Thursday, March 24, 2005

'DVD Jon' reopens iTunes backdoor

'DVD Jon' reopens iTunes backdoor
by JON BORLAND
CNET News.com, publication date: 22 March 2005
"In a blog posting, Norwegian programmer Jon Johansen, who was previously responsible for releasing software used to copy DVDs online, said he had been successful at reverse engineering the latest iTunes encryption."

Thursday, March 17, 2005

A new generation of file-sharing options filter onto campus

A new generation of file-sharing options filter onto campus
by LOU PULICE
The Heights (Boston College), publication date: 17 March 2005
"If you talk to students on campus, the majority are bound to tell you that they have some sort of collection of music currently stored on their computers. With the popularity of Apple's iTunes and its fashionable and functional counterpart iPod, it is no surprise that most BC students are listening to and downloading music on a daily basis. But are these students actually paying the $0.99 per song that Apple's Online Music Store charges?

The answer to this question is, quite simply, no."

State Cracks Down on Film Piracy

State Cracks Down on Film Piracy
by DANNY FORINASH
WTRF (West Virginia), publication date: 17 March 2005
"A bill that would define recording films at a theater with an audio-visual device as a felony passed through the Senate Judiciary Committee after quick approval from the House of Delegates.

'This kind of camera theft has been around for some time,' said Todd Flournoy, Motion Picture Association of America (MPAA) vice president and counsel. 'It's always been a problem. But bootleg copies used to be sold on the street. The quality was poor, and there was no easy means of distribution.'

...

So far, 21 states have passed laws concerning anti-piracy. The MPAA is lobbying 18 others, including West Virginia, this year.

"It's important to protect the movie industry in West Virginia," said Sen. Jeffrey Kessler, D-Marshall, Judiciary Committee chairman. "In the end, we hope to preserve a product that could be made in West Virginia and enhance the state's economy.""

As file sharing nears high court, techies worry

As file sharing nears high court, techies worry
by JOHN MARKOFF
The New York Times, publication date: 17 March 2005
"Innovative online services of those types could be harder to create in the future, if the court rules that technology creators are liable for any misuse of their systems, according to technology proponents here.

'It could be a disaster,' said the conference's sponsor, Tim O'Reilly, owner of the world's largest independent computer book publishing company, O'Reilly & Associates."

Wiley Sues 10 Illegal Online Resellers

Wiley Sues 10 Illegal Online Resellers
Press Release, release date: 17 March 2005
"The lawsuits allege that the defendants engaged in the illegal sale of pirated electronic copies of books otherwise available in retail markets as well as pirated electronic copies of instructor solutions manuals, which Wiley distributes, at no charge, solely to professors. Collectively, the lawsuits involve piracy of more than 75 distinct Wiley titles."

Paying The Protection Industry

Paying The Protection Industry
via FRANK FIELD
FurdLog, publication date: 17 March 2005

Wednesday, March 16, 2005

Microsoft's US XML Patent Application

Microsoft's US XML Patent Application
Groklaw, publication date: 15 March 2005
"Here it is, ladies and gentlemen. Step right up. It's Microsoft's United States Patent Application #20040210818 and it was filed originally in June of 2002 and listed on October 21, 2004. The abstract reads like this:

Word-processing document stored in a single XML file that may be manipulated by applications that understand XML"

Never again

Never again
by LAWRENCE LESSIG
Lessig Blog, publication date: 15 March 2005
"Never again. It has taken me too long to resolve myself about this, and it was too late in the process of this article to insist on something different. But from this moment on, I am committed to the Open Access pledge:


I will not agree to publish in any academic journal that does not permit me the freedoms of at least a Creative Commons Attribution-Noncommercial license."

Locking Down Technology

©4:Locking Down Technology
by WALT CRAWFORD
Cites & Insights 5:5, publication date: Spring 2005
"If you think about it, the broadcast flag rulemaking is rather extraordinary. It’s not about broadcast quality, interference, channel allocation, or any area you’d expect the FCC to regulate. Instead, it’s about what happens to digital broadcast material after it’s received—an area that would seem well outside FCC’s jurisdiction."

Tuesday, March 15, 2005

Court questions broadcast flag challengers

Court questions broadcast flag challengers
by JOHN BORLAND
CNET News.com, publication date: 15 March 2005
"Judges said Tuesday that they weren't sure the consumer and library groups had legal 'standing'--a measure of how directly affected they or their members will be by the FCC's ruling. The court asked the groups to explain their position further before proceeding with the case."

Beatallica back, thanks to Lars Ulrich, fair use crusader.

