NCC declares MCSN illegal, nullifies Adewopo?s approval
by OZULUA UHAKHEME and RICHARD EGHAGHE
Daily Independent [Nigeria], publication date: 25 November 2005
"The president may have acted swiftly to save the copyright community, to which he also belongs as an author, from further embarrassment in the confusion rocking copyright owners and users in the entertainment industry, over collective administration of royalties, following unhealthy rivalry between the registered Performing and Mechanical Rights Society of Nigeria (PMRS) and the now deregistered MCSN, which was purportedly approved few months ago. The president was also said to have acted in the spirit of his ongoing anti-corruption crusade in the country."
Tuesday, November 29, 2005
Siva in Chronicle of Higher Ed: A Risky Gamble with Google
Siva in Chronicle of Higher Ed: A Risky Gamble with Google
by SIVA VAIDHYANATHAN
Chronicle of Higher Education, publication date: 02 December 2005
via Siva's blog
"And it dangerously elevates Google's role and responsibility as the steward --with no accountability -- of our information ecosystem. That's why I, an avowed open-source, open-access advocate, have serious reservations about it.
It pains me to declare this: Google's Library Project is a risky deal for libraries, researchers, academics, and the public in general. However, it's actually not a bad deal for publishers and authors, despite their protestations.
...
So the copyright-infringement suits brought by authors and by publishers against Google Library will present the courts with an interesting dilemma: Should they favor the norms of the Web (opt out) over the norms of the real world (opt in)? Google is clearly asserting the right to do what it has always done in the Web world — copied without permission for the purpose of providing an important commercial service that rides free on others' copyrighted work. The courts will have to decide if that is a bit too presumptuous and disruptive in the real world.
...
So I worry. We need services like that provided by Google Library. But they should be "Library Library" projects. Libraries should not be relinquishing their core duties to private corporations for the sake of expediency. Whichever side wins in court, we as a culture have lost sight of the ways that human beings, archives, indexes, and institutions interact to generate, preserve, revise, and distribute knowledge."
by SIVA VAIDHYANATHAN
Chronicle of Higher Education, publication date: 02 December 2005
via Siva's blog
"And it dangerously elevates Google's role and responsibility as the steward --with no accountability -- of our information ecosystem. That's why I, an avowed open-source, open-access advocate, have serious reservations about it.
It pains me to declare this: Google's Library Project is a risky deal for libraries, researchers, academics, and the public in general. However, it's actually not a bad deal for publishers and authors, despite their protestations.
...
So the copyright-infringement suits brought by authors and by publishers against Google Library will present the courts with an interesting dilemma: Should they favor the norms of the Web (opt out) over the norms of the real world (opt in)? Google is clearly asserting the right to do what it has always done in the Web world — copied without permission for the purpose of providing an important commercial service that rides free on others' copyrighted work. The courts will have to decide if that is a bit too presumptuous and disruptive in the real world.
...
So I worry. We need services like that provided by Google Library. But they should be "Library Library" projects. Libraries should not be relinquishing their core duties to private corporations for the sake of expediency. Whichever side wins in court, we as a culture have lost sight of the ways that human beings, archives, indexes, and institutions interact to generate, preserve, revise, and distribute knowledge."
Webcasting Prominent In WIPO Broadcasting Talks Despite Few Supporters
Webcasting Prominent In WIPO Broadcasting Talks Despite Few Supporters
by WILLIAM NEW
Intellectual Property Watch, publication date: 28 November 2005
"Member governments of the World Intellectual Property Organisation last week spent significant time discussing a proposal to include the delivery of broadcasts over the Internet in a treaty updating the rights of broadcasters. But the proposal appears to have almost no supporters among the member governments."
by WILLIAM NEW
Intellectual Property Watch, publication date: 28 November 2005
"Member governments of the World Intellectual Property Organisation last week spent significant time discussing a proposal to include the delivery of broadcasts over the Internet in a treaty updating the rights of broadcasters. But the proposal appears to have almost no supporters among the member governments."
Boston Globe Throws Mud at Peter Quinn -- Mud Lands on Boston Globe
Boston Globe Throws Mud at Peter Quinn -- Mud Lands on Boston Globe
Groklaw, publication date: 26 November 2005
"Let's see. If one doesn't want to use Microsoft's formats, because one thinks they are not open enough for one's legitimate needs as a government agency, what happens to one? Microsoft's goons and allies will comb through your life looking for dirt, or something that looks a little like dirt, to ruin your reputation? And so the Boston Globe decided to investigate how completely Peter Quinn dotted his I's and crossed his T's on his expense account:"
Groklaw, publication date: 26 November 2005
"Let's see. If one doesn't want to use Microsoft's formats, because one thinks they are not open enough for one's legitimate needs as a government agency, what happens to one? Microsoft's goons and allies will comb through your life looking for dirt, or something that looks a little like dirt, to ruin your reputation? And so the Boston Globe decided to investigate how completely Peter Quinn dotted his I's and crossed his T's on his expense account:"
Wednesday, November 23, 2005
iPod DRM faces another reverse-engineering challenge
iPod DRM faces another reverse-engineering challenge
by JIM DALRYMPLE
Playlist, publication date: 22 November 2005
"Content downloaded from iTunes is encoded with the FairPlay DRM system, effectively putting limits on how customers can use the content. Content providers want to use FairPlay because of the popularity of the iPod, which is incompatible with all DRM formats other than FairPlay. Apple has declined to license the technology to outside vendors."
by JIM DALRYMPLE
Playlist, publication date: 22 November 2005
"Content downloaded from iTunes is encoded with the FairPlay DRM system, effectively putting limits on how customers can use the content. Content providers want to use FairPlay because of the popularity of the iPod, which is incompatible with all DRM formats other than FairPlay. Apple has declined to license the technology to outside vendors."
USC/Berkeley Report: over 30% of DMCA take-down notices are improper
USC/Berkeley Report: over 30% of DMCA take-down notices are improper.
by JASON SCHULTZ
Copyfight, publication date: 22 November 2005
"The report finds that nearly 1/3rd of all notices are improper and potentially illegal. The full report will be out in March 2006."
by JASON SCHULTZ
Copyfight, publication date: 22 November 2005
"The report finds that nearly 1/3rd of all notices are improper and potentially illegal. The full report will be out in March 2006."
BitTorrent shakes hands with MPAA
BitTorrent shakes hands with MPAA
by STEVE MALONE
PC Pro, publication date: 23 November 2005
"'BitTorrent is an extremely efficient publishing tool and search engine that allows creators and rights holders to make their content available on the Internet securely,' said Cohen in a statement. 'BitTorrent discourages the use of its technology for distributing films without a licence to do so. As such, we are pleased to work with the film industry to remove unauthorized content from BitTorrent.com's search engine'."
by STEVE MALONE
PC Pro, publication date: 23 November 2005
"'BitTorrent is an extremely efficient publishing tool and search engine that allows creators and rights holders to make their content available on the Internet securely,' said Cohen in a statement. 'BitTorrent discourages the use of its technology for distributing films without a licence to do so. As such, we are pleased to work with the film industry to remove unauthorized content from BitTorrent.com's search engine'."
Tuesday, November 22, 2005
Backing up software could have legal implications
Backing up software could have legal implications
by JOHN AGSALUD
[Honolulu] Star Bulletin, publication date: 21 November 2005
"How do you know if your software is copy protected? You could read the fine print on the license agreements, but the backup policy is not always well-defined."
by JOHN AGSALUD
[Honolulu] Star Bulletin, publication date: 21 November 2005
"How do you know if your software is copy protected? You could read the fine print on the license agreements, but the backup policy is not always well-defined."
University Network i2hub Shut Down
University Network i2hub Shut Down
Associated Press
Top Tech News, publication date: 21 November 2005
"'I've never believed i2hub was illegal,' Chang said. 'A lot of people have met their significant others on there, have received or given homework help, etc. It was a real-time social network.'"
Associated Press
Top Tech News, publication date: 21 November 2005
"'I've never believed i2hub was illegal,' Chang said. 'A lot of people have met their significant others on there, have received or given homework help, etc. It was a real-time social network.'"
Politicos wary of changes to copyright law
Politicos wary of changes to copyright law
by ANNE BROACHE
CNet News, publication date: 16 November 2005
"But panelists encountered reservations--and outright opposition--from several members of the House subcommittee, including Chairman Cliff Stearns, a Florida Republican, who said he thought the solution should lie in
technology, 'not necessarily in legislation.'
...
Stearns and others said they were concerned that any law allowing circumvention of copy-protection devices would undercut the purpose of the DMCA and could be exploited by criminals looking to pirate works.
"I hope we can slow down the movement of (the consumer) bill or stop it entirely," said Rep. Mary Bono, a California Republican who described herself as a "staunch opponent" of the bill.
Barton and Boucher said they disagreed: The same penalties would continue to apply to pirates, they said."
by ANNE BROACHE
CNet News, publication date: 16 November 2005
"But panelists encountered reservations--and outright opposition--from several members of the House subcommittee, including Chairman Cliff Stearns, a Florida Republican, who said he thought the solution should lie in
technology, 'not necessarily in legislation.'
...
Stearns and others said they were concerned that any law allowing circumvention of copy-protection devices would undercut the purpose of the DMCA and could be exploited by criminals looking to pirate works.
"I hope we can slow down the movement of (the consumer) bill or stop it entirely," said Rep. Mary Bono, a California Republican who described herself as a "staunch opponent" of the bill.
Barton and Boucher said they disagreed: The same penalties would continue to apply to pirates, they said."
Fair Use and Free Speech
Fair Use and Free Speech
Release of the Documentary Filmmakers' Statement of Best Practices in Fair Use (PDF file)
Center for Social Media, publication date: 18 November 2005
Release of the Documentary Filmmakers' Statement of Best Practices in Fair Use (PDF file)
Center for Social Media, publication date: 18 November 2005
Copyright isn't the last word
Copyright isn't the last word
by ELAINE DUTKA
Los Angeles Times, publication date: 18 November 2005
"Stories such as these spurred the creation of 'The Documentary Filmmakers' Statement of Best Practices in Fair Use,' a document to be released today as a guideline for judging when material is free for use. The statement describes situations in which filmmakers believe the code applies, saving documentarians the cost of consulting attorneys. The law is intentionally vague, intended to be interpreted case by case."
by ELAINE DUTKA
Los Angeles Times, publication date: 18 November 2005
"Stories such as these spurred the creation of 'The Documentary Filmmakers' Statement of Best Practices in Fair Use,' a document to be released today as a guideline for judging when material is free for use. The statement describes situations in which filmmakers believe the code applies, saving documentarians the cost of consulting attorneys. The law is intentionally vague, intended to be interpreted case by case."
