Google rejects Viacom's copyright claims
by JEREMY KIRK
Macworld UK, publication date: 2 May 2007
"A cornerstone of Google's defense will be the Digital Millennium Copyright Act (DMCA), which has safe harbour provisions that relieve carriers and hosting providers from responsibility for copyright offences as long as they remove the material.
'By seeking to make carriers and hosting providers liable for Internet communications, Viacom's complaint threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression,' Google said in its response."
Thursday, May 03, 2007
Lawyers: The True Beneficiaries of Copyright Law
Lawyers: The True Beneficiaries of Copyright Law
by ELIOT VAN BUSKIRK
Epicenter (Wired blogs), publication date: 2 May 2007
"The executive told me that between regional coding issues, copyright protection such as HD-DVD, the webcasting royalty rate debate, and everything else going on with copyright these days, the best thing to study right now would be copyright law, because it's going to take a whole generation of lawyers to unravel this mess."
by ELIOT VAN BUSKIRK
Epicenter (Wired blogs), publication date: 2 May 2007
"The executive told me that between regional coding issues, copyright protection such as HD-DVD, the webcasting royalty rate debate, and everything else going on with copyright these days, the best thing to study right now would be copyright law, because it's going to take a whole generation of lawyers to unravel this mess."
Copyright and scientific papers
Galactic Interactions : Copyright and scientific papers
by ROB KNOP
Galactic Interactions (Science blogs), publication date: 1 May 2007
"Scientists do not need, and indeed should not have, exclusive (or any) control over who can copy their papers, and who can make derivative works of their papers.
The very progress of science is based on derivative works! It is absolutely essential that somebody else who attempts to reproduce your experiment be able to publish results that you don't like if those are the results they have. Standard copyright, however, gives the copyright holders of a paper at least a plausible legal basis on which to challenge the publication of a paper that attempts to reproduce the results— clearly a derivative work!"
by ROB KNOP
Galactic Interactions (Science blogs), publication date: 1 May 2007
"Scientists do not need, and indeed should not have, exclusive (or any) control over who can copy their papers, and who can make derivative works of their papers.
The very progress of science is based on derivative works! It is absolutely essential that somebody else who attempts to reproduce your experiment be able to publish results that you don't like if those are the results they have. Standard copyright, however, gives the copyright holders of a paper at least a plausible legal basis on which to challenge the publication of a paper that attempts to reproduce the results— clearly a derivative work!"
EU presses China for 'results' in WTO talks over copyright piracy
EU presses China for 'results' in WTO talks over copyright piracy
EUbusiness, publication date: 2 May 2007
"Commission spokesman Peter Power said the EU had joined the US case against China at the World Trade Organisation as an observer, as several other countries had done."
EUbusiness, publication date: 2 May 2007
"Commission spokesman Peter Power said the EU had joined the US case against China at the World Trade Organisation as an observer, as several other countries had done."
SPARC Open Access Newsletter issue #109
SPARC Open Access Newsletter issue #109
by PETER SUBER
SPARC Open Access Newsletter, publication date: 2 May 2007
"There is a rising awareness of intellectual property issues in the general public, rising impatience with unbalanced copyright laws, and rising support for remedies by governments (legislation) and individuals (CC licenses). Copyright laws are still grotesquely unbalanced, and powerful corporations who benefit from the imbalance are fighting to insure that the laws are not revised in the right direction any time soon. But in most countries an aroused public is ready to fight to insure that they are not revised in the wrong direction either, something we haven't seen in the entire history of intellectual property law.
However, this only guarantees that the content industry will have a fight, not that users and consumers will win. Just last week (April 25) we lost the first-reading vote in the EU parliament on the Second Intellectual Property Rights Enforcement Directive (IPRED2). But at least there was significant opposition and the bill has not yet been adopted.
...
Some lazy students believe that if something is not free online, then it's not worth reading. This has never been true. However, it's gradually becoming true and those who want it to become true can accelerate the process. Those who want to live in a world where all peer-reviewed journal literature is free online are themselves growing in numbers and will soon have the power in universities, libraries, learned societies, publishers, funding agencies, and governments to bring it about. "
by PETER SUBER
SPARC Open Access Newsletter, publication date: 2 May 2007
"There is a rising awareness of intellectual property issues in the general public, rising impatience with unbalanced copyright laws, and rising support for remedies by governments (legislation) and individuals (CC licenses). Copyright laws are still grotesquely unbalanced, and powerful corporations who benefit from the imbalance are fighting to insure that the laws are not revised in the right direction any time soon. But in most countries an aroused public is ready to fight to insure that they are not revised in the wrong direction either, something we haven't seen in the entire history of intellectual property law.