Beatallica back, thanks to Lars Ulrich, fair use crusader.
by XENI JARDIN
Boing Boing, publication date: 15 March 2005
"The band known for tunes such as 'I Want to Choke Your Band' and 'Leper Madonna' reached out to Metallica drummer Lars Ulrich. Thanks to his efforts, Beatallica will soon be back online, and the legal debacle over. Ulrich volunteered to provide assistance with legal negotiations for Beatallica, and asked Metallica's longtime attorney Peter Paterno to try and defuse the situation with Sony on behalf of the dudes from Milwaukee. And now, Sony has agreed to drop the case."

Rehearsing to buy a DRMed e-book

Rehearsing to buy a DRMed e-book
by DAVID ROTHMAN
TeleRead, publication date: 15 March 2005
'"We've offered free unencrypted ebooks since our start, but that's not the same," Scott says. "To truly simulate a download, there has to be Digital Rights Management (DRM), involved. Our test downloads are the real thing so once you get one under your belt you can be confident there won't be a problem
when it's time to use the credit card." He's hoping that the new approach will reduce his support costs and weed out the unprepared. The 35,000-title Diesel, incidentally, is super-easy to reach by phone if need be--an old-fashioned amenity that should be more common in the industry than it actually is."

Slate Induces Copyright Violations

Slate Induces Copyright Violations
by ERNEST MILLER
The Importance of...publication date: 15 March 2005
"Of course, there is the little issue of copyright violation. Certainly, if I hosted the complete original work with annotations, that could very clearly lead to a copyright claim. Under the INDUCE Act theories, the company that made the software to allow this would also be liable. After all, if you are authorized to annotate, then you can manipulate the underlying file without need for annotation software. Clearly, the intent and purpose of annotation software would be to encourage the creation of derivative works and reproductions that people are unauthorized to make."

Copy Cats

Copy Cats
by MEIR RINDE
Hartford Advocate, publication date: 10 March 2005
"The book is rife with juicy, angering examples. For example, after the band Verve lost a legal battle over a five-note Rolling Stones sample which they thought they had permission to use, they lost their copyright to a hit single, which was then used in a commercial against their wishes and won someone else a Grammy."

Tech firms protest reforms

Tech firms protest reforms
by TYLER HAMILTON
Toronto Star, publication date: 10 March 2005
"Researchers in Canada who make it their job to find holes and glitches in digital security products are worried that proposed 'anti-circumvention' amendments to federal copyright legislation will undermine their livelihood and lower the bar on digital protection."

Ripped off

Ripped off
Digit, publication date: 11 March 2005
"Although US copyright laws outlaw the sale of software that bypasses DVD copy protection, many companies continue to make the software packages available.


BlazinDVD of New York is one of a dozen US firms that we found on the Internet selling such software. BlazinDVD’s offering was called Perfect DVD Copy, and a photo of the software’s CD jewel case displayed on the company’s Web site claimed the program would “Override All Copy Protection”."

India's Launch of Low-Cost Windows Delayed

India's Launch of Low-Cost Windows Delayed
Baltimore Sun, publication date: 15 March 2005
"India is the largest of the five emerging computer markets that Microsoft is targeting with its stripped-down operating system. The company already sells the starter edition in Indonesia, Malaysia and Thailand and has plans to launch it in Russia.

India has only 16 million computers for more than a billion people, but sales are growing 35 percent each year.

U.S.-based Microsoft enjoys 90 percent market share in India. It hopes that cheaper software will help reduce piracy in a country where only 2 of 10 computers use more expensive licensed software.
"

Keyes is hawking debate videos

Keyes is hawking debate videos
by NICOLE SACK
The Southern Illinoisian, publication date: 15 March 2005
"Connie Hair, Keyes spokesperson, said Keyes has the rights to anything he participated in as long as he attributes the source. She said it was important to note the Keyes campaign staff members shot some debate footage with their own cameras.

However, the question of copyright is being batted around by the three separate groups who hosted the one radio and two television debates."

The File-Sharing Follies

The File-Sharing Follies
by JON NEWTON
TechNewsWorld, publication date: 15 March 2005
"With a landmark Supreme Court hearing on online file sharing slated for Marc 29, Hollywood is stepping up its multimillion-dollar, international PR blitz to kee peer-to-peer networks in the public eye and to characterize men, women an children who share music and other files online as hardened criminals"

Cost of school plays

Cost of school plays
by JAMES WALSH and RANDI WEINER
The Journal News, publication date: 15 March 2005
"The size of a school's auditorium also figures into the price. The larger the hall, the more the licensing companies charge, on the theory that revenues from ticket sales will be higher. Likewise, the number of performances also impacts the cost.

Program and advertising artwork must adhere to a copyrighted design — no room for student creativity here — with even the type size dictated by the companies.

