On Acrimony and Google Library
by SIVA VAIDHYANATHAN
Sivacracy.net, publication date: 9 April 2006
"I take no glee in criticizing anyone. It saddens me that Michigan undertood this effort and sprung it on the library community (and the Michigan community) without public deliberation or debate. That's what happens when state employees and librarians swear themselves to secrecy. They betray democratic values. There should have been a big debate on this BEFORE Michigan signed the contract and invited Google in. Back then we could have ensured Google was bound to respect basic library values. Now it's too late. Now it's all about taking sides between Google and publishers. That's a shame. It is all about the grey areas. And that's what I have been promoting.
I have been blunt in my criticisms of both the five libraries who have entered these deals with Google and of Google itself because I can't seem to get people to take the externalities of the program seriously. I want to enrich and broaden the discussion beyond these shallow mythologies:
• Google is really good at what it does and is working for us.
• A search engine is a neutral, democratic technology.
• Publishers are big, bad copyright bullies who 'don't get' the Internet.
• The Google Library project will (in Lessig's terms) 'offer universal access' to the bulk of human achievement and knowledge.
• Fair use is straightforward, predictable, fair, and useful.
• Expediency matters more than quality.
All these statements are partially true but mostly false. And they are hardly the whole story here. So I think it would be very helpful if those who support Google's project to pressure the company to be a better citizen rather than simply applauding. Let's make sure Google at least tries to live up to its mottos."
Monday, April 10, 2006
Decoding the Drivel
Decoding the Drivel
by ALAN WEXELBLAT
Copyfight, publication date: 04 April 2006
"The gist is that it's PC-only, some movies, doesn't include Disney at all, only gives a few of the films on the same day as DVD release - most are delayed 45 days - and is just overall a continuation of the sad sorry attempts by the Cartel to defend their antiquated business models. Oh, for a press reporter who would actually report THAT news"
by ALAN WEXELBLAT
Copyfight, publication date: 04 April 2006
"The gist is that it's PC-only, some movies, doesn't include Disney at all, only gives a few of the films on the same day as DVD release - most are delayed 45 days - and is just overall a continuation of the sad sorry attempts by the Cartel to defend their antiquated business models. Oh, for a press reporter who would actually report THAT news"
You’ve Got to Fight for Your Copyright
You’ve Got to Fight for Your Copyright
by SHERINE BAKIR
Business Today [Egypt], publication date: April 2006
"However, intellectual property isn’t just valuable for companies like Oracle, Sony or Pepsi. Nermien Al-Ali, legal counsel for intellectual property rights with the law firm of Ibrachy & Dermarkar, says even local companies must prioritize protecting their intellectual property rights, which are sources of revenue that add value to products and distinguish them in the market.
“There are two products on the shelf, why would I pick up one and leave the other?” Al-Ali asks. “Because I trust the company. Why would I pay more than LE 100 to buy, for example, a Mobaco shirt when I can get a generic cotton one for LE 40 only? Because I am buying value that is associated with the brand name.”"
by SHERINE BAKIR
Business Today [Egypt], publication date: April 2006
"However, intellectual property isn’t just valuable for companies like Oracle, Sony or Pepsi. Nermien Al-Ali, legal counsel for intellectual property rights with the law firm of Ibrachy & Dermarkar, says even local companies must prioritize protecting their intellectual property rights, which are sources of revenue that add value to products and distinguish them in the market.
“There are two products on the shelf, why would I pick up one and leave the other?” Al-Ali asks. “Because I trust the company. Why would I pay more than LE 100 to buy, for example, a Mobaco shirt when I can get a generic cotton one for LE 40 only? Because I am buying value that is associated with the brand name.”"
Sunday, April 09, 2006
NYU Group Sponsors Film Competition Meant to Challenge Copyright Law
NYU Group Sponsors Film Competition Meant to Challenge Copyright Law
by DOREE SHAFRIR
The Columbia Journalist, publication date: 7 April 2006
"The Film Remix Contest asks participants to make a five- to seven-minute parody from one of four blockbuster trilogies: Harry Potter (though there are now four HP films on DVD), Star Wars, The Matrix and Lord of the Rings. Parody is explicitly protected from the charge of copyright violation under Fair Use guidelines, a provision of the standing Copyright Act of 1976. (Take Weird Al Yankovic, for example: There’s a reason Madonna didn’t sue him for “Like a Surgeon.”)"
by DOREE SHAFRIR
The Columbia Journalist, publication date: 7 April 2006
"The Film Remix Contest asks participants to make a five- to seven-minute parody from one of four blockbuster trilogies: Harry Potter (though there are now four HP films on DVD), Star Wars, The Matrix and Lord of the Rings. Parody is explicitly protected from the charge of copyright violation under Fair Use guidelines, a provision of the standing Copyright Act of 1976. (Take Weird Al Yankovic, for example: There’s a reason Madonna didn’t sue him for “Like a Surgeon.”)"
U.S. Prepares WTO Lawsuit on China's Copyright Laws, People Say
U.S. Prepares WTO Lawsuit on China's Copyright Laws, People Say
by MARK DRAJEM
Bloomberg, publication date: 7 April 2006
"The U.S. is preparing to file a lawsuit with the World Trade Organization alleging Chinese intellectual property laws fall short of the global requirements China agreed to when it joined the WTO in 2001, the people said. The administration has been discussing the legal strategy with the film, music and software industries and congressional staff members, they said."
by MARK DRAJEM
Bloomberg, publication date: 7 April 2006
"The U.S. is preparing to file a lawsuit with the World Trade Organization alleging Chinese intellectual property laws fall short of the global requirements China agreed to when it joined the WTO in 2001, the people said. The administration has been discussing the legal strategy with the film, music and software industries and congressional staff members, they said."