However, this only guarantees that the content industry will have a fight, not that users and consumers will win. Just last week (April 25) we lost the first-reading vote in the EU parliament on the Second Intellectual Property Rights Enforcement Directive (IPRED2). But at least there was significant opposition and the bill has not yet been adopted.
...
Some lazy students believe that if something is not free online, then it's not worth reading. This has never been true. However, it's gradually becoming true and those who want it to become true can accelerate the process. Those who want to live in a world where all peer-reviewed journal literature is free online are themselves growing in numbers and will soon have the power in universities, libraries, learned societies, publishers, funding agencies, and governments to bring it about. "
Wednesday, May 02, 2007
Geeks Will Not Be Silenced: Breaking: Digg Riot in Full Effect Over Pulled HD-DVD Key Story
Geeks Will Not Be Silenced: Breaking: Digg Riot in Full Effect Over Pulled HD-DVD Key Story
by MATT BUCHANAN
Gizmodo, publication date: 2 May 2007
"The power of Web 2.0 is in full effect over at Digg, where users are revolting over Digg's decision to pull a story (that netted over 15,000 diggs) and reportedly boot a user for posting the HD-DVD AACS Processing Key number, which would allow someone to crack the copy protection on an HD-DVD."
by MATT BUCHANAN
Gizmodo, publication date: 2 May 2007
"The power of Web 2.0 is in full effect over at Digg, where users are revolting over Digg's decision to pull a story (that netted over 15,000 diggs) and reportedly boot a user for posting the HD-DVD AACS Processing Key number, which would allow someone to crack the copy protection on an HD-DVD."
Monday, April 30, 2007
Feeding the Reader: New Ways to Monitor Library Regulations and Court Filings for Free
Feeding the Reader: New Ways to Monitor Library Regulations and Court Filings for Free
MARY MINOW interviews Stacy Stern of Justia
LibraryLaw Blog, publication date: 28 April 2007
This is very exciting for anyone who's ever struggled to get their hands on the full text of filings in an important case. Read the court filings for important copyright cases as they happen. Also includes a regulation tracker.
"We are making the federal civil district filings online available for free for the first time. Filings are categorized by state, federal district court and legal practice area, and include the presiding judge and cause of action information for each case. Visitors can subscribe for free to RSS feeds of new cases that meet specific criteria, or to RSS feeds for customized searches. For example, with an RSS feed, visitors can track new Federal Court patent cases, cases that are filed in a specific court or cases filed against a particular company."
MARY MINOW interviews Stacy Stern of Justia
LibraryLaw Blog, publication date: 28 April 2007
This is very exciting for anyone who's ever struggled to get their hands on the full text of filings in an important case. Read the court filings for important copyright cases as they happen. Also includes a regulation tracker.
"We are making the federal civil district filings online available for free for the first time. Filings are categorized by state, federal district court and legal practice area, and include the presiding judge and cause of action information for each case. Visitors can subscribe for free to RSS feeds of new cases that meet specific criteria, or to RSS feeds for customized searches. For example, with an RSS feed, visitors can track new Federal Court patent cases, cases that are filed in a specific court or cases filed against a particular company."
Friday, April 27, 2007
Legal Issues and User-Generated Content
Legal Issues and User-Generated Content
via madisonian.net, 27 April 2007
from the linked report: "The group found common points of agreement:
• Participatory video is a vigorous new phenomenon that is promising both for free speech and for new business opportunities; however, it is in its embryonic stages and needs to develop.
• Existing copyright management techniques are either poorly exploited (fair use) or imperiled (section 512).
• Finding successful ways to manage unauthorized use is critical to keeping existing spaces for new opportunities for public expression and for business growth."
via madisonian.net, 27 April 2007
from the linked report: "The group found common points of agreement:
• Participatory video is a vigorous new phenomenon that is promising both for free speech and for new business opportunities; however, it is in its embryonic stages and needs to develop.
• Existing copyright management techniques are either poorly exploited (fair use) or imperiled (section 512).
• Finding successful ways to manage unauthorized use is critical to keeping existing spaces for new opportunities for public expression and for business growth."
