What's "distribution"?
by SUSAN CRAWFORD
Susan Crawford blog, publication date: 23 April 2005
"But this expanded distribution right does give another lever to content owners in negotiations with ISPs. If an ISP is able to see that some of its subscribers are operating servers or 'making available' electronic material to others on a largescale basis, then it may be deemed to know that uploading is happening and (presumptively) infringement of this newly expanded exclusive 'distribution' right is occuring."
Tuesday, April 26, 2005
HRCC Endorses the Digital Media Consumers' Rights Act
HRCC Endorses the Digital Media Consumers' Rights Act
Induce Act Blog (intellectual property law blog), publication date: 19 April 2005
Induce Act Blog (intellectual property law blog), publication date: 19 April 2005
Copyright proposals push security firms' panic buttons
Copyright proposals push security firms' panic buttons
by NEIL SUTTON
ITBusiness.ca, publication date: 25 April 2005
"The group takes issue with a proposed change to the act that would make it illegal to circumvent technological protection measures (TPMs).
'Legal protection for TPMs,' the letter states, 'is the equivalent of making screwdrivers illegal
because they can be used to break and enter. Good legislation targets the illegal act, not the legal tools the crook might use.'"
by NEIL SUTTON
ITBusiness.ca, publication date: 25 April 2005
"The group takes issue with a proposed change to the act that would make it illegal to circumvent technological protection measures (TPMs).
'Legal protection for TPMs,' the letter states, 'is the equivalent of making screwdrivers illegal
because they can be used to break and enter. Good legislation targets the illegal act, not the legal tools the crook might use.'"
Creating a Generation of Idiots
Creating a Generation of Idiots
by KJB
FilmForce, publication date: 22 April 2005
"Consumer advocacy groups and even the Electronic Frontier Foundation who usually fight bills like these have decided that it's one of those times to pick and choose your fights, opting to let this one through in order to focus on more potentially restrictive bills that are currently making their way through both houses."
by KJB
FilmForce, publication date: 22 April 2005
"Consumer advocacy groups and even the Electronic Frontier Foundation who usually fight bills like these have decided that it's one of those times to pick and choose your fights, opting to let this one through in order to focus on more potentially restrictive bills that are currently making their way through both houses."
Nikon's RAW photo encryption broken...twice
Nikon's RAW photo encryption broken...twice
by BARB DYBWAD
Engadget, publication date: 22 April 2005
"Coffin hopes his work will allow Adobe to support Nikon's file format in future versions of their Camera Raw software, but Adobe is still understandably hesitant about drawing a possible lawsuit under the Digital Millennium Copyright Act (DMCA). "
by BARB DYBWAD
Engadget, publication date: 22 April 2005
"Coffin hopes his work will allow Adobe to support Nikon's file format in future versions of their Camera Raw software, but Adobe is still understandably hesitant about drawing a possible lawsuit under the Digital Millennium Copyright Act (DMCA). "
Crime and Punishment, and Copyright
Crime and Punishment, and Copyright
by ED FOSTER
InfoWorld, publication date: 25 April 2005
"This was the thought I couldn't shake as I read last week about Congress passing an ugly hodgepodge of 'copyright protection' laws called the Family Entertainment and Copyright Act of 2005. Among other things, the law considerably lowers the standards for what constitutes criminal copyright infringement. Peer-to-peer file sharers deemed to have distributed $1,000 worth of movie or music files in a six-month period can face up to three years in prison."
by ED FOSTER
InfoWorld, publication date: 25 April 2005
"This was the thought I couldn't shake as I read last week about Congress passing an ugly hodgepodge of 'copyright protection' laws called the Family Entertainment and Copyright Act of 2005. Among other things, the law considerably lowers the standards for what constitutes criminal copyright infringement. Peer-to-peer file sharers deemed to have distributed $1,000 worth of movie or music files in a six-month period can face up to three years in prison."
