Correcting Course: Conference Program
Take a break from Grokster. The webcasts and papers from the May 5-7 conference at Columbia are available online.
Thursday, June 30, 2005
BitTorrent Whiz Extolled Piracy?
BitTorrent Whiz Extolled Piracy?
by KATIE DEAN and KEVIN POULSEN
Wired News, publication date: 30 June 2005
"Cohen has never publicly encouraged piracy, and he has consistently maintained that he wrote BitTorrent as a legitimate file-distribution tool. That would seem to make him and his budding company, BitTorrent, safe under the Grokster ruling.
But legal experts worry the newly discovered manifesto extolling 'digital piracy' could put him on less certain legal ground."
by KATIE DEAN and KEVIN POULSEN
Wired News, publication date: 30 June 2005
"Cohen has never publicly encouraged piracy, and he has consistently maintained that he wrote BitTorrent as a legitimate file-distribution tool. That would seem to make him and his budding company, BitTorrent, safe under the Grokster ruling.
But legal experts worry the newly discovered manifesto extolling 'digital piracy' could put him on less certain legal ground."
Tech firms call for approval of cybercrime treaty
Tech firms call for approval of cybercrime treaty
by DECLAN MCCULLAGH
CNet News.com, publication date: 29 June 2005
"The treaty also includes stiff copyright-related penalties. It says participating nations must enact criminal laws targeting Internet piracy and circumvention devices--a measure akin to the Digital Millennium Copyright Act--when acts 'are committed willfully, on a commercial scale and by means of a computer system.'"
by DECLAN MCCULLAGH
CNet News.com, publication date: 29 June 2005
"The treaty also includes stiff copyright-related penalties. It says participating nations must enact criminal laws targeting Internet piracy and circumvention devices--a measure akin to the Digital Millennium Copyright Act--when acts 'are committed willfully, on a commercial scale and by means of a computer system.'"
[Editors note] EDUCAUSE loosens DRM
I received a very nice note from someone at EDUCAUSE about their policy of locking PDFs in their library (see earlier post). They've decided to loosen their policy to allow commenting; you can now download copies of documents and mark them up locally. Unfortunately, copy and pasting of text is still not supported, but progress is progress. Thank you EDUCAUSE. Anyone else want to copy and paste? Please drop the nice folks at EDUCAUSE a line.
-Claire
-Claire
"Ten Years of Chilled Innovation"
"Ten Years of Chilled Innovation"
Q&A with LAWRENCE LESSIG
BusinessWeek, publication date: 29 June 2005
"Q: So the problem with the decision is just that the Supreme Court rendered an opinion at all, rather than letting legislators decide?
A: Right. By making it a process that goes through the courts, you've just increased the legal uncertainty around innovation substantially and created great opportunities to defeat legitimate competition. You've shifted an enormous amount of power to those who oppose new types of competitive technologies"
Q&A with LAWRENCE LESSIG
BusinessWeek, publication date: 29 June 2005
"Q: So the problem with the decision is just that the Supreme Court rendered an opinion at all, rather than letting legislators decide?
A: Right. By making it a process that goes through the courts, you've just increased the legal uncertainty around innovation substantially and created great opportunities to defeat legitimate competition. You've shifted an enormous amount of power to those who oppose new types of competitive technologies"
Spanier comments on Supreme Court decision over copyright issues
Spanier comments on Supreme Court decision over copyright issues
Statement by Graham B. Spanier, President, Penn State University
"'Working with music and motion picture executives, the higher education community has made tremendous progress in addressing piracy on our college campuses. Yet there is considerable work still to be done. '
[Penn State Live] Editor's note: Penn State University became the first university to launch a comprehensive alternative solution to the illegal downloading of music. Since then, more than 40 colleges across the country have followed suit."
Statement by Graham B. Spanier, President, Penn State University
"'Working with music and motion picture executives, the higher education community has made tremendous progress in addressing piracy on our college campuses. Yet there is considerable work still to be done. '
[Penn State Live] Editor's note: Penn State University became the first university to launch a comprehensive alternative solution to the illegal downloading of music. Since then, more than 40 colleges across the country have followed suit."
Analysis: What the ruling against Grokster really means
Analysis: What the ruling against Grokster really means
by SCOTT FULTON
Tom's Hardware Guide, publication date: 27 June 2005
"This morning's ruling makes multiple references to the 1984 Sony case. But it appears to define new circumstances in which the classic 'Betamax defense' may no longer apply.