Sony's Copyright Overreach
Sony's Copyright Overreach
by LORRAINE WOELLERT
BusinessWeek, publication date: 17 November 2005
"Now the tide might be turning, thanks to a classic case of overreaching that has fomented a backlash against the industry. On Oct. 31, blogger Mark Russinovich discovered a hidden program installed on his PC by a Sony (SNE) BMG music disk. The code was designed to prevent purchasers of the CD from copying it or converting it. But the program was disturbing for another reason -- in an apparent effort to prevent garden-variety hackers from circumventing the copy restrictions, Sony designed the program to surreptitiously bury itself deep within the Windows operating system, completely hidden from view."
by LORRAINE WOELLERT
BusinessWeek, publication date: 17 November 2005
"Now the tide might be turning, thanks to a classic case of overreaching that has fomented a backlash against the industry. On Oct. 31, blogger Mark Russinovich discovered a hidden program installed on his PC by a Sony (SNE) BMG music disk. The code was designed to prevent purchasers of the CD from copying it or converting it. But the program was disturbing for another reason -- in an apparent effort to prevent garden-variety hackers from circumventing the copy restrictions, Sony designed the program to surreptitiously bury itself deep within the Windows operating system, completely hidden from view."
Naxos Pulls Historical Recordings From Stores in Copyright Settlement
Naxos Pulls Historical Recordings From Stores in Copyright Settlement
by BEN MATTISON
Playbill Arts, publication date: 16 November 2005
"The independent record label Naxos has asked stores to remove some of its historical recordings from their shelves and return them, a spokesman for the label confirmed today.
The recall is part of a settlement with Capitol Records stemming from a copyright-infringement case that Capitol had filed against Naxos."
by BEN MATTISON
Playbill Arts, publication date: 16 November 2005
"The independent record label Naxos has asked stores to remove some of its historical recordings from their shelves and return them, a spokesman for the label confirmed today.
The recall is part of a settlement with Capitol Records stemming from a copyright-infringement case that Capitol had filed against Naxos."
UK inquiry into DRM and the law
UK inquiry into DRM and the law
by OUT-LAW.COM
The Register, publication date: 15 November 2005
'It points to wider applications of DRM in, for example, allowing individuals to buy the right to read a book just once, or pay a fraction of a penny every time they play a song. This allows publishers greater flexibility in the services they offer and leads to increased consumer choice, says the Parliamentary Group.
"DRM systems bring threats and opportunities to both publishers and consumers," said APIG Chairman Derek Wyatt MP. "This inquiry will seek to establish how consumers, artists and the distribution companies should be protected in a continually evolving market place."'
DOJ-Authored Law Would Punish 'Intent To Infringe'
DOJ-Authored Law Would Punish 'Intent To Infringe'
by MARK HACHMAN
ExtremeDRM, publication date: 13 November 2005
"The IPPA would dramtically widen the concept of 'willful infringement'. Rather than applying the penalties to someone who infringes on a copyright, the act would criminalize the 'intent to infringe' the copyright as well."
Friday, November 11, 2005
Google's Stumble
Google's Stumble
by CHRIS KRAEUTER
Forbes.com, publication date: 08 November 2005
"Google's book database would be available only through its own search engine. Even if Google wins in court, it will have sacrificed time and public-relations currency with the very people with whom it is trying to do business.
Ultimately, sales are what matters--to Google and to the publishers--so Google's vision might yet come to fruition, and publishers and authors might become loyal Google converts. But this battle will be withering and will allow competitors the time and opportunity to test their own methods."
by CHRIS KRAEUTER
Forbes.com, publication date: 08 November 2005
"Google's book database would be available only through its own search engine. Even if Google wins in court, it will have sacrificed time and public-relations currency with the very people with whom it is trying to do business.
Ultimately, sales are what matters--to Google and to the publishers--so Google's vision might yet come to fruition, and publishers and authors might become loyal Google converts. But this battle will be withering and will allow competitors the time and opportunity to test their own methods."
Justice Dept. proposes tougher copyright laws
Justice Dept. proposes tougher copyright laws
Reuters
Computerworld, publication date: 11 November 2005
"A recording-industry trade group praised the bill, but a public-interest group, Public Knowledge, said the Justice Department should consider measures that would protect consumers' fair-use rights as well. The bill has not yet been introduced in Congres"
Reuters
Computerworld, publication date: 11 November 2005
"A recording-industry trade group praised the bill, but a public-interest group, Public Knowledge, said the Justice Department should consider measures that would protect consumers' fair-use rights as well. The bill has not yet been introduced in Congres"
Thursday, November 10, 2005
Blackboard use raises copyright concerns
Blackboard use raises copyright concerns
by IAN YARETT
The Phoenix [Swarthmore], publication date: 10 November 2005
"According to college librarian Peggy Seiden, “The college’s practice, which goes back to our extensive print reserves collections, is to make it the faculty or department’s responsibility to seek permissions from copyright owners. We don’t have the staff to centralize that function, though we will help [administrative assistants] and faculty find addresses and the appropriate contacts.”
The first time that a work is used for a specific class it is considered to be fair use, but after that, faculty should seek permission for subsequent uses such as when the course is re-taught, she explained. “It’s an ongoing process of educating the faculty about when to seek permissions,” she said."
by IAN YARETT
The Phoenix [Swarthmore], publication date: 10 November 2005
"According to college librarian Peggy Seiden, “The college’s practice, which goes back to our extensive print reserves collections, is to make it the faculty or department’s responsibility to seek permissions from copyright owners. We don’t have the staff to centralize that function, though we will help [administrative assistants] and faculty find addresses and the appropriate contacts.”
The first time that a work is used for a specific class it is considered to be fair use, but after that, faculty should seek permission for subsequent uses such as when the course is re-taught, she explained. “It’s an ongoing process of educating the faculty about when to seek permissions,” she said."
Copyright Act Amendments and Rootkits
Copyright Act Amendments and Rootkits
by LARRY LEAN
Digital Copyright Canada, publication date: 09 November 2005
"Notice the chilling speculation that if you point out what Sony CD's do with technical details, publicly, you may be committing a criminal or civil offence. Were our amendments in place, it would be ditto, would it not? This is no longer hypothetical but a real situation that the law has to account for or plainly ought to: it should not place users in a position of helplessness with respect to their personal property ('Can't remove the DRM') or defend a trespass and tampering with their computer equipment ('Couldn't they think of this?')."
by LARRY LEAN
Digital Copyright Canada, publication date: 09 November 2005
"Notice the chilling speculation that if you point out what Sony CD's do with technical details, publicly, you may be committing a criminal or civil offence. Were our amendments in place, it would be ditto, would it not? This is no longer hypothetical but a real situation that the law has to account for or plainly ought to: it should not place users in a position of helplessness with respect to their personal property ('Can't remove the DRM') or defend a trespass and tampering with their computer equipment ('Couldn't they think of this?')."
Google's Tough Call
Google's Tough Call
by LAWRENCE LESSIG
Wired Magazine, publication date: November 2005
"Schroeder is right, but the Authors Guild and the AAP are wrong. Copyright law has been turned on its ear, but it's not Google that did the turning; it's the Internet. Nor is it Google that is exploiting this turn; that title goes to the Authors Guild and the AAP.
Indeed, their claims about Google represent the biggest landgrab in the history of the Internet, and if taken seriously, will chill a wide range of innovation. Because if the AAP is right, it's not Google Print that's illegal. The outlaw is Google itself - and Yahoo!, and MSN Search, and the Internet Archive, and every other technology that makes knowledge useful in a digital age."
by LAWRENCE LESSIG
Wired Magazine, publication date: November 2005
"Schroeder is right, but the Authors Guild and the AAP are wrong. Copyright law has been turned on its ear, but it's not Google that did the turning; it's the Internet. Nor is it Google that is exploiting this turn; that title goes to the Authors Guild and the AAP.
Indeed, their claims about Google represent the biggest landgrab in the history of the Internet, and if taken seriously, will chill a wide range of innovation. Because if the AAP is right, it's not Google Print that's illegal. The outlaw is Google itself - and Yahoo!, and MSN Search, and the Internet Archive, and every other technology that makes knowledge useful in a digital age."
Bush administration wants tougher piracy laws
Bush administration wants tougher piracy laws
by BROOKS BOLIEK
Hollywood Reporter, publication date: 11 November 2005
"Gonzales said the new laws were necessary because technological changes make it easier for pirates to steal material and the money generated by the activity can fund other criminal ventures such as terrorism."
by BROOKS BOLIEK
Hollywood Reporter, publication date: 11 November 2005
"Gonzales said the new laws were necessary because technological changes make it easier for pirates to steal material and the money generated by the activity can fund other criminal ventures such as terrorism."
Supremes won't review freelancer's source code defeat
Supremes won't review freelancer's source code defeat
by OUT-LAW.com
The Register, publication date: 10 November 2005
"Unfortunately for Titleserv, the question of ownership and copyright in the programs had never been fully agreed, and on his departure, according to court papers, Krause took with him the only copies of the source code for two of the disputed programs, leaving copies of the other six."
Pulp friction
Pulp friction
The Economist, publication date: 10 November 2005
"This month, Google announced that it is moving forward with its plans to digitise books from several big libraries, despite two lawsuits filed in October by authors and publishers who claim that the firm's actions violate their copyrights. (Google says its actions are legal under a “fair use” exception in the law.)
...
'In the future, the only thing that will get read is something that will be online. If it isn't online, it doesn't exist,' proclaims Jim Gerber, director of content partnerships at Google. "
The Economist, publication date: 10 November 2005
"This month, Google announced that it is moving forward with its plans to digitise books from several big libraries, despite two lawsuits filed in October by authors and publishers who claim that the firm's actions violate their copyrights. (Google says its actions are legal under a “fair use” exception in the law.)
...
'In the future, the only thing that will get read is something that will be online. If it isn't online, it doesn't exist,' proclaims Jim Gerber, director of content partnerships at Google. "
Wednesday, November 09, 2005
Region coding for PS3 unlikely
Region coding for PS3 unlikely
by ANDREW COLLEY
Australian IT, publication date: 08 November 2005
"SCE Australia recent lost a lengthy legal battle which reached the High Court and brought its policy of coding discs specifically for market regions under scrutiny from the Australian Competition and Consumer Commission (ACCC)."
by ANDREW COLLEY
Australian IT, publication date: 08 November 2005
"SCE Australia recent lost a lengthy legal battle which reached the High Court and brought its policy of coding discs specifically for market regions under scrutiny from the Australian Competition and Consumer Commission (ACCC)."
