Tuesday, November 29, 2005

DMCA more a hindrance than a help

DMCA more a hindrance than a help
by IAIN THOMSON
VNUNET.COM, publication date: 28 November 2005"The research
examined 876 requests to remove copyright information from web sites and search engines and found that over half of them were being made by companies targeting the competition and 30 per cent of claims are so thin they may not stand up in court. "

Kazaa to install anti-piracy tool

Kazaa to install anti-piracy tool
Associated Press
Jam Music, publication date: 28 November 2005"Sharman Networks Ltd. has until next week to develop a filtering system that would block files based on about 3,000 keywords, most likely the names of popular recording artists."

View From Here: Copyright clampdown

View From Here: Copyright clampdown
by CAROLYN BOYLE
TMCNet, publication date: 23 November 2005
"Then earlier this year the Malaysian Government announced that it was considering turning the draconian provisions of the Internal Security Act 1960 against repeat infringers as a last resort. Michael Soo of Shook Lin & Bok explains that the Act empowers police officers to arrest without warrant anyone they 'have reason to believe' has acted or is likely to act 'in any manner that is prejudicial to the security of Malaysia'.

Suspects may initially be detained in solitary confinement for up to 60 days - extendable for up to two years with the approval of the Minister for Home Affairs - and may be denied legal representation and access to relatives during this time. "

Waiting for Google to Search for One More Author: Ann Woolner

Waiting for Google to Search for One More Author: Ann Woolner
by ANN WOOLNER
Bloomberg.com, publication date: 25 November 2005
"Say an author is fine with one of the search engines scanning her book on the promise that only snippets would be accessible, and she wants to deny that right to other search engines she considers insufficiently protected against hackers, Aiken suggests.

If Google wins, the author has no say over who gets to scan the book, and certainly no right to demand compensation from the copier.

Google says it would be virtually impossible to seek permission from the copyright holders on the millions of copyright-protected books it wants to scan.

Unfortunately for Google, there is no ``it's-too-darn-hard'' exception in copyright law."

Entertainment industry 'trying to hijack data retention directive'

Entertainment industry 'trying to hijack data retention directive'
by GRAEME WEARDEN and KAREN GOMM
ZDNet UK News, publication date: 24 November 2005
"But the Creative and Media Business Alliance (CMBA), a group of media companies including EMI, SonyBMG and TimeWarner, has lobbied the EU to allow this data to be used to investigate all crimes, not just serious offences such as terrorism."

France expected to cut iPod levy in time for Christmas

France expected to cut iPod levy in time for Christmas
by PETER SAYER
Macworld, publication date: 25 November 2005
"In France, as in some other European countries including Germany and Italy, it is legal to copy music for private use - but in return the law imposes copyright levies on blank media, including cassettes, CDs, DVDs, hard drives and flash memory devices. The copyright levy is intended to compensate composers, performers and producers for revenue opportunities lost due to private copying of music."

The End Of Copyright

The End Of Copyright
by ERNEST ADAMS
Gamasutra, publication date: 28 November 2005
"The lawsuits, the spyware, the DMCA: these are the death struggles of an outdated business model. It's the modern-day equivalent of throwing the Christians to the lions in an effort to discourage Christianity. It didn't work for the ancient Romans and it won't work now.

...

In short, there are a heck of a lot of ways to recover the development and marketing costs of video games besides trying to sell individual physical copies and prevent their duplication. That system is awkward, wasteful, and theft-prone. It supports too many middlemen and, like Prohibition, puts money in the pockets of some very nasty gangsters."

NCC declares MCSN illegal, nullifies Adewopo?s approval

NCC declares MCSN illegal, nullifies Adewopo?s approval
by OZULUA UHAKHEME and RICHARD EGHAGHE
Daily Independent [Nigeria], publication date: 25 November 2005
"The president may have acted swiftly to save the copyright community, to which he also belongs as an author, from further embarrassment in the confusion rocking copyright owners and users in the entertainment industry, over collective administration of royalties, following unhealthy rivalry between the registered Performing and Mechanical Rights Society of Nigeria (PMRS) and the now deregistered MCSN, which was purportedly approved few months ago. The president was also said to have acted in the spirit of his ongoing anti-corruption crusade in the country."

Siva in Chronicle of Higher Ed: A Risky Gamble with Google

Siva in Chronicle of Higher Ed: A Risky Gamble with Google
by SIVA VAIDHYANATHAN
Chronicle of Higher Education, publication date: 02 December 2005
via Siva's blog
"And it dangerously elevates Google's role and responsibility as the steward --with no accountability -- of our information ecosystem. That's why I, an avowed open-source, open-access advocate, have serious reservations about it.

