Output Content Protection (DRM) and Windows Vista
by JIMMY PALMER
DRM Blog, publication date: 26 May 2006
"Once again the consumer is the one paying for DRM and most people will never know about it. But the fun does not stop there. “If you are a graphics chip manufacturer”, it is your responsibility as one of the trusted links in the PC chain to make sure that you are not selling your chips to any rogue elements who are going to make “hacker-friendly graphics boards”. Logically, according to Microsoft, the easiest way to do this is to ensure that your GPU performs encryption in the chip itself. Apparently, it is also important that both the driver certificate and the private key both be “obfuscated”. In fact, Microsoft has come up with an obfuscation tool that they use for their Certified Output Protection Protocol (COPP). It is assumed that the driver makers will use this same tool when obfuscating their key."
Tuesday, May 30, 2006
More DRM woe
More DRM woe
by Claire
I spent the weekend setting up my new MacMini at home and researching HDTV options for our media center at work, which may have to accelerate hi def implementation due to a looming building-wide construction project. Both were painful and eye-opening experiences.
About two months ago, when a software incompatibility temporarily prevented me from playing them on my iPod, I finally did what I should have done long ago, and vowed to never again purchase albums through the iTunes music store. I still succumb to the occasional must-have-it-now urge and buy a track, but I can't in good conscience buy content I know is DRM-protected if I can get a truly compatible version from another source. And I'm talking about buying CD's here, not using P2P. I'm one of those law-abiding users who will always pay for my content, but the music industry punishes me with DRM.
The wisdom of this decision, and regret that I ever bought albums through ITMS, were reinforced as I attempted to migrate my music library to the new mac. Apparently that hard drive failure last June cost me one of my 5 precious authorizations, and I'm now 3 down instead of two. Even if this is reversible, it's so incredibly offensive that I can't move around the music I've purchased. I dread what will happen when we migrate my husband's Windows-based iTunes library to the mini. Then I found that I have even less access to all those streaming sites than I used to, thanks to Microsoft's refusal to continue Mac support for the Windows Media Player. As boneheaded as I think Apple's FairPlay support is, at least other forms of OS-wide DRM support are at bay for now.
The next media experiment was to try to shift an off-air recording from our Dish DVR to the Mini so that I could burn to DVD and free up some room on the DVR. I'm not planning to sell this content, or even give it away. Just want to format shift it. Of course, I'm screwed. That little USB port on the cable box isn't enabled; the only way to get the recordings seems to be to break the hard drive out of the box, voiding the warranty, and jump through any number of questionable software hoops to get the content. No thanks. Wish we'd set up our own DVR last summer, when the broadcast flag stuff was looming, or gotten a TiVO instead of the Dish-supplied DRM nightmare DVR that we are now stuck with.
Finally, I went to BestBuy to actually look at the current crop of HDTVs. Woe to the consumer who doesn't know exactly what HDMI is, and what HD-ready versus HD-capable are. I had a salesperson tell me that HD DVD players are only $150 already! I knew this was wrong, and it turns out he was talking about regular DVD players that can "up-convert" to HD. The Toshiba HD-DVD player, which at least can play current generation DVDs, is still a $450 bite. Jimmy Palmer covered this much better than I ever could a few weeks ago. It's just shocking to me how quickly we're getting locked down, and how easily we slip in to these unconvertible formats. Because I do what I do, I am fairly well-informed about the various video formats and about DRM, yet I still find that it has insinuated itself into my life, and that I have to consider buying content that cannot be preserved. It's bad enough to waste my own money on it, but spending the university's money on it seems almost criminal. Yet this is what we are forced to deal with. The rise of the network has given us licenses instead of purchases, less access to backfiles, and rapid obsolescence of video formats that will require us to purchase the same titles repeatedly, year after year, with no guarantee that we can ever preserve them, or even play them.
It really makes me sick at heart.
by Claire
I spent the weekend setting up my new MacMini at home and researching HDTV options for our media center at work, which may have to accelerate hi def implementation due to a looming building-wide construction project. Both were painful and eye-opening experiences.