Tuesday, November 08, 2005
Grokster Calls It Quits on Sharing Music Files
Grokster Calls It Quits on Sharing Music Fileswarning: registration required
by JEFF LEEDS
The New York Times, publication date: 08 November 2005
"The company said it planned to create a 'safe and legal' service and refer users to a new Web site, www.grokster3g.com. Grokster is expected to be absorbed by Mashboxx, a new venture run by Wayne Rosso, a former Grokster president, who has already struck a deal to license music from Sony BMG Music Entertainment, the world's second-biggest music company."
by JEFF LEEDS
The New York Times, publication date: 08 November 2005
"The company said it planned to create a 'safe and legal' service and refer users to a new Web site, www.grokster3g.com. Grokster is expected to be absorbed by Mashboxx, a new venture run by Wayne Rosso, a former Grokster president, who has already struck a deal to license music from Sony BMG Music Entertainment, the world's second-biggest music company."
Study of Sony Anti-Piracy Software Triggers Uproar
Study of Sony Anti-Piracy Software Triggers Uproar
by BRIAN KREBS
Washington Post, publication date: 02 November 2005
"Privacy and security experts charged that the technology built into many of Sony's music CDs since March is unnecessarily invasive and exposes users to threats from hackers and virus writers."
by BRIAN KREBS
Washington Post, publication date: 02 November 2005
"Privacy and security experts charged that the technology built into many of Sony's music CDs since March is unnecessarily invasive and exposes users to threats from hackers and virus writers."
Monday, November 07, 2005
Congress divided on broadcast flag plan
Congress divided on broadcast flag plan
by ANNE BROACHE
CNET News.com, publication date: 03 November 2005
"Rep. Zoe Lofgren, a California Democrat, said that 'we should do what we can to support content owners from being ripped off.' But she said that protection should not come at the expense of limiting the rights of consumers or impeding the growth of new technology."
by ANNE BROACHE
CNET News.com, publication date: 03 November 2005
"Rep. Zoe Lofgren, a California Democrat, said that 'we should do what we can to support content owners from being ripped off.' But she said that protection should not come at the expense of limiting the rights of consumers or impeding the growth of new technology."
HK man jailed in world's first copyright violation case
HK man jailed in world's first copyright violation case
The Associated Press
International Herald Tribune, publication date: 07 November 2005
"A Hong Kong man on Monday was sentenced to three months in prison in what local officials said was the world's first successful prosecution of copyright violation using the popular file-sharing software BitTorrent."
The Associated Press
International Herald Tribune, publication date: 07 November 2005
"A Hong Kong man on Monday was sentenced to three months in prison in what local officials said was the world's first successful prosecution of copyright violation using the popular file-sharing software BitTorrent."
Thursday, November 03, 2005
Peer-to-Peer Goes Legit
Peer-to-Peer Goes Legit
by NIALL MCKAY
Wired News, publication date: 03 November 2005
"Now the company has built Microsoft Digital Rights Management technology into its software, allowing users to see a complete list of tracks available on the Gnutella network. However, they can only download tracks that they are willing to pay for, or that are not copyright protected.
'We are the first true P2P company to legalize our service,' said Talmon Marco, president and co-founder of iMesh. 'Unlike iTunes or Rhapsody or Napster, we will also provide access to another 15 million so-called 'gray market' soundtracks free of charge.'"
by NIALL MCKAY
Wired News, publication date: 03 November 2005
"Now the company has built Microsoft Digital Rights Management technology into its software, allowing users to see a complete list of tracks available on the Gnutella network. However, they can only download tracks that they are willing to pay for, or that are not copyright protected.
'We are the first true P2P company to legalize our service,' said Talmon Marco, president and co-founder of iMesh. 'Unlike iTunes or Rhapsody or Napster, we will also provide access to another 15 million so-called 'gray market' soundtracks free of charge.'"
Friday, October 28, 2005
Who Owns XML?
Who Owns XML?
by WADE ROUSH
Technology Review, publication date: 26 October 2005
"But now executives at Scientigo, a small software maker based in Charlotte, NC, say the company owns two U.S. patents (No. 5,842,213 and No. 6,393,426), that cover one of the fundamental concepts behind XML: the idea of packaging data in a self-defining format that allows it to be correctly displayed wherever it travels.
Scientigo CEO Doyal Bryant says the company plans to capitalize on the patents either by reaching licensing agreements with big corporate users of XML or by selling them to another company."
by WADE ROUSH
Technology Review, publication date: 26 October 2005
"But now executives at Scientigo, a small software maker based in Charlotte, NC, say the company owns two U.S. patents (No. 5,842,213 and No. 6,393,426), that cover one of the fundamental concepts behind XML: the idea of packaging data in a self-defining format that allows it to be correctly displayed wherever it travels.
Scientigo CEO Doyal Bryant says the company plans to capitalize on the patents either by reaching licensing agreements with big corporate users of XML or by selling them to another company."
Tuesday, October 25, 2005
Copyright events at MCN
Copyright events at MCN
by AMALYAH KESHET
publication date: 25 October 2005
The Museum Computer Network's Intellectual Property SIG is pleased to sponsor two sessions at the organization's annual conference, MCN 2005, in Boston, November 3-5, 2005. More information on the conference can be found at: http://www.mcn.edu/Mcn2005/mcn2005index.htm
"From Hip Hop to Oil on Canvas: Sampling, Art & Copyright"
The concept of sampling is integral to contemporary music, and a hot topic in terms of intellectual property. But the idea of licensing art and photography under a sampling license has yet to be explored. Does the painter in us tune into terms like "remix" and "mash?" Does looking at the latest Creative Commons project, ccmixter.org, intrigue the art historian in us with the idea of establishing a "family tree" of re-mixed samples during the creation of a new, collaborative, work of art? Can digital image files be remixed under similar technology and licensing terms? Join our panelists in hashing out current opinions on the state of the art of sampling, its importance in visual culture, and how copyright law fits in - or doesn't.
Panelists: Henry Jenkins, Director, Comparative Media Studies Program and Co-Director, Media in Transition, MIT, and Tyler Ochoa of the High Tech Law Institute at Santa Clara University School of Law. Moderator: Amalyah Keshet
"Contract and Copyright: Whatever Happened to Fair Use?"
Is contract law supplanting copyright law when the latter provides "too much" latitude for fair use? Licenses controlling the use of copyrighted works govern whether and how we can access materials important for education, research, and creativity. Contracts that supersede user rights protected under copyright law threaten not only fair use but raise other social policy issues. This roundtable discussion will explore the limits of licensing and contracts. Participants will have 10 minutes to speak about their particular concerns, then will be asked to address a series of museum-based hypothetical scenarios presented by the Session Chair. This discussion will be followed by audience questions.
Panelists: Wendy Gordon, Boston University School of Law, Christine Sundt, University of Oregon, and Maureen A. OÃRourke, Boston University School of Law. Moderator: Diane Zorich.
We look forward to some very lively discussion during these sessions, with your participation.
Amalyah Keshet
Head of Image Resources & Copyright Management
The Israel Museum, Jerusalem
Chair, MCN Intellectual Property SIG
by AMALYAH KESHET
publication date: 25 October 2005
The Museum Computer Network's Intellectual Property SIG is pleased to sponsor two sessions at the organization's annual conference, MCN 2005, in Boston, November 3-5, 2005. More information on the conference can be found at: http://www.mcn.edu/Mcn2005/mcn2005index.htm
"From Hip Hop to Oil on Canvas: Sampling, Art & Copyright"
The concept of sampling is integral to contemporary music, and a hot topic in terms of intellectual property. But the idea of licensing art and photography under a sampling license has yet to be explored. Does the painter in us tune into terms like "remix" and "mash?" Does looking at the latest Creative Commons project, ccmixter.org, intrigue the art historian in us with the idea of establishing a "family tree" of re-mixed samples during the creation of a new, collaborative, work of art? Can digital image files be remixed under similar technology and licensing terms? Join our panelists in hashing out current opinions on the state of the art of sampling, its importance in visual culture, and how copyright law fits in - or doesn't.
Panelists: Henry Jenkins, Director, Comparative Media Studies Program and Co-Director, Media in Transition, MIT, and Tyler Ochoa of the High Tech Law Institute at Santa Clara University School of Law. Moderator: Amalyah Keshet
"Contract and Copyright: Whatever Happened to Fair Use?"
Is contract law supplanting copyright law when the latter provides "too much" latitude for fair use? Licenses controlling the use of copyrighted works govern whether and how we can access materials important for education, research, and creativity. Contracts that supersede user rights protected under copyright law threaten not only fair use but raise other social policy issues. This roundtable discussion will explore the limits of licensing and contracts. Participants will have 10 minutes to speak about their particular concerns, then will be asked to address a series of museum-based hypothetical scenarios presented by the Session Chair. This discussion will be followed by audience questions.
Panelists: Wendy Gordon, Boston University School of Law, Christine Sundt, University of Oregon, and Maureen A. OÃRourke, Boston University School of Law. Moderator: Diane Zorich.
We look forward to some very lively discussion during these sessions, with your participation.
Amalyah Keshet
Head of Image Resources & Copyright Management
The Israel Museum, Jerusalem
Chair, MCN Intellectual Property SIG
Between What's Right and What's Easy
Between What's Right and What's Easy
by TARLETON GILLESPIE
Inside Higher Ed, publication date: 21 October 2005
"Automating the clearance process undoes the possibility of utilizing, and more importantly challenging, this slow disintegration of fair use. Even if the Blackboard mechanism allows instructors simply not to send their information to CCC for clearance (and it is unclear if it is, or eventually could become, a compulsory mechanism), the simple fact that clearance is becoming a technical default means that more and more instructors will default to it rather than invoking fair use."
by TARLETON GILLESPIE
Inside Higher Ed, publication date: 21 October 2005
"Automating the clearance process undoes the possibility of utilizing, and more importantly challenging, this slow disintegration of fair use. Even if the Blackboard mechanism allows instructors simply not to send their information to CCC for clearance (and it is unclear if it is, or eventually could become, a compulsory mechanism), the simple fact that clearance is becoming a technical default means that more and more instructors will default to it rather than invoking fair use."
