Digital Rights in question as business model
by ANTONY BRUNO
Reuters, publication date: 15 October 2006
"If the music industry truly wants to loosen Apple's iron grip on digital music sales, it should start allowing music to be sold without digital rights management protection.
...
DRM, they say, simply forces consumers to buy hardware with proprietary technology that enriches software companies rather than artists or labels."
Saturday, October 28, 2006
Government should use DRM sparingly
Government should use DRM sparingly
by ROBERT GELLMAN
Government Computer News, publication date: 9 October 2006
"Comments of this type are usually public documents, and today they are often available on the Internet. What happens if a commentator used DRM to restrict access to the text?
A similar issue came up years ago when I worked for a House of Representatives subcommittee. Someone submitted testimony for a hearing with a prominent copyright notice. Did that mean that the testimony could not be distributed or printed? No one was quite sure, but we took the easy way out. We ignored the copyright notice. The submitter never objected, preferring to influence and not anger the committee. With a DRM-restricted document, however, subsequent dissemination of that testimony could have been difficult or impossible. "
by ROBERT GELLMAN
Government Computer News, publication date: 9 October 2006
"Comments of this type are usually public documents, and today they are often available on the Internet. What happens if a commentator used DRM to restrict access to the text?
A similar issue came up years ago when I worked for a House of Representatives subcommittee. Someone submitted testimony for a hearing with a prominent copyright notice. Did that mean that the testimony could not be distributed or printed? No one was quite sure, but we took the easy way out. We ignored the copyright notice. The submitter never objected, preferring to influence and not anger the committee. With a DRM-restricted document, however, subsequent dissemination of that testimony could have been difficult or impossible. "
Government should use DRM sparingly
Government should use DRM sparingly
by ROBERT GELLMAN
Government Computing News, publication date:9 October 2006
"Comments of this type are usually public documents, and today they are often available on the Internet. What happens if a commentator used DRM to restrict access to the text?
A similar issue came up years ago when I worked for a House of Representatives subcommittee. Someone submitted testimony for a hearing with a prominent copyright notice. Did that mean that the testimony could not be distributed or printed? No one was quite sure, but we took the easy way out. We ignored the copyright notice. The submitter never objected, preferring to influence and not anger the committee. With a DRM-restricted document, however, subsequent dissemination of that testimony could have been difficult or impossible. "
by ROBERT GELLMAN
Government Computing News, publication date:9 October 2006
"Comments of this type are usually public documents, and today they are often available on the Internet. What happens if a commentator used DRM to restrict access to the text?
A similar issue came up years ago when I worked for a House of Representatives subcommittee. Someone submitted testimony for a hearing with a prominent copyright notice. Did that mean that the testimony could not be distributed or printed? No one was quite sure, but we took the easy way out. We ignored the copyright notice. The submitter never objected, preferring to influence and not anger the committee. With a DRM-restricted document, however, subsequent dissemination of that testimony could have been difficult or impossible. "
Google Rivals Hit by Subpoenas; Also, Book Search adds leading university in Spain
Google Rivals Hit by Subpoenas; Also, Book Search adds leading university in Spain [link not yet available; coming soon]
by ANDREW ALBANESE
Library Journal, publication date: 1 November 2006
"It's going to be a tough road for publishers and authors looking to halt Google's library scan plan. Opening its defense, Google prepared to drop subpoenas on its rivals, including Microsoft and Yahoo, as well as publishers and booksellers. The subpoenas ask for documents from Yahoo Inc., Microsoft Corp., the Association of American Publishers, HarperCollins Publishers Inc., Bertelsmann/Random House Inc., Holtzbrinck Publishers, and Amazon.com pertaining to everything from content agreements to each company's analyses of copyright infringement and fair use, as well as fiscal forecasts, technical details, and digital rights management schemes."
by ANDREW ALBANESE
Library Journal, publication date: 1 November 2006
"It's going to be a tough road for publishers and authors looking to halt Google's library scan plan. Opening its defense, Google prepared to drop subpoenas on its rivals, including Microsoft and Yahoo, as well as publishers and booksellers. The subpoenas ask for documents from Yahoo Inc., Microsoft Corp., the Association of American Publishers, HarperCollins Publishers Inc., Bertelsmann/Random House Inc., Holtzbrinck Publishers, and Amazon.com pertaining to everything from content agreements to each company's analyses of copyright infringement and fair use, as well as fiscal forecasts, technical details, and digital rights management schemes."