'What's scary--and I use that word advisedly--is that we have, by virtue of this ruling, now exchanged the really pretty clear and economic beneficial certainty for innovators and developers of creative devices and software, that we've been living with under the Sony Betamax case for the last 20 years, for a new and clearly fact-intensive and ultimately litigation-intensive set of untried tests," said Adam Eisgrau, Executive Director of P2P United, a peer-to-peer industry trade group."
by SCOTT FULTON
Tom's Hardware Guide, publication date: 27 June 2005
"This morning's ruling makes multiple references to the 1984 Sony case. But it appears to define new circumstances in which the classic 'Betamax defense' may no longer apply.
'What's scary--and I use that word advisedly--is that we have, by virtue of this ruling, now exchanged the really pretty clear and economic beneficial certainty for innovators and developers of creative devices and software, that we've been living with under the Sony Betamax case for the last 20 years, for a new and clearly fact-intensive and ultimately litigation-intensive set of untried tests," said Adam Eisgrau, Executive Director of P2P United, a peer-to-peer industry trade group."
Tuesday, June 28, 2005
Grokster ruling could spawn legal file-sharing
Grokster ruling could spawn legal file-sharing
by PHILIPPE NAUGHTON
Times Online, publication date: 28 June 2005
"Mr Taylor, and others, suggested that one result of the ruling might be that companies presently engaged in illegal file-sharing might now try to build up legitimate business using the same peer-to-peer technology to allow users to swap licensed copies of songs."
by PHILIPPE NAUGHTON
Times Online, publication date: 28 June 2005
"Mr Taylor, and others, suggested that one result of the ruling might be that companies presently engaged in illegal file-sharing might now try to build up legitimate business using the same peer-to-peer technology to allow users to swap licensed copies of songs."
METRO-GOLDWYN-MAYER STUDIOS INC., et al.,PETITIONERS v. GROKSTER, LTD., et al.
METRO-GOLDWYN-MAYER STUDIOS INC., et al.,PETITIONERS v. GROKSTER, LTD., et al.
Opinion of the [United States Supreme] Court
from the Cornell Legal Information Institute, publication date: 27 June 2005
Opinion of the [United States Supreme] Court
from the Cornell Legal Information Institute, publication date: 27 June 2005
Supreme Court clarifies Sony decision, fair use preserved
Supreme Court clarifies Sony decision, fair use preserved
American Library Association press release , publication date: 27 June 2005
American Library Association press release , publication date: 27 June 2005
Friday, June 17, 2005
Copyright-Worried Photo Labs Spurn Jobs
Copyright-Worried Photo Labs Spurn Jobs
Associated Press
Forbes, publication date: 06 June 2005
"When Morgan's mother and a client recently took CDs with some of his shots to a printing lab, the photo technicians spurned them. They said that since the shots seemed to have been taken by a professional, printing the pictures might be a copyright violation."
Associated Press
Forbes, publication date: 06 June 2005
"When Morgan's mother and a client recently took CDs with some of his shots to a printing lab, the photo technicians spurned them. They said that since the shots seemed to have been taken by a professional, printing the pictures might be a copyright violation."
Register of Copyrights Misunderstands Copyright
Register of Copyrights Misunderstands Copyright
by ED FELTEN
Freedom to Tinker, publication date: 17 May 2005
"Note the subtle rewriting of the Constitutional language. The Constitution does not direct Congress to establish copyright, but merely allows it to do so. Let%u2019s be clear: the implication that the Founders would approve of today%u2019s copyright statute finds no real support in the historical record."
by ED FELTEN
Freedom to Tinker, publication date: 17 May 2005
"Note the subtle rewriting of the Constitutional language. The Constitution does not direct Congress to establish copyright, but merely allows it to do so. Let%u2019s be clear: the implication that the Founders would approve of today%u2019s copyright statute finds no real support in the historical record."
Technology Paradigm Wars
Technology Paradigm Wars
DRM blog, publication date: 17 June 2005
"Released just three days ago by RCA, the new Foo Fighters CD contains DRM that supposedly prevents the CD from being loaded and ripped via iTunes. Customers are already complaining that their legally purchased music isn't worth the money they paid for it because they can only listen to it in CD players."
DRM blog, publication date: 17 June 2005
"Released just three days ago by RCA, the new Foo Fighters CD contains DRM that supposedly prevents the CD from being loaded and ripped via iTunes. Customers are already complaining that their legally purchased music isn't worth the money they paid for it because they can only listen to it in CD players."
Tuesday, June 14, 2005
European economic group recommends P2P to Big Content, Snocap opens its database
European economic group recommends P2P to Big Content, Snocap opens its database
by HANNIBAL
ArsTechnica, publication date: 13 June 2005
"For instance, the report found that there's no clear causal link between the rise of P2P and the fall of offline music sales. The report also recommends that the music industry 're-evaluate' its attitude toward P2P, and possibly by considering ways to operate legitimate P2P networks. In fact, the OECD seems generally up-beat about P2P as a technology, a fact that doesn't sit well with the RIAA."
by HANNIBAL
ArsTechnica, publication date: 13 June 2005
"For instance, the report found that there's no clear causal link between the rise of P2P and the fall of offline music sales. The report also recommends that the music industry 're-evaluate' its attitude toward P2P, and possibly by considering ways to operate legitimate P2P networks. In fact, the OECD seems generally up-beat about P2P as a technology, a fact that doesn't sit well with the RIAA."