Monday, October 24, 2005
Google's battle over library books
Google's battle over library books
by ELINOR MILLS
CNet News.com, publication date: 24 October 2005
"However, David Drummond, Google's general counsel, argued that Google's plans fall under the "fair use" provisions of U.S. copyright law, which do not require getting authorization from copyright holders in certain circumstances.
Last month, the Authors Guild, filed suit against Google, and this week the Association of American Publishers sued on behalf of McGraw-Hill, Simon & Schuster, John Wiley & Sons, Pearson Education and the Penguin Group"
by ELINOR MILLS
CNet News.com, publication date: 24 October 2005
"However, David Drummond, Google's general counsel, argued that Google's plans fall under the "fair use" provisions of U.S. copyright law, which do not require getting authorization from copyright holders in certain circumstances.
Last month, the Authors Guild, filed suit against Google, and this week the Association of American Publishers sued on behalf of McGraw-Hill, Simon & Schuster, John Wiley & Sons, Pearson Education and the Penguin Group"
Friday, October 21, 2005
What Are Affirmative Defenses?
What Are Affirmative Defenses?
by WILLIAM PATRY
The Patry Copyright Blog, publication date: 12 October 2005
"In Harper & Row v. Nation Enterprises, the Supreme Court held (at my urging) that fair use is an affirmative defense. It has to be pled by defendant, who has the burden of proving it."
by WILLIAM PATRY
The Patry Copyright Blog, publication date: 12 October 2005
"In Harper & Row v. Nation Enterprises, the Supreme Court held (at my urging) that fair use is an affirmative defense. It has to be pled by defendant, who has the burden of proving it."
Tuesday, October 18, 2005
Copyright for the digital age
Copyright for the digital age
by BILL THOMPSON
BBC News, publication date: 17 October 2005
"The [Adelphi] charter continues that tradition, trying to make sense of a body of intellectual property law that is increasingly seen as unsupportable and damaging both to the development of the new economy and to the creative freedom that new technologies should make possible."
by BILL THOMPSON
BBC News, publication date: 17 October 2005
"The [Adelphi] charter continues that tradition, trying to make sense of a body of intellectual property law that is increasingly seen as unsupportable and damaging both to the development of the new economy and to the creative freedom that new technologies should make possible."
Who Did the Trade Minister Consult About Copyright?
Who Did the Trade Minister Consult About Copyright?
by RAMPHOLO MOLEFHE [Botswana]
allAfrica.com, publication date: 17 October 2005
"Secondly, there is the matter of principle. Government is busy with the
business of privatisation and it has framed what is now popularly known as
the 'privatisation master plan'.
The government now forms a copyright company that it wants to run at the
same time as it wants to give the impression that it is serious about
privatisation. What exactly does the government want to do?"
by RAMPHOLO MOLEFHE [Botswana]
allAfrica.com, publication date: 17 October 2005
"Secondly, there is the matter of principle. Government is busy with the
business of privatisation and it has framed what is now popularly known as
the 'privatisation master plan'.
The government now forms a copyright company that it wants to run at the
same time as it wants to give the impression that it is serious about
privatisation. What exactly does the government want to do?"
Judge laments lack of central copyright register
Judge laments lack of central copyright register
by NICK GENTLE
AsiaMedia, publication date: 16 October 2005
"It has been alleged that Cheung, chief shareholder in Topwide, signed a deal with a Thai company to produce VCDs in Hong Kong for distribution across Thailand. He had been given documents written in Thai purporting to be licensing agreements for reproducing those works in Hong Kong.
But unbeknownst to him, according to his defence counsel, the alleged licensing agreements were no good outside Thailand."
by NICK GENTLE
AsiaMedia, publication date: 16 October 2005
"It has been alleged that Cheung, chief shareholder in Topwide, signed a deal with a Thai company to produce VCDs in Hong Kong for distribution across Thailand. He had been given documents written in Thai purporting to be licensing agreements for reproducing those works in Hong Kong.
But unbeknownst to him, according to his defence counsel, the alleged licensing agreements were no good outside Thailand."
Copyright activists let off steam in London
Copyright activists let off steam in London
by INGRID MARSON
ZDNet UK, publication date: 17 October 2005
"A number of other copyright activists spoke at the event, including Salim Fadhley, an open source developer for the Plone CMS and Zope application server projects. He said that recent developments in the entertainment
industry confound the music industry's view that copyright promotes
creativity."
by INGRID MARSON
ZDNet UK, publication date: 17 October 2005
"A number of other copyright activists spoke at the event, including Salim Fadhley, an open source developer for the Plone CMS and Zope application server projects. He said that recent developments in the entertainment
industry confound the music industry's view that copyright promotes
creativity."
Friday, October 14, 2005
The big picture behind Google, Microsoft, Yahoo, AOL, Real, and Sun deal-o-mania
The big picture behind Google, Microsoft, Yahoo, AOL, Real, and Sun deal-o-mania
by DAVID BERLIND
Between the Lines, publication date: 13 October 2005
"Meanwhile Microsoft has a competing technology for music, but it's not doing nearly as well as Apple's. At least not yet. It's busy licensing it's playback and DRM technologies to as many licensees as it can to create the same sort of feeding frenzy around its PlaysForSure ecosystem has it did with system vendors for the Windows ecosystem (much to the chagrin of Apple). It's even giving away its DRM technology until the end of the year just to stimulate interest. By the time 2009 rolls around, when analysts think MP3-player demand will spike, I suspect the balance of power in the audio market will have shifted substantially towards the direction of the Microsoft PlaysForSure ecoysystem."
via Dan Gillmor
by DAVID BERLIND
Between the Lines, publication date: 13 October 2005
"Meanwhile Microsoft has a competing technology for music, but it's not doing nearly as well as Apple's. At least not yet. It's busy licensing it's playback and DRM technologies to as many licensees as it can to create the same sort of feeding frenzy around its PlaysForSure ecosystem has it did with system vendors for the Windows ecosystem (much to the chagrin of Apple). It's even giving away its DRM technology until the end of the year just to stimulate interest. By the time 2009 rolls around, when analysts think MP3-player demand will spike, I suspect the balance of power in the audio market will have shifted substantially towards the direction of the Microsoft PlaysForSure ecoysystem."
via Dan Gillmor
Europeans paying twice over for music downloads
Europeans paying twice over for music downloads
by SIMON AUGHTON
PC Pro, publication date: 14 October 2005
"The Business Software Alliance has found that most Europeans are paying 'private copying' levies on digital equipment. The monies collected are going to record companies and other copyright holders as compensation for supposed lost income as a result of copying."
by SIMON AUGHTON
PC Pro, publication date: 14 October 2005
"The Business Software Alliance has found that most Europeans are paying 'private copying' levies on digital equipment. The monies collected are going to record companies and other copyright holders as compensation for supposed lost income as a result of copying."
PSU cracks down on copyright law
PSU cracks down on copyright law
The Daily Vanguard [Portland State University], publication date: 14 October 2005
"Following copyright law is not only time-consuming, it's more expensive, especially because the copyright holder sets the price. When the copy center gets a packet request, they obtain the copyright license and that fee gets factored into the price of the packet and the cost gets transferred to the student."
The Daily Vanguard [Portland State University], publication date: 14 October 2005
"Following copyright law is not only time-consuming, it's more expensive, especially because the copyright holder sets the price. When the copy center gets a packet request, they obtain the copyright license and that fee gets factored into the price of the packet and the cost gets transferred to the student."
Sneak Preview of FEPP'S Fair Use Research Project Report
Sneak Preview of FEPP'S Fair Use Research Project Report
Brennan Center for Justice, NYU School of Law, publication date: October 2005
"But the digital age, bringing with it a tilt toward increased control by owners of 'intellectual property' (or 'IP'), now poses a major challenge to fair use, and to related doctrines that protect free expression under trademark law.3 The employment of 'digital rights management' to restrict access to and copying of cultural products;"
via Siva Vaidhyanathan
Brennan Center for Justice, NYU School of Law, publication date: October 2005
"But the digital age, bringing with it a tilt toward increased control by owners of 'intellectual property' (or 'IP'), now poses a major challenge to fair use, and to related doctrines that protect free expression under trademark law.3 The employment of 'digital rights management' to restrict access to and copying of cultural products;"
via Siva Vaidhyanathan
Thursday, October 13, 2005
Time-Shifted Video for the Masses
Time-Shifted Video for the Masses
by JENNY LEVINE
ALA TechSource, publication date: 12 October 2005
"All very interesting, but it worries me all the more when all of this is sold directly to the consumer and bypasses libraries. It's times like this I re-light a candle that Audible will wake up from its coma and bridge the Digital Rights Management (DRM) gap between libraries and iPods. Right now, I believe OverDrive is the only company that lets libraries circulate copyright-protected videos, but of course Overdrive's Windows-Media-encrypted files don't work on iPods."
by JENNY LEVINE
ALA TechSource, publication date: 12 October 2005
"All very interesting, but it worries me all the more when all of this is sold directly to the consumer and bypasses libraries. It's times like this I re-light a candle that Audible will wake up from its coma and bridge the Digital Rights Management (DRM) gap between libraries and iPods. Right now, I believe OverDrive is the only company that lets libraries circulate copyright-protected videos, but of course Overdrive's Windows-Media-encrypted files don't work on iPods."
Apple's new thing? Video iPod. But more crap-o copy-blocking.
Apple's new thing? Video iPod. But more crap-o copy-blocking.
by XENI JARDIN
Boing Boing, publication date: 12 October 2005
"But if you believe that hardware manufacturers shouldn't restrict your ability to enjoy video files you've purchased and have the legal right to play, you'll be disappointed."
by XENI JARDIN
Boing Boing, publication date: 12 October 2005
"But if you believe that hardware manufacturers shouldn't restrict your ability to enjoy video files you've purchased and have the legal right to play, you'll be disappointed."
Wednesday, October 12, 2005
CCC/Blackboard Integration
CCC/Blackboard Integration
by MIKE MADISON
Madisonian.net, publication date: 11 October 2005
"If you are using a CCC-enabled Blackboard system, is there any justification for relying on fair use in connection with teaching materials? As a practical matter, I doubt it. The CCC has taken even the Steve Martin defense "I forgot" out of the equation."