About two months ago, when a software incompatibility temporarily prevented me from playing them on my iPod, I finally did what I should have done long ago, and vowed to never again purchase albums through the iTunes music store. I still succumb to the occasional must-have-it-now urge and buy a track, but I can't in good conscience buy content I know is DRM-protected if I can get a truly compatible version from another source. And I'm talking about buying CD's here, not using P2P. I'm one of those law-abiding users who will always pay for my content, but the music industry punishes me with DRM.
The wisdom of this decision, and regret that I ever bought albums through ITMS, were reinforced as I attempted to migrate my music library to the new mac. Apparently that hard drive failure last June cost me one of my 5 precious authorizations, and I'm now 3 down instead of two. Even if this is reversible, it's so incredibly offensive that I can't move around the music I've purchased. I dread what will happen when we migrate my husband's Windows-based iTunes library to the mini. Then I found that I have even less access to all those streaming sites than I used to, thanks to Microsoft's refusal to continue Mac support for the Windows Media Player. As boneheaded as I think Apple's FairPlay support is, at least other forms of OS-wide DRM support are at bay for now.
The next media experiment was to try to shift an off-air recording from our Dish DVR to the Mini so that I could burn to DVD and free up some room on the DVR. I'm not planning to sell this content, or even give it away. Just want to format shift it. Of course, I'm screwed. That little USB port on the cable box isn't enabled; the only way to get the recordings seems to be to break the hard drive out of the box, voiding the warranty, and jump through any number of questionable software hoops to get the content. No thanks. Wish we'd set up our own DVR last summer, when the broadcast flag stuff was looming, or gotten a TiVO instead of the Dish-supplied DRM nightmare DVR that we are now stuck with.
Finally, I went to BestBuy to actually look at the current crop of HDTVs. Woe to the consumer who doesn't know exactly what HDMI is, and what HD-ready versus HD-capable are. I had a salesperson tell me that HD DVD players are only $150 already! I knew this was wrong, and it turns out he was talking about regular DVD players that can "up-convert" to HD. The Toshiba HD-DVD player, which at least can play current generation DVDs, is still a $450 bite. Jimmy Palmer covered this much better than I ever could a few weeks ago. It's just shocking to me how quickly we're getting locked down, and how easily we slip in to these unconvertible formats. Because I do what I do, I am fairly well-informed about the various video formats and about DRM, yet I still find that it has insinuated itself into my life, and that I have to consider buying content that cannot be preserved. It's bad enough to waste my own money on it, but spending the university's money on it seems almost criminal. Yet this is what we are forced to deal with. The rise of the network has given us licenses instead of purchases, less access to backfiles, and rapid obsolescence of video formats that will require us to purchase the same titles repeatedly, year after year, with no guarantee that we can ever preserve them, or even play them.
It really makes me sick at heart.
Wednesday, May 17, 2006
Record Labels Sue XM Radio
Record Labels Sue XM Radio
by FRED VON LOHMANN
Electronic Frontier Foundation, publication date: 17 May 2006
"Inducement isn't just for pirates anymore: In the wake of the Supreme Court's ruling in MGM v. Grokster, EFF warned that the newly minted 'inducement' weapon would not be reserved for 'bad actors,' but would also be leveled against legitimate innovators building the next generation of fair use technologies. Sure enough, the complaint accuses XM of inducement based on the following statements in promotional materials: 'Hear It, Click It, Save It!,' '[XM] delivers new music to you everyday and lets you choose tracks to create your own custom playlists,' 'record with the touch of a button,' and 'store up to 50 hours of XM.' Not exactly a pirates 'ahoy,' is it?"
by FRED VON LOHMANN
Electronic Frontier Foundation, publication date: 17 May 2006
"Inducement isn't just for pirates anymore: In the wake of the Supreme Court's ruling in MGM v. Grokster, EFF warned that the newly minted 'inducement' weapon would not be reserved for 'bad actors,' but would also be leveled against legitimate innovators building the next generation of fair use technologies. Sure enough, the complaint accuses XM of inducement based on the following statements in promotional materials: 'Hear It, Click It, Save It!,' '[XM] delivers new music to you everyday and lets you choose tracks to create your own custom playlists,' 'record with the touch of a button,' and 'store up to 50 hours of XM.' Not exactly a pirates 'ahoy,' is it?"