Jack Valenti
Jack Valenti
by WILLIAM PATRY
The Patry Copyright Blog, publication date: 27 April 2007
"But no one should mistake that for his real self. He was a gentleman in the old school sense who always kept his word and called it as he saw it. I am deeply honored to have known him. May he rest in peace."
by WILLIAM PATRY
The Patry Copyright Blog, publication date: 27 April 2007
"But no one should mistake that for his real self. He was a gentleman in the old school sense who always kept his word and called it as he saw it. I am deeply honored to have known him. May he rest in peace."
Thursday, April 26, 2007
EU Copyright Group Seeks Solutions to Digitisation Roadblocks
EU Copyright Group Seeks Solutions to Digitisation Roadblocks
by DUGIE STANDEFORD
Intellectual Property Watch, publication date: 20 April 2007
"Problems related to digital preservation, orphan works and out-of-print materials must be resolved if European Commission plans to digitise and make accessible Europe’s cultural heritage are to succeed, copyright experts said in an 18 April report."
by DUGIE STANDEFORD
Intellectual Property Watch, publication date: 20 April 2007
"Problems related to digital preservation, orphan works and out-of-print materials must be resolved if European Commission plans to digitise and make accessible Europe’s cultural heritage are to succeed, copyright experts said in an 18 April report."
Ohio U. Restricts File Sharing
Ohio U. Restricts File Sharing
by ELIZABETH REDDEN
Inside Higher Ed, publication date: 26 April 2007
"Ohio University employees will begin monitoring the network Friday for use of such file sharing programs as Ares, Azureus, BitTorrent, BitLord, KaZaA, LimeWire, Shareaza and uTorrent. Any use of peer-to-peer technology under the new policy could result in a loss of Internet access and, upon the second offense, a disciplinary referral — although it’s important to note that the university will be phasing the policy in on a flexible, still undetermined time frame, targeting the biggest users first, according to Sally Linder, a university spokeswoman.
Individuals seeking to use the software for legitimate purposes, such as exchange of data for a research project, must petition for an exemption from the university’s peer-to-peer sharing block, and be ready to explain their specific needs."
by ELIZABETH REDDEN
Inside Higher Ed, publication date: 26 April 2007
"Ohio University employees will begin monitoring the network Friday for use of such file sharing programs as Ares, Azureus, BitTorrent, BitLord, KaZaA, LimeWire, Shareaza and uTorrent. Any use of peer-to-peer technology under the new policy could result in a loss of Internet access and, upon the second offense, a disciplinary referral — although it’s important to note that the university will be phasing the policy in on a flexible, still undetermined time frame, targeting the biggest users first, according to Sally Linder, a university spokeswoman.
Individuals seeking to use the software for legitimate purposes, such as exchange of data for a research project, must petition for an exemption from the university’s peer-to-peer sharing block, and be ready to explain their specific needs."
Spy Act Only Protects Vendors and Their DRM
Spy Act Only Protects Vendors and Their DRM
by ED FOSTER
InfoWorld, publication date: 24 April 2007
"In other words, it's perfectly OK for basically any vendor you do business with, or maybe thinks you do business with them for that matter, to use any of the deceptive practices the bill prohibits to load spyware on your computer. The company doesn't have to give you notice and it can collect whatever information it thinks necessary to make sure there's no funny business going on. And by the way, another exception provision specifically protects computer manufacturers from any liability for spyware they load on your computer before they send it to you. Of course, the exception for software companies checking to make sure you're an authorized user is the strongest evidence of what this bill is all about. After all, in terms of function, there's not much difference between spyware and DRM. Too bad for Sony this bill wasn't already the law when its rootkit-infected CDs came to light."
by ED FOSTER
InfoWorld, publication date: 24 April 2007
"In other words, it's perfectly OK for basically any vendor you do business with, or maybe thinks you do business with them for that matter, to use any of the deceptive practices the bill prohibits to load spyware on your computer. The company doesn't have to give you notice and it can collect whatever information it thinks necessary to make sure there's no funny business going on. And by the way, another exception provision specifically protects computer manufacturers from any liability for spyware they load on your computer before they send it to you. Of course, the exception for software companies checking to make sure you're an authorized user is the strongest evidence of what this bill is all about. After all, in terms of function, there's not much difference between spyware and DRM. Too bad for Sony this bill wasn't already the law when its rootkit-infected CDs came to light."