Friday, April 07, 2006
How the World Works
How the World Works
by ANDREW LEONARD
Salon, publication date: 06 April 2006
"Let's set aside the question of whether the manufacturing industry in the United States has really been destroyed (last I checked, the U.S. was still one of the world's great manufacturing powerhouses). And we'll concede that it's nice to hear that now Lehman is suddenly a supporter of international labor and environmental standards. But one can excuse developing nations for seeing affairs in a slightly different light. As part of the horse-trading of the Uruguay round that led to the creation of the WTO, writes Michigan State law professor Peter Yu, a researcher who has studied TRIPs extensively, the quid pro quo of TRIPs was that in exchange for receiving stronger protection for intellectual property rights, developed nations were supposed to substantially lower tariffs on textiles and agriculture. But while the developing nations were required to, as Yu notes, 'phase in product patents for pharmaceuticals on the first day' of the transitional period, developed nations were given as much as ten years to get rid of their quotas. And to this day, the United States and the European Union still subsidize their agricultural sectors to the tune of many billions of dollars annually."
by ANDREW LEONARD
Salon, publication date: 06 April 2006
"Let's set aside the question of whether the manufacturing industry in the United States has really been destroyed (last I checked, the U.S. was still one of the world's great manufacturing powerhouses). And we'll concede that it's nice to hear that now Lehman is suddenly a supporter of international labor and environmental standards. But one can excuse developing nations for seeing affairs in a slightly different light. As part of the horse-trading of the Uruguay round that led to the creation of the WTO, writes Michigan State law professor Peter Yu, a researcher who has studied TRIPs extensively, the quid pro quo of TRIPs was that in exchange for receiving stronger protection for intellectual property rights, developed nations were supposed to substantially lower tariffs on textiles and agriculture. But while the developing nations were required to, as Yu notes, 'phase in product patents for pharmaceuticals on the first day' of the transitional period, developed nations were given as much as ten years to get rid of their quotas. And to this day, the United States and the European Union still subsidize their agricultural sectors to the tune of many billions of dollars annually."
SIIA antipiracy report highlights 2005 successes
SIIA antipiracy report highlights 2005 successes
by FRED O'CONNOR
Computerworld, publication date: 05 April 2006
"'The only real surprise was that there were so many manufacturing companies,' Kupferschmid said. 'Health care and insurance companies are usually our biggest problems. Most of our claims are for those types of companies.'
Server titles captured 42% of the claims. Security software ranked second with 35%, followed by mapping applications (32%) and CAD (computer-aided design) wares at 29%. Among other categories, claims for pilfered productivity software came in at 28%, while document management comprised 23% of the allegations."
by FRED O'CONNOR
Computerworld, publication date: 05 April 2006
"'The only real surprise was that there were so many manufacturing companies,' Kupferschmid said. 'Health care and insurance companies are usually our biggest problems. Most of our claims are for those types of companies.'
Server titles captured 42% of the claims. Security software ranked second with 35%, followed by mapping applications (32%) and CAD (computer-aided design) wares at 29%. Among other categories, claims for pilfered productivity software came in at 28%, while document management comprised 23% of the allegations."
Canadian copyright bill
Canadian copyright bill
by RUSSELL McORMOND
p2pNet, publication date: 06 April 2006
"Tom Flanagan, past manager of the National Campaign of the Conservative Party of Canada, co-authored articles that have discussed how he sees file sharing as an asset, not a problem. This article concluded by saying:
'Canada signed the 1997 World Intellectual Property Organization Internet Treaties, but we have not yet ratified them by enacting their provisions into our domestic law. There is still time to draw back from a step that would create a new class of lawbreakers and impose censorship on the Internet, without doing anything to foster genuine cultural vitality.'
We need both a citizen and parliamentary debate on what will be the priorities in copyright revision."
by RUSSELL McORMOND
p2pNet, publication date: 06 April 2006
"Tom Flanagan, past manager of the National Campaign of the Conservative Party of Canada, co-authored articles that have discussed how he sees file sharing as an asset, not a problem. This article concluded by saying:
'Canada signed the 1997 World Intellectual Property Organization Internet Treaties, but we have not yet ratified them by enacting their provisions into our domestic law. There is still time to draw back from a step that would create a new class of lawbreakers and impose censorship on the Internet, without doing anything to foster genuine cultural vitality.'
We need both a citizen and parliamentary debate on what will be the priorities in copyright revision."
Coalition seeks to reform EU copyright levies
Coalition seeks to reform EU copyright levies
Out-law.com, publication date: 06 April 2006
"But technology has moved on. Private copying now takes place largely on digital devices and Member States have moved to impose levies on these too – charging a levy on the purchase price of equipment such as CD recorders and MP3 players and blank media such as blank compact discs.
Critics argue that this creates a multiple payment scenario where consumers pay for permission to copy at the time of download, and are charged again – one or more times – in the purchase of devices used to play the content."
Out-law.com, publication date: 06 April 2006
"But technology has moved on. Private copying now takes place largely on digital devices and Member States have moved to impose levies on these too – charging a levy on the purchase price of equipment such as CD recorders and MP3 players and blank media such as blank compact discs.
Critics argue that this creates a multiple payment scenario where consumers pay for permission to copy at the time of download, and are charged again – one or more times – in the purchase of devices used to play the content."