It pains me to declare this: Google's Library Project is a risky deal for libraries, researchers, academics, and the public in general. However, it's actually not a bad deal for publishers and authors, despite their protestations.

...

So the copyright-infringement suits brought by authors and by publishers against Google Library will present the courts with an interesting dilemma: Should they favor the norms of the Web (opt out) over the norms of the real world (opt in)? Google is clearly asserting the right to do what it has always done in the Web world — copied without permission for the purpose of providing an important commercial service that rides free on others' copyrighted work. The courts will have to decide if that is a bit too presumptuous and disruptive in the real world.

...

So I worry. We need services like that provided by Google Library. But they should be "Library Library" projects. Libraries should not be relinquishing their core duties to private corporations for the sake of expediency. Whichever side wins in court, we as a culture have lost sight of the ways that human beings, archives, indexes, and institutions interact to generate, preserve, revise, and distribute knowledge."

Webcasting Prominent In WIPO Broadcasting Talks Despite Few Supporters

Webcasting Prominent In WIPO Broadcasting Talks Despite Few Supporters
by WILLIAM NEW
Intellectual Property Watch, publication date: 28 November 2005
"Member governments of the World Intellectual Property Organisation last week spent significant time discussing a proposal to include the delivery of broadcasts over the Internet in a treaty updating the rights of broadcasters. But the proposal appears to have almost no supporters among the member governments."

Boston Globe Throws Mud at Peter Quinn -- Mud Lands on Boston Globe

Boston Globe Throws Mud at Peter Quinn -- Mud Lands on Boston Globe
Groklaw, publication date: 26 November 2005
"Let's see. If one doesn't want to use Microsoft's formats, because one thinks they are not open enough for one's legitimate needs as a government agency, what happens to one? Microsoft's goons and allies will comb through your life looking for dirt, or something that looks a little like dirt, to ruin your reputation? And so the Boston Globe decided to investigate how completely Peter Quinn dotted his I's and crossed his T's on his expense account:"

Wednesday, November 23, 2005

iPod DRM faces another reverse-engineering challenge

iPod DRM faces another reverse-engineering challenge
by JIM DALRYMPLE
Playlist, publication date: 22 November 2005
"Content downloaded from iTunes is encoded with the FairPlay DRM system, effectively putting limits on how customers can use the content. Content providers want to use FairPlay because of the popularity of the iPod, which is incompatible with all DRM formats other than FairPlay. Apple has declined to license the technology to outside vendors."

USC/Berkeley Report: over 30% of DMCA take-down notices are improper

USC/Berkeley Report: over 30% of DMCA take-down notices are improper.
by JASON SCHULTZ
Copyfight, publication date: 22 November 2005
"The report finds that nearly 1/3rd of all notices are improper and potentially illegal. The full report will be out in March 2006."

BitTorrent shakes hands with MPAA

BitTorrent shakes hands with MPAA
by STEVE MALONE
PC Pro, publication date: 23 November 2005
"'BitTorrent is an extremely efficient publishing tool and search engine that allows creators and rights holders to make their content available on the Internet securely,' said Cohen in a statement. 'BitTorrent discourages the use of its technology for distributing films without a licence to do so. As such, we are pleased to work with the film industry to remove unauthorized content from BitTorrent.com's search engine'."

Tuesday, November 22, 2005

Backing up software could have legal implications

Backing up software could have legal implications
by JOHN AGSALUD
[Honolulu] Star Bulletin, publication date: 21 November 2005
"How do you know if your software is copy protected? You could read the fine print on the license agreements, but the backup policy is not always well-defined."

University Network i2hub Shut Down

University Network i2hub Shut Down
Associated Press
Top Tech News, publication date: 21 November 2005
"'I've never believed i2hub was illegal,' Chang said. 'A lot of people have met their significant others on there, have received or given homework help, etc. It was a real-time social network.'"

Politicos wary of changes to copyright law

Politicos wary of changes to copyright law
by ANNE BROACHE
CNet News, publication date: 16 November 2005
"But panelists encountered reservations--and outright opposition--from several members of the House subcommittee, including Chairman Cliff Stearns, a Florida Republican, who said he thought the solution should lie in
technology, 'not necessarily in legislation.'
...
Stearns and others said they were concerned that any law allowing circumvention of copy-protection devices would undercut the purpose of the DMCA and could be exploited by criminals looking to pirate works.

"I hope we can slow down the movement of (the consumer) bill or stop it entirely," said Rep. Mary Bono, a California Republican who described herself as a "staunch opponent" of the bill.

Barton and Boucher said they disagreed: The same penalties would continue to apply to pirates, they said."

