Whither the Fourth Pillar of Fair Use
by ERNEST MILLER (pointing to WILLIAM PATRY post)
The Importance Of, publication date 09 May 2005
"A couple of quick points that I would make would be that we should consider the question of substitution, that is, does the allegedly infringing work substitute for the market for the original?"
Tuesday, May 10, 2005
DRM and music research
DRM and music research
by CORY DOCTOROW
Boing boing, publication date: 05 May 2005
"Developing MP3, for example, surely required a lot of experimentation with popular music to field test and refine the codec. How will the developers of MP3's replacement perform comparable tests on an iTunes track?"
by CORY DOCTOROW
Boing boing, publication date: 05 May 2005
"Developing MP3, for example, surely required a lot of experimentation with popular music to field test and refine the codec. How will the developers of MP3's replacement perform comparable tests on an iTunes track?"
Hilary Rosen Laments Apple's DRM Strategy
Hilary Rosen Laments Apple's DRM Strategy
by ERNEST MILLER
Copyfight, publication date: 09 May 2005
"Hello? This was and is an obvious consequence of your DRM-ed world, Miss Rosen. Apple is simply doing what comes natural. Having insisted on the means for exclusion being legally protected (i.e. DMCA), Apple is using those means to exclude competitors."
by ERNEST MILLER
Copyfight, publication date: 09 May 2005
"Hello? This was and is an obvious consequence of your DRM-ed world, Miss Rosen. Apple is simply doing what comes natural. Having insisted on the means for exclusion being legally protected (i.e. DMCA), Apple is using those means to exclude competitors."
Friday, May 06, 2005
A Win for Fair Use, Consumer Rights
A Win for Fair Use, Consumer Rights
by DAN GILLMOR
Dan Gillmor on Grassroots Journalism, Etc, publication date: 06 May 2005
"But the broadcast flag sent a message both to customers and innovative technologists: We are in a pay-per-view world of hyper-controlled media, if the copyright decrees it, and you may not do anything to save your fair use or other traditional rights unless we approve."
by DAN GILLMOR
Dan Gillmor on Grassroots Journalism, Etc, publication date: 06 May 2005
"But the broadcast flag sent a message both to customers and innovative technologists: We are in a pay-per-view world of hyper-controlled media, if the copyright decrees it, and you may not do anything to save your fair use or other traditional rights unless we approve."
Court yanks down FCC's broadcast flag
Court yanks down FCC's broadcast flag
by DECLAN MCCULLAGH
CNet News.com, publication date: 06 May 2005
'"The FCC has no authority to regulate consumer electronic devices that can be used for receipt of wire or radio communication when those devices are not engaged in the process of radio or wire transmission."'
by DECLAN MCCULLAGH
CNet News.com, publication date: 06 May 2005
'"The FCC has no authority to regulate consumer electronic devices that can be used for receipt of wire or radio communication when those devices are not engaged in the process of radio or wire transmission."'
Thursday, May 05, 2005
Why DRM Sucks (Redux)
Why DRM Sucks (Redux)
by JENNY LEVINE
The Shifted Librarian, publication date: 04 Mary 2005
"But you know that's not the end of the story, right? I downloaded the new version of Rhapsody, which is really nice. It's a Flash app now, which means more functionality. I really like it, but every time I open the app, I get an error message that says my Windows DRM software has been corrupted so Rhapsody can't play the track. Not that I%u2019ve asked it to play a track, mind you. And I can stream music just fine, although I haven't tried burning anything yet. I assume that if I was to try the new "pay as you go" plan to put whatever music I want on my MP3 player, it would fail miserably."
by JENNY LEVINE
The Shifted Librarian, publication date: 04 Mary 2005
"But you know that's not the end of the story, right? I downloaded the new version of Rhapsody, which is really nice. It's a Flash app now, which means more functionality. I really like it, but every time I open the app, I get an error message that says my Windows DRM software has been corrupted so Rhapsody can't play the track. Not that I%u2019ve asked it to play a track, mind you. And I can stream music just fine, although I haven't tried burning anything yet. I assume that if I was to try the new "pay as you go" plan to put whatever music I want on my MP3 player, it would fail miserably."
Piracy legislation under the spotlight
Piracy legislation under the spotlight [South Africa]
ITWeb, publication date: 04 May 2005
"With the support of the US Embassy and Microsoft (SA), IPACT is to host a workshop focusing on trademark law, copyright law as well as the procedures under the Counterfeit Goods Act from a prosecution perspective in their drive to ensure the proper enforcement of intellectual property law in SA.
...
Mark Reynolds of Microsoft South Africa believes the successful prosecution and strong sentencing coming from the commercial crimes courts lately is a good indication that the collaboration between government and industry is paying off. He cites two recent prosecutions, that of the sentencing of Craig Marnoch (aka Rebel Software) who received three years in prison for trading in counterfeit Microsoft products and infringing Microsoft's copyright, and Marcus Mocke (aka Future Games) whose plea bargain led to an eight-year imprisonment sentence or a R400 000 fine, of which R375 000 and/or six years was suspended for five years. In each case the courts have handed down severe sentences - even for first time offenders."