Monday, June 13, 2005
[Editors note] Even lightweight DRM stinks, thank you EDUCAUSE
I'm sure I am not the first person to complain about this but I am seriously annoyed that EDUCAUSE locks most of the PDFs in its Resource Library. What I actually wanted to do was use the PDF highlighter tool to mark up a local copy; when I couldn't do that, I tried copying and pasting a few key passages to a text file. No go. I complained about this via their web feedback form:
"Why are so many of the PDF documents in the EDUCAUSE library locked? I cannot annotate a local copy of these works, nor can I, in most cases, copy and paste text excertps as I carry out my research. This is a baffling approach to distribution of these important works. Is there a universal password to unlock them?"
and today received the following response from an EDUCAUSE staffer:
"I am sorry that you are having a hard time with your research. The reason many of the PDF works are locked down from text copying is to protect them from being plagiarized and other types of copyright infringement. If you need to have the work in text for copying purposes, I suggest that you use a PDF text converter. There are free downloads of this software on the web."
So, what she's saying is that they know it's easy for someone to break these silly locks. I don't understand why people think this kind of lightweight or speedbump DRM is a good idea. Someone who intends to plagiarize is surely going to be motivated to get the apparently free and easy-to-find software to rip the content.
The thing I hate most about DRM is that it punishes the law-abiding far more than the lawbreakers.
Grump.
"Why are so many of the PDF documents in the EDUCAUSE library locked? I cannot annotate a local copy of these works, nor can I, in most cases, copy and paste text excertps as I carry out my research. This is a baffling approach to distribution of these important works. Is there a universal password to unlock them?"
and today received the following response from an EDUCAUSE staffer:
"I am sorry that you are having a hard time with your research. The reason many of the PDF works are locked down from text copying is to protect them from being plagiarized and other types of copyright infringement. If you need to have the work in text for copying purposes, I suggest that you use a PDF text converter. There are free downloads of this software on the web."
So, what she's saying is that they know it's easy for someone to break these silly locks. I don't understand why people think this kind of lightweight or speedbump DRM is a good idea. Someone who intends to plagiarize is surely going to be motivated to get the apparently free and easy-to-find software to rip the content.
The thing I hate most about DRM is that it punishes the law-abiding far more than the lawbreakers.
Grump.
Wednesday, June 08, 2005
Supremes deflect Lexmark's laser injunction bid
Supremes deflect Lexmark's laser injunction bid
by JOHN OATES
The Register, publication date: 08 June 2005
"Lexmark's cartridges includes a chip which must be authenticated by the printer before it will accept the new cartridge. Static Control Components makes a chip which replicates this 'handshake'. But the DMCA forbids any attempt to decrypt or decode technologies put in place to protect intellectual property."
Friday, June 03, 2005
Copyright Clearance Center and BioOne Partner to Expand Market Reach For Small Science Publishers
Copyright Clearance Center and BioOne Partner to Expand Market Reach For Small Science Publishers
Press Release
Business Wire, publication date: 01 June 2005
"'We believe it is essential for journal publishers to maximize the protection of their intellectual property and to cultivate new sources of income. Further, a proactive effort is needed to reach for the highest possible dissemination of articles for legitimate 'fair use'. However, many society and other nonprofit publishers lack the resources for administering such efforts and might even be unaware of the programs available to them.'"
Press Release
Business Wire, publication date: 01 June 2005
"'We believe it is essential for journal publishers to maximize the protection of their intellectual property and to cultivate new sources of income. Further, a proactive effort is needed to reach for the highest possible dissemination of articles for legitimate 'fair use'. However, many society and other nonprofit publishers lack the resources for administering such efforts and might even be unaware of the programs available to them.'"
Google Library Project Hit by Copyright Challenge from University Presses
Google Library Project Hit by Copyright Challenge from University Presses
by BARBARA QUINT
Forbes, publication date: 31 May 2005
"However, one or more of these organizations might view dealing with Google on behalf of a broader universe of authors as a desirable development. They might even be willing to develop a managed royalty collection system, such as the music industry has with ASCAP and BMI. Clearly any group succeeding in this kind of effort would become the leading author representative."
by BARBARA QUINT
Forbes, publication date: 31 May 2005
"However, one or more of these organizations might view dealing with Google on behalf of a broader universe of authors as a desirable development. They might even be willing to develop a managed royalty collection system, such as the music industry has with ASCAP and BMI. Clearly any group succeeding in this kind of effort would become the leading author representative."