Digital rights in question as business model?|?Tech&Sci?|?Technology?|?Reuters.com
Digital Rights in question as business model
by ANTONY BRUNO
Reuters, publication date: 15 October 2006
"If the music industry truly wants to loosen Apple's iron grip on digital music sales, it should start allowing music to be sold without digital rights management protection.
...
DRM, they say, simply forces consumers to buy hardware with proprietary technology that enriches software companies rather than artists or labels."
by ANTONY BRUNO
Reuters, publication date: 15 October 2006
"If the music industry truly wants to loosen Apple's iron grip on digital music sales, it should start allowing music to be sold without digital rights management protection.
...
DRM, they say, simply forces consumers to buy hardware with proprietary technology that enriches software companies rather than artists or labels."
Monday, October 23, 2006
The Law Review's Commitment to Open-Access Publishing
The Law Review's Commitment to Open-Access Publishing
Colloquy: Northwestern University Law Review, publication date: 23 October 2006
"Here at the Northwestern University Law Review, we have read with interest the recent discussion concerning the importance of open access publication of legal scholarship. We wanted to take this opportunity to express our committment to maintaining broad and costless access to the information we publish.
...
Our current plan is to scan and post archival content at a steady rate, working backwards from the most recent issues towards the oldest. It may take some time before all of our content is open-access, but it is and will remain a key goal for the Law Review. "
Way to go, NU Law Review. Sounds like a great project for a certain book scanner of our acquaintance...
Colloquy: Northwestern University Law Review, publication date: 23 October 2006
"Here at the Northwestern University Law Review, we have read with interest the recent discussion concerning the importance of open access publication of legal scholarship. We wanted to take this opportunity to express our committment to maintaining broad and costless access to the information we publish.
...
Our current plan is to scan and post archival content at a steady rate, working backwards from the most recent issues towards the oldest. It may take some time before all of our content is open-access, but it is and will remain a key goal for the Law Review. "
Way to go, NU Law Review. Sounds like a great project for a certain book scanner of our acquaintance...
Scanning Books for Lexicography as Fair Use
Scanning Books for Lexicography as Fair Use
by WILLIAM MCGEVERAN
Info/Law, publication date: 21 October 2006
"It may be time to revisit whether scanning, even though it is literally a form of reproduction, should be considered more like machine-assisted reading, at least when the purpose is the kind of data-crunching of either indexing (as in Google) or analyzing linguistic patterns. "
by WILLIAM MCGEVERAN
Info/Law, publication date: 21 October 2006
"It may be time to revisit whether scanning, even though it is literally a form of reproduction, should be considered more like machine-assisted reading, at least when the purpose is the kind of data-crunching of either indexing (as in Google) or analyzing linguistic patterns. "
Lawsuit Over Google's Book Project A Long, Long Way From Even Starting
Lawsuit Over Google's Book Project A Long, Long Way From Even Starting
Techdirt, publication date: 20 October 2006
"At this point, neither side needs to file until January of 2008, meaning that if the case actually goes to court, it won't happen for quite some time."