Fair Use and Free Speech

Fair Use and Free Speech
Release of the Documentary Filmmakers' Statement of Best Practices in Fair Use (PDF file)
Center for Social Media, publication date: 18 November 2005

Copyright isn't the last word

Copyright isn't the last word
by ELAINE DUTKA
Los Angeles Times, publication date: 18 November 2005
"Stories such as these spurred the creation of 'The Documentary Filmmakers' Statement of Best Practices in Fair Use,' a document to be released today as a guideline for judging when material is free for use. The statement describes situations in which filmmakers believe the code applies, saving documentarians the cost of consulting attorneys. The law is intentionally vague, intended to be interpreted case by case."

Sony's Copyright Overreach

Sony's Copyright Overreach
by LORRAINE WOELLERT
BusinessWeek, publication date: 17 November 2005
"Now the tide might be turning, thanks to a classic case of overreaching that has fomented a backlash against the industry. On Oct. 31, blogger Mark Russinovich discovered a hidden program installed on his PC by a Sony (SNE) BMG music disk. The code was designed to prevent purchasers of the CD from copying it or converting it. But the program was disturbing for another reason -- in an apparent effort to prevent garden-variety hackers from circumventing the copy restrictions, Sony designed the program to surreptitiously bury itself deep within the Windows operating system, completely hidden from view."

Naxos Pulls Historical Recordings From Stores in Copyright Settlement

Naxos Pulls Historical Recordings From Stores in Copyright Settlement
by BEN MATTISON
Playbill Arts, publication date: 16 November 2005
"The independent record label Naxos has asked stores to remove some of its historical recordings from their shelves and return them, a spokesman for the label confirmed today.
The recall is part of a settlement with Capitol Records stemming from a copyright-infringement case that Capitol had filed against Naxos."

UK inquiry into DRM and the law


UK inquiry into DRM and the law

by OUT-LAW.COM
The Register, publication date: 15 November 2005
'It points to wider applications of DRM in, for example, allowing individuals to buy the right to read a book just once, or pay a fraction of a penny every time they play a song. This allows publishers greater flexibility in the services they offer and leads to increased consumer choice, says the Parliamentary Group.

"DRM systems bring threats and opportunities to both publishers and consumers," said APIG Chairman Derek Wyatt MP. "This inquiry will seek to establish how consumers, artists and the distribution companies should be protected in a continually evolving market place."'

DOJ-Authored Law Would Punish 'Intent To Infringe'


DOJ-Authored Law Would Punish 'Intent To Infringe'

by MARK HACHMAN
ExtremeDRM, publication date: 13 November 2005
"The IPPA would dramtically widen the concept of 'willful infringement'. Rather than applying the penalties to someone who infringes on a copyright, the act would criminalize the 'intent to infringe' the copyright as well."

Friday, November 11, 2005

Google's Stumble

Google's Stumble
by CHRIS KRAEUTER
Forbes.com, publication date: 08 November 2005
"Google's book database would be available only through its own search engine. Even if Google wins in court, it will have sacrificed time and public-relations currency with the very people with whom it is trying to do business.


Ultimately, sales are what matters--to Google and to the publishers--so Google's vision might yet come to fruition, and publishers and authors might become loyal Google converts. But this battle will be withering and will allow competitors the time and opportunity to test their own methods."

Justice Dept. proposes tougher copyright laws

Justice Dept. proposes tougher copyright laws
Reuters
Computerworld, publication date: 11 November 2005
"A recording-industry trade group praised the bill, but a public-interest group, Public Knowledge, said the Justice Department should consider measures that would protect consumers' fair-use rights as well. The bill has not yet been introduced in Congres"

Thursday, November 10, 2005

Blackboard use raises copyright concerns

Blackboard use raises copyright concerns
by IAN YARETT
The Phoenix [Swarthmore], publication date: 10 November 2005
"According to college librarian Peggy Seiden, “The college’s practice, which goes back to our extensive print reserves collections, is to make it the faculty or department’s responsibility to seek permissions from copyright owners. We don’t have the staff to centralize that function, though we will help [administrative assistants] and faculty find addresses and the appropriate contacts.”

The first time that a work is used for a specific class it is considered to be fair use, but after that, faculty should seek permission for subsequent uses such as when the course is re-taught, she explained. “It’s an ongoing process of educating the faculty about when to seek permissions,” she said."

Copyright Act Amendments and Rootkits

Copyright Act Amendments and Rootkits
by LARRY LEAN
Digital Copyright Canada, publication date: 09 November 2005
"Notice the chilling speculation that if you point out what Sony CD's do with technical details, publicly, you may be committing a criminal or civil offence. Were our amendments in place, it would be ditto, would it not? This is no longer hypothetical but a real situation that the law has to account for or plainly ought to: it should not place users in a position of helplessness with respect to their personal property ('Can't remove the DRM') or defend a trespass and tampering with their computer equipment ('Couldn't they think of this?')."