Next-Gen DVD Encryption: Better, but Won't Stop Filesharing
Next-Gen DVD Encryption: Better, but Won't Stop Filesharing
by ED FELTEN
Freedom to Tinker, publication date: 18 April 2005
"The design of AACS seems aimed at limiting entry to the market for next-gen DVD players. It will probably succeed at that goal. What it won't do is prevent unauthorized filesharing of movies."
by ED FELTEN
Freedom to Tinker, publication date: 18 April 2005
"The design of AACS seems aimed at limiting entry to the market for next-gen DVD players. It will probably succeed at that goal. What it won't do is prevent unauthorized filesharing of movies."
Why Current Intellectual Property Law is So Wrong-Headed
Why Current Intellectual Property Law is So Wrong-Headed
by DAN GILLMOR
Dan Gillmor on Grassroots Journalism, Etc., publication date: 21 April 2005
"Boyle points out that there's money on the side of a less Draconian system than we have -- the technology industry dwarfs the entertainment cartel -- yet the law totally favors the entertainment side. "
by DAN GILLMOR
Dan Gillmor on Grassroots Journalism, Etc., publication date: 21 April 2005
"Boyle points out that there's money on the side of a less Draconian system than we have -- the technology industry dwarfs the entertainment cartel -- yet the law totally favors the entertainment side. "
Monday, April 25, 2005
DRM ban in France
DRM ban in France
Information Techology and the Law (course blog from Princeton), publication date: 24 April 2005
"The consumer had purchased a DVD featuring the movie and tried to make a private copy on videocassette so that he could watch the movie at his mother%u2019s house. According to French law, making a private copy of a purchased DVD is fair use and thus the consumer was denied his fair use by the DRM technology used on the DVDs. However, the court used a different argument to justify the ban. Namely, the court%u2019s decision was mainly based on findings that the DVD packaging was misinforming the user. The court explained that although the term %u201Ccopying is prohibited%u201D (copy prohib?e) was on the package, it was printed out in small letters and was not explicit enough. Accordingly, the court ordered that the producers of the movie remove the DRM on the DVDs within one month. "
Information Techology and the Law (course blog from Princeton), publication date: 24 April 2005
"The consumer had purchased a DVD featuring the movie and tried to make a private copy on videocassette so that he could watch the movie at his mother%u2019s house. According to French law, making a private copy of a purchased DVD is fair use and thus the consumer was denied his fair use by the DRM technology used on the DVDs. However, the court used a different argument to justify the ban. Namely, the court%u2019s decision was mainly based on findings that the DVD packaging was misinforming the user. The court explained that although the term %u201Ccopying is prohibited%u201D (copy prohib?e) was on the package, it was printed out in small letters and was not explicit enough. Accordingly, the court ordered that the producers of the movie remove the DRM on the DVDs within one month. "
Friday, April 22, 2005
The law and the real world, talk for Illinois OCLC Users copyright conference
The law and the real world, talk for Illinois OCLC Users copyright conference
by CLAIRE STEWART
publication date: 22 April 2005
"Digital library practice has evolved in the last ten years to embrace what the Research Libraries Group has called a use-neutral approach, which in essence says that, because we don’t know what our future users will have, and what they will need, we must impose as few layers of technology as possible between the user and the content. Digital Rights Management is technology layers on steroids."
by CLAIRE STEWART
publication date: 22 April 2005
"Digital library practice has evolved in the last ten years to embrace what the Research Libraries Group has called a use-neutral approach, which in essence says that, because we don’t know what our future users will have, and what they will need, we must impose as few layers of technology as possible between the user and the content. Digital Rights Management is technology layers on steroids."
Videotron ready to ID downloaders
Videotron ready to ID downloaders
by ANGELA PACIENZA
Canoe CNews, publication date: 21 April 2005
"Lawyers for the Canadian Recording Industry Association argued they need the identities of 29 people deemed 'large scale uploaders' in order to charge them with copyright infringement.
The five Internet service providers named in the case - Shaw Communications, Rogers Cable Communications, Bell Canada, Telus Communications and Videotron - can't divulge the information without a court order because privacy legislation requires them to keep customer information sealed"
by ANGELA PACIENZA
Canoe CNews, publication date: 21 April 2005
"Lawyers for the Canadian Recording Industry Association argued they need the identities of 29 people deemed 'large scale uploaders' in order to charge them with copyright infringement.