Google's Scan Plan Hits More Bumps
Google's Scan Plan Hits More Bumps
by DAVID WHELAN
Forbes, publication date: 31 May 2005
"Publishers don't know yet how much content from a particular book will be available to Google under fair use. Or even whether Google's digital copies of copyrighted books are permissible in the first place, even if they never get shared.
Google's Tom Turvey responded with a letter to the Web site Publisher's Lunch saying that publishers don't have to participate in its program. 'Publishers remain in complete control of which books are displayed on Google, just as Web publishers are regarding inclusion of their Web sites in the index. For any books scanned at libraries, publishers may simply choose not to display these books within Google's index--no questions asked.' "
by DAVID WHELAN
Forbes, publication date: 31 May 2005
"Publishers don't know yet how much content from a particular book will be available to Google under fair use. Or even whether Google's digital copies of copyrighted books are permissible in the first place, even if they never get shared.
Google's Tom Turvey responded with a letter to the Web site Publisher's Lunch saying that publishers don't have to participate in its program. 'Publishers remain in complete control of which books are displayed on Google, just as Web publishers are regarding inclusion of their Web sites in the index. For any books scanned at libraries, publishers may simply choose not to display these books within Google's index--no questions asked.' "
Government cracks down on copyright infringement
Government cracks down on copyright infringement
Associated Press
The News Tribune [Tacoma, WA], publication date: 31 May 2005
"Until now, it was prohibited in Sweden to make copyright material available for others to download. But downloading such material was legal.
The new law also makes it illegal to copy an entire book, including textbooks, on a copying machine."
Associated Press
The News Tribune [Tacoma, WA], publication date: 31 May 2005
"Until now, it was prohibited in Sweden to make copyright material available for others to download. But downloading such material was legal.
The new law also makes it illegal to copy an entire book, including textbooks, on a copying machine."
Copyright combat not over yet
Copyright combat not over yet
by ANNA BUCCI
National Post [Canada], publication date: 30 May 2005
"And finally, yes, CPCC uses a fraction of 1% of its revenues for the services of a government relations advisor (singular not plural) to ensure that legislators are aware of the concerns and views of rights holders and to engage communication specialists to correct the misinformation presented to the public about the private copying levy."
by ANNA BUCCI
National Post [Canada], publication date: 30 May 2005
"And finally, yes, CPCC uses a fraction of 1% of its revenues for the services of a government relations advisor (singular not plural) to ensure that legislators are aware of the concerns and views of rights holders and to engage communication specialists to correct the misinformation presented to the public about the private copying levy."
Theft Forces Change in Surgeon Testing
Theft Forces Change in Surgeon Testing warning: registration required
Associated Press
The New York Times, publication date: 30 May 2005
"Mr. Amshel, who passed the test in 2003, has had his board certification revoked. The board sued him, accusing him of copyright infringement and civil theft."
Associated Press
The New York Times, publication date: 30 May 2005
"Mr. Amshel, who passed the test in 2003, has had his board certification revoked. The board sued him, accusing him of copyright infringement and civil theft."
Sex Sells
Sex Sells
by SETH LUBOVE
Forbes, publication date: 06 June 2005
"Zadeh's demands are based in part on the 1998 Digital Millennium Copyright Act, which governs the rights of copyright holders on the Internet and how to protest infringements. Courts have ruled in previous lawsuits that search engines are permitted to display thumbnail images provided they link to the copyright holder's Web site (whether they can link to full-size images is still a matter of debate)."
by SETH LUBOVE
Forbes, publication date: 06 June 2005
"Zadeh's demands are based in part on the 1998 Digital Millennium Copyright Act, which governs the rights of copyright holders on the Internet and how to protest infringements. Courts have ruled in previous lawsuits that search engines are permitted to display thumbnail images provided they link to the copyright holder's Web site (whether they can link to full-size images is still a matter of debate)."
U.S. sends stern copyright warning to China
U.S. sends stern copyright warning to China
Associated Press
BusinessWeek, publication date: 2 June 2005
"'We can have a dispute about textile but do not believe that IPR rights are negotiable,' said Carlos Gutierrez, who spoke at an American Chamber of Commerce luncheon in Beijing. 'One is a contractual matter and the other is a crime and needs to be treated as such.'"
Associated Press
BusinessWeek, publication date: 2 June 2005
"'We can have a dispute about textile but do not believe that IPR rights are negotiable,' said Carlos Gutierrez, who spoke at an American Chamber of Commerce luncheon in Beijing. 'One is a contractual matter and the other is a crime and needs to be treated as such.'"
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