Judge Denies RIAA "Reconsideration" Motion in Capitol v. Foster, Calls Plaintiffs' Counsel "Disingenuous", Motives "Questionable"
Judge Denies RIAA "Reconsideration" Motion in Capitol v. Foster, Calls Plaintiffs' Counsel "Disingenuous", Motives "Questionable"
Recording Industry vs. The People, publication date: 24 April 2007
"The Judge labeled as 'disingenuous' the RIAA's contention that had it not moved to dismiss the case, it could have proved secondary liability on defendant's part:"
Recording Industry vs. The People, publication date: 24 April 2007
"The Judge labeled as 'disingenuous' the RIAA's contention that had it not moved to dismiss the case, it could have proved secondary liability on defendant's part:"
Saturday, April 14, 2007
Transcripts for Jan 31 Section 108 Study Group roundtable online
Transcripts for Jan 31 Section 108 Study Group roundtable online
Just today realized that the transcripts from the Section 108 Study Group Chicago Roundtable (January 31, 2007) were posted on February 23.
Just today realized that the transcripts from the Section 108 Study Group Chicago Roundtable (January 31, 2007) were posted on February 23.
Notice of Roundtable on the World Intellectual Property Organization (WIPO) Treaty On the Protection of the Rights of Broadcasting Organizations
Notice of Roundtable on the World Intellectual Property Organization (WIPO) Treaty On the Protection of the Rights of Broadcasting Organizations
Federal Register, publication date: 12 April 2007
"The United States Copyright Office and the United States Patent and Trademark Office (USPTO) announce a public roundtable discussion concerning the work at the World Intellectual Property Organization (WIPO) in the Standing Committee on Copyright and Related Rights (SCCR) on a proposed Treaty on the Protection of the Rights of Broadcasting Organizations. Members of the public are invited to attend and observe the roundtable, or to participate in the roundtable discussion, on the topics outlined in the supplementary information section of this notice"
Federal Register, publication date: 12 April 2007
"The United States Copyright Office and the United States Patent and Trademark Office (USPTO) announce a public roundtable discussion concerning the work at the World Intellectual Property Organization (WIPO) in the Standing Committee on Copyright and Related Rights (SCCR) on a proposed Treaty on the Protection of the Rights of Broadcasting Organizations. Members of the public are invited to attend and observe the roundtable, or to participate in the roundtable discussion, on the topics outlined in the supplementary information section of this notice"
Monday, April 09, 2007
Recording, movie industries lobby for permission to deceive
Recording, movie industries lobby for permission to deceive
by DAWN C. CHMIELEWSKI and MARC LIFSHER
Los Angeles Times, publication date: 7 April 2007
"The California Senate is considering a bill that would strengthen state privacy laws by banning the use of false statements and other misleading practices to get personal information. The tactic, known as pretexting, created a firestorm of criticism when detectives hired by Hewlett-Packard Co. used it last year to obtain phone records of board members, journalists and critics.
But the Recording Industry Assn. of America and the Motion Picture Assn. of America say they sometimes need to use subterfuge as they pursue bootleggers in flea markets and on the Internet."
by DAWN C. CHMIELEWSKI and MARC LIFSHER
Los Angeles Times, publication date: 7 April 2007
"The California Senate is considering a bill that would strengthen state privacy laws by banning the use of false statements and other misleading practices to get personal information. The tactic, known as pretexting, created a firestorm of criticism when detectives hired by Hewlett-Packard Co. used it last year to obtain phone records of board members, journalists and critics.
But the Recording Industry Assn. of America and the Motion Picture Assn. of America say they sometimes need to use subterfuge as they pursue bootleggers in flea markets and on the Internet."
Tuesday, March 20, 2007
MIT Drops DRM-Laden Journal Subscription
MIT Drops DRM-Laden Journal Subscription
MIT Library News, publication date 16 March 2007
"The MIT Libraries have canceled access to the Society of Automotive Engineers’ web-based database of technical papers, rejecting the SAE’s requirement that MIT accept the imposition of Digital Rights Management (DRM) technology.
SAE’s DRM technology severely limits use of SAE papers and imposes unnecessary burdens on readers. With this technology, users must download a DRM plugin, Adobe’s “FileOpen,” in order to read SAE papers. This plugin limits use to on-screen viewing and making a single printed copy, and does not work on Linux or Unix platforms".