The five Internet service providers named in the case - Shaw Communications, Rogers Cable Communications, Bell Canada, Telus Communications and Videotron - can't divulge the information without a court order because privacy legislation requires them to keep customer information sealed"
Congress OKs bill to strip movie smut
Congress OKs bill to strip movie smut
by TED BRIDIS
Business Week, publication date: 19 April 2005
"Critics of the bill have argued it was aimed at helping one company, Utah-based ClearPlay Inc., whose technology is used in some DVD players to help parents filter inappropriate material by muting dialogue or skipping scenes. ClearPlay sells filters for hundreds of movies that can be added to such DVD players for $4.95 each month.
Hollywood executives have complained that ClearPlay's technology represents unauthorized editing of their movies. They maintain that ClearPlay should pay them licensing fees for altering their creative efforts."
by TED BRIDIS
Business Week, publication date: 19 April 2005
"Critics of the bill have argued it was aimed at helping one company, Utah-based ClearPlay Inc., whose technology is used in some DVD players to help parents filter inappropriate material by muting dialogue or skipping scenes. ClearPlay sells filters for hundreds of movies that can be added to such DVD players for $4.95 each month.
Hollywood executives have complained that ClearPlay's technology represents unauthorized editing of their movies. They maintain that ClearPlay should pay them licensing fees for altering their creative efforts."
Fox, IBM Join In Copyright Protection For Home Networks
Fox, IBM Join In Copyright Protection For Home Networks
by ANTONE GONSALVES
Internet Week, publication date: 18 April 2005
"Current technology allows consumer-electronic devices to share digital content, as long as the devices are part of a closed network. The technology, however, breaks down when the network gets too complex, such as with the addition of multiple wireless-access points, Stefan Nusser, an IBM research manager, said."
...
"Metro coding is not meant to replace digital-rights management technology used in preventing illegal copying of digital content, Nusser said. The new technology would be used as a complement to DRM software."
by ANTONE GONSALVES
Internet Week, publication date: 18 April 2005
"Current technology allows consumer-electronic devices to share digital content, as long as the devices are part of a closed network. The technology, however, breaks down when the network gets too complex, such as with the addition of multiple wireless-access points, Stefan Nusser, an IBM research manager, said."
...
"Metro coding is not meant to replace digital-rights management technology used in preventing illegal copying of digital content, Nusser said. The new technology would be used as a complement to DRM software."
Wednesday, April 20, 2005
House OKs Family Copyright Bill
House OKs Family Copyright Bill
by KATIE DEAN
Wired News, publication day: 19 April 2005
"'This is basically the low-hanging fruit from last year,' said Art Brodsky, a spokesman for Public Knowledge, a consumer advocacy group. 'These are the relatively non-controversial parts of the omnibus copyright legislation from last year.'
Technology and consumer advocates squared off against Hollywood and the music labels on proposed copyright legislation last year -- the Inducing Infringment of Copyrights Act, or Induce Act -- that would hold technology companies liable for encouraging their users to infringe copyright. It never passed."
by KATIE DEAN
Wired News, publication day: 19 April 2005
"'This is basically the low-hanging fruit from last year,' said Art Brodsky, a spokesman for Public Knowledge, a consumer advocacy group. 'These are the relatively non-controversial parts of the omnibus copyright legislation from last year.'
Technology and consumer advocates squared off against Hollywood and the music labels on proposed copyright legislation last year -- the Inducing Infringment of Copyrights Act, or Induce Act -- that would hold technology companies liable for encouraging their users to infringe copyright. It never passed."
Thursday, April 14, 2005
Capitol Records, Inc. v Naxos of America, Inc.
Capitol Records, Inc. v Naxos of America, Inc.
The full opinion of the Naxos reissue case (AP story at Musical America), decided April 5, 2005
Findlaw.com
The full opinion of the Naxos reissue case (AP story at Musical America), decided April 5, 2005
Findlaw.com
Wednesday, April 13, 2005
Some notes on Capitol Records, Inc. v Naxos of America Inc.