Pleasanton teen indicted on copyright violations
Pleasanton teen indicted on copyright violations
by CHRIS METINKO
ContraCostaTimes.com, publication date: 06 April 2006
"Allen Soares, 19, was one of five people newly charged by the federal government in its Operation Copycat investigation into online 'warez' sites -- which illegally distribute newly-released movies, games, software and music."
by CHRIS METINKO
ContraCostaTimes.com, publication date: 06 April 2006
"Allen Soares, 19, was one of five people newly charged by the federal government in its Operation Copycat investigation into online 'warez' sites -- which illegally distribute newly-released movies, games, software and music."
Copyright protection vital for Russia WTO entry - US official
Copyright protection vital for Russia WTO entry - US official
ITAR-TASS, publication date: 06 April 2006
"Sampson said that the issue of the protection of intellectual property remains one of the main obstacles at talks between Washington and Moscow on Russia’s admission to the World Trade Organisation (WTO). "
ITAR-TASS, publication date: 06 April 2006
"Sampson said that the issue of the protection of intellectual property remains one of the main obstacles at talks between Washington and Moscow on Russia’s admission to the World Trade Organisation (WTO). "
U.S. lawmakers target six top copyright piracy countries
U.S. lawmakers target six top copyright piracy countries
by GRANT GROSS
ComputerWorld, publication date: 06 April 2006
"The congressional group's report said China is 'awash' in pirated goods. When warehouses or manufacturing facilities for pirated goods are raided by Chinese police, the products are seized, but owners face only small fines, the group said. Some Chinese Internet service providers have become online warehouses for pirated digital works, the group's report added.
Russia hosts 47 plants manufacturing optical disks containing pirated materials, the report said. The country is also home to perhaps the largest Internet pirate site in the world, which Russian authorities have declined to investigate, the group said."
by GRANT GROSS
ComputerWorld, publication date: 06 April 2006
"The congressional group's report said China is 'awash' in pirated goods. When warehouses or manufacturing facilities for pirated goods are raided by Chinese police, the products are seized, but owners face only small fines, the group said. Some Chinese Internet service providers have become online warehouses for pirated digital works, the group's report added.
Russia hosts 47 plants manufacturing optical disks containing pirated materials, the report said. The country is also home to perhaps the largest Internet pirate site in the world, which Russian authorities have declined to investigate, the group said."
Thursday, April 06, 2006
Cablevision Pushes the Envelope
Cablevision Pushes the Envelope
by WILLIAM PATRY
The Patry Copyright Blog, publication date: 31 March 2006
"That initially sounds like what MP3.com did, but there is this very significant difference: consumers, in their homes, are the ones who initiate the recording by scrolling through Cablevision's channel guide, and will control the copies, that is, the ability to view or delete the programming. Moreover, there will be storage limits. That sounds like fair use to me, although I would like to know if a separate service charge is made."
by WILLIAM PATRY
The Patry Copyright Blog, publication date: 31 March 2006
"That initially sounds like what MP3.com did, but there is this very significant difference: consumers, in their homes, are the ones who initiate the recording by scrolling through Cablevision's channel guide, and will control the copies, that is, the ability to view or delete the programming. Moreover, there will be storage limits. That sounds like fair use to me, although I would like to know if a separate service charge is made."
Wednesday, April 05, 2006
Creative way to licence copyright
Creative way to licence copyright
by ANTHONY DHANENDRAN
Computeract!ve, publication date: 04 April 2005
"The court ruled that the Creative Commons licence set up in 2001 gives people the same protection as traditional copyright laws."
by ANTHONY DHANENDRAN
Computeract!ve, publication date: 04 April 2005
"The court ruled that the Creative Commons licence set up in 2001 gives people the same protection as traditional copyright laws."
Tuesday, April 04, 2006
Interview with Geoffrey Yu, Deputy Director General WIPO
Intellectual Interview with Geoffrey Yu, Deputy Director General WIPO
Intellectual Property Watch, publication date: 24 March 2006
"Let me give you an example of what we are doing in Ethiopia, where we are trying to help create intellectual property value. About half of the economy of the country is based on agriculture. Its largest and most important research institute is the agricultural research institute. We have just started a national project funded by WIPO which has two aspects. One is to provide this research institute with the capacity to use the IP system in order to manage the results of its research. The institute is doing some interesting and original research. We have been talking with the director general of that institute, as well as with the deputy prime minister, who is also the minister of agriculture, both of whom I had the pleasure to meet, in order to build the capacity for them to decide whether, with the results of the research, they would like to license in, license out, create startup companies, or share the research results freely within the agricultural sector. That is for the institute to decide.
This is one aspect of our advice and support in Ethiopia. The other aspect is that we are undertaking with them a national survey of the traditional knowledge accumulated over centuries in the country in technology related to farming, because a lot of the farming is still traditional. But there has not been, so far as we are aware, full documentation or an inventory of those techniques or know-how. So we plan to initiate an identification and documentation exercise with the national authorities. The two aspects of the project will complement each other and we are confident that it will serve the country by improving agriculture revenue. This is a good example of what WIPO is doing on the ground."
Intellectual Property Watch, publication date: 24 March 2006
"Let me give you an example of what we are doing in Ethiopia, where we are trying to help create intellectual property value. About half of the economy of the country is based on agriculture. Its largest and most important research institute is the agricultural research institute. We have just started a national project funded by WIPO which has two aspects. One is to provide this research institute with the capacity to use the IP system in order to manage the results of its research. The institute is doing some interesting and original research. We have been talking with the director general of that institute, as well as with the deputy prime minister, who is also the minister of agriculture, both of whom I had the pleasure to meet, in order to build the capacity for them to decide whether, with the results of the research, they would like to license in, license out, create startup companies, or share the research results freely within the agricultural sector. That is for the institute to decide.
