Can video iPod lead to DMCA reform?
by DECLAN MCCULLAGH
CNet News.com, publication date: 23 January 2006
"Take the court rulings against the now-defunct 321 Studios, which used to sell a DVD-copying program. A federal judge in February 2004 ruled that the DMCA outlawed it.
That decision was widely ignored outside of geekdom. So were legal threats against security researchers, DVD burning software, toner cartridge refills, computer-science graduate students, Russian hackers and Princeton researchers."
Saturday, January 28, 2006
Monday, January 23, 2006
Library to store records, movies in Cold War vault
Library to store records, movies in Cold War vault
by Aliya Sternstein
FCW.com, publication date: 13 January 2006
"The center will store the Library's audio artifacts and digital doppelgangers so that researchers can quickly retrieve and play them via a secure internal network. The recordings have copyright protections that prohibit Internet broadcasts."
by Aliya Sternstein
FCW.com, publication date: 13 January 2006
"The center will store the Library's audio artifacts and digital doppelgangers so that researchers can quickly retrieve and play them via a secure internal network. The recordings have copyright protections that prohibit Internet broadcasts."
Study Group to Host Public Roundtables in March 2006 on Copyright Exceptions for Libraries and Archives
Study Group to Host Public Roundtables in March 2006 on Copyright Exceptions for Libraries and Archives
News from the Library of Congress, publication date: 17 January 2006
see also: Issues paper for roundtables (PDF) from the Section 108 Study Group site
"The group is studying how Section 108 of the Copyright Act (titled “Limitations on exclusive rights: Reproduction by libraries and archives”) may need to be amended to address the relevant issues and concerns of libraries and archives, as well as creators and other copyright holders. As part of this process, the Study Group is reaching out to the library, archives, rights-holder and creative communities for input on recommendations for possible revisions to the current library and archives exceptions. The March roundtables will be the first opportunity for these communities to share their views with the Study Group face-to-face."
News from the Library of Congress, publication date: 17 January 2006
see also: Issues paper for roundtables (PDF) from the Section 108 Study Group site
"The group is studying how Section 108 of the Copyright Act (titled “Limitations on exclusive rights: Reproduction by libraries and archives”) may need to be amended to address the relevant issues and concerns of libraries and archives, as well as creators and other copyright holders. As part of this process, the Study Group is reaching out to the library, archives, rights-holder and creative communities for input on recommendations for possible revisions to the current library and archives exceptions. The March roundtables will be the first opportunity for these communities to share their views with the Study Group face-to-face."
Digital Rights Management: A Guide for Librarians
Digital Rights Management: A Guide for Librarians (PDF document)
by MICHAEL GODWIN
American Library Association Office for Information Technology Policy (OITP), publication date: January 2006
"This is not an exhaustive list of the ways in which the use of DRM may
create tensions undercutting the balance of rights created by copyright law.
These tensions are fundamental and unavoidable ones, although not everyone
acknowledges this. What makes them unavoidable is that DRM tends to be
precise and immutable, while our copyright law policy tends to be general and dynamic. What makes them fundamental is that democratic societies
need libraries and librarians to support and promote public access to the
broadest range of creative and scholarly work. In practice, this means that, for
the foreseeable future, there will be ongoing tensions between libraries (and
librarians), on the one hand, and DRM-using publishers and rights-holders,
on the other."
by MICHAEL GODWIN
American Library Association Office for Information Technology Policy (OITP), publication date: January 2006
"This is not an exhaustive list of the ways in which the use of DRM may
create tensions undercutting the balance of rights created by copyright law.
These tensions are fundamental and unavoidable ones, although not everyone
acknowledges this. What makes them unavoidable is that DRM tends to be
precise and immutable, while our copyright law policy tends to be general and dynamic. What makes them fundamental is that democratic societies
need libraries and librarians to support and promote public access to the
broadest range of creative and scholarly work. In practice, this means that, for
the foreseeable future, there will be ongoing tensions between libraries (and
librarians), on the one hand, and DRM-using publishers and rights-holders,
on the other."