MIT Library News, publication date 16 March 2007
"The MIT Libraries have canceled access to the Society of Automotive Engineers’ web-based database of technical papers, rejecting the SAE’s requirement that MIT accept the imposition of Digital Rights Management (DRM) technology.
SAE’s DRM technology severely limits use of SAE papers and imposes unnecessary burdens on readers. With this technology, users must download a DRM plugin, Adobe’s “FileOpen,” in order to read SAE papers. This plugin limits use to on-screen viewing and making a single printed copy, and does not work on Linux or Unix platforms".
Saturday, March 17, 2007
Another brick in the copyright wall
Another brick in the copyright wall
by STEVE JOHNSON
Chicago Tribune, publication date: 16 March 2007
"Viacom's legal action, undertaken after it and YouTube couldn't come to an agreement, probably signifies the long-simmering copyright question coming to a boil. What the courts may settle is this: Is copyright ownership enduring and inviolate, as old media companies believe? Or is it a more transitory function that technology is overrunning anyway, even as its weakening will ultimately be good for everyone?"
by STEVE JOHNSON
Chicago Tribune, publication date: 16 March 2007
"Viacom's legal action, undertaken after it and YouTube couldn't come to an agreement, probably signifies the long-simmering copyright question coming to a boil. What the courts may settle is this: Is copyright ownership enduring and inviolate, as old media companies believe? Or is it a more transitory function that technology is overrunning anyway, even as its weakening will ultimately be good for everyone?"
Friday, March 16, 2007
Adobe Steps Back From ALM Precipice
Adobe Steps Back From ALM Precipice
by ED FOSTER
Ed Fosters Gripelog, InfoWorld, publication date: 12 March 2007
"So why did Adobe change its mind? From what I've been hearing from readers, it appears that customers made it clear they weren't going to accept vendor-specific licensing tools. 'From what we've seen, Adobe did a reasonable job in keeping ALM relatively unobtrusive,' wrote one reader after his company had finished its analysis of ALM. 'But there's a slippery slope if we go down that road. What if 18 months from now Adobe's having a bad quarter and needs a quick boost to revenues? Will they hold to the privacy promises they're making now about not giving the sales side your licensing data? So we've told Adobe we won't be moving to 8.0 or any other product that's going to require ALM.'"
by ED FOSTER
Ed Fosters Gripelog, InfoWorld, publication date: 12 March 2007
"So why did Adobe change its mind? From what I've been hearing from readers, it appears that customers made it clear they weren't going to accept vendor-specific licensing tools. 'From what we've seen, Adobe did a reasonable job in keeping ALM relatively unobtrusive,' wrote one reader after his company had finished its analysis of ALM. 'But there's a slippery slope if we go down that road. What if 18 months from now Adobe's having a bad quarter and needs a quick boost to revenues? Will they hold to the privacy promises they're making now about not giving the sales side your licensing data? So we've told Adobe we won't be moving to 8.0 or any other product that's going to require ALM.'"
Wednesday, March 14, 2007
Dear Library of Congress...
Dear Library of Congress...
by KAREN SCHNEIDER
ALA TechSource, publication date: 7 March 2007
"It is both ironic and poignant that librarians are still worrying about “bibliographic control,” after ceding so much of the same to the companies that now rent them journal access per annum at usurious rates, digitize their book collections into DRM obscurity, or sell them ponderous, antiquated “management” systems that on close inspection do little more than serve as storehouses for the metadata specific to the formats of bygone eras, bold days when we saw our central roles as defenders and curators of our cultural heritage.
We have moved from the librarian as information artisan—a professional creating and using tools to manage information—to the librarian as surrogate vendor, facilitating what is essentially the offshoring of thousands of years of information into private hands. "
by KAREN SCHNEIDER
ALA TechSource, publication date: 7 March 2007
"It is both ironic and poignant that librarians are still worrying about “bibliographic control,” after ceding so much of the same to the companies that now rent them journal access per annum at usurious rates, digitize their book collections into DRM obscurity, or sell them ponderous, antiquated “management” systems that on close inspection do little more than serve as storehouses for the metadata specific to the formats of bygone eras, bold days when we saw our central roles as defenders and curators of our cultural heritage.
We have moved from the librarian as information artisan—a professional creating and using tools to manage information—to the librarian as surrogate vendor, facilitating what is essentially the offshoring of thousands of years of information into private hands. "
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