Techdirt, publication date: 20 October 2006
"At this point, neither side needs to file until January of 2008, meaning that if the case actually goes to court, it won't happen for quite some time."
iPods vs. everything else: An audio quality arms race? More like a fashion arms race
iPods vs. everything else: An audio quality arms race? More like a fashion arms race
by DAVID BERLIND
ZDNet, publication date: 23 October 2006
"Of the bunch though, Microsoft is probably the only one with (1) the killer instinct, (2) a need to do some sort of bet-the-company move (all technology roads eventually lead to the company with the leading digital rights management system and Microsoft knows that it has to be that company), and (3) the advertising budget. "
by DAVID BERLIND
ZDNet, publication date: 23 October 2006
"Of the bunch though, Microsoft is probably the only one with (1) the killer instinct, (2) a need to do some sort of bet-the-company move (all technology roads eventually lead to the company with the leading digital rights management system and Microsoft knows that it has to be that company), and (3) the advertising budget. "
Preserving a copy of the future
Preserving a copy of the future
by WENDY GROSSMAN
Guardian Unlimited, publication date: 19 October 2006
"Meanwhile, the recording industry is lobbying to extend the term of copyright in sound recordings from 50 years to 95, as it is in the US - a move opposed by the British Library Sound Archive.
'Under UK copyright law," says Ben White, copyright and compliance manager at the British Library, "we are unable to copy for preservation purposes film or sound material that sits in our permanent collection.'
...
Richard Mollet, director of public affairs for the British Phonographic Industry (BPI), the industry's trade association, thinks issues of term extension and preservation copying should be kept separate.
'Many record companies maintain, at considerable expense, custom-built archives to collect and preserve and make available material over which they hold rights,' he says. 'The British Library isn't the only archivist in town. The idea that if it weren't for the British Library no archiving would be going on is false.' An exemption would solve the British Library's problem. The BPI does, however, want term extension."
by WENDY GROSSMAN
Guardian Unlimited, publication date: 19 October 2006
"Meanwhile, the recording industry is lobbying to extend the term of copyright in sound recordings from 50 years to 95, as it is in the US - a move opposed by the British Library Sound Archive.
'Under UK copyright law," says Ben White, copyright and compliance manager at the British Library, "we are unable to copy for preservation purposes film or sound material that sits in our permanent collection.'
...
Richard Mollet, director of public affairs for the British Phonographic Industry (BPI), the industry's trade association, thinks issues of term extension and preservation copying should be kept separate.
'Many record companies maintain, at considerable expense, custom-built archives to collect and preserve and make available material over which they hold rights,' he says. 'The British Library isn't the only archivist in town. The idea that if it weren't for the British Library no archiving would be going on is false.' An exemption would solve the British Library's problem. The BPI does, however, want term extension."
How Accessible are Historic Television Broadcasts?
How Accessible are Historic Television Broadcasts?
by JEFF UBOIS
Television Archiving and Journal of Digital Information link to pdf document
"For example, libraries with print collections rarely prohibit the use of Xerox machines, but because of copyright law and contractual agreements with donors and program owners, video libraries are typically unable to allow or provide onsite reproduction, or offsite consultation via the Internet. Videos that can’t be legally reproduced are not typically usable for other purposes such as classroom showing. (p4)
...
Ultimately, reconstruction of the Dan Quayle – Murphy Brown interaction based on primary
source materials proved effectively impossible, despite extensive and prolonged efforts. The
speech by Dan Quayle that initiated the controversy was inaccessible for reasons of copyright,
and the owner of the Murphy Brown episodes refused to provide them for educational use. Other
news and entertainment footage was difficult to find, expensive, or unavailable.(p8)"
by JEFF UBOIS
Television Archiving and Journal of Digital Information link to pdf document
"For example, libraries with print collections rarely prohibit the use of Xerox machines, but because of copyright law and contractual agreements with donors and program owners, video libraries are typically unable to allow or provide onsite reproduction, or offsite consultation via the Internet. Videos that can’t be legally reproduced are not typically usable for other purposes such as classroom showing. (p4)
...