Some notes on Capitol Records, Inc. v Naxos of America Inc.
by BRENDAN SCOTT
Groklaw, publication date: 13 April 2005
"The losers in the case aren't just Naxos, he points out. The losers are us, as Pogo might put it, the public. Now access to this rich cultural heritage is exclusively for those with money and only at the record company's whim. What happened to the public's interest in all this? Whose culture is it? Is there to be no public domain left at all? Is it going too far to opine that the record companies have become the enemies of culture?
"
by BRENDAN SCOTT
Groklaw, publication date: 13 April 2005
"The losers in the case aren't just Naxos, he points out. The losers are us, as Pogo might put it, the public. Now access to this rich cultural heritage is exclusively for those with money and only at the record company's whim. What happened to the public's interest in all this? Whose culture is it? Is there to be no public domain left at all? Is it going too far to opine that the record companies have become the enemies of culture?
"
RIAA Suing i2hub Users
RIAA Suing i2hub Users
by ED FELTEN
Freedom to Tinker, publication date: 13 April 2005
"Given all of this, my guess is that the RIAA is pushing the Internet2 angle mostly for policial and public relations reasons. By painting Internet2 as a separate network, the RIAA can imply that the transfer of infringing files over Internet2 is a new kind of problem requiring new regulation. And by painting Internet2 as a centrally-managed entity, the RIAA can imply that it is more regulable than the rest of the Internet."
by ED FELTEN
Freedom to Tinker, publication date: 13 April 2005
"Given all of this, my guess is that the RIAA is pushing the Internet2 angle mostly for policial and public relations reasons. By painting Internet2 as a separate network, the RIAA can imply that the transfer of infringing files over Internet2 is a new kind of problem requiring new regulation. And by painting Internet2 as a centrally-managed entity, the RIAA can imply that it is more regulable than the rest of the Internet."
Tuesday, April 12, 2005
From the new-found-respect-for-OECD-analysis department
From the new-found-respect-for-OECD-analysis department
by LAWRENCE LESSIG
Lessig Blog, publication date: 11 April 2005
"If we INDUCE and support the 'per copy' model of copyright, for all content, especially video and music, and if we supplement that protection strong DRM, we pollute the opportunity for remix culture to develop. That should force us to ask: is there a way to protect the legitimate IP interests of the copyright holders, without polluting remix culture?"
by LAWRENCE LESSIG
Lessig Blog, publication date: 11 April 2005
"If we INDUCE and support the 'per copy' model of copyright, for all content, especially video and music, and if we supplement that protection strong DRM, we pollute the opportunity for remix culture to develop. That should force us to ask: is there a way to protect the legitimate IP interests of the copyright holders, without polluting remix culture?"
EFF Posts Day 1 Notes from WIPO Meetings
EFF Posts Day 1 Notes from WIPO Meetings
by DONNA WENTWORTH
Copyfight, publication date: 11 April 2005
by DONNA WENTWORTH
Copyfight, publication date: 11 April 2005
Copyright Reform to Free Orphans?
Copyright Reform to Free Orphans?
by KATIE DEAN
Wired News, publication date: 12 April 2005
"Jule Sigall, associate register for policy and international affairs for the copyright office, said the office will hold public hearings this summer and report its findings to the Senate Judiciary Committee by the end of the year. It's possible that Congress will address the orphan works issue with legislation."
by KATIE DEAN
Wired News, publication date: 12 April 2005
"Jule Sigall, associate register for policy and international affairs for the copyright office, said the office will hold public hearings this summer and report its findings to the Senate Judiciary Committee by the end of the year. It's possible that Congress will address the orphan works issue with legislation."
Music Biz Sues High-Speed Traders
Music Biz Sues High-Speed Traders
by KATIE DEAN
Wired News, publication date: 12 April 2005
"The Recording Industry Association of America will file 405 lawsuits on Wednesday against individuals at 18 colleges across the country. The RIAA is targeting those who use a file sharing application called i2hub to distribute music on a 'massive scale,' said RIAA president Cary Sherman.