These restrictions continue as long as a copyright remains in effect. That could be for the life of the author plus 70 years for works created on or after Jan. 1, 1978, said Stephanie Furgang Adwar, a copyright attorney from West Nyack."

SightSound Technologies Sues Napster for Infringement

SightSound Technologies Sues Napster for Infringement
by BRENDA SANDBURG
Law.com, publication date: 15 March 2005
"SightSound Technologies Inc., whose founder holds a series of patents for transmitting digital video and audio signals, has sued Napster for infringement."

Harvard-Google Project Faces Copyright Woes

Harvard-Google Project Faces Copyright Woes
by BEAU C. ROBICHEAUX
Harvard Crimson Online, publication date: 15 March 2005
"But Jonathan Zittrain, faculty co-director of Harvard Law School’s Berkman Center for Internet and Society, wrote in an e-mail that he believes the pilot project is not a copyright infringement.

“This is what fair use is designed for,” he wrote. “By showing only snippets, the market for the books themselves is not harmed.”

Zittrain added that publishing industry practice “has become extremely cautious and that quite often firms ask each other for permission.”"

Rewriting the rules of copyright

Rewriting the rules of copyright
by ARIANA EUNJUNG CHA (Washington Post)
MSNBC, publication date: 15 March 1005
"Interest in Creative Commons licenses comes as artists, authors and traditional media companies begin to warm to the idea of the Internet as friend instead of foe, and race to capitalize on technologies such as file-sharing and digital copying."

Marvel Says Its Case Is Strong

Marvel Says Its Case Is Strong
by DAVID ADAMS
PC Games, publication date: 14 March 2005
"The case prompts various questions of fair use and copyright, with some critics claiming that NCsoft and Cryptic cannot be responsible for the countless ways users may express themselves using the game's customization -- just as Adobe would not be responsible, say, if someone used its PhotoShop software to create trademark-infringing content. However, Marvel believes it is possible to create what are essentially versions of its branded characters and play as them in the game -- and clearly the company has not licensed its properties for use in City of Heroes."

Destra lands ABC digital music store deal

Destra lands ABC digital music store deal
ZDNet Australia, publication date: 15 March 2005
"Destra said the music was in the Windows Media Architecture format and included built-in technology for consumers to copy songs onto a compact disc three times, as well as to a portable media player."

E-Commerce News: News: Court Orders UK ISPs To Name File Sharers

E-Commerce News: News: Court Orders UK ISPs To Name File Sharers
by DINAH GREEK
ECommerce Times, publication date: 14 March 2005
"The British Phonographic Industry (BPI) will be given the names and addresses o a further 31 people it has accused of illegally uploading music files to the Internet


The BPI was granted an order by the High Court last week that forces six UK Internet service providers (ISPs) to hand over the details as it begins its second round of legal action against file sharers"

MS Files for Broad XML/Word-processing Patent in NZ

MS Files for Broad XML/Word-processing Patent in NZ
Slashdot, publication date: 15 March 2005

US gov't to apply DRM to public, non-copyrighted info that you already paid for

US gov't to apply DRM to public, non-copyrighted info that you already paid for
by CORY DOCTOROW
Boing Boing, publication date: 14 March 2005
"Jim sez, ''Public' non-copyrighted information is going to be subjected to controls and restrictions we usually associate with RIAA and MPAA."

Monday, March 14, 2005

"First Sale” and DVDs?

“First Sale” and DVDs?
by FRANK FIELD
FURDLOG, publication date: 14 March 2005

Thursday, March 10, 2005

Copyright case may conclude with public burning

Copyright case may conclude with public burning
Native American Times, publication date: 10 March 2005
"The tribe sued and attorney Bob Lyon of the high-powered legal firm of Holland & Knight used California’s common-law copyright law and a portion of a federal bootlegging law the bars people from recording musical events to achieve the settlement and gain an injunction."

Real Networks Launching Challenge to iPod

Real Networks Launching Challenge to iPod
CIO Today, publication date: 10 March 2005

"News that Real Networks is launching a new version of its music store, enabling consumers to buy music that can play on Apple iPods, has sent shockwaves through the digital music industry"
...
"Apple has issued a furious statement promising legal action and claiming that Real's move is unethical. "We're stunned that Real Networks has adopted the tactics and ethics of a hacker to break into the iPod, and we are investigating the implications of [its] actions under the DMCA (Digital Millennium Copyright Act) and other laws," it stated.

Ryan insists, however, that his company is on "rock-solid" legal ground and has industry support. "We took content that we have rights to and we changed the DRM [digital rights management] to one that will play on the iPod. The labels have endorsed the service.""