Tuesday, May 16, 2006
DTV HDTV HDMI HDCP DVI = BAD DRM
DTV HDTV HDMI HDCP DVI = BAD DRM
by JIMMY PALMER
DRMBlog, publication date: 15 May 2006
"Both the HD-DVD and Blu-Ray organizations are quick to point out that none of the first movies that are being released actually implement the protection flag and assure us there is nothing to worry about. The fact remains that all HDCP devices must comply with the protection flag, and the protection flag is turned on by the content makers and not the hardware makers. There is nothing illegal about what these electronics manufacturers are doing but it is certainly unethical that they are not educating their customers.
If you think this is not a problem or that the buyer should beware then please consider some recent research from Scientific-Atlanta and Forrester Research. By the end of 2006 there will be 16 million U.S. households with HDTV sets and at that time only 7 million of them will actually be getting HDTV reception. Of the people that have HDTV sets now only 51% were actually using any of their HD capability. Twenty-Five percent of the people with HDTV were hooked up to standard cable but thought they were watching HDTV because at the beginning of television shows they saw a message that said 'Broadcast in HDTV where available'."
by JIMMY PALMER
DRMBlog, publication date: 15 May 2006
"Both the HD-DVD and Blu-Ray organizations are quick to point out that none of the first movies that are being released actually implement the protection flag and assure us there is nothing to worry about. The fact remains that all HDCP devices must comply with the protection flag, and the protection flag is turned on by the content makers and not the hardware makers. There is nothing illegal about what these electronics manufacturers are doing but it is certainly unethical that they are not educating their customers.
If you think this is not a problem or that the buyer should beware then please consider some recent research from Scientific-Atlanta and Forrester Research. By the end of 2006 there will be 16 million U.S. households with HDTV sets and at that time only 7 million of them will actually be getting HDTV reception. Of the people that have HDTV sets now only 51% were actually using any of their HD capability. Twenty-Five percent of the people with HDTV were hooked up to standard cable but thought they were watching HDTV because at the beginning of television shows they saw a message that said 'Broadcast in HDTV where available'."
SCOTUS to Patent Holders: No, No, and Also No.
SCOTUS to Patent Holders: No, No, and Also No.
by ALAN WEXELBLAT
Copyfight, publication date: 15 May 2006
"I don't think that SCOTUS expressely addressed the notion of 'patent trolls' but Kaplan points to a concurring opinion signed by four Justices that expresses sympathy with the concerns of companies - particularly in high tech - that feel they are being held hostage by patent holders who have no function other than to sue everyone in sight."
by ALAN WEXELBLAT
Copyfight, publication date: 15 May 2006
"I don't think that SCOTUS expressely addressed the notion of 'patent trolls' but Kaplan points to a concurring opinion signed by four Justices that expresses sympathy with the concerns of companies - particularly in high tech - that feel they are being held hostage by patent holders who have no function other than to sue everyone in sight."
FM10 Openness conference
FM10 Openness
I'm attending the First Monday 10th Anniversary conference May 15-17. Day Two, today, is starting out with a focus on open science. Excellent presentation by Tim Hubbard on the Open Genome project and new models before the WHO to incentivize R&D and new drug production without (or taking precedence over) IP.
I'm attending the First Monday 10th Anniversary conference May 15-17. Day Two, today, is starting out with a focus on open science. Excellent presentation by Tim Hubbard on the Open Genome project and new models before the WHO to incentivize R&D and new drug production without (or taking precedence over) IP.
New Fears of Security Risks in Electronic Voting Systems
New Fears of Security Risks in Electronic Voting Systems
by MONICA DAVEY
The New York Times, publication date: 12 May 2006
"Officials from Diebold and from elections' offices in numerous states minimized the significance of the risk and emphasized that there were no signs that any touch-screen machines had been tampered with. But computer scientists said the problem might allow someone to tamper with a machine's software, some saying they preferred not to discuss the flaw at all for fear of offering a roadmap to a hacker.
...
Computer scientists who have studied the vulnerability say the flaw might allow someone with brief access to a voting machine and with knowledge of computer code to tamper with the machine's software, and even, potentially, to spread malicious code to other parts of the voting system.