This is one aspect of our advice and support in Ethiopia. The other aspect is that we are undertaking with them a national survey of the traditional knowledge accumulated over centuries in the country in technology related to farming, because a lot of the farming is still traditional. But there has not been, so far as we are aware, full documentation or an inventory of those techniques or know-how. So we plan to initiate an identification and documentation exercise with the national authorities. The two aspects of the project will complement each other and we are confident that it will serve the country by improving agriculture revenue. This is a good example of what WIPO is doing on the ground."
Copyright Classics
Copyright Classics
by RANDY PICKER
The University of Chicago Law School Faculty Blog, publication date: 03 April 2006
"We are reading classic articles from the secondary copyright literature. Students will be posting on the articles and commenting on the posts of their fellow students. The blog is open to the public"
by RANDY PICKER
The University of Chicago Law School Faculty Blog, publication date: 03 April 2006
"We are reading classic articles from the secondary copyright literature. Students will be posting on the articles and commenting on the posts of their fellow students. The blog is open to the public"
Smithsonian Deal With Showtime Restricts Access By Filmmakers
Smithsonian Deal With Showtime Restricts Access By Filmmakers
by JACQUELINE TRESCOTT
Washington Post, publication date: 04 April 2006
"Jeanny Kim, the vice president for media services at Smithsonian Business Ventures, said the filmmakers who were doing 'more than an incidental treatment' of a subject mainly from Smithsonian materials or wishing to focus on a Smithsonian curator or scientist would first have to offer the idea to Smithsonian/Showtime. Otherwise, the archives could not be used outside the realm of news programs (such as '60 Minutes' and 'Dateline') in most cases.
The new restrictions have outraged some filmmakers and researchers, who are criticizing the limitations placed on public archives, as well as the Smithsonian's refusal to reveal the details of its Showtime contract. Inside the institution, some staff raised questions about the lack of consultation regarding the new policy. Others said the change was overdue because the Smithsonian had lacked control over its property."
by JACQUELINE TRESCOTT
Washington Post, publication date: 04 April 2006
"Jeanny Kim, the vice president for media services at Smithsonian Business Ventures, said the filmmakers who were doing 'more than an incidental treatment' of a subject mainly from Smithsonian materials or wishing to focus on a Smithsonian curator or scientist would first have to offer the idea to Smithsonian/Showtime. Otherwise, the archives could not be used outside the realm of news programs (such as '60 Minutes' and 'Dateline') in most cases.
The new restrictions have outraged some filmmakers and researchers, who are criticizing the limitations placed on public archives, as well as the Smithsonian's refusal to reveal the details of its Showtime contract. Inside the institution, some staff raised questions about the lack of consultation regarding the new policy. Others said the change was overdue because the Smithsonian had lacked control over its property."
Comments sought on copyright exemptions for libraries
Comments sought on copyright exemptions for libraries
by NATE ANDERSON
Ars Technica, publication date: 03 April 2006
"Though the group will not be able to fix all the problems with current copyright law, it does have the power to suggest important changes that will govern the behavior of libraries for years to come. "
by NATE ANDERSON
Ars Technica, publication date: 03 April 2006
"Though the group will not be able to fix all the problems with current copyright law, it does have the power to suggest important changes that will govern the behavior of libraries for years to come. "
At Last, Movies to Keep Arrive on the Internet
At Last, Movies to Keep Arrive on the Internet
by SAUL HANSELL
The New York Times, publication date: 03 April 2006
"Until now, the only downloads the studios have offered have been online rentals, which can be watched only for a 24-hour period — an idea that has not caught on with consumers. But the high prices and technological limits of the new permanent downloads suggest that they may not be an instant hit."
by SAUL HANSELL
The New York Times, publication date: 03 April 2006
"Until now, the only downloads the studios have offered have been online rentals, which can be watched only for a 24-hour period — an idea that has not caught on with consumers. But the high prices and technological limits of the new permanent downloads suggest that they may not be an instant hit."
nternet Archive's value, legality debated in copyright suit
Internet Archive's value, legality debated in copyright suit
by JOE MANDAK, Associated Press
Mercury News [San Jose], publication date: 31 March 2006
"The archive 'is just like a big vacuum cleaner, sucking up information and making it available' to anyone with a Web browser, said Scott S. Christie, an attorney representing Healthcare Advocates Inc.
'That has some social value, but in doing so they are grabbing information that they're not entitled to,' he said. 'More importantly, they are telling people that they will take it off the shelf if you do a certain thing a certain way - but that didn't happen in this case.'"
by JOE MANDAK, Associated Press
Mercury News [San Jose], publication date: 31 March 2006
"The archive 'is just like a big vacuum cleaner, sucking up information and making it available' to anyone with a Web browser, said Scott S. Christie, an attorney representing Healthcare Advocates Inc.
'That has some social value, but in doing so they are grabbing information that they're not entitled to,' he said. 'More importantly, they are telling people that they will take it off the shelf if you do a certain thing a certain way - but that didn't happen in this case.'"