[Ed. note: In my previous job I was a Reserve librarian, overseeing our then brand new Electronic Reserve Service. When the CCC started offering permissions clearance for e-reserves, they introduced a $5 per request fee, regardless of whether or not the publisher actually agreed to grant them. They are also responsible for introducing a per-student charge into the permissions equation, and the result has been an enormous increase in the amount of money charged by publishers. Digital should not be an excuse to gouge the customer but libraries are so fearful on the copyright issue that they are paying. Here's hoping more universities just say no to the CCC.]
by MIKE MADISON
Madisonian.net, publication date: 11 October 2005
"If you are using a CCC-enabled Blackboard system, is there any justification for relying on fair use in connection with teaching materials? As a practical matter, I doubt it. The CCC has taken even the Steve Martin defense "I forgot" out of the equation."
[Ed. note: In my previous job I was a Reserve librarian, overseeing our then brand new Electronic Reserve Service. When the CCC started offering permissions clearance for e-reserves, they introduced a $5 per request fee, regardless of whether or not the publisher actually agreed to grant them. They are also responsible for introducing a per-student charge into the permissions equation, and the result has been an enormous increase in the amount of money charged by publishers. Digital should not be an excuse to gouge the customer but libraries are so fearful on the copyright issue that they are paying. Here's hoping more universities just say no to the CCC.]
Tuesday, October 11, 2005
Stopping the Signal: Broadcast Flag Update #2
Stopping the Signal: Broadcast Flag Update #2
by DONNA WENTWORTH
Copyfight, publication date: 10 October 2005
"In other words, if government-mandated DRM + the DMCA remove your rights, Congressman Barton wants a way for you to take them back. Which Patrick Ross tells us is bad because it infringes upon...the freedom of corporations to impose a unilateral 'contract.'"
by DONNA WENTWORTH
Copyfight, publication date: 10 October 2005
"In other words, if government-mandated DRM + the DMCA remove your rights, Congressman Barton wants a way for you to take them back. Which Patrick Ross tells us is bad because it infringes upon...the freedom of corporations to impose a unilateral 'contract.'"
RIAA Sues Three Harvard Network Users for Music Copyright Infringement in New Round of Law Suits
RIAA Sues Three Harvard Network Users for Music Copyright Infringement in New Round of Law Suits
by MATTHEW S. LEBOWITZ
The Harvard Crimson, publication date: 11 October 2005
"The lawsuits accuse all of the university-network defendants of using i2hub--a software program that allows users to upload and download files over the intercollegiate network Internet--to illegally share copyrighted music.
"
Of Piracy, Motherboards, and Microsoft
Of Piracy, Motherboards, and Microsoft
by ED FOSTER
The Gripelog, publication date: 11 October 2005
"In other words, the reader's customer -- who has done nothing wrong other than have a motherboard fail on him -- has the choice of paying ransom to E-Machines or to Microsoft to have a functioning OS again. Which led the reader to wonder just what would constitute piracy in such a situation."
by ED FOSTER
The Gripelog, publication date: 11 October 2005
"In other words, the reader's customer -- who has done nothing wrong other than have a motherboard fail on him -- has the choice of paying ransom to E-Machines or to Microsoft to have a functioning OS again. Which led the reader to wonder just what would constitute piracy in such a situation."
Monday, October 10, 2005
We've Not Seen the Last of The Copyright Class Action
We've Not Seen the Last of The Copyright Class Action
by CAROLE EBBINGHOUSE
Information Today, publication date: 10 October 2005
Quoting Edward Hasbrouck:
"On the eve of the court hearing scheduled for this coming Tuesday to decide whether to approve a proposed settlement giving the New York Times and its co-defendant copyright infringers future rights in perpetuity to sell, license, and sublicense the electronic rights to freelance articles that they've been stealing for years, the Times this past Monday began charging new fees (a US$50 monthly subscription fee and/or a per-article fee, none of which goes to the authors) for online access to articles (including those to which the Times has never paid for, nor acquired, the electronic rights).
The Times has been gearing up for this for months. So it's odd that they launched the new subscription fee and services now, rather than waiting a week for the settlement granting them rights to be approved. But their greed is, apparently, impatient."
by CAROLE EBBINGHOUSE
Information Today, publication date: 10 October 2005
Quoting Edward Hasbrouck:
"On the eve of the court hearing scheduled for this coming Tuesday to decide whether to approve a proposed settlement giving the New York Times and its co-defendant copyright infringers future rights in perpetuity to sell, license, and sublicense the electronic rights to freelance articles that they've been stealing for years, the Times this past Monday began charging new fees (a US$50 monthly subscription fee and/or a per-article fee, none of which goes to the authors) for online access to articles (including those to which the Times has never paid for, nor acquired, the electronic rights).
The Times has been gearing up for this for months. So it's odd that they launched the new subscription fee and services now, rather than waiting a week for the settlement granting them rights to be approved. But their greed is, apparently, impatient."
Friday, October 07, 2005
Copying is Still the Sincerest Form of Flattery
Copying is Still the Sincerest Form of Flattery
by JOHN MAEDA
Simplicity, publication date: 06 October 2005
"Lexi was reeling from an interview from the previous evening where someone asked her how she felt about her movie being available to download for free off the Internet. First of all, she was surprised that it had happened to her movie. Second of all, she wasn't happy. Uh uh."
by JOHN MAEDA
Simplicity, publication date: 06 October 2005
"Lexi was reeling from an interview from the previous evening where someone asked her how she felt about her movie being available to download for free off the Internet. First of all, she was surprised that it had happened to her movie. Second of all, she wasn't happy. Uh uh."
Any DVDs, Games You Want Cracked?
Any DVDs, Games You Want Cracked?
by HOLLY J. WAGNER
Wired News, publication date: 07 October 2005
"The DMCA forbids cracking of copy-protected or encrypted digital media, with certain exceptions. When the law was passed, Congress mandated the register of copyrights revisit the anti-circumvention section every three years to make sure consumers have proper access to materials they purchased -- even if content creators have them locked down.
If the copyright office finds instances where copy protection prevents fair use of the work, then those copy protections can be legally circumvented.
'I suspect that we will hear shortly from people who feel they have not been able to use copyrighted materials because of the DMCA,' said Ralph Oman, an intellectual property attorney and former register of copyrights."
by HOLLY J. WAGNER
Wired News, publication date: 07 October 2005
"The DMCA forbids cracking of copy-protected or encrypted digital media, with certain exceptions. When the law was passed, Congress mandated the register of copyrights revisit the anti-circumvention section every three years to make sure consumers have proper access to materials they purchased -- even if content creators have them locked down.
If the copyright office finds instances where copy protection prevents fair use of the work, then those copy protections can be legally circumvented.
'I suspect that we will hear shortly from people who feel they have not been able to use copyrighted materials because of the DMCA,' said Ralph Oman, an intellectual property attorney and former register of copyrights."
iTunes for video? Don't hold your breath
iTunes for video? Don't hold your breath
by ALORIE GILBERT
CNET News.com, publication date: 06 October 2005
"Not surprisingly, the panelists expressed little sympathy for the music industry and its plight with illegal file sharing. Mark Cuban, owner of the Dallas Mavericks and a high-definition TV venture, said lawsuits against consumers are mainly a way for the recording industry to distract people from the fact that their business is in decline. 'They need a boogeyman,' he said.
Fellow panelist Michael Powell, former chairman of the Federal Communications Commission, put it another way: 'Hiring lawyers is easier than innovating.'"
by ALORIE GILBERT
CNET News.com, publication date: 06 October 2005
"Not surprisingly, the panelists expressed little sympathy for the music industry and its plight with illegal file sharing. Mark Cuban, owner of the Dallas Mavericks and a high-definition TV venture, said lawsuits against consumers are mainly a way for the recording industry to distract people from the fact that their business is in decline. 'They need a boogeyman,' he said.
Fellow panelist Michael Powell, former chairman of the Federal Communications Commission, put it another way: 'Hiring lawyers is easier than innovating.'"
Wednesday, October 05, 2005
It's a case of who owns the words
It's a case of who owns the words
by Alex Beam
Boston Globe, publication date: 04 October 2005
"...The New Yorker can publish the DVDs because of a Second Circuit Court of Appeals decision in March involving National Geographic, which put out a digital version of the ''Complete National Geographic" in 1997. ''They were sued," Klaris says, ''and the Second Circuit held that an image-based compilation in context, like theirs, was protected" by the Copyright Act. ''As long as you maintain the integrity of your collected work, you can publish it in any medium. We have a copyright on that package."
But this situation looks very different over at the National Geographic Society, which had to take CNG off the shelves two years ago and has not put it back on sale since."
via FurdLog
by Alex Beam
Boston Globe, publication date: 04 October 2005
"...The New Yorker can publish the DVDs because of a Second Circuit Court of Appeals decision in March involving National Geographic, which put out a digital version of the ''Complete National Geographic" in 1997. ''They were sued," Klaris says, ''and the Second Circuit held that an image-based compilation in context, like theirs, was protected" by the Copyright Act. ''As long as you maintain the integrity of your collected work, you can publish it in any medium. We have a copyright on that package."
But this situation looks very different over at the National Geographic Society, which had to take CNG off the shelves two years ago and has not put it back on sale since."
via FurdLog
RIAA Takes Shotgun to Traders
RIAA Takes Shotgun to Traders
by BRUCE GAIN
Wired News, publication date: 04 October 2005
"The RIAA began its litigation campaign in September 2003, resulting in more than 14,000 lawsuits. So far, more than 3,300 parties have settled, which the RIAA says proves the overwhelming majority of those summoned are guilty of stealing copyright files.
But attorneys representing many of the accused say that's not true. Estimates of how many people are being wrongly targeted for illegal file sharing vary, from hundreds to many more."
by BRUCE GAIN
Wired News, publication date: 04 October 2005
"The RIAA began its litigation campaign in September 2003, resulting in more than 14,000 lawsuits. So far, more than 3,300 parties have settled, which the RIAA says proves the overwhelming majority of those summoned are guilty of stealing copyright files.
But attorneys representing many of the accused say that's not true. Estimates of how many people are being wrongly targeted for illegal file sharing vary, from hundreds to many more."
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
Copyright Office, Library of Congress
Federal Register, publication date: 03 October 2005"The Copyright Office of the Library of Congress is preparing to conduct proceedings in accordance with section 1201(a)(1) of the Copyright Act, which was added by the Digital Millennium Copyright Act and which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works."
Copyright Office, Library of Congress
Federal Register, publication date: 03 October 2005"The Copyright Office of the Library of Congress is preparing to conduct proceedings in accordance with section 1201(a)(1) of the Copyright Act, which was added by the Digital Millennium Copyright Act and which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works."