The i2hub software is a peer-to-peer, file-sharing application developed for 'student collaboration' on Internet2, according to the software's website. 'I2hub is the conduit in which students across the globe connect to share ideas, collaborate and form social networks in a real-time environment never before achieved," the site says."
by KATIE DEAN
Wired News, publication date: 12 April 2005
"The Recording Industry Association of America will file 405 lawsuits on Wednesday against individuals at 18 colleges across the country. The RIAA is targeting those who use a file sharing application called i2hub to distribute music on a 'massive scale,' said RIAA president Cary Sherman.
The i2hub software is a peer-to-peer, file-sharing application developed for 'student collaboration' on Internet2, according to the software's website. 'I2hub is the conduit in which students across the globe connect to share ideas, collaborate and form social networks in a real-time environment never before achieved," the site says."
Fred and Siva at Cornell Thursday: Takin' on The Man!
Fred and Siva at Cornell Thursday: Takin' on The Man!
by Siva Vaidhyanathan
Sivacracy, publication date: 11 April 2005
by Siva Vaidhyanathan
Sivacracy, publication date: 11 April 2005
Monday, April 11, 2005
Shirky: stupid (c) laws block me from publishing own work online
Shirky: stupid (c) laws block me from publishing own work online
by CLAY SHIRKY, XENI JARDIN et al
Boing Boing, publication date: 31 March 2005
"Got that? I am in possession of a video, of me, shot by a friend, copied to a piece of physical media given to me as a gift. In the video, I am speaking words written by me, and for which I am the clear holder of the copyright. I am working with said video on a machine I own. Every modern legal judgment concerning copyright, from the Berne Convention to the Betamax case, is on my side. AND I CAN'T MAKE A COPY DIRECTLY FROM THE DEVICE. This is because copyright laws do not exist to defend the moral rights of copyright holders -- they exist to help enforce artificial scarcity."
by CLAY SHIRKY, XENI JARDIN et al
Boing Boing, publication date: 31 March 2005
"Got that? I am in possession of a video, of me, shot by a friend, copied to a piece of physical media given to me as a gift. In the video, I am speaking words written by me, and for which I am the clear holder of the copyright. I am working with said video on a machine I own. Every modern legal judgment concerning copyright, from the Berne Convention to the Betamax case, is on my side. AND I CAN'T MAKE A COPY DIRECTLY FROM THE DEVICE. This is because copyright laws do not exist to defend the moral rights of copyright holders -- they exist to help enforce artificial scarcity."
Piercing the peer–to–peer myths: An examination of the Canadian experience
Piercing the peer–to–peer myths: An examination of the Canadian experience
by MICHAEL GEIST
First Monday, publication date: April 2005
"The campaign is premised on three key pillars. First, that the Canadian recording industry has sustained significant financial losses in recent years due to decreased music sales. Second, that those losses can be attributed to peer–to–peer file sharing. Third, that the losses have materially harmed Canadian artists.
The time has come to acknowledge that each of these pillars is a myth."
by MICHAEL GEIST
First Monday, publication date: April 2005
"The campaign is premised on three key pillars. First, that the Canadian recording industry has sustained significant financial losses in recent years due to decreased music sales. Second, that those losses can be attributed to peer–to–peer file sharing. Third, that the losses have materially harmed Canadian artists.
The time has come to acknowledge that each of these pillars is a myth."
Rethinking the DMCA
Rethinking the DMCA
by CHARLES COOPER
CNet News.com, publication date: 08 April 2005
"So it was that Congress bowed to the copyright industry's demands and created a marvelously one-sided document. By making it illegal to circumvent technology used by the copyright industries to protect digital content, legislators took care of a key constituency. But they also created an invitation to trouble.
With no clear boundaries and very little legal precedent, the predictable result has been a messy conflict between the public and the moneyed interests. And that's where we are now with the specter of the DMCA, like Marley's Ghost, rising up to chill the spirit of free inquiry when it comes to encryption and computer security research."
by CHARLES COOPER
CNet News.com, publication date: 08 April 2005
"So it was that Congress bowed to the copyright industry's demands and created a marvelously one-sided document. By making it illegal to circumvent technology used by the copyright industries to protect digital content, legislators took care of a key constituency. But they also created an invitation to trouble.
With no clear boundaries and very little legal precedent, the predictable result has been a messy conflict between the public and the moneyed interests. And that's where we are now with the specter of the DMCA, like Marley's Ghost, rising up to chill the spirit of free inquiry when it comes to encryption and computer security research."