Comedies of fair use, event at NY Institute for the Humanities
Comedies of fair use, event at NY Institute for the Humanities
The New York Institute for the Humanities at New York University
Symposium April 28 - 30, 2006
"Some of the most contentious issues bedeviling cultural life today are increasingly coming to revolve around the question of what proper deference ought to be paid to the notion of intellectual property. Just what is copyright, what is its point, who is it designed to protect (individual creators and their legatees, be they individual or corporate, and necessarily to the same extent?) and what is it designed to foster (the most thrivingly fertile intellectual community and intercourse possible?)? "
The New York Institute for the Humanities at New York University
Symposium April 28 - 30, 2006
"Some of the most contentious issues bedeviling cultural life today are increasingly coming to revolve around the question of what proper deference ought to be paid to the notion of intellectual property. Just what is copyright, what is its point, who is it designed to protect (individual creators and their legatees, be they individual or corporate, and necessarily to the same extent?) and what is it designed to foster (the most thrivingly fertile intellectual community and intercourse possible?)? "
YouTube.com cracks down on copyrighted video
Internet YouTube.com cracks down on copyrighted video
Reuters UK, publication date: 30 March 2006
"'We're constantly trying to balance the rights of copyright owners with the rights of our users,' YouTube said in a posting on the site. 'We did some analysis of the videos in our system over 10 minutes in length, and we found the overwhelming majority of them were full length, copyrighted videos from TV shows and movies.'"
Reuters UK, publication date: 30 March 2006
"'We're constantly trying to balance the rights of copyright owners with the rights of our users,' YouTube said in a posting on the site. 'We did some analysis of the videos in our system over 10 minutes in length, and we found the overwhelming majority of them were full length, copyrighted videos from TV shows and movies.'"
WTO demand to combat fakes, copyright abuse is fair - Duma Speaker
WTO demand to combat fakes, copyright abuse is fair - Duma Speaker
RIA Novosti, publication date: 31 March 2006
"The speaker of Russia's lower parliamentary chamber said Friday that the World Trade Organization had good reason to set the country's progress in the fight against copyright violations and counterfeiting as a condition for its accession to the group."
RIA Novosti, publication date: 31 March 2006
"The speaker of Russia's lower parliamentary chamber said Friday that the World Trade Organization had good reason to set the country's progress in the fight against copyright violations and counterfeiting as a condition for its accession to the group."
Seeking changes to the DMCA
Seeking changes to the DMCA
by ANNE BROACHE and DECLAN MCCULLAGH
CNet News.com, publication date: 31 March 2006
"Because of a controversial 1998 copyright law, it may be illegal to defang even potentially harmful software, like the anticopying technology found on some Sony BMG Music Entertainment CDs.
But those strict legal restrictions should stay in effect, entertainment industry lobbyists said Friday, when they urged the U.S. Copyright Office to avoid making any changes to the Digital Millennium Copyright Act."
by ANNE BROACHE and DECLAN MCCULLAGH
CNet News.com, publication date: 31 March 2006
"Because of a controversial 1998 copyright law, it may be illegal to defang even potentially harmful software, like the anticopying technology found on some Sony BMG Music Entertainment CDs.
But those strict legal restrictions should stay in effect, entertainment industry lobbyists said Friday, when they urged the U.S. Copyright Office to avoid making any changes to the Digital Millennium Copyright Act."
Digital Content and Enabling Technology: Satisfying the 21st Century Consumer
Digital Content and Enabling Technology: Satisfying the 21st Century Consumer
U.S. House of Representatives, The Committee on Energy and Commerce, Subcommittee on Commerce, Trade, and Consumer Protection
Archived testimony 29 March 2006
U.S. House of Representatives, The Committee on Energy and Commerce, Subcommittee on Commerce, Trade, and Consumer Protection
Archived testimony 29 March 2006
Beijing's Silk Alley slapped with tiny fine for copyright violation - report - Forbes.com
Beijing's Silk Alley slapped with tiny fine for copyright violation
Forbes.com, publication date: 29 March 2006
"Beijing's famous Silk Alley and some of the city's other popular markets have been given small fines for copyright infringements, state media reported. "
Forbes.com, publication date: 29 March 2006
"Beijing's famous Silk Alley and some of the city's other popular markets have been given small fines for copyright infringements, state media reported. "
Next-Gen DVDs' Blurry Picture
Next-Gen DVDs' Blurry Picture
by CLIFF EDWARDS
BusinessWeek, publication date: 27 March 2006
"'IT'S CRAZY.' Here's the problem: Both camps are shooting themselves in the foot before they get to the starting line. Consumers already were faced with the prospect of mass confusion, thanks to two next-generation DVD formats, whose disks do not work in each other's machines but look essentially the same. Remember Betamax versus VHS? At least then you could tell one tape from the other.
But that's just the tip of the iceberg. Turns out, most of the 20 million high-definition TVs sold over the past three years aren't capable of displaying the disks in their full resolution. Worse, at least one major studio intends to downgrade the picture even more unless consumers hook their players up through a special, pricey cable aimed at preventing piracy."
by CLIFF EDWARDS
BusinessWeek, publication date: 27 March 2006
"'IT'S CRAZY.' Here's the problem: Both camps are shooting themselves in the foot before they get to the starting line. Consumers already were faced with the prospect of mass confusion, thanks to two next-generation DVD formats, whose disks do not work in each other's machines but look essentially the same. Remember Betamax versus VHS? At least then you could tell one tape from the other.
But that's just the tip of the iceberg. Turns out, most of the 20 million high-definition TVs sold over the past three years aren't capable of displaying the disks in their full resolution. Worse, at least one major studio intends to downgrade the picture even more unless consumers hook their players up through a special, pricey cable aimed at preventing piracy."
French lawmakers OK online copyright bill
French lawmakers OK online copyright bill
Associated Press
Boston Herald, publication date: 22 March 2006
"The draft law - which also sets new penalties for music pirates - would force Apple Computer Inc., Sony Corp. and others to share proprietary copy-protection technologies so that rivals can offer compatible services and players."