Ultimately, reconstruction of the Dan Quayle – Murphy Brown interaction based on primary
source materials proved effectively impossible, despite extensive and prolonged efforts. The
speech by Dan Quayle that initiated the controversy was inaccessible for reasons of copyright,
and the owner of the Murphy Brown episodes refused to provide them for educational use. Other
news and entertainment footage was difficult to find, expensive, or unavailable.(p8)"
Forbidding Vistas: Windows licensing disserves the user
Forbidding Vistas: Windows licensing disserves the user
by WENDY SELTZER
wendy.seltzer.org, publication date: 19 October 2006
"'[C]ontent owners may ask Microsoft to revoke the software's ability to use WMDRM [Windows Media digital rights management] to play or copy protected content.' In other words, one movie or music file may take away your ability to play another, if the content owner (not the computer owner) chooses to cut back the Windows Media Player's features. Don't like the reports that Creative is removing radio recording functions from its MP3 players, under music industry pressure? Prepare for that kind of feature flux to be routine in Vista -- you've agreed to it in the license."
by WENDY SELTZER
wendy.seltzer.org, publication date: 19 October 2006
"'[C]ontent owners may ask Microsoft to revoke the software's ability to use WMDRM [Windows Media digital rights management] to play or copy protected content.' In other words, one movie or music file may take away your ability to play another, if the content owner (not the computer owner) chooses to cut back the Windows Media Player's features. Don't like the reports that Creative is removing radio recording functions from its MP3 players, under music industry pressure? Prepare for that kind of feature flux to be routine in Vista -- you've agreed to it in the license."
Rise of a copyright auto-cop
Rise of a copyright auto-cop
by ALEX VEIGA (Associated Press)
The Philadelphia Inquirer, publication date: 22 October 2006
"While YouTube is known as the place to find almost any kind of video clip, recent agreements with high-profile content creators require YouTube to deploy an audio-signature technology that can spot a low-quality copy of a licensed music video or other content. YouTube would have to substitute an approved version of the clip or take the material down automatically."
by ALEX VEIGA (Associated Press)
The Philadelphia Inquirer, publication date: 22 October 2006
"While YouTube is known as the place to find almost any kind of video clip, recent agreements with high-profile content creators require YouTube to deploy an audio-signature technology that can spot a low-quality copy of a licensed music video or other content. YouTube would have to substitute an approved version of the clip or take the material down automatically."
Reader Voices: Copyright Duration
Reader Voices: Copyright Duration
by ED FOSTER
InfoWorld, publication date: 20 October 2006
"Others thought a more modest rollback of the copyright term is in order. 'The current term of copyright is obscenely long -- why should your great-grandchildren get royalties on something you created? One of the sanest suggestions I have heard came from Orson Scott Card, someone who makes his living as a writer, who suggests the longer of 100 years or lifetime of the author plus 20 years. "
by ED FOSTER
InfoWorld, publication date: 20 October 2006
"Others thought a more modest rollback of the copyright term is in order. 'The current term of copyright is obscenely long -- why should your great-grandchildren get royalties on something you created? One of the sanest suggestions I have heard came from Orson Scott Card, someone who makes his living as a writer, who suggests the longer of 100 years or lifetime of the author plus 20 years. "
Obstructive copyright slammed
Obstructive copyright slammed
by KIM THOMAS
Information World Review, publication date: 20 October 2006
"A report on copyright from the scholarly body for the arts and humanities said copyright holders were obstructing many academic researchers by trying to stop them quoting from their work or demanding substantial payments. It accused commercial rights holders, particularly in the music industry, of being over-aggressive in defending their rights."
by KIM THOMAS
Information World Review, publication date: 20 October 2006
"A report on copyright from the scholarly body for the arts and humanities said copyright holders were obstructing many academic researchers by trying to stop them quoting from their work or demanding substantial payments. It accused commercial rights holders, particularly in the music industry, of being over-aggressive in defending their rights."
Boy Scouts get MPAA-approved copyright merit badge
Boy Scouts get MPAA-approved copyright merit badge
by NATE ANDERSON
Ars Technica, publication date: 20 October 2006
"'Research peer to peer websites—describe to your troop what they are and how they are sometimes used to illegally trade copyrighted materials,' suggests the official curriculum."
by NATE ANDERSON
Ars Technica, publication date: 20 October 2006
"'Research peer to peer websites—describe to your troop what they are and how they are sometimes used to illegally trade copyrighted materials,' suggests the official curriculum."