Friday, April 08, 2005
Extending an olive branch to file swappers?
Extending an olive branch to file swappers?
JON BORLAND Q and A with BRETT GOLDBERG, President of Cdigix
CNET News, publication date: 05 April 2005
JON BORLAND Q and A with BRETT GOLDBERG, President of Cdigix
CNET News, publication date: 05 April 2005
VideoLAN - And the issue of software patents
[Implementing MPEG, in a practical sense, is a fairly difficult process. VideoLAN is one of the few technology companies who do a good job covering all platforms with their player. So hearing that they are threatened with closure is disheartening.]
VideoLAN - And the issue of software patents
March 2005
"But not all is lost yet as long as you decide it is time to make a difference and take action. This is our last opportunity to fend off software patents worldwide, there will be no second chance for the foreseeable future.
Signing petitions will not suffice. Contact your local EU representatives and educate them why software patents are a bad idea in the first place and why they must attend that parliament session to vote against them. Make it clear that they need to stop the machinations of the EU council and reaffirm the power of the EU parliament, the only democratically elected EU institution. For in-depth information and starting points to get active visit the software patent page of the FFII (Foundation for a Free Information Infrastructure) and NoSoftwarePatents.com."
VideoLAN - And the issue of software patents
March 2005
"But not all is lost yet as long as you decide it is time to make a difference and take action. This is our last opportunity to fend off software patents worldwide, there will be no second chance for the foreseeable future.
Signing petitions will not suffice. Contact your local EU representatives and educate them why software patents are a bad idea in the first place and why they must attend that parliament session to vote against them. Make it clear that they need to stop the machinations of the EU council and reaffirm the power of the EU parliament, the only democratically elected EU institution. For in-depth information and starting points to get active visit the software patent page of the FFII (Foundation for a Free Information Infrastructure) and NoSoftwarePatents.com."
Sunday, April 03, 2005
Grokster: The Case is Submitted
Grokster: The Case is Submitted
by ALEX HALDERMAN
Freedom to Tinker, publication date: 01 April 2005
"On the other hand, some of the Justices were no more receptive to Grokster's interpretation of the Betamax defense, under which products 'merely capable of substantial non-infringing use' would not be subject to liability. Justice Ginsberg called this an overly simplistic reading of Sony and pointed out that the decision continues for 13 pages of nuanced discussion after the phrase cited by Grokster. She also emphasized differences between Grokster's product and the Betamax: the primary use of the Betamax was found to be non-infringing, but the district court in the present case established that at least 90% of Grokster's traffic infringed."
by ALEX HALDERMAN
Freedom to Tinker, publication date: 01 April 2005
"On the other hand, some of the Justices were no more receptive to Grokster's interpretation of the Betamax defense, under which products 'merely capable of substantial non-infringing use' would not be subject to liability. Justice Ginsberg called this an overly simplistic reading of Sony and pointed out that the decision continues for 13 pages of nuanced discussion after the phrase cited by Grokster. She also emphasized differences between Grokster's product and the Betamax: the primary use of the Betamax was found to be non-infringing, but the district court in the present case established that at least 90% of Grokster's traffic infringed."
Friday, April 01, 2005
Why FCC's "broadcast flag" hurts librarians, computer hobbyists
Why FCC's "broadcast flag" hurts librarians, computer hobbyists
by DECLAN MCCULLAGH
CNet, publication date: 30 March 2005
"According to a new brief, librarians, academics and computer hobbyists have standing to sue because they will no longer be able to make certain uses of digital TV broadcasts after the FCC's rules take effect in July. To wit:
- North Carolina State University won't be able to use broadcast clips for 'distance learning' courses that use password-protected Web sites."
by DECLAN MCCULLAGH
CNet, publication date: 30 March 2005
"According to a new brief, librarians, academics and computer hobbyists have standing to sue because they will no longer be able to make certain uses of digital TV broadcasts after the FCC's rules take effect in July. To wit:
- North Carolina State University won't be able to use broadcast clips for 'distance learning' courses that use password-protected Web sites."
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