Back from unannounced hiatus
Back from unannounced hiatus, apologies for the radio silence. Partly a holiday break, but mostly work on big start of year projects. Have just returned from ALA Midwinter meeting. Copyright and IP were threads running through every session I attended, including video round table, Google project updates, digital preservation, and interoperability standards (the license expression project sounds fascinating). Section 108 study group meetings have been scheduled for D.C. and L.A. in March, and ALA OITP recently released some excellent IP issue documents. See other links from today.
Big Content would like to outlaw things no one has even thought of yet
Big Content would like to outlaw things no one has even thought of yet
Ars Technica,publication date: 21 January 2006
"The post points to broadcast flag draft legislation sponsored by Senator Gordon Smith (R-Ore.) that contains provisions which appear to limit digital broadcast media reception devices to "customary historic use of broadcast content by consumers to the extent such use is consistent with applicable law and that prevents redistribution of copyrighted content over digital networks." In other words, if it does anything heretofore unheard of with the digital content that it receives, then it's illegal. And if it does anything "customary" that could also possibly lead to unauthorized redistribution, then it's also illegal. So all the bases are covered!"
Ars Technica,publication date: 21 January 2006
"The post points to broadcast flag draft legislation sponsored by Senator Gordon Smith (R-Ore.) that contains provisions which appear to limit digital broadcast media reception devices to "customary historic use of broadcast content by consumers to the extent such use is consistent with applicable law and that prevents redistribution of copyrighted content over digital networks." In other words, if it does anything heretofore unheard of with the digital content that it receives, then it's illegal. And if it does anything "customary" that could also possibly lead to unauthorized redistribution, then it's also illegal. So all the bases are covered!"
Tuesday, December 20, 2005
Congress: Merry Chrismas! We're Turning Off Your Analog Outs
Congress: Merry Chrismas! We're Turning Off Your Analog Outs
Public Knowledge, publication date: 16 December 2005
"The government is proposing that devices (consumer electronics, computers, software) manufactured after a certain date respond to a copy-protection signal or watermark in a digital video stream, and pass along that signal when converting the video to analog. The same goes for analog video streams, to pass on the protection to the digital video outputs."
Public Knowledge, publication date: 16 December 2005
"The government is proposing that devices (consumer electronics, computers, software) manufactured after a certain date respond to a copy-protection signal or watermark in a digital video stream, and pass along that signal when converting the video to analog. The same goes for analog video streams, to pass on the protection to the digital video outputs."
Wednesday, December 14, 2005
Court won't hear National Geographic CD-ROM case
Court won't hear National Geographic CD-ROM case
Reuters
Yahoo News, publication date: 12 December 2005
"The appeals court ruled that the CDs represented an 'electronic replica' of the magazine and were a permissible 'revision' under copyright law, even if some new copyrightable materials, such as an introductory sequence and a computer software program, had been added."
Reuters
Yahoo News, publication date: 12 December 2005
"The appeals court ruled that the CDs represented an 'electronic replica' of the magazine and were a permissible 'revision' under copyright law, even if some new copyrightable materials, such as an introductory sequence and a computer software program, had been added."
EU proposes extending TV rules to online film and video
EU proposes extending TV rules to online film and video
By Simon Taylor
InfoWorld, publication date: 13 December 2005
"...it would include some measures such as having to provide a 'culturally diverse' range of content. 'This might involve requirements in terms of the catalogue they offer,' said Martin Selmayr, a European Commission spokesman.
Other requirements to be applied to online service providers include proposals protecting children from unsuitable material and preventing online racial hatred."
By Simon Taylor
InfoWorld, publication date: 13 December 2005
"...it would include some measures such as having to provide a 'culturally diverse' range of content. 'This might involve requirements in terms of the catalogue they offer,' said Martin Selmayr, a European Commission spokesman.
Other requirements to be applied to online service providers include proposals protecting children from unsuitable material and preventing online racial hatred."