Sunday, October 15, 2006
Copyright Jungle
Copyright Jungle
by SIVA VAIDHYANATHAN
Columbia Journalism Review, publication date: September/October 2006
"If every download replaced a sale, there would be no commercial music industry left. The relationship between the free version and the legitimate version is rather complex, like the relationship between a public library and a book publisher. Sometimes free stuff sells stuff."
...
"In the digital realm, however, copyright holders may install digital-rights-management schemes that limit the transportation of both the container and the content. So libraries may not lend out major portions of their materials if they are in digital form. As more works are digitized, libraries are shifting to the lighter, space-saving formats. As a result, libraries of the future could be less useful to citizens."
by SIVA VAIDHYANATHAN
Columbia Journalism Review, publication date: September/October 2006
"If every download replaced a sale, there would be no commercial music industry left. The relationship between the free version and the legitimate version is rather complex, like the relationship between a public library and a book publisher. Sometimes free stuff sells stuff."
...
"In the digital realm, however, copyright holders may install digital-rights-management schemes that limit the transportation of both the container and the content. So libraries may not lend out major portions of their materials if they are in digital form. As more works are digitized, libraries are shifting to the lighter, space-saving formats. As a result, libraries of the future could be less useful to citizens."
Do Academics Have an Ethical Obligation to Publish in Open Access Venues?
Do Academics Have an Ethical Obligation to Publish in Open Access Venues?
by LAWRENCE SOLUM
Legal Theory Blog, publication date: 13 October 2006
"The open-access imperative can be grounded on at least three ideas: (1) the idea that scholarship and the emergence of truth is an intrinsic telic good--an end worth pursuing for its own sake; (2) the idea that the creations of new ideas (a special form of information) is a public good in the economist's sense (because ideas have external social benefits and ideas cannot be rationed through price mechanisms); and (3) the idea that the fundamental moral equality of persons supports the maximization of access on reasonable terms of all persons to the realm of scholarly ideas."
by LAWRENCE SOLUM
Legal Theory Blog, publication date: 13 October 2006
"The open-access imperative can be grounded on at least three ideas: (1) the idea that scholarship and the emergence of truth is an intrinsic telic good--an end worth pursuing for its own sake; (2) the idea that the creations of new ideas (a special form of information) is a public good in the economist's sense (because ideas have external social benefits and ideas cannot be rationed through price mechanisms); and (3) the idea that the fundamental moral equality of persons supports the maximization of access on reasonable terms of all persons to the realm of scholarly ideas."
More on Open Access Scholarship
More on Open Access Scholarship
by MIKE MADISON
madisonian.net, publication date: 13 October 2006
"At Pitt, I talked the other day with the current Editor in Chief, who reported to me that the number one topic of discussion for his board is how to improve the law review’s citation rank. How do you do that? Get the content out there. Allow authors to post to SSRN and BePress (which the law review does), and put its content on the Web in a timely way (which the law review knows that it needs to do)."
by MIKE MADISON
madisonian.net, publication date: 13 October 2006
"At Pitt, I talked the other day with the current Editor in Chief, who reported to me that the number one topic of discussion for his board is how to improve the law review’s citation rank. How do you do that? Get the content out there. Allow authors to post to SSRN and BePress (which the law review does), and put its content on the Web in a timely way (which the law review knows that it needs to do)."
The Chicago Intellectual Property Colloquim Spring 2007
The Chicago Intellectual Property Colloquim Spring 2007
Lineup for Spring 2007 (January - April) has been announced, and speakers will include Glynn Lunney, Margaret Chon, and Pamela Samuelson.
Lineup for Spring 2007 (January - April) has been announced, and speakers will include Glynn Lunney, Margaret Chon, and Pamela Samuelson.