As word of Mr. Hursti's findings spread, Diebold issued a warning to recipients of thousands of its machines, saying that it had found a "theoretical security vulnerability" that "could potentially allow unauthorized software to be loaded onto the system."
...
'We're prepared for those types of problems,' said Deborah Hench, the registrar of voters in San Joaquin County, Calif. 'There are always activists that are anti-electronic voting, and they're constantly trying to put pressure on us to change our system.'
Aviel Rubin, a professor of computer science at Johns Hopkins University, did the first in-depth analysis of the security flaws in the source code for Diebold touch-screen machines in 2003. After studying the latest problem, he said: 'I almost had a heart attack. The implications of this are pretty astounding.'"
by MONICA DAVEY
The New York Times, publication date: 12 May 2006
"Officials from Diebold and from elections' offices in numerous states minimized the significance of the risk and emphasized that there were no signs that any touch-screen machines had been tampered with. But computer scientists said the problem might allow someone to tamper with a machine's software, some saying they preferred not to discuss the flaw at all for fear of offering a roadmap to a hacker.
...
Computer scientists who have studied the vulnerability say the flaw might allow someone with brief access to a voting machine and with knowledge of computer code to tamper with the machine's software, and even, potentially, to spread malicious code to other parts of the voting system.
As word of Mr. Hursti's findings spread, Diebold issued a warning to recipients of thousands of its machines, saying that it had found a "theoretical security vulnerability" that "could potentially allow unauthorized software to be loaded onto the system."
...
'We're prepared for those types of problems,' said Deborah Hench, the registrar of voters in San Joaquin County, Calif. 'There are always activists that are anti-electronic voting, and they're constantly trying to put pressure on us to change our system.'
Aviel Rubin, a professor of computer science at Johns Hopkins University, did the first in-depth analysis of the security flaws in the source code for Diebold touch-screen machines in 2003. After studying the latest problem, he said: 'I almost had a heart attack. The implications of this are pretty astounding.'"
Friday, May 12, 2006
Sony opts for open audio format
Sony opts for open audio format
by GREG SANDOVAL
CNet news.com, publication date: 10 May 2006
"The behemoth Japanese conglomerate, which once controlled the portable music market, announced Tuesday that the company's data compression technology would be compatible with a number of rival formats, including Apple's format of choice, AAC.
In the past, Sony has fiercely held to its own Atrac system. By switching to a technology that supports AAC, Sony appears to be acknowledging Apple's dominance in the digital music playing market, say analysts."
by GREG SANDOVAL
CNet news.com, publication date: 10 May 2006
"The behemoth Japanese conglomerate, which once controlled the portable music market, announced Tuesday that the company's data compression technology would be compatible with a number of rival formats, including Apple's format of choice, AAC.
In the past, Sony has fiercely held to its own Atrac system. By switching to a technology that supports AAC, Sony appears to be acknowledging Apple's dominance in the digital music playing market, say analysts."
Cut copyright levies, fight piracy, SIA says
Cut copyright levies, fight piracy, SIA says
by DYLAN MCGRATH
EETimes, publication date: 11 May 2006
"In a press briefing here Wednesday (May 10), SIA Chairman Brian Halla, board member John Daane and President George Scalise said governments should focus on preventing piracy rather than levying the copyright tariffs, which they labeled as ineffective.
Copyright levies are mostly associated with European countries, though they are in force to a lesser degree in other parts of the world. They are designed to compensate copyright holders for the copyright infringement potential of blank media, such as a blank cassette tape.
...
The men outlined some less formal measures, emphasizing industry self-policing and swift action over formal legal proceedings, to combat and reduce piracy.
In one example, Scalise suggested that governments request that silicon foundries make "best efforts" to determine if a chip design that has been brought to them for fabrication has been pirated. Scalise emphasized that such an arrangement should be informal, not placing legal requirements or responsibility on the foundries. "
by DYLAN MCGRATH
EETimes, publication date: 11 May 2006
"In a press briefing here Wednesday (May 10), SIA Chairman Brian Halla, board member John Daane and President George Scalise said governments should focus on preventing piracy rather than levying the copyright tariffs, which they labeled as ineffective.
Copyright levies are mostly associated with European countries, though they are in force to a lesser degree in other parts of the world. They are designed to compensate copyright holders for the copyright infringement potential of blank media, such as a blank cassette tape.