ITWeb, publication date: 04 May 2005
"With the support of the US Embassy and Microsoft (SA), IPACT is to host a workshop focusing on trademark law, copyright law as well as the procedures under the Counterfeit Goods Act from a prosecution perspective in their drive to ensure the proper enforcement of intellectual property law in SA.
...
Mark Reynolds of Microsoft South Africa believes the successful prosecution and strong sentencing coming from the commercial crimes courts lately is a good indication that the collaboration between government and industry is paying off. He cites two recent prosecutions, that of the sentencing of Craig Marnoch (aka Rebel Software) who received three years in prison for trading in counterfeit Microsoft products and infringing Microsoft's copyright, and Marcus Mocke (aka Future Games) whose plea bargain led to an eight-year imprisonment sentence or a R400 000 fine, of which R375 000 and/or six years was suspended for five years. In each case the courts have handed down severe sentences - even for first time offenders."
Canadian Rejection Of DMCA Rejected By US
Canadian Rejection Of DMCA Rejected By US
by DAVID UTTER
WPN News, publication date: 02 May 2005
"The Canadian government has attempted to balance the rights of copyright holders and of users. Specifically, only circumvention of a copyright with the intent to infringe on that copyright would be illegal."
by DAVID UTTER
WPN News, publication date: 02 May 2005
"The Canadian government has attempted to balance the rights of copyright holders and of users. Specifically, only circumvention of a copyright with the intent to infringe on that copyright would be illegal."
Pakistan - copyright piracy hub
Pakistan - copyright piracy hub
by AAMER AHMED KHAN
BBC News, publication date: 03 May 2005
"The organisation estimated in 2003 that Pakistani pirates were exporting more than 13 million CDs and DVDs to 46 countries every month. Since then the figure has gone up, it believes.
Global anti-piracy bodies are hoping that the coming into effect of an international agreement called TRIPS (Trade Related Aspects of Intellectual Property Rights) on 1 January this year may force a change in the situation."
by AAMER AHMED KHAN
BBC News, publication date: 03 May 2005
"The organisation estimated in 2003 that Pakistani pirates were exporting more than 13 million CDs and DVDs to 46 countries every month. Since then the figure has gone up, it believes.
Global anti-piracy bodies are hoping that the coming into effect of an international agreement called TRIPS (Trade Related Aspects of Intellectual Property Rights) on 1 January this year may force a change in the situation."
New-age copyright
New-age copyright
The Daily News, Jacksonville NC, publication date: 02 Mary 2005
"The trouble is, this is about rapidly evolving technology, and using the law to prevent unauthorized copying is a blunt instrument that is seldom very effective. Furthermore, the MPAA has a terrible track record when it comes to new technologies. For instance, it used political influence to try to strangle both television and VCRs in their cribs.It will take years, perhaps decades, to sort through intellectual property issues in the digital age. Copyright laws were developed about 100 years after the invention of the printing press. Expanding existing law to new technologies, as this law does, is unlikely to be satisfactory."
The Daily News, Jacksonville NC, publication date: 02 Mary 2005
"The trouble is, this is about rapidly evolving technology, and using the law to prevent unauthorized copying is a blunt instrument that is seldom very effective. Furthermore, the MPAA has a terrible track record when it comes to new technologies. For instance, it used political influence to try to strangle both television and VCRs in their cribs.It will take years, perhaps decades, to sort through intellectual property issues in the digital age. Copyright laws were developed about 100 years after the invention of the printing press. Expanding existing law to new technologies, as this law does, is unlikely to be satisfactory."
Piracy in India causes US $500mn loss
Piracy in India causes US $500mn loss
HindustanTimes.com, publication date: 30 April 2005
"In addition, copyright piracy is rampant, and the US copyright industry estimates that lost sales resulting from piracy in India of US motion pictures, sound recordings, musical compositions, computer programmes, and books totalled approximately $500 million in 2004. India is not a party to the WIPO Internet Treaties."
HindustanTimes.com, publication date: 30 April 2005
"In addition, copyright piracy is rampant, and the US copyright industry estimates that lost sales resulting from piracy in India of US motion pictures, sound recordings, musical compositions, computer programmes, and books totalled approximately $500 million in 2004. India is not a party to the WIPO Internet Treaties."
Scouts to help protect copyright goods
Scouts to help protect copyright goods
Health and Community News, news.gov.hk, publication date: 30 April 2005
"The programme, co-organised by the Scout Association, Customs & Excise Department, Motion Picture Association and the Intellectual Property society, aims to provide copyright protection training to various levels of scouts from age seven to 65. There are around 100,000 scouts in Hong Kong."
Health and Community News, news.gov.hk, publication date: 30 April 2005
"The programme, co-organised by the Scout Association, Customs & Excise Department, Motion Picture Association and the Intellectual Property society, aims to provide copyright protection training to various levels of scouts from age seven to 65. There are around 100,000 scouts in Hong Kong."