Taking back educational fair use
Taking back educational fair use
by BRETT FRISCHMANN
Madisonian.net, publication date: 8 October 2006
"Suppose a State determines that all uses of copyrighted materials by any state-owned educational institution serve a genuine and important public purpose and thus should be permitted without a license. Could the State implement statewide educational fair use? Could the State implement a copyright safe harbor for state-owned educational institutions?"
by BRETT FRISCHMANN
Madisonian.net, publication date: 8 October 2006
"Suppose a State determines that all uses of copyrighted materials by any state-owned educational institution serve a genuine and important public purpose and thus should be permitted without a license. Could the State implement statewide educational fair use? Could the State implement a copyright safe harbor for state-owned educational institutions?"
Moneychangeseverything.com
Moneychangeseverything.com
by NORA EPHRON
Huffington Post via Yahoo News, publication date: 13 October 2006
"I've followed Myrvold's career in the meantime - he left Microsoft, bought a plane for himself, and started his own company, Intellectual Ventures - but it never crossed my mind that I would ever find him nine years later talking sentimentally about copyright. I mean, copyright? Even I have given up on copyright. I feel about copyright exactly the way Myrvold felt in 1997 about the end of print as we know it. But Myrvold seems to have fallen in love with copyright. He used it to attack the YouTube deal - 'But they don't own the content' seems to be the current conventional-wisdom-slash-Schadenfreude comment to make about the YouTube deal - and went on to say, in what I think was meant to be a moving moment, that he had ordered his twins to pay for their music downloads, even though none of their friends do. 'Copyright built our house,' Myrvold said. 'I told them, as long as you're sleeping here, you have to respect copyright.'"
by NORA EPHRON
Huffington Post via Yahoo News, publication date: 13 October 2006
"I've followed Myrvold's career in the meantime - he left Microsoft, bought a plane for himself, and started his own company, Intellectual Ventures - but it never crossed my mind that I would ever find him nine years later talking sentimentally about copyright. I mean, copyright? Even I have given up on copyright. I feel about copyright exactly the way Myrvold felt in 1997 about the end of print as we know it. But Myrvold seems to have fallen in love with copyright. He used it to attack the YouTube deal - 'But they don't own the content' seems to be the current conventional-wisdom-slash-Schadenfreude comment to make about the YouTube deal - and went on to say, in what I think was meant to be a moving moment, that he had ordered his twins to pay for their music downloads, even though none of their friends do. 'Copyright built our house,' Myrvold said. 'I told them, as long as you're sleeping here, you have to respect copyright.'"
Saturday, October 14, 2006
The Zune, the Creative Commons, and the DRM
The Zune, the Creative Commons, and the DRM
by JAMES GRIMMELMANN
LawMeme, publication date: 17 September 2006
"Your Zune-enabled friend of convenience can only listen to the file three times, and must do so within three days. After that, the DRM in which Microsoft wraps everything that goes on a Zune will kick in and disable access."
by JAMES GRIMMELMANN
LawMeme, publication date: 17 September 2006
"Your Zune-enabled friend of convenience can only listen to the file three times, and must do so within three days. After that, the DRM in which Microsoft wraps everything that goes on a Zune will kick in and disable access."
First Blu-ray disc drive won’t play Blu-ray movies
First Blu-ray disc drive won’t play Blu-ray movies
by ASHER MOSES
CNet.com.au, publication date: 11 August 2006
"Vincent Bautista, Sony's product manager for data storage, told CNET.com.au that due to copy protection issues and lagging software development, the drive will only play user-recorded high-definition content from a digital camcorder, and not commercial movies released under the BD format."
by ASHER MOSES
CNet.com.au, publication date: 11 August 2006
"Vincent Bautista, Sony's product manager for data storage, told CNET.com.au that due to copy protection issues and lagging software development, the drive will only play user-recorded high-definition content from a digital camcorder, and not commercial movies released under the BD format."
Section 108 roundtable in Chicago, January 31, 2007
Public Roundtable Announced for January 31, 2007 in Chicago (PDF)
Section 108 Study Group, Library of Congress
publication date: 4 October 2006
Section 108 Study Group, Library of Congress
publication date: 4 October 2006
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