...
The men outlined some less formal measures, emphasizing industry self-policing and swift action over formal legal proceedings, to combat and reduce piracy.
In one example, Scalise suggested that governments request that silicon foundries make "best efforts" to determine if a chip design that has been brought to them for fabrication has been pirated. Scalise emphasized that such an arrangement should be informal, not placing legal requirements or responsibility on the foundries. "
Copyright, Clean Flicks collide in federal court
Copyright, Clean Flicks collide in federal court
by SUE LINDSAY
Rocky Mountain News, publication date: 11 May 2006
"Lawyers for Twentieth Century Fox, Universal, Paramount Pictures and other major motion picture studios say Clean Flicks is infringing on their copyright to the films.
But Clean Flicks attorney Mark Yablonovich said the company is providing an 'enormous public benefit' by offering films that some individuals and families would never otherwise view because they contain profanity or scenes of sex and violence."
by SUE LINDSAY
Rocky Mountain News, publication date: 11 May 2006
"Lawyers for Twentieth Century Fox, Universal, Paramount Pictures and other major motion picture studios say Clean Flicks is infringing on their copyright to the films.
But Clean Flicks attorney Mark Yablonovich said the company is providing an 'enormous public benefit' by offering films that some individuals and families would never otherwise view because they contain profanity or scenes of sex and violence."
Shakeup of 'absurd' copyright law demanded
Shakeup of 'absurd' copyright law demanded
by INGRID MARSON
News.com, publication date: 11 May 2006
"UK copyright law does not allow people to reproduce copyrighted material -- including CDs and DVDs -- for private use, a situation the NCC described as 'absurd'. The issue also affects businesses, as employees may copy CDs onto office computers."
by INGRID MARSON
News.com, publication date: 11 May 2006
"UK copyright law does not allow people to reproduce copyrighted material -- including CDs and DVDs -- for private use, a situation the NCC described as 'absurd'. The issue also affects businesses, as employees may copy CDs onto office computers."
French Senate caves on digital copyright bill
French Senate caves on digital copyright bill
by JUNKO YOSHIDA
EE Times, publication date: 11 May 2006
"The French Senate bowed to intense lobbying pressure, approving a watered down digital copyright bill that differs significantly from the controversial version passed at the National Assembly last March.
The new bill is likely to give Apple Computers enough leeway to keep its proprieatry digital rights management (DRM) system used in iTunes and iPod. But consumer advocates and developers of open source software here have called the Senate action late Wednesday (May 10) 'irresponsible' for 'having thrown away most of the work done by the National Assembly.'"
by JUNKO YOSHIDA
EE Times, publication date: 11 May 2006
"The French Senate bowed to intense lobbying pressure, approving a watered down digital copyright bill that differs significantly from the controversial version passed at the National Assembly last March.
The new bill is likely to give Apple Computers enough leeway to keep its proprieatry digital rights management (DRM) system used in iTunes and iPod. But consumer advocates and developers of open source software here have called the Senate action late Wednesday (May 10) 'irresponsible' for 'having thrown away most of the work done by the National Assembly.'"
Xeni Jardin on NPR: Google, Microsoft Push for 'Net Neutrality' Law
Xeni Jardin on NPR: Google, Microsoft Push for 'Net Neutrality' Law
Public Knowledge, publication date: 10 May 2006
Public Knowledge, publication date: 10 May 2006
Why the World Doesn't Need Hi-Def DVD's
Why the World Doesn't Need Hi-Def DVD's
by DAVID POGUE
The New York Times, publication date: 11 May 2006
"You should know, too, that you're guaranteed the sensational high-resolution HD-DVD picture only if your TV set has an HDMI connector (a slim, recently developed, all-digital jack that carries both sound and picture). If you use S-video or component cables instead, you may see only 25 percent of the resolution you're supposed to get — a maddening antipiracy feature that the studios can invoke at their option. (Most studios have said that they won't 'down-res' those jacks, at least at first; they can begin doing so at any time, however.)"
by DAVID POGUE
The New York Times, publication date: 11 May 2006
"You should know, too, that you're guaranteed the sensational high-resolution HD-DVD picture only if your TV set has an HDMI connector (a slim, recently developed, all-digital jack that carries both sound and picture). If you use S-video or component cables instead, you may see only 25 percent of the resolution you're supposed to get — a maddening antipiracy feature that the studios can invoke at their option. (Most studios have said that they won't 'down-res' those jacks, at least at first; they can begin doing so at any time, however.)"
