Oregon: Ground Zero in fight between RIAA, alleged music pirates?
by Jaikumar Vijayan
Computer World, publication date: 30 November 2007
"The state Attorney General's office this week filed an appeal in U.S. District Court in Oregon calling for an immediate investigation of the evidence presented by the RIAA when it subpoenaed the identities of 17 students at the University of Oregon who allegedly infringed music copyrights. It is the second time in a month that Oregon Attorney General Hardy Myers has resisted attempts by the RIAA to force the university to turn over the names of individuals it says shared music illegally."
Saturday, December 01, 2007
Sunday, November 25, 2007
Conditions for the Digital Library of Alexandria
Conditions for the Digital Library of Alexandria
by FRANK PASQUALE
madisonian.net, publication date: 23 November 2007
"Given the diciness of the fair use case for projects like Google Book Search, courts should condition the legality of such archiving of copyrighted content on universal access to the contents of the resulting database. Landmark cases like Sony v. Universal have set a precedent for taking such broad public interests into account in the course of copyright litigation."
See also: interesting reply by James Grimmelman to the version of this post on Concurring Opinions
by FRANK PASQUALE
madisonian.net, publication date: 23 November 2007
"Given the diciness of the fair use case for projects like Google Book Search, courts should condition the legality of such archiving of copyrighted content on universal access to the contents of the resulting database. Landmark cases like Sony v. Universal have set a precedent for taking such broad public interests into account in the course of copyright litigation."
See also: interesting reply by James Grimmelman to the version of this post on Concurring Opinions
Saturday, November 24, 2007
Amazon-sized egos? Kindle reader to shun IDPF e-book standard? And, yes, the ugly box is the FINAL design
Amazon-sized egos? Kindle reader to shun IDPF e-book standard? And, yes, the ugly box is the FINAL design
by DAVID ROTHMAN
Publishers Weekly blog, publication date: 17 November 2007
"Of course, the core format is just part of the fun. Current .epub standards do not provide for DRM interoperability among vendors, without which .epub compatibility at the consumer level will mean squat if “protection” is used. And what about the same concept in regard to Mobipocket itself? Is it possible that Amazon will use Mobi on the Kindle but with one-of-a-kind DRM for the machine? I’d hope not."
by DAVID ROTHMAN
Publishers Weekly blog, publication date: 17 November 2007
"Of course, the core format is just part of the fun. Current .epub standards do not provide for DRM interoperability among vendors, without which .epub compatibility at the consumer level will mean squat if “protection” is used. And what about the same concept in regard to Mobipocket itself? Is it possible that Amazon will use Mobi on the Kindle but with one-of-a-kind DRM for the machine? I’d hope not."
Saturday, September 15, 2007
Copyright Catastrophe?
Copyright Catastrophe?
by Joy Austria and AJ Hannah
First Monday, publication date: September 2007
An interview with Siva Vaidhyanathan, a strong critic of the “Googlization” of libraries and copyright law. Mr. Vaidhyanathan, argues that Google’s library-scanning project could cause a copyright catastrophe by casting doubt on fair-use doctrine. (The interview is available as a podcast and as a written transcript.)
by Joy Austria and AJ Hannah
First Monday, publication date: September 2007
An interview with Siva Vaidhyanathan, a strong critic of the “Googlization” of libraries and copyright law. Mr. Vaidhyanathan, argues that Google’s library-scanning project could cause a copyright catastrophe by casting doubt on fair-use doctrine. (The interview is available as a podcast and as a written transcript.)
Sunday, September 09, 2007
SPARC letter to members on the PRISM anti-open access effort
SPARC letter to members on the PRISM anti-open access effort
by HEATHER JOSEPH
Association of Research Libraries, Scholarly Publishing and Academic Resources Coalition (SPARC), publication date: 6 September 2007
"This campaign is clearly focused on the preservation of the status quo in scholarly publishing, (along with the attendant revenues), and not on ensuring that scientific research results are distributed and used as widely as possible. The launch of this initiative provides a timely opportunity for engaging faculty members, researchers, students and administrators in dialogue on important issues in scholarly communications.