Associated Press
Boston Herald, publication date: 22 March 2006
"The draft law - which also sets new penalties for music pirates - would force Apple Computer Inc., Sony Corp. and others to share proprietary copy-protection technologies so that rivals can offer compatible services and players."
Don't Miss Cato vs. the DMCA.
Don't Miss Cato vs. the DMCA.
by WENDY SELTZER
Copyfight, publication date: 21 March 2006
"The Libertarian Cato Institute has released a terrific report (PDF link) documenting ways the Digital Millennium Copyright Act hinders innovation."
by WENDY SELTZER
Copyfight, publication date: 21 March 2006
"The Libertarian Cato Institute has released a terrific report (PDF link) documenting ways the Digital Millennium Copyright Act hinders innovation."
Universities See “Disastrous Effects” For Education, Science In German Copyright Reform
Universities See “Disastrous Effects” For Education, Science In German Copyright Reform
by MONIKA ERMERT
Intellectual Property Watch, publication date: 30 March 2006
"'To the general public, the continued ban on making copies of the CD you bought if it’s DRM [digital rights management] protected and the final ‘no’ to a de minimus rule in prosecution is of more interest,” says Kuhlen. “But the potential effect in research and education really is a catastrophe.”
Taken out, for example, would be paragraph 52.a of the law introduced 2003, which allowed schools and universities to make copyrighted material available in class over a school intranet or server with copyright royalties paid on a flat rate basis to the collecting societies. This would be banned in the future, according to the current draft."
by MONIKA ERMERT
Intellectual Property Watch, publication date: 30 March 2006
"'To the general public, the continued ban on making copies of the CD you bought if it’s DRM [digital rights management] protected and the final ‘no’ to a de minimus rule in prosecution is of more interest,” says Kuhlen. “But the potential effect in research and education really is a catastrophe.”
Taken out, for example, would be paragraph 52.a of the law introduced 2003, which allowed schools and universities to make copyrighted material available in class over a school intranet or server with copyright royalties paid on a flat rate basis to the collecting societies. This would be banned in the future, according to the current draft."
Oversight Hearing on "Remedies for Small Copyright Claims".
Oversight Hearing on "Remedies for Small Copyright Claims".
U.S. House of Representatives Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property, publication date: 29 March 2006
Archived video webcast.
Paul Aiken, Executive Director, Authors Guild
Jenny Toomey, Executive Director, Future of Music Coalition
Brad Holland, Founding Board Member, Illustrators' Partnership of America
Victor S. Perlman, General Counsel and Managing Director, American Society of Media Photographers, Inc.
U.S. House of Representatives Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property, publication date: 29 March 2006
Archived video webcast.
Paul Aiken, Executive Director, Authors Guild
Jenny Toomey, Executive Director, Future of Music Coalition
Brad Holland, Founding Board Member, Illustrators' Partnership of America
Victor S. Perlman, General Counsel and Managing Director, American Society of Media Photographers, Inc.
What was the Gentleman's Agreement and how did librarians shape it? A deep history of libraries, publishers and fair use
What was the Gentleman's Agreement and how did librarians shape it? A deep history of libraries, publishers and fair use
by MARY MINOW
LibraryLaw Blog, publication date: 20 March 2006
"If you're interested in libraries and copyright, you'll want to read Peter's forthcoming article: Peter Hirtle, Research, Libraries and Fair Use: The Gentleman's Agreement of 1935. The Gentleman's Agreement was a landmark fair use agreement -- consensual voluntary guidelines that allowed libraries, archives and museums to make copies back in the days when microfilm threatened the status quo of hand copying."
by MARY MINOW
LibraryLaw Blog, publication date: 20 March 2006
"If you're interested in libraries and copyright, you'll want to read Peter's forthcoming article: Peter Hirtle, Research, Libraries and Fair Use: The Gentleman's Agreement of 1935. The Gentleman's Agreement was a landmark fair use agreement -- consensual voluntary guidelines that allowed libraries, archives and museums to make copies back in the days when microfilm threatened the status quo of hand copying."
Cory Doctorow on DRM - Videos from '05 UNC IP, Creativity & Innovation Conference -Updated USPTO News
Cory Doctorow on DRM - Videos from '05 UNC IP, Creativity & Innovation Conference -Updated USPTO News
Groklaw, publication date: 19 March 2006
"There is also a panel discussion, which includes John Whealan, Deputy General Counsel for Intellectual Property Law and Solicitor and Marybeth Peters, United States Register of Copyrights. If you are inclined to demonize people based on where they work, do take a look. You'll find Peters saying that the current length of the US Copyright Law is too long. Surprised? There is also a speech by one of the authors of the comic book I enjoyed so much, 'Bound by Law,' James Boyle, wearing his law professor hat, although at a humorous tilt."
Groklaw, publication date: 19 March 2006
"There is also a panel discussion, which includes John Whealan, Deputy General Counsel for Intellectual Property Law and Solicitor and Marybeth Peters, United States Register of Copyrights. If you are inclined to demonize people based on where they work, do take a look. You'll find Peters saying that the current length of the US Copyright Law is too long. Surprised? There is also a speech by one of the authors of the comic book I enjoyed so much, 'Bound by Law,' James Boyle, wearing his law professor hat, although at a humorous tilt."