Monday, October 03, 2005
WIPO Negotiators Agree On Way Forward For Broadcasting Treaty
WIPO Negotiators Agree On Way Forward For Broadcasting Treaty
Intellectual Property Watch, publication date: 03 October 2005
"The proposal for a diplomatic conference had significant support from developed and developing countries alike, but some countries had resisted pre-approving the negotiation until they could ensure what the text to be negotiated look like. There are a number of concerns about the substance of the treaty, including whether it will ultimately cover webcasting despite objection by most member states."
Intellectual Property Watch, publication date: 03 October 2005
"The proposal for a diplomatic conference had significant support from developed and developing countries alike, but some countries had resisted pre-approving the negotiation until they could ensure what the text to be negotiated look like. There are a number of concerns about the substance of the treaty, including whether it will ultimately cover webcasting despite objection by most member states."
Politicians want to raise broadcast flag
Politicians want to raise broadcast flag
by DECLAN MCCULLAGH
CNET News.com, publication date: 30 September 2005
"No legislation has advanced in either the House or the Senate, but opponents of the broadcast flag have been warning that the proposal could be attached to spending bills. The bill funding the Federal Communications Commission through 2006, for instance, is still before a conference committee."
by DECLAN MCCULLAGH
CNET News.com, publication date: 30 September 2005
"No legislation has advanced in either the House or the Senate, but opponents of the broadcast flag have been warning that the proposal could be attached to spending bills. The bill funding the Federal Communications Commission through 2006, for instance, is still before a conference committee."
Yahoo backs new digital book group
Yahoo backs new digital book group
by ERIC AUCHARD
Reuters, publication date: 03 October 2005
"The organization, known as the Open Content Alliance (OCA), plans to create a unified storehouse of both public domain and copyrighted materials, hosted by the Internet Archive"
by ERIC AUCHARD
Reuters, publication date: 03 October 2005
"The organization, known as the Open Content Alliance (OCA), plans to create a unified storehouse of both public domain and copyrighted materials, hosted by the Internet Archive"
Yahoo Works With 2 Academic Libraries and Other Archives on Project to Digitize Collections
Yahoo Works With 2 Academic Libraries and Other Archives on Project to Digitize Collections
by SCOTT CARLSON and JEFFREY R. YOUNG
The Chronicle of Higher Education, publication date: 03 October 2005
"Leaders of the project stressed that no books that are under copyright will be scanned unless the copyright holders give explicit permission."
by SCOTT CARLSON and JEFFREY R. YOUNG
The Chronicle of Higher Education, publication date: 03 October 2005
"Leaders of the project stressed that no books that are under copyright will be scanned unless the copyright holders give explicit permission."
By Tearing Open That Cardboard Box, Are You Also Signing on the Dotted Line?
By Tearing Open That Cardboard Box, Are You Also Signing on the Dotted Line?warning: subscription required
by J.D. BIERSDORFER
The New York Times, publication date: 03 October 2005
"A recent decision in the Ninth Circuit Court of Appeals reinforced the right of companies, in this case Lexmark International, the printer maker, to legally limit what customers can do with a patented product, given that the company spells out conditions and restrictions on a package label known as a box-top license."
by J.D. BIERSDORFER
The New York Times, publication date: 03 October 2005
"A recent decision in the Ninth Circuit Court of Appeals reinforced the right of companies, in this case Lexmark International, the printer maker, to legally limit what customers can do with a patented product, given that the company spells out conditions and restrictions on a package label known as a box-top license."
Saturday, October 01, 2005
when media becomes culture: rethinking copyright issues
when media becomes culture: rethinking copyright issues
by DANAH BOYD
Apophenia, publication date: 29 September 2005
[listening to Danah speak now at LITA National Forum 2005]
"But with media saturating our culture, how do we express ourselves devoid of references to copyrighted material? Why can't a kid wear a hand-made iPod costume for Halloween? Why can't i tell my story through the songs that i've listened to over the years? Media is the building block of storytelling and it has become so essential to what we do"
by DANAH BOYD
Apophenia, publication date: 29 September 2005
[listening to Danah speak now at LITA National Forum 2005]
"But with media saturating our culture, how do we express ourselves devoid of references to copyrighted material? Why can't a kid wear a hand-made iPod costume for Halloween? Why can't i tell my story through the songs that i've listened to over the years? Media is the building block of storytelling and it has become so essential to what we do"
Wednesday, September 28, 2005
Search and Rescue
Search and Rescue
by TIM O'REILLY
The New York Times, publication date: 28 September 2005
"As both an author and publisher, I find the Guild's position to be exactly backward. Google Library promises to be a boon to authors, publishers and readers if Google sticks to its stated goal of creating a tool that helps people discover (and potentially pay for) copyrighted works."
by TIM O'REILLY
The New York Times, publication date: 28 September 2005
"As both an author and publisher, I find the Guild's position to be exactly backward. Google Library promises to be a boon to authors, publishers and readers if Google sticks to its stated goal of creating a tool that helps people discover (and potentially pay for) copyrighted works."
You Are the MPAA: A Broadcast Flag Update
You Are the MPAA: A Broadcast Flag Update
by DANNY O'BRIEN
EFF, publication date: 26 September 2005
"Listen. Suppose our sympatico politicos carve out a bunch of Digital TV provisions that, in fact, do have something to do with government finance? Suppose they stick those provisions in the Senate Commerce Committee's reconciliations bill (due October 26th), where they're practically untouchable?
But some key clauses on which these provisions depend will be omitted.
Consequently, it will it be vitally important that Congress passes another Digital TV bill to fill the gaps.
That Digital TV bill will contain -- oh, look at that! -- the Broadcast Flag language. Oh, and the RIAA's Digital Radio Broadcast Flag, too, just for the sake of completeness."
by DANNY O'BRIEN
EFF, publication date: 26 September 2005
"Listen. Suppose our sympatico politicos carve out a bunch of Digital TV provisions that, in fact, do have something to do with government finance? Suppose they stick those provisions in the Senate Commerce Committee's reconciliations bill (due October 26th), where they're practically untouchable?
But some key clauses on which these provisions depend will be omitted.
Consequently, it will it be vitally important that Congress passes another Digital TV bill to fill the gaps.
That Digital TV bill will contain -- oh, look at that! -- the Broadcast Flag language. Oh, and the RIAA's Digital Radio Broadcast Flag, too, just for the sake of completeness."
Tuesday, September 27, 2005
More rights are wrong for webcasters
More rights are wrong for webcasters
by JAMES BOYLE
Financial Times, publication date: 26 September 2005
"The World Intellectual Property Organisation has now managed to combine all three lamentable tendencies at once. The Broadcasting and Webcasting Treaty, currently being debated in Geneva, is an IP hat trick."
by JAMES BOYLE
Financial Times, publication date: 26 September 2005
"The World Intellectual Property Organisation has now managed to combine all three lamentable tendencies at once. The Broadcasting and Webcasting Treaty, currently being debated in Geneva, is an IP hat trick."
Top 10 worst products
Top 10 worst products
by TOM MERRITT
CNet, publication date: September 2005
"8. Flexplay
This is an idea whose time seems to keep coming up over and over again: self-destructive DVDs. Flexplay is still at it in Japan and hoping the idea will catch fire."
by TOM MERRITT
CNet, publication date: September 2005
"8. Flexplay
This is an idea whose time seems to keep coming up over and over again: self-destructive DVDs. Flexplay is still at it in Japan and hoping the idea will catch fire."
Monday, September 26, 2005
One IP Right to Rule Them All
One IP Right to Rule Them All
by DONNA WENTWORTH
Copyfight, publication date: 19 September 2005
"Copyright may be the 800-pound gorilla of the Internet, but there's a brand-new pseudo copyright in the works capable of swallowing massive chunks of the public domain, bones and all."
by DONNA WENTWORTH
Copyfight, publication date: 19 September 2005
"Copyright may be the 800-pound gorilla of the Internet, but there's a brand-new pseudo copyright in the works capable of swallowing massive chunks of the public domain, bones and all."
Movie Studios Form DRM Lab
Movie Studios Form DRM Lab
by ED FELTEN
Freedom to Tinker, publication date: 20 September 2005
"The only sensible explanation for this move is that Hollywood really believes that there are easily-discovered anti-copying technologies that the technology industry has failed to find.
So Hollywood is still in denial about digital copying."
by ED FELTEN
Freedom to Tinker, publication date: 20 September 2005
"The only sensible explanation for this move is that Hollywood really believes that there are easily-discovered anti-copying technologies that the technology industry has failed to find.
So Hollywood is still in denial about digital copying."
Thursday, September 22, 2005
Google Can Cover Potential Costs Of Copyright Lawsuit
Google Can Cover Potential Costs Of Copyright Lawsuit
by PETER KANG
Forbes, publication date: 22 September 2005
"'While we think the news is cause for concern, we believe that Google possesses more than adequate financial strength to cover potential legal costs,' said S&P Equity Research."
by PETER KANG
Forbes, publication date: 22 September 2005
"'While we think the news is cause for concern, we believe that Google possesses more than adequate financial strength to cover potential legal costs,' said S&P Equity Research."
Wednesday, September 07, 2005
Court orders copyright filter on Kazaa
Court orders copyright filter on Kazaa
by DAVID FICKLING
Guardian Unlimited [UK], publication date: 06 September 2005
"Internet file-swapping was dealt a fresh blow yesterday after the Australian federal court ordered the world's largest file-sharing service to filter out copyrighted material from its network."
by DAVID FICKLING
Guardian Unlimited [UK], publication date: 06 September 2005
"Internet file-swapping was dealt a fresh blow yesterday after the Australian federal court ordered the world's largest file-sharing service to filter out copyrighted material from its network."
Tuesday, September 06, 2005
Blizzard wins in court over reverse-engineered games
Blizzard wins in court over reverse-engineered games
by AARON McKENNA
The Inquirer, publication date: 02 September 2005
"In October of last year a court ruled that this was copyright infringement under the DMCA, and now the court of appeals has upheld the decision. As well as infringing copyright the court pointed out the End User License Agreement for the games reverse engineered which prohibits reverse engineering."
by AARON McKENNA
The Inquirer, publication date: 02 September 2005
"In October of last year a court ruled that this was copyright infringement under the DMCA, and now the court of appeals has upheld the decision. As well as infringing copyright the court pointed out the End User License Agreement for the games reverse engineered which prohibits reverse engineering."