"Kingdom" Comes to Copyright Spat
"Kingdom" Comes to Copyright Spat
by JOSH GROSSBERG
E! Online News, publication date: 29 April 2005
"'The essence of it is that this is a film that is derived from the first 100 pages of my book,' Reston tells the Associated Press."
by JOSH GROSSBERG
E! Online News, publication date: 29 April 2005
"'The essence of it is that this is a film that is derived from the first 100 pages of my book,' Reston tells the Associated Press."
Monday, May 02, 2005
DRM and libraries, what is useful to know
DRM and libraries, what is useful to know
by JESSAMYN WEST
Librarian.net, publication date: 29 April 2005
by JESSAMYN WEST
Librarian.net, publication date: 29 April 2005
Tuesday, April 26, 2005
What's "distribution"?
What's "distribution"?
by SUSAN CRAWFORD
Susan Crawford blog, publication date: 23 April 2005
"But this expanded distribution right does give another lever to content owners in negotiations with ISPs. If an ISP is able to see that some of its subscribers are operating servers or 'making available' electronic material to others on a largescale basis, then it may be deemed to know that uploading is happening and (presumptively) infringement of this newly expanded exclusive 'distribution' right is occuring."
by SUSAN CRAWFORD
Susan Crawford blog, publication date: 23 April 2005
"But this expanded distribution right does give another lever to content owners in negotiations with ISPs. If an ISP is able to see that some of its subscribers are operating servers or 'making available' electronic material to others on a largescale basis, then it may be deemed to know that uploading is happening and (presumptively) infringement of this newly expanded exclusive 'distribution' right is occuring."
HRCC Endorses the Digital Media Consumers' Rights Act
HRCC Endorses the Digital Media Consumers' Rights Act
Induce Act Blog (intellectual property law blog), publication date: 19 April 2005
Induce Act Blog (intellectual property law blog), publication date: 19 April 2005
Copyright proposals push security firms' panic buttons
Copyright proposals push security firms' panic buttons
by NEIL SUTTON
ITBusiness.ca, publication date: 25 April 2005
"The group takes issue with a proposed change to the act that would make it illegal to circumvent technological protection measures (TPMs).
'Legal protection for TPMs,' the letter states, 'is the equivalent of making screwdrivers illegal
because they can be used to break and enter. Good legislation targets the illegal act, not the legal tools the crook might use.'"
by NEIL SUTTON
ITBusiness.ca, publication date: 25 April 2005
"The group takes issue with a proposed change to the act that would make it illegal to circumvent technological protection measures (TPMs).
'Legal protection for TPMs,' the letter states, 'is the equivalent of making screwdrivers illegal
because they can be used to break and enter. Good legislation targets the illegal act, not the legal tools the crook might use.'"
Creating a Generation of Idiots
Creating a Generation of Idiots
by KJB
FilmForce, publication date: 22 April 2005
"Consumer advocacy groups and even the Electronic Frontier Foundation who usually fight bills like these have decided that it's one of those times to pick and choose your fights, opting to let this one through in order to focus on more potentially restrictive bills that are currently making their way through both houses."
by KJB
FilmForce, publication date: 22 April 2005
"Consumer advocacy groups and even the Electronic Frontier Foundation who usually fight bills like these have decided that it's one of those times to pick and choose your fights, opting to let this one through in order to focus on more potentially restrictive bills that are currently making their way through both houses."
Nikon's RAW photo encryption broken...twice
Nikon's RAW photo encryption broken...twice
by BARB DYBWAD
Engadget, publication date: 22 April 2005
"Coffin hopes his work will allow Adobe to support Nikon's file format in future versions of their Camera Raw software, but Adobe is still understandably hesitant about drawing a possible lawsuit under the Digital Millennium Copyright Act (DMCA). "
by BARB DYBWAD
Engadget, publication date: 22 April 2005
"Coffin hopes his work will allow Adobe to support Nikon's file format in future versions of their Camera Raw software, but Adobe is still understandably hesitant about drawing a possible lawsuit under the Digital Millennium Copyright Act (DMCA). "
Crime and Punishment, and Copyright
Crime and Punishment, and Copyright
by ED FOSTER
InfoWorld, publication date: 25 April 2005
"This was the thought I couldn't shake as I read last week about Congress passing an ugly hodgepodge of 'copyright protection' laws called the Family Entertainment and Copyright Act of 2005. Among other things, the law considerably lowers the standards for what constitutes criminal copyright infringement. Peer-to-peer file sharers deemed to have distributed $1,000 worth of movie or music files in a six-month period can face up to three years in prison."
by ED FOSTER
InfoWorld, publication date: 25 April 2005
"This was the thought I couldn't shake as I read last week about Congress passing an ugly hodgepodge of 'copyright protection' laws called the Family Entertainment and Copyright Act of 2005. Among other things, the law considerably lowers the standards for what constitutes criminal copyright infringement. Peer-to-peer file sharers deemed to have distributed $1,000 worth of movie or music files in a six-month period can face up to three years in prison."
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