Thursday, February 16, 2006
RIAA Says Ripping CDs to Your iPod is NOT Fair Use
RIAA Says Ripping CDs to Your iPod is NOT Fair Use
by FRED VON LOHMANN
EFF, publication date: 15 February 2006
"If I understand what the RIAA is saying, 'perfectly lawful' means 'lawful until we change our mind.' So your ability to continue to make copies of your own CDs on your own iPod is entirely a matter of their sufferance. "
by FRED VON LOHMANN
EFF, publication date: 15 February 2006
"If I understand what the RIAA is saying, 'perfectly lawful' means 'lawful until we change our mind.' So your ability to continue to make copies of your own CDs on your own iPod is entirely a matter of their sufferance. "
RIAA et al. says CD ripping, backups not fair use
RIAA et al. says CD ripping, backups not fair use
by KEN "CAESAR" FISHER
ArsTechnica, publication date: 15 February 2006
"As you can see, the argument is hinged partially on the cost of replacements. Why should you be allowed to make backups of CDs you've purchased when you can replace them? And why should CD backups be legal when users can already decided to purchase from (DRM-laden) services that do allow the limited copying of lossy music files? Here, again, we see the way in which the RIAA et al. would like to see contract law take over the domain of fair use. "Leave it up to DRM, you big dummies!"
by KEN "CAESAR" FISHER
ArsTechnica, publication date: 15 February 2006
"As you can see, the argument is hinged partially on the cost of replacements. Why should you be allowed to make backups of CDs you've purchased when you can replace them? And why should CD backups be legal when users can already decided to purchase from (DRM-laden) services that do allow the limited copying of lossy music files? Here, again, we see the way in which the RIAA et al. would like to see contract law take over the domain of fair use. "Leave it up to DRM, you big dummies!"
Saturday, January 28, 2006
Can video iPod lead to DMCA reform? | Perspectives | CNET News.com
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."
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."
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.'"
Free Encyclopedia Wikipedia.de Has Copyright Issues
Free Encyclopedia Wikipedia.de Has Copyright Issues
Deutsche Welle, publication date: 29 November 2005
"The offending articles have been placed in quarantine in a newly created category and given a warning notice that says the entry most likely includes copyrighted material."
Deutsche Welle, publication date: 29 November 2005
"The offending articles have been placed in quarantine in a newly created category and given a warning notice that says the entry most likely includes copyrighted material."
Aflac claims copyright infringement
Aflac claims copyright infringement
by CHRISTOPHER BOYCE
Ledger-Enquirer, publication date: 30 November 2005
"Assurant Inc. advertises the slogan 'Our Plans Are Based on Yours' for its health insurance arm Assurant Health. Aflac thinks they've taken that slogan a bit too literally and is suing the company for copyright infringement of insurance policies.
....
'Aflac has a lot of competitors selling competitive policies and it is open to competition," Harbin said. "But if you look at the policies, the actual policies' language is in large part identical and other parts are substantially similar.'"
by CHRISTOPHER BOYCE
Ledger-Enquirer, publication date: 30 November 2005
"Assurant Inc. advertises the slogan 'Our Plans Are Based on Yours' for its health insurance arm Assurant Health. Aflac thinks they've taken that slogan a bit too literally and is suing the company for copyright infringement of insurance policies.
....
'Aflac has a lot of competitors selling competitive policies and it is open to competition," Harbin said. "But if you look at the policies, the actual policies' language is in large part identical and other parts are substantially similar.'"
Daily Digest
Daily Digest
by HENRY K. LEE
San Francisco Chronicle, publication date: 30 November 2005
"In a plea agreement Monday, Maksym Vysochanskyy, 27, also known as Maksym Kovalchuk, admitted that he marketed and sold counterfeit software through various Web sites and through eBay."
by HENRY K. LEE
San Francisco Chronicle, publication date: 30 November 2005
"In a plea agreement Monday, Maksym Vysochanskyy, 27, also known as Maksym Kovalchuk, admitted that he marketed and sold counterfeit software through various Web sites and through eBay."
Russian customs opens 270 anti-pirating cases in 9M05
Russian customs opens 270 anti-pirating cases in 9M05
RIA Novosti, publication date: 30 November 2005
"Filippov said the most frequent copyright violations concerned the smuggling of counterfeit audio and video products, particularly CDs and DVDs."
RIA Novosti, publication date: 30 November 2005
"Filippov said the most frequent copyright violations concerned the smuggling of counterfeit audio and video products, particularly CDs and DVDs."
Copyright Suit Filed Over Thomas Friedman Book Cover
Copyright Suit Filed Over Thomas Friedman Book Cover
by DAVE ASTOR
Editor and Publisher, publication date: 29 November 2005
"When notified this April that Paradise Cay's right to sell the art was in question, FSG pulled the original cover and substituted a new one. But von Perbandt said thousands of books with the original cover are still circulating around the U.S. and have been released abroad."
by DAVE ASTOR
Editor and Publisher, publication date: 29 November 2005
"When notified this April that Paradise Cay's right to sell the art was in question, FSG pulled the original cover and substituted a new one. But von Perbandt said thousands of books with the original cover are still circulating around the U.S. and have been released abroad."
Tuesday, November 29, 2005
DMCA more a hindrance than a help
DMCA more a hindrance than a help
by IAIN THOMSON
VNUNET.COM, publication date: 28 November 2005"The research
examined 876 requests to remove copyright information from web sites and search engines and found that over half of them were being made by companies targeting the competition and 30 per cent of claims are so thin they may not stand up in court. "
by IAIN THOMSON
VNUNET.COM, publication date: 28 November 2005"The research
examined 876 requests to remove copyright information from web sites and search engines and found that over half of them were being made by companies targeting the competition and 30 per cent of claims are so thin they may not stand up in court. "
Kazaa to install anti-piracy tool
Kazaa to install anti-piracy tool
Associated Press
Jam Music, publication date: 28 November 2005"Sharman Networks Ltd. has until next week to develop a filtering system that would block files based on about 3,000 keywords, most likely the names of popular recording artists."