Courts Unlikely To Stop Google Book Copying
Courts Unlikely To Stop Google Book Copying
by CHRISTOPHER T. HEUN
Internet Week, publication date: 02 September 2005
“The principle that Google should have to ask [for permission] is proving untenable,” says Jessica Litman, a professor at Wayne State University Law School who has published a book on protecting intellectual property on the Internet, “Digital Copyright.” “The opt-out mechanism is pretty reasonable.”
by CHRISTOPHER T. HEUN
Internet Week, publication date: 02 September 2005
“The principle that Google should have to ask [for permission] is proving untenable,” says Jessica Litman, a professor at Wayne State University Law School who has published a book on protecting intellectual property on the Internet, “Digital Copyright.” “The opt-out mechanism is pretty reasonable.”
Thursday, August 25, 2005
The benefits of mutual distrust
The benefits of mutual distrust
by DAVID SOHN
CNet News.com, publication date: 25 August 2005
"The court threaded the needle by saying the song-swapping services could be liable if they actively encouraged their users to violate copyright laws--but not simply for making the technology. In effect, the court sent the message that the law should be used to punish bad behavior, not to single out technology."
by DAVID SOHN
CNet News.com, publication date: 25 August 2005
"The court threaded the needle by saying the song-swapping services could be liable if they actively encouraged their users to violate copyright laws--but not simply for making the technology. In effect, the court sent the message that the law should be used to punish bad behavior, not to single out technology."
Europe vs. Google
Europe vs. Google
by HILMAR SCHMUNDT
Salon, publication date: 25 August 2005
"The work in the University of Göttingen library's digitization center is moving along at a steady clip. The project's nine full-time employees have already digitized more than 4 million pages from periodicals and thousands of volumes of books and transferred the data to the center's server, from which it can be downloaded in a matter of seconds through any computer connected to the system.
But while it may at first sound like a lot, library director Elmar Mittler is far from satisfied. 'It's enough to drive you to despair,' he says, speaking so quietly that one has to lean forward to understand him. But then he slaps his hand against the table and adds: 'It's hard to believe how Germany has wasted its opportunities with digitization. Others are moving ahead, while we write reports.'"
by HILMAR SCHMUNDT
Salon, publication date: 25 August 2005
"The work in the University of Göttingen library's digitization center is moving along at a steady clip. The project's nine full-time employees have already digitized more than 4 million pages from periodicals and thousands of volumes of books and transferred the data to the center's server, from which it can be downloaded in a matter of seconds through any computer connected to the system.
But while it may at first sound like a lot, library director Elmar Mittler is far from satisfied. 'It's enough to drive you to despair,' he says, speaking so quietly that one has to lean forward to understand him. But then he slaps his hand against the table and adds: 'It's hard to believe how Germany has wasted its opportunities with digitization. Others are moving ahead, while we write reports.'"
W3C objects to U.S. Copyright Office's browser plan
W3C objects to U.S. Copyright Office's browser plan
by LINDA ROSENCRANCE and PAUL KRILL
ComputerWorld, publication date: 24 August 2005
"'From a practical perspective, the single-vendor restriction will deny preregistration benefits entirely to broad classes of creators of covered copyrighted works,' the W3C officials said.
The W3C also stressed that the Web 'was born and achieved widespread use only because of a commitment to open, vendor-neutral standards.'"
by LINDA ROSENCRANCE and PAUL KRILL
ComputerWorld, publication date: 24 August 2005
"'From a practical perspective, the single-vendor restriction will deny preregistration benefits entirely to broad classes of creators of covered copyrighted works,' the W3C officials said.
The W3C also stressed that the Web 'was born and achieved widespread use only because of a commitment to open, vendor-neutral standards.'"
Wednesday, August 24, 2005
Toshiba's Nishida Sees Sony DVD Talks At Impasse
Toshiba's Nishida Sees Sony DVD Talks At Impasse
by CHRIS NOON
Forbes, publication date: 24 August 2005
"Certainly not good for the businesses--should each decide to pursue their own disks, disk players and separate content, the costs could run to billions. As for the consumer, one analyst reckoned baffled shoppers most likely stick to 'normal' DVDs until a single format is established. "
by CHRIS NOON
Forbes, publication date: 24 August 2005
"Certainly not good for the businesses--should each decide to pursue their own disks, disk players and separate content, the costs could run to billions. As for the consumer, one analyst reckoned baffled shoppers most likely stick to 'normal' DVDs until a single format is established. "
Monday, August 22, 2005
How label-backed P2P was born
How label-backed P2P was born
by JOHN BORLAND
CNet News.com, publication date:22 August 2005
"Their relationship led to the creation of Mashboxx, a new kind of peer-to-peer company that's expected to go live in mid-September. Mashboxx is one of several avowedly law-abiding, peer-to-peer companies trying to thrive in the wake of June's landmark Supreme Court decision that found Grokster potentially liable for copyright infringement."
by JOHN BORLAND
CNet News.com, publication date:22 August 2005
"Their relationship led to the creation of Mashboxx, a new kind of peer-to-peer company that's expected to go live in mid-September. Mashboxx is one of several avowedly law-abiding, peer-to-peer companies trying to thrive in the wake of June's landmark Supreme Court decision that found Grokster potentially liable for copyright infringement."
Sun launches open-source digital rights plan
Sun launches open-source digital rights plan
by STEPHEN SHANKLAND
CNet News.com, publication date: 21 August 2005
Dream's components include software for letting different DRM systems interoperate based on credentials held by individuals, not by particular devices; server software for delivering streaming video; and Java software for managing video streams.
by STEPHEN SHANKLAND
CNet News.com, publication date: 21 August 2005
Dream's components include software for letting different DRM systems interoperate based on credentials held by individuals, not by particular devices; server software for delivering streaming video; and Java software for managing video streams.
Wednesday, August 17, 2005
Monday, August 15, 2005
Copyright reform lends itself to libraries
Copyright reform lends itself to libraries
ZDNet UK Comment, publication date: 15 August 2005
"Copyright is not an absolute right; it is a triangular deal between state, commerce and individual."
ZDNet UK Comment, publication date: 15 August 2005
"Copyright is not an absolute right; it is a triangular deal between state, commerce and individual."
Friday, August 12, 2005
Orphan Works
Orphan Workswarning: this is a direct link to a PDF file
by WALT CRAWFORD
Cites & Insights, Vol 5, No 10, September 2005
"I say “distinct” because 18 comments (if I count right) are identical to an astonishing 126-page illustrators’ screed, http://www.copyright.gov/orphan/comments/OW0660-Holland-Turner.pdf, which in its first four pages denounces Creative Commons, asserts that the whole “orphaned works” concept is part of a movement to “subvert existing copyright protection for other work,” and claims that commercial stockhouses would declare huge quantities of materials “orphan” simply to save money. "
by WALT CRAWFORD
Cites & Insights, Vol 5, No 10, September 2005
"I say “distinct” because 18 comments (if I count right) are identical to an astonishing 126-page illustrators’ screed, http://www.copyright.gov/orphan/comments/OW0660-Holland-Turner.pdf, which in its first four pages denounces Creative Commons, asserts that the whole “orphaned works” concept is part of a movement to “subvert existing copyright protection for other work,” and claims that commercial stockhouses would declare huge quantities of materials “orphan” simply to save money. "
Thursday, August 11, 2005
Britney to Rent, Lease or Buy
Britney to Rent, Lease or Buy
by DAVID POGUE
New York Times, publication date: 07 August 2005
"One intriguing alternative is the subscription plan allowing unlimited downloads that is currently offered by Napster, Yahoo and Rhapsody.
...
Unfortunately, there's enough fine print to fill a phone book. The biggest footnote is that if you ever stop paying the fee, you're left with nothing but memories; all the music self-destructs. You're not buying songs under this plan - you're just renting them. (A famous Napster ad claims that filling an iPod, at $1 a song, would cost you $10,000. But you could just as truthfully say that, under Napster's plan, listening to one favorite song for 20 years would cost you $3,600.)"
by DAVID POGUE
New York Times, publication date: 07 August 2005
"One intriguing alternative is the subscription plan allowing unlimited downloads that is currently offered by Napster, Yahoo and Rhapsody.
...
Unfortunately, there's enough fine print to fill a phone book. The biggest footnote is that if you ever stop paying the fee, you're left with nothing but memories; all the music self-destructs. You're not buying songs under this plan - you're just renting them. (A famous Napster ad claims that filling an iPod, at $1 a song, would cost you $10,000. But you could just as truthfully say that, under Napster's plan, listening to one favorite song for 20 years would cost you $3,600.)"
US Copyright Office Considering MSIE-only Service
US Copyright Office Considering MSIE-only Service
Technocrat.net posting, publication date: 09 August 2005
"The US Copyright Office is considering requiring MSIE for pre-registration to the exclusion of other browsers. It has posted a notice asking as to whether persons filing the electronic-only preregistration form will experience difficulties if it is necessary to use MSIE in order to pre-register a work. "
Technocrat.net posting, publication date: 09 August 2005
"The US Copyright Office is considering requiring MSIE for pre-registration to the exclusion of other browsers. It has posted a notice asking as to whether persons filing the electronic-only preregistration form will experience difficulties if it is necessary to use MSIE in order to pre-register a work. "
Irish pioneer pilloried for file-swap software
Irish pioneer pilloried for file-swap software
by ADRIAN RUSSELL
The Sunday Times, publication date: 07 August 2005
"AN Irish software designer has been attacked by security experts for developing a programme that will allow internet users to share files anonymously."
by ADRIAN RUSSELL
The Sunday Times, publication date: 07 August 2005
"AN Irish software designer has been attacked by security experts for developing a programme that will allow internet users to share files anonymously."
Camcording Warez Dealer Bagged by Feds
Camcording Warez Dealer Bagged by Feds
by ROY MARK
Internet News, publication date: 04 August 2005
"Curtis Salisbury, 19, of St. Charles, Mo., was charged in a five-count indictment claiming he used a camcorder in movie theaters to copy recent theatrical releases. He then uploaded the copies to a computer network for distribution"
by ROY MARK
Internet News, publication date: 04 August 2005
"Curtis Salisbury, 19, of St. Charles, Mo., was charged in a five-count indictment claiming he used a camcorder in movie theaters to copy recent theatrical releases. He then uploaded the copies to a computer network for distribution"
Monday, August 08, 2005
Don't own your textbooks, rent them!
Don't own your textbooks, rent them!
by JESSAMYN WEST
Librarian.net, publication date: 07 August 2005
'Princeton University is experimenting with textbooks that have Digital Rights Management embedded in them. They have a lot of nerve calling a textbook that expires in five months "universal". '
by JESSAMYN WEST
Librarian.net, publication date: 07 August 2005
'Princeton University is experimenting with textbooks that have Digital Rights Management embedded in them. They have a lot of nerve calling a textbook that expires in five months "universal". '
Tuesday, July 19, 2005
In Canada: Cache a page, go to jail?