To assist in this conversation, the Association of Research Libraries has prepared a series of talking points that explicitly address each of the PRISM messages listed above. These very useful talking points can be found at http://www.arl.org/bm~doc/issue-brief-aap-pr-prism.pdf."
by HEATHER JOSEPH
Association of Research Libraries, Scholarly Publishing and Academic Resources Coalition (SPARC), publication date: 6 September 2007
"This campaign is clearly focused on the preservation of the status quo in scholarly publishing, (along with the attendant revenues), and not on ensuring that scientific research results are distributed and used as widely as possible. The launch of this initiative provides a timely opportunity for engaging faculty members, researchers, students and administrators in dialogue on important issues in scholarly communications.
To assist in this conversation, the Association of Research Libraries has prepared a series of talking points that explicitly address each of the PRISM messages listed above. These very useful talking points can be found at http://www.arl.org/bm~doc/issue-brief-aap-pr-prism.pdf."
HD VMD to Battle Blu-ray Disc and HD DVD
HD VMD to Battle Blu-ray Disc and HD DVD
by ALAN STAFFORD
PC World, publication date: 8 September 2007
"At the Custom Electronic Design & Installation Association (CEDIA) trade show in Denver, a company promoting a new high-definition optical disc format demonstrated set-top players and high-definition movies that cost far less than ones that use the competing Blu-ray Disc or HD DVD formats. The only faux pas: Arriving late to a two-party format war that consumers are already reluctant to support.
Next month, New Medium Enterprises' 1080p set-top players, which use the HD VMD (Versatile Multilayer Disc) format, will go on sale..."
by ALAN STAFFORD
PC World, publication date: 8 September 2007
"At the Custom Electronic Design & Installation Association (CEDIA) trade show in Denver, a company promoting a new high-definition optical disc format demonstrated set-top players and high-definition movies that cost far less than ones that use the competing Blu-ray Disc or HD DVD formats. The only faux pas: Arriving late to a two-party format war that consumers are already reluctant to support.
Next month, New Medium Enterprises' 1080p set-top players, which use the HD VMD (Versatile Multilayer Disc) format, will go on sale..."
The First Close Look at Colleges' Digital Pirates
The First Close Look at Colleges' Digital Pirates
by BROCK READ
The Chronicle of Higher Education (subscription required), publication date: 7 September 2007
Ms. Elzy and Mr. Arbogast wanted financial support from the industry, and they got it. The Digital Citizen Project, as Illinois State calls it, has benefited from considerable entertainment-industry financing, including an influx ofseveral hundred thousand dollars that came shortly after the meeting. . Later, Illinois State secured promises that the information the university collects will not be used to prosecute students.
So the university opened up its campus network, collecting never-before-seen data on what files students were swapping and how they share them. It has started to survey students' opinions on copyright, hoping that a scholarly study will reveal how they can be persuaded not to download illegally. It is also working to create a sort of Consumer Reports for antipiracy tools, testing both legal downloading services and technology designed to block peer-to-peer file sharing.
by BROCK READ
The Chronicle of Higher Education (subscription required), publication date: 7 September 2007
Ms. Elzy and Mr. Arbogast wanted financial support from the industry, and they got it. The Digital Citizen Project, as Illinois State calls it, has benefited from considerable entertainment-industry financing, including an influx ofseveral hundred thousand dollars that came shortly after the meeting. . Later, Illinois State secured promises that the information the university collects will not be used to prosecute students.
So the university opened up its campus network, collecting never-before-seen data on what files students were swapping and how they share them. It has started to survey students' opinions on copyright, hoping that a scholarly study will reveal how they can be persuaded not to download illegally. It is also working to create a sort of Consumer Reports for antipiracy tools, testing both legal downloading services and technology designed to block peer-to-peer file sharing.