Associated Press
Jam Music, publication date: 28 November 2005"Sharman Networks Ltd. has until next week to develop a filtering system that would block files based on about 3,000 keywords, most likely the names of popular recording artists."
View From Here: Copyright clampdown
View From Here: Copyright clampdown
by CAROLYN BOYLE
TMCNet, publication date: 23 November 2005
"Then earlier this year the Malaysian Government announced that it was considering turning the draconian provisions of the Internal Security Act 1960 against repeat infringers as a last resort. Michael Soo of Shook Lin & Bok explains that the Act empowers police officers to arrest without warrant anyone they 'have reason to believe' has acted or is likely to act 'in any manner that is prejudicial to the security of Malaysia'.
Suspects may initially be detained in solitary confinement for up to 60 days - extendable for up to two years with the approval of the Minister for Home Affairs - and may be denied legal representation and access to relatives during this time. "
by CAROLYN BOYLE
TMCNet, publication date: 23 November 2005
"Then earlier this year the Malaysian Government announced that it was considering turning the draconian provisions of the Internal Security Act 1960 against repeat infringers as a last resort. Michael Soo of Shook Lin & Bok explains that the Act empowers police officers to arrest without warrant anyone they 'have reason to believe' has acted or is likely to act 'in any manner that is prejudicial to the security of Malaysia'.
Suspects may initially be detained in solitary confinement for up to 60 days - extendable for up to two years with the approval of the Minister for Home Affairs - and may be denied legal representation and access to relatives during this time. "
Waiting for Google to Search for One More Author: Ann Woolner
Waiting for Google to Search for One More Author: Ann Woolner
by ANN WOOLNER
Bloomberg.com, publication date: 25 November 2005
"Say an author is fine with one of the search engines scanning her book on the promise that only snippets would be accessible, and she wants to deny that right to other search engines she considers insufficiently protected against hackers, Aiken suggests.
If Google wins, the author has no say over who gets to scan the book, and certainly no right to demand compensation from the copier.
Google says it would be virtually impossible to seek permission from the copyright holders on the millions of copyright-protected books it wants to scan.
Unfortunately for Google, there is no ``it's-too-darn-hard'' exception in copyright law."
by ANN WOOLNER
Bloomberg.com, publication date: 25 November 2005
"Say an author is fine with one of the search engines scanning her book on the promise that only snippets would be accessible, and she wants to deny that right to other search engines she considers insufficiently protected against hackers, Aiken suggests.
If Google wins, the author has no say over who gets to scan the book, and certainly no right to demand compensation from the copier.
Google says it would be virtually impossible to seek permission from the copyright holders on the millions of copyright-protected books it wants to scan.
Unfortunately for Google, there is no ``it's-too-darn-hard'' exception in copyright law."
Entertainment industry 'trying to hijack data retention directive'
Entertainment industry 'trying to hijack data retention directive'
by GRAEME WEARDEN and KAREN GOMM
ZDNet UK News, publication date: 24 November 2005
"But the Creative and Media Business Alliance (CMBA), a group of media companies including EMI, SonyBMG and TimeWarner, has lobbied the EU to allow this data to be used to investigate all crimes, not just serious offences such as terrorism."
by GRAEME WEARDEN and KAREN GOMM
ZDNet UK News, publication date: 24 November 2005
"But the Creative and Media Business Alliance (CMBA), a group of media companies including EMI, SonyBMG and TimeWarner, has lobbied the EU to allow this data to be used to investigate all crimes, not just serious offences such as terrorism."
France expected to cut iPod levy in time for Christmas
France expected to cut iPod levy in time for Christmas
by PETER SAYER
Macworld, publication date: 25 November 2005
"In France, as in some other European countries including Germany and Italy, it is legal to copy music for private use - but in return the law imposes copyright levies on blank media, including cassettes, CDs, DVDs, hard drives and flash memory devices. The copyright levy is intended to compensate composers, performers and producers for revenue opportunities lost due to private copying of music."
by PETER SAYER
Macworld, publication date: 25 November 2005
"In France, as in some other European countries including Germany and Italy, it is legal to copy music for private use - but in return the law imposes copyright levies on blank media, including cassettes, CDs, DVDs, hard drives and flash memory devices. The copyright levy is intended to compensate composers, performers and producers for revenue opportunities lost due to private copying of music."
The End Of Copyright
The End Of Copyright
by ERNEST ADAMS
Gamasutra, publication date: 28 November 2005
"The lawsuits, the spyware, the DMCA: these are the death struggles of an outdated business model. It's the modern-day equivalent of throwing the Christians to the lions in an effort to discourage Christianity. It didn't work for the ancient Romans and it won't work now.
...
In short, there are a heck of a lot of ways to recover the development and marketing costs of video games besides trying to sell individual physical copies and prevent their duplication. That system is awkward, wasteful, and theft-prone. It supports too many middlemen and, like Prohibition, puts money in the pockets of some very nasty gangsters."
by ERNEST ADAMS
Gamasutra, publication date: 28 November 2005
"The lawsuits, the spyware, the DMCA: these are the death struggles of an outdated business model. It's the modern-day equivalent of throwing the Christians to the lions in an effort to discourage Christianity. It didn't work for the ancient Romans and it won't work now.
...
In short, there are a heck of a lot of ways to recover the development and marketing costs of video games besides trying to sell individual physical copies and prevent their duplication. That system is awkward, wasteful, and theft-prone. It supports too many middlemen and, like Prohibition, puts money in the pockets of some very nasty gangsters."
NCC declares MCSN illegal, nullifies Adewopo?s approval
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."
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."
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.'"
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