Google's Tough Call

Google's Tough Call
by LAWRENCE LESSIG
Wired Magazine, publication date: November 2005
"Schroeder is right, but the Authors Guild and the AAP are wrong. Copyright law has been turned on its ear, but it's not Google that did the turning; it's the Internet. Nor is it Google that is exploiting this turn; that title goes to the Authors Guild and the AAP.

Indeed, their claims about Google represent the biggest landgrab in the history of the Internet, and if taken seriously, will chill a wide range of innovation. Because if the AAP is right, it's not Google Print that's illegal. The outlaw is Google itself - and Yahoo!, and MSN Search, and the Internet Archive, and every other technology that makes knowledge useful in a digital age."

Bush administration wants tougher piracy laws

Bush administration wants tougher piracy laws
by BROOKS BOLIEK
Hollywood Reporter, publication date: 11 November 2005
"Gonzales said the new laws were necessary because technological changes make it easier for pirates to steal material and the money generated by the activity can fund other criminal ventures such as terrorism."

Supremes won't review freelancer's source code defeat


Supremes won't review freelancer's source code defeat

by OUT-LAW.com
The Register, publication date: 10 November 2005
"Unfortunately for Titleserv, the question of ownership and copyright in the programs had never been fully agreed, and on his departure, according to court papers, Krause took with him the only copies of the source code for two of the disputed programs, leaving copies of the other six."

Pulp friction

Pulp friction
The Economist, publication date: 10 November 2005
"This month, Google announced that it is moving forward with its plans to digitise books from several big libraries, despite two lawsuits filed in October by authors and publishers who claim that the firm's actions violate their copyrights. (Google says its actions are legal under a “fair use” exception in the law.)
...
'In the future, the only thing that will get read is something that will be online. If it isn't online, it doesn't exist,' proclaims Jim Gerber, director of content partnerships at Google. "

Wednesday, November 09, 2005

Region coding for PS3 unlikely

Region coding for PS3 unlikely
by ANDREW COLLEY
Australian IT, publication date: 08 November 2005
"SCE Australia recent lost a lengthy legal battle which reached the High Court and brought its policy of coding discs specifically for market regions under scrutiny from the Australian Competition and Consumer Commission (ACCC)."

Tuesday, November 08, 2005

Grokster Calls It Quits on Sharing Music Files

Grokster Calls It Quits on Sharing Music Fileswarning: registration required
by JEFF LEEDS
The New York Times, publication date: 08 November 2005
"The company said it planned to create a 'safe and legal' service and refer users to a new Web site, www.grokster3g.com. Grokster is expected to be absorbed by Mashboxx, a new venture run by Wayne Rosso, a former Grokster president, who has already struck a deal to license music from Sony BMG Music Entertainment, the world's second-biggest music company."

Study of Sony Anti-Piracy Software Triggers Uproar

Study of Sony Anti-Piracy Software Triggers Uproar
by BRIAN KREBS
Washington Post, publication date: 02 November 2005
"Privacy and security experts charged that the technology built into many of Sony's music CDs since March is unnecessarily invasive and exposes users to threats from hackers and virus writers."

Monday, November 07, 2005

Congress divided on broadcast flag plan

Congress divided on broadcast flag plan
by ANNE BROACHE
CNET News.com, publication date: 03 November 2005
"Rep. Zoe Lofgren, a California Democrat, said that 'we should do what we can to support content owners from being ripped off.' But she said that protection should not come at the expense of limiting the rights of consumers or impeding the growth of new technology."

HK man jailed in world's first copyright violation case

HK man jailed in world's first copyright violation case
The Associated Press
International Herald Tribune, publication date: 07 November 2005
"A Hong Kong man on Monday was sentenced to three months in prison in what local officials said was the world's first successful prosecution of copyright violation using the popular file-sharing software BitTorrent."

Thursday, November 03, 2005

Peer-to-Peer Goes Legit

Peer-to-Peer Goes Legit
by NIALL MCKAY
Wired News, publication date: 03 November 2005
"Now the company has built Microsoft Digital Rights Management technology into its software, allowing users to see a complete list of tracks available on the Gnutella network. However, they can only download tracks that they are willing to pay for, or that are not copyright protected.


'We are the first true P2P company to legalize our service,' said Talmon Marco, president and co-founder of iMesh. 'Unlike iTunes or Rhapsody or Napster, we will also provide access to another 15 million so-called 'gray market' soundtracks free of charge.'"