Saturday, August 11, 2007
Higher ed institutions copyright policy requirement introduced in draft legislation amending Title 20
Copyright policy requirement introduced in draft legislation amending Title 20
Bill summary via THOMAS, passed in Senate 7/24/07, received in House 7/26/07
The extension of the Higher Education Act of 1965 includes proposed changes to section 1092, Institutional and financial assistance information for students (this is a link to the text as it reads now). Adds a new requirement that institutions include copyright policies in the information disseminated annually to students. The text of the proposed addition:
`(P) institutional policies and sanctions related to copyright infringement, including--
`(i) an annual disclosure that explicitly informs students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;
`(ii) a summary of the penalties for violation of Federal copyright laws;
`(iii) a description of the institution's policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in unauthorized distribution of copyrighted materials using the institution's information technology system; and
`(iv) a description of actions that the institution takes to prevent and detect unauthorized distribution of copyrighted material on the institution's information technology system;'
[updated 8/11/07 5:43pmCT to correct House/Senate action dates]
Bill summary via THOMAS, passed in Senate 7/24/07, received in House 7/26/07
The extension of the Higher Education Act of 1965 includes proposed changes to section 1092, Institutional and financial assistance information for students (this is a link to the text as it reads now). Adds a new requirement that institutions include copyright policies in the information disseminated annually to students. The text of the proposed addition:
`(P) institutional policies and sanctions related to copyright infringement, including--
`(i) an annual disclosure that explicitly informs students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;
`(ii) a summary of the penalties for violation of Federal copyright laws;
`(iii) a description of the institution's policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in unauthorized distribution of copyrighted materials using the institution's information technology system; and
`(iv) a description of actions that the institution takes to prevent and detect unauthorized distribution of copyrighted material on the institution's information technology system;'
[updated 8/11/07 5:43pmCT to correct House/Senate action dates]
Sunday, July 29, 2007
Copycrime bill raises its ugly head, again
Copycrime bill raises its ugly head, again
Electronic Frontier Foundation publication date: 26 July 2007
"Two months ago, the Justice Department floated draft legislation to expand the scope of, and stiffen the penalties for, criminal copyright infringement, and now a related bill has been introduced in the House."
Electronic Frontier Foundation publication date: 26 July 2007
"Two months ago, the Justice Department floated draft legislation to expand the scope of, and stiffen the penalties for, criminal copyright infringement, and now a related bill has been introduced in the House."
Saturday, July 21, 2007
Apple patent for charger DRM
Apple patent for charger DRM
by MAT LU
The Unofficial Apple Weblog, publication date: 21 July 2007
According to the New Scientist, Apple has filed for a patent on a new security measure for mobile devices. Basically, it involves locking a mobile device to a particular charging cable so that if it's stolen, it won't recharge when plugged into another cable.
by MAT LU
The Unofficial Apple Weblog, publication date: 21 July 2007
According to the New Scientist, Apple has filed for a patent on a new security measure for mobile devices. Basically, it involves locking a mobile device to a particular charging cable so that if it's stolen, it won't recharge when plugged into another cable.
Readin', Rattin', 'Rithmetic: RIAA wants colleges and universities to do their dirty work
Readin', Rattin', 'Rithmetic: RIAA wants colleges and universities to do their dirty work
by SHERWIN SIY
Public Knowledge, publication date: 20 July 2007
EDUCAUSE points us to this amendment, to be proposed by Senator Harry Reid (D-NV). (EDUCAUSE’s take on the measure is posted below.) It conditions federal money for colleges on colleges putting DRM on their networks and compiling reports on these measures for the Secretary of Education. It also calls for the Secretary to report on which colleges get the most accusations of infringement from copyright holders.
by SHERWIN SIY
Public Knowledge, publication date: 20 July 2007
EDUCAUSE points us to this amendment, to be proposed by Senator Harry Reid (D-NV). (EDUCAUSE’s take on the measure is posted below.) It conditions federal money for colleges on colleges putting DRM on their networks and compiling reports on these measures for the Secretary of Education. It also calls for the Secretary to report on which colleges get the most accusations of infringement from copyright holders.
Thursday, June 21, 2007
Copyright events at ALA
Among the many excellent programs at the American Library Association Annual Conference this weekend will be these two:
Legal Challenges to Digitization Projects: Adopting Orphan Works. This program is scheduled for Sunday, June 24, 10:30 am - 12:00 pm and will take place at the Renaissance Mayflower Colonial Room.