Thursday, May 11, 2006
BitTorrent Gets a Seller's Permit
BitTorrent Gets a Seller's Permit
Reuters
Wired News, publication date: 9 May 2006
"Starting this summer, Warner Bros. will make more than 200 films available at BitTorrent.com, including blockbusters such as Harry Potter and the Goblet of Fire and TV shows like Babylon 5.
The pact marks a big step for Hollywood as it increasingly makes digital files of movies and TV shows available on the web because until last year, BitTorrent's software and website were considered to be aiding piracy of major studio films.
...
Consumers continue to want to download movies and burn copies on blank DVDs, but executives in Hollywood believe that type of service is still months, and perhaps even years, away."
Reuters
Wired News, publication date: 9 May 2006
"Starting this summer, Warner Bros. will make more than 200 films available at BitTorrent.com, including blockbusters such as Harry Potter and the Goblet of Fire and TV shows like Babylon 5.
The pact marks a big step for Hollywood as it increasingly makes digital files of movies and TV shows available on the web because until last year, BitTorrent's software and website were considered to be aiding piracy of major studio films.
...
Consumers continue to want to download movies and burn copies on blank DVDs, but executives in Hollywood believe that type of service is still months, and perhaps even years, away."
Has the US been candid about the status of the broadcasters/webcasters treaty?
Has the US been candid about the status of the broadcasters/webcasters treaty?
by MANON RESS
Offzroad (blog), publication date: 10 May 2006
"The timeline below shows that there's been a lot of work done on the issue of creating these new intellectual property rights for broadcasters, cablecaster and webcasters and that the treaty is moving forward. We have not had one public consultation meeting about the topic unless you count private meetings of the US delegation with Ben Ivens (NAB), Jonathan Potter and Seth Greenstein (DiMA) and a few others. We are asking (again) for a public discussion with stakeholders before a diplomatic conference date is set and the scope of the text is quasi impossible to change. Waiting for the implementation period as some have suggested is a mistake as we all saw when the DMCA was done as an implementation of the WCT and WPPT."
by MANON RESS
Offzroad (blog), publication date: 10 May 2006
"The timeline below shows that there's been a lot of work done on the issue of creating these new intellectual property rights for broadcasters, cablecaster and webcasters and that the treaty is moving forward. We have not had one public consultation meeting about the topic unless you count private meetings of the US delegation with Ben Ivens (NAB), Jonathan Potter and Seth Greenstein (DiMA) and a few others. We are asking (again) for a public discussion with stakeholders before a diplomatic conference date is set and the scope of the text is quasi impossible to change. Waiting for the implementation period as some have suggested is a mistake as we all saw when the DMCA was done as an implementation of the WCT and WPPT."
Wednesday, May 10, 2006
New Copyright Act would protect intellectual property
New Copyright Act would protect intellectual property
Home Page Ghana, publication date: 08 May 2006
"She said the Copyright Act 690, among other things, set up a National Folklore Board and specified the use of folklore and provided stiffer punishment for copyright infringement. It also dealt with the duration of copyright and protection, permitted uses of copyright and protection afforded performers and broadcasting organisations and also complied with the minimum requirements of the Trips Agreement and the WIPO Internet Treaties, she said."
Home Page Ghana, publication date: 08 May 2006
"She said the Copyright Act 690, among other things, set up a National Folklore Board and specified the use of folklore and provided stiffer punishment for copyright infringement. It also dealt with the duration of copyright and protection, permitted uses of copyright and protection afforded performers and broadcasting organisations and also complied with the minimum requirements of the Trips Agreement and the WIPO Internet Treaties, she said."
Ukranian software pirate sentenced
Ukranian software pirate sentenced
Associated Press
KESQ NewsChannel 2 Palm Springs, publication date: 9 May 2006
"The United States Attorney's Office announced today that a Ukrainian man has been sentenced to 35 months in prison for his role in selling pirated copies software.