Tuesday, December 13, 2005
Clogger of P2P networks to shut down
Clogger of P2P networks to shut down
by JOHN BORLAND
ZDNet, publication date: 9 December 2005
"Seattle-based Loudeye said Friday that it is shuttering its Overpeer division, effective immediately, in an attempt to bolster the parent company's bottom line."
by JOHN BORLAND
ZDNet, publication date: 9 December 2005
"Seattle-based Loudeye said Friday that it is shuttering its Overpeer division, effective immediately, in an attempt to bolster the parent company's bottom line."
Song sites face legal crackdown
Song sites face legal crackdown
by IAN YOUNGS
BBC News, publication date: 12 December 2005
"He said unlicensed guitar tabs and song scores were widely available on the internet but were 'completely illegal'"
by IAN YOUNGS
BBC News, publication date: 12 December 2005
"He said unlicensed guitar tabs and song scores were widely available on the internet but were 'completely illegal'"
Monday, December 05, 2005
Copyright Mythbusters: Believe It or Not, Fair Use Exists.
Copyright Mythbusters: Believe It or Not, Fair Use Exists
by DONNA WENTWORTH
Copyfight, publication date: 05 December 2005
"The truth -- that copyright has built-in limits to protect free speech, scholarship, research, and innovation (the 'progress of science and useful arts') -- sounds like a lie. Surely all of that stuff is just bleeding-heart liberal, mushy-minded nonsense?
Oh, well, actually -- no. Fair use exists, and for very good reasons."
by DONNA WENTWORTH
Copyfight, publication date: 05 December 2005
"The truth -- that copyright has built-in limits to protect free speech, scholarship, research, and innovation (the 'progress of science and useful arts') -- sounds like a lie. Surely all of that stuff is just bleeding-heart liberal, mushy-minded nonsense?
Oh, well, actually -- no. Fair use exists, and for very good reasons."
Putting pirates behind bars is best deterrent
Putting pirates behind bars is best deterrent
by ACHARA ASHAYAGACHAT
Bangkok Post, publication date: 06 December 2005
"David Mattinson, the IFPI Asian regional office's investigator, said Thailand should impose jail terms in order to discourage pirates, an approach that has proved successful in Hong Kong and Singapore in recent years."
by ACHARA ASHAYAGACHAT
Bangkok Post, publication date: 06 December 2005
"David Mattinson, the IFPI Asian regional office's investigator, said Thailand should impose jail terms in order to discourage pirates, an approach that has proved successful in Hong Kong and Singapore in recent years."
Ex-FT editor heads copyright review
Ex-FT editor heads copyright review
Freelance UK, publication date: 05 December 2005
"Now the former Reuters junior will test to see whether improvements could be made to the UK's IP regime, in light of the DTI's pledge to 'modernise copyright and other forms of intellectual property...for the digital age'.
...
The Gowers Review will also probe into the suitability of the legal and technical IP infringement framework in the digital age, and assess whether ?fair use? claims by citizens are reasonable."
Freelance UK, publication date: 05 December 2005
"Now the former Reuters junior will test to see whether improvements could be made to the UK's IP regime, in light of the DTI's pledge to 'modernise copyright and other forms of intellectual property...for the digital age'.
...
The Gowers Review will also probe into the suitability of the legal and technical IP infringement framework in the digital age, and assess whether ?fair use? claims by citizens are reasonable."
Will Fair Use Survive?