The speakers are:
Denise Troll Covey, Principal Librarian for Special Projects, Carnegie Mellon University,
Peter B. Hirtle, Intellectual Property Officer and Technology Strategist, Cornell University Library,
Douglas Knox, Interim Director, Dr. William M. Scholl Center for Family and Community History, the Newberry Library.
Miriam M. Nisbet, ALA Legislative Counsel.
AND
Copyright 101: Everything You Ever Wanted to Know But Were Afraid
to Ask
Monday, June 25 at the Marriott
at Metro Center, Rm: Salon D/1:30 - 3:30pm
This is a group poster session covering these topics:
1. Copyright: A Limited, Statutory Monopoly—Exclusive Rights & Limitations
2. Interlibrary Loan
3. Electronic Reserves for Text and Media
4. International Copyright: How Does It Work?
5. Fair Use 101
6. Preservation & Replacement
7. Copyright Advisory Network (www.librarycopyright.net)
8. Copyright Term and the Public Domain
9. Copyright in the Digital Age: Developing Resources for Your Academic
Community
10. Retaining Your Copyright: Author’s Rights
Legal Challenges to Digitization Projects: Adopting Orphan Works. This program is scheduled for Sunday, June 24, 10:30 am - 12:00 pm and will take place at the Renaissance Mayflower Colonial Room.
The speakers are:
Denise Troll Covey, Principal Librarian for Special Projects, Carnegie Mellon University,
Peter B. Hirtle, Intellectual Property Officer and Technology Strategist, Cornell University Library,
Douglas Knox, Interim Director, Dr. William M. Scholl Center for Family and Community History, the Newberry Library.
Miriam M. Nisbet, ALA Legislative Counsel.
AND
Copyright 101: Everything You Ever Wanted to Know But Were Afraid
to Ask
Monday, June 25 at the Marriott
at Metro Center, Rm: Salon D/1:30 - 3:30pm
This is a group poster session covering these topics:
1. Copyright: A Limited, Statutory Monopoly—Exclusive Rights & Limitations
2. Interlibrary Loan
3. Electronic Reserves for Text and Media
4. International Copyright: How Does It Work?
5. Fair Use 101
6. Preservation & Replacement
7. Copyright Advisory Network (www.librarycopyright.net)
8. Copyright Term and the Public Domain
9. Copyright in the Digital Age: Developing Resources for Your Academic
Community
10. Retaining Your Copyright: Author’s Rights
Wednesday, June 13, 2007
Library Groups Rally for Cablevision
Library Groups Rally for Cablevision
by ANDREA FOSTER
The Wired Campus blog, publication date: 12 June 2007
"The American Library Association denounced the decision. "If the district court's decision is upheld, libraries will not be able to serve their patrons in the most efficient and effective manner possible," Miriam Nisbet, the ALA's legislative counsel, said in a prepared statement Monday."
by ANDREA FOSTER
The Wired Campus blog, publication date: 12 June 2007
"The American Library Association denounced the decision. "If the district court's decision is upheld, libraries will not be able to serve their patrons in the most efficient and effective manner possible," Miriam Nisbet, the ALA's legislative counsel, said in a prepared statement Monday."
Thursday, June 07, 2007
Copyright Silliness on Campus
Copyright Silliness on Campus
by FRED VON LOHMANN
Washington Post, publication date: 6 June 2007
"The House committees responsible for copyright and education wrote a joint letter May 1 scolding the presidents of 19 major American universities, demanding that each school respond to a six-page questionnaire detailing steps it has taken to curtail illegal music and movie file-sharing on campus. One of the questions -- 'Does your institution expel violating students?' -- shows just how out-of-control the futile battle against campus downloading has become."
by FRED VON LOHMANN
Washington Post, publication date: 6 June 2007
"The House committees responsible for copyright and education wrote a joint letter May 1 scolding the presidents of 19 major American universities, demanding that each school respond to a six-page questionnaire detailing steps it has taken to curtail illegal music and movie file-sharing on campus. One of the questions -- 'Does your institution expel violating students?' -- shows just how out-of-control the futile battle against campus downloading has become."
Thursday, May 03, 2007
Google rejects Viacom's copyright claims
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."
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."
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."
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