In Canada: Cache a page, go to jail?
by ELINOR MILLS
CNet News, publication date: 19 July 2005
"But according to Howard Knopf, a copyright attorney at the Ottawa firm of Macera & Jarzyna, a brief passage in the bill could mean trouble for search engines and other companies that archive or cache Web content.
'The way it reads, arguably what they're saying is that the very act of making a reproduction by way of caching is illegal,' Knopf said."
by ELINOR MILLS
CNet News, publication date: 19 July 2005
"But according to Howard Knopf, a copyright attorney at the Ottawa firm of Macera & Jarzyna, a brief passage in the bill could mean trouble for search engines and other companies that archive or cache Web content.
'The way it reads, arguably what they're saying is that the very act of making a reproduction by way of caching is illegal,' Knopf said."
Thursday, July 14, 2005
Sino-US Cooperation on Film Copyright
Sino-US Cooperation on Film Copyright
CRI [China Radio International] Online, publication date: 13 July 2005"Every three months the Motion Picture Association of America will submit to the Chinese government the specific information of the films produced by its member companies, and the Chinese government will launch a special campaign against their pirating."
CRI [China Radio International] Online, publication date: 13 July 2005"Every three months the Motion Picture Association of America will submit to the Chinese government the specific information of the films produced by its member companies, and the Chinese government will launch a special campaign against their pirating."
Copyright Registration Isn’t Mandatory, So Why Register Your Claim?
Copyright Registration Isn’t Mandatory, So Why Register Your Claim?
by A. José Cortina
Local Tech Wire.com, publication date: 13 July 2005
"Federal law provides that a copyright holder cannot sue someone for copyright infringement in a U.S. court unless and until the copyright is registered. Thus, even though the work is copyrighted from the moment of creation, the copyright cannot be enforced until the owner of the work obtains registration of the copyright from the U.S. Copyright Office."
by A. José Cortina
Local Tech Wire.com, publication date: 13 July 2005
"Federal law provides that a copyright holder cannot sue someone for copyright infringement in a U.S. court unless and until the copyright is registered. Thus, even though the work is copyrighted from the moment of creation, the copyright cannot be enforced until the owner of the work obtains registration of the copyright from the U.S. Copyright Office."
Copyright: infringement proceedings against France, Finland, Spain and the Czech Republic for non-implementation of 2001 Copyright Directive
Copyright: infringement proceedings against France, Finland, Spain and the Czech Republic for non-implementation of 2001 Copyright Directive
Press Release
European Union, publication date: 13 July 2005
"The European Commission has taken action against three Member States and initiated informal contact with another to ensure that they implement the 2001 Copyright Directive, which all Member States had agreed to do before 22 December 2002. The Commission has decided, under Article 228 of the EC Treaty,
to send France and Finland further 'reasoned opinions' requesting them to comply immediately with the previous judgments of the European Court of Justice on their non-implementation of the 2001 Copyright Directive."
Press Release
European Union, publication date: 13 July 2005
"The European Commission has taken action against three Member States and initiated informal contact with another to ensure that they implement the 2001 Copyright Directive, which all Member States had agreed to do before 22 December 2002. The Commission has decided, under Article 228 of the EC Treaty,
to send France and Finland further 'reasoned opinions' requesting them to comply immediately with the previous judgments of the European Court of Justice on their non-implementation of the 2001 Copyright Directive."
Monday, July 11, 2005
Sony BMG reaches licensing deal with iMesh
Sony BMG reaches licensing deal with iMesh
Reuters
CNet News, publication date: 09 July 2005
"Other peer-to-peer services have been formed to satisfy the entertainment industry's demand to be compensated for songs like Mashboxx, headed by former Grokster President Wayne Rosso, which has also reached a licensing deal with Sony BMG."
Reuters
CNet News, publication date: 09 July 2005
"Other peer-to-peer services have been formed to satisfy the entertainment industry's demand to be compensated for songs like Mashboxx, headed by former Grokster President Wayne Rosso, which has also reached a licensing deal with Sony BMG."
Wednesday, July 06, 2005
EU to propose licencing reform for online music copyright
EU to propose licencing reform for online music copyright
AFX News Limited
Forbes, publication date: 05 July 2005
"An EU official, on condition of anonymity, said the report concludes that the system has to be improved and that cross-border copyright management firms should be set up."
AFX News Limited
Forbes, publication date: 05 July 2005
"An EU official, on condition of anonymity, said the report concludes that the system has to be improved and that cross-border copyright management firms should be set up."
Slingbox could spark new lawsuits
Slingbox could spark new lawsuits
by ANDREW WALLENSTEIN
Hollywood Reporter, publication date: 06 July 2005
"New to the shelves of Best Buy and CompUSA this month is Slingbox, a brick-sized device that enables viewers to route the live television signal coming into their homes to a portable device anywhere on the globe via broadband connection. Slingbox costs $250 and has no subsequent subscription fee; several stores sold out on the first day."
by ANDREW WALLENSTEIN
Hollywood Reporter, publication date: 06 July 2005
"New to the shelves of Best Buy and CompUSA this month is Slingbox, a brick-sized device that enables viewers to route the live television signal coming into their homes to a portable device anywhere on the globe via broadband connection. Slingbox costs $250 and has no subsequent subscription fee; several stores sold out on the first day."
SCO denied motion to change IBM case again
SCO denied motion to change IBM case again
by MATTHEW ASLETT
Computer Business Review Online, publication date: 05 July 2005
"The Lindon, Utah-based Unix vendor first sued IBM in March 2003 claiming IBM breached a contract by contributing Unix code to the Linux open source operating system. It has subsequently changed its case twice, but has been denied the chance to do so a third time.
'To permit the proposed amendment would expand this already sizable and complex litigation and would serve only to delay its resolution,' wrote US District Judge Dale Kimball in his order. 'Furthermore SCO has twice amended its complaint during this litigation, and the deadline for seeking leave to further amend has long-since passed.'"
by MATTHEW ASLETT
Computer Business Review Online, publication date: 05 July 2005
"The Lindon, Utah-based Unix vendor first sued IBM in March 2003 claiming IBM breached a contract by contributing Unix code to the Linux open source operating system. It has subsequently changed its case twice, but has been denied the chance to do so a third time.
'To permit the proposed amendment would expand this already sizable and complex litigation and would serve only to delay its resolution,' wrote US District Judge Dale Kimball in his order. 'Furthermore SCO has twice amended its complaint during this litigation, and the deadline for seeking leave to further amend has long-since passed.'"
Man convicted for chipping Xbox
Man convicted for chipping Xbox
BBC News, publication date: 04 July 2005
"In this case, the man was tracked down by an investigator working for the UK games industry trade body, the Entertainment & Leisure Software Publishers Association, (Elspa).
The man, who has not yet been named, was selling modified Xbox consoles, fitted with a 200GB hard drive and 80 pre-installed games, via his website for £380."
BBC News, publication date: 04 July 2005
"In this case, the man was tracked down by an investigator working for the UK games industry trade body, the Entertainment & Leisure Software Publishers Association, (Elspa).
The man, who has not yet been named, was selling modified Xbox consoles, fitted with a 200GB hard drive and 80 pre-installed games, via his website for £380."
Patently absurd
Patently absurd
by RICHARD STALLMAN
SMH.com.au (Sydney Morning Herald), publication date: 05 July 2005
"This month, the European Parliament will vote on the vital
question of whether to allow patents covering software, which would
restrict every computer user and tie software developers up in
knots."
by RICHARD STALLMAN
SMH.com.au (Sydney Morning Herald), publication date: 05 July 2005
"This month, the European Parliament will vote on the vital
question of whether to allow patents covering software, which would
restrict every computer user and tie software developers up in
knots."
Google & Other Search Engines: The WMDs Of Copyright Infringement
Google & Other Search Engines: The WMDs Of Copyright Infringement
by DANNY SULLIVAN
Search Engine Watch, publication date: 05 July 2005
"Google Video's taping of television content without prior permission is said to have had executives at CBS and Warner Bros. extremely upset. 'We're not just going to give
this away for free,' said a CBS exec, upset also not to have gained the 'proper respect' as a potential partner. "
by DANNY SULLIVAN
Search Engine Watch, publication date: 05 July 2005
"Google Video's taping of television content without prior permission is said to have had executives at CBS and Warner Bros. extremely upset. 'We're not just going to give
this away for free,' said a CBS exec, upset also not to have gained the 'proper respect' as a potential partner. "
Friday, July 01, 2005
Copyright literature current awareness
A great new copyright site from Tobe Liebert at the University of Texas at Austin Tarlton Law Library.
Copyright literature current awareness
"The 'Current copyright literature' website is a resource for keeping informed of current articles related to U.S. copyright law. This service is edited by Tobe Liebert, the Assistant Director for Collection Development & Special Projects at the Tarlton Law Library.
Here's the process: I review law journals and law reviews (and a great many other legal periodicals) as they are received in the library. I examine the table of contents of all of these publications and identify any article concerning U.S. copyright law. I then input the basic bibliographic information about each article into this database, and scan the first page of the article. The availability of the first page of the article should better enable readers to know if they are interested in reading the whole article."
Copyright literature current awareness
"The 'Current copyright literature' website is a resource for keeping informed of current articles related to U.S. copyright law. This service is edited by Tobe Liebert, the Assistant Director for Collection Development & Special Projects at the Tarlton Law Library.
Here's the process: I review law journals and law reviews (and a great many other legal periodicals) as they are received in the library. I examine the table of contents of all of these publications and identify any article concerning U.S. copyright law. I then input the basic bibliographic information about each article into this database, and scan the first page of the article. The availability of the first page of the article should better enable readers to know if they are interested in reading the whole article."
DRM-related Effects of the Grokster Ruling
DRM-related Effects of the Grokster Ruling
by GINGER COX
DRM Blog, publication date: 27 June 2005
"On all but the smallest of scales, it is not a feasible method for monitoring illegal activity on a network or software system. Thus, to protect a company from contributory infringement liability, the only remaining approach is to introduce some sort of DRM to limit illegal use."
by GINGER COX
DRM Blog, publication date: 27 June 2005
"On all but the smallest of scales, it is not a feasible method for monitoring illegal activity on a network or software system. Thus, to protect a company from contributory infringement liability, the only remaining approach is to introduce some sort of DRM to limit illegal use."
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