Will Fair Use Survive? (final version, PDF document)
by MARJORIE HEINS and TRICIA BECKLES
The Free Expression Policy Project, Brennan Center for Justice at NYU School of Law, publication date: December 2005
by MARJORIE HEINS and TRICIA BECKLES
The Free Expression Policy Project, Brennan Center for Justice at NYU School of Law, publication date: December 2005
Sunday, December 04, 2005
DMCA Triennial Rulemaking: Failing the Digital Consumer
DMCA Triennial Rulemaking:
Failing the Digital ConsumerPDF document
Electronic Frontier Foundation (EFF), publication date: 01 December 2005
Failing the Digital ConsumerPDF document
Electronic Frontier Foundation (EFF), publication date: 01 December 2005
Thursday, December 01, 2005
How Not to Make eBooks "Take Off"
How Not to Make eBooks "Take Off"
by BILL MCCOY
Blogs.Adobe.com, publication date: 21 November 2005
"The DRM and client issues seem clearly to be Adobe's: atlhough they might arguably exist with alternative eReading systems, that's immaterial to this poor guy's particular experience. But the first three issues are really more with Amazon and its suppliers' etailing infrastructure and DRM rights-offering choices. In fact therein lies a dilemma for infrastructure vendors like Adobe. Apple's vertically-integrated iTunes Store in many ways provides a better end to end experience to users. For example Apple FairPlay [sic] DRM rights are consistent and reasonably simple to understand. Yet, Apple's ecosystem is completely closed and proprietary, and gives users and publishers no choices. In order to create a compelling eBook user experience, must we abandon an open ecosystem, where publishers and users have choices of different kinds of rights and different channels for acquiring content?"
by BILL MCCOY
Blogs.Adobe.com, publication date: 21 November 2005
"The DRM and client issues seem clearly to be Adobe's: atlhough they might arguably exist with alternative eReading systems, that's immaterial to this poor guy's particular experience. But the first three issues are really more with Amazon and its suppliers' etailing infrastructure and DRM rights-offering choices. In fact therein lies a dilemma for infrastructure vendors like Adobe. Apple's vertically-integrated iTunes Store in many ways provides a better end to end experience to users. For example Apple FairPlay [sic] DRM rights are consistent and reasonably simple to understand. Yet, Apple's ecosystem is completely closed and proprietary, and gives users and publishers no choices. In order to create a compelling eBook user experience, must we abandon an open ecosystem, where publishers and users have choices of different kinds of rights and different channels for acquiring content?"
Finding a balance between digital copyright and consumers%u2019 rights
IST Results - Finding a balance between digital copyright and consumers' rights
IST Results, publication date: 29 November 2005
"Most European researchers agree that there are two crucial but as yet unresolved issues facing the deployment of DRM: interoperability between different technologies and the need to balance consumers' rights to fair use with the right of content providers and authors to avoid illegal duplication of their audiovisual works.
The first problem is technical as well as political, in the business sense of the word, while the second holds social and cultural implications. Both must be solved, however, if the media industry is to effectively use DRM to protect its revenue - and hence its ability to innovate and create new content - in an era in which personal computers and the Internet have made illegal copying and access to illegal copies all too easy."
IST Results, publication date: 29 November 2005
"Most European researchers agree that there are two crucial but as yet unresolved issues facing the deployment of DRM: interoperability between different technologies and the need to balance consumers' rights to fair use with the right of content providers and authors to avoid illegal duplication of their audiovisual works.
The first problem is technical as well as political, in the business sense of the word, while the second holds social and cultural implications. Both must be solved, however, if the media industry is to effectively use DRM to protect its revenue - and hence its ability to innovate and create new content - in an era in which personal computers and the Internet have made illegal copying and access to illegal copies all too easy."
Website offers MP3 storage
Website offers MP3 storage
by CHRIS NUTTALL
Financial Times, publication date: 29 November 2005
"Two software developers who have attracted lawsuits from media organisations are behind an online music service launching on Wednesday that seems certain to be scrutinised for copyright violations."
by CHRIS NUTTALL
Financial Times, publication date: 29 November 2005
"Two software developers who have attracted lawsuits from media organisations are behind an online music service launching on Wednesday that seems certain to be scrutinised for copyright violations."
BBC2 to switch on web TV
BBC2 to switch on web TV
by KEN YOUNG
VNUNet, publication date: 29 November 2005
"'The other big question is that of copyright. A lot of BBC content is made by
independent production houses who may retain the rights to content being made available over the internet. So that may impact how much content is available in this way.'"
by KEN YOUNG
VNUNet, publication date: 29 November 2005
"'The other big question is that of copyright. A lot of BBC content is made by
independent production houses who may retain the rights to content being made available over the internet. So that may impact how much content is available in this way.'"
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