Maksym Vysochanskyy ('MAK-sim vee-soh-'CHAN-skee) was sentenced late yesterday afternoon in a federal courtroom in San Jose."
Associated Press
KESQ NewsChannel 2 Palm Springs, publication date: 9 May 2006
"The United States Attorney's Office announced today that a Ukrainian man has been sentenced to 35 months in prison for his role in selling pirated copies software.
Maksym Vysochanskyy ('MAK-sim vee-soh-'CHAN-skee) was sentenced late yesterday afternoon in a federal courtroom in San Jose."
Tuesday, May 09, 2006
French rally against copyright legislation
French rally against copyright legislation
by NATE ANDERSON
ArsTechnica, publication date: 8 May 2006
"The initial bill produced all sorts of reactions—everything from rage to euphoria—but it didn't really matter because the bill was altered substantially in committee.
The many changes gutted some of the more significant aspects of the bill and prompted widespread French claims that legislators were simply bowing to the will of corporations such as Apple and Vivendi-Universal (one amendment to the bill is nicknamed the 'Vivendi-Universal amendment' because it was allegedly inserted at the request of that company). In the end, it appears that the hoped-for revolution will not be televised; instead it will be available on iTunes for US$1.99 and will be locked down with strong encryption."
by NATE ANDERSON
ArsTechnica, publication date: 8 May 2006
"The initial bill produced all sorts of reactions—everything from rage to euphoria—but it didn't really matter because the bill was altered substantially in committee.
The many changes gutted some of the more significant aspects of the bill and prompted widespread French claims that legislators were simply bowing to the will of corporations such as Apple and Vivendi-Universal (one amendment to the bill is nicknamed the 'Vivendi-Universal amendment' because it was allegedly inserted at the request of that company). In the end, it appears that the hoped-for revolution will not be televised; instead it will be available on iTunes for US$1.99 and will be locked down with strong encryption."
Copyright battle behind surprise win for iPod Apple vs Beatles Apple in High Court
Copyright battle behind surprise win for iPod Apple vs Beatles Apple in High Court
by GUY J KEWNEY
NewsWireless, publication date: 08 May 2006
"On the face of it, selling an iPod which has virtually no useful function except playing iTunes; and selling iTunes which can't be played on anything except an iPod, is selling music. Not at all, said the Judge: Apple Computer had argued that iTunes was 'primarily a data transmission service, permitted by the agreement,' and not selling music at all."
by GUY J KEWNEY
NewsWireless, publication date: 08 May 2006
"On the face of it, selling an iPod which has virtually no useful function except playing iTunes; and selling iTunes which can't be played on anything except an iPod, is selling music. Not at all, said the Judge: Apple Computer had argued that iTunes was 'primarily a data transmission service, permitted by the agreement,' and not selling music at all."
French fight copyright proposals
French fight copyright proposals
BBC News, publication date: 8 May 2006
"Demonstrators also attacked plans to bolster digital rights management technology, which prevents commercial files from being freely shared over the internet.
Apple, which runs the iTunes music store, has criticised the draft law for the opposite reason."
BBC News, publication date: 8 May 2006
"Demonstrators also attacked plans to bolster digital rights management technology, which prevents commercial files from being freely shared over the internet.
Apple, which runs the iTunes music store, has criticised the draft law for the opposite reason."
DVD, VCD piracy is worsening
DVD, VCD piracy is worsening
Thomson Dialog News Edge
TMCnet, publication date: 7 May 2006
"Up to 60 per cent of DVD and VCD movies sold in Thailand are pirated, mainly due to illegal copies flooding in from neighbouring countries, according to Tienchai Pinvises, executive director of the Motion Picture Association (Thailand)."
Thomson Dialog News Edge
TMCnet, publication date: 7 May 2006
"Up to 60 per cent of DVD and VCD movies sold in Thailand are pirated, mainly due to illegal copies flooding in from neighbouring countries, according to Tienchai Pinvises, executive director of the Motion Picture Association (Thailand)."
Some Publishers of Scholarly Journals Dislike Bill to Require Online Access to Articles
Some Publishers of Scholarly Journals Dislike Bill to Require Online Access to Articles
by SARA IVRY
The New York Times, publication date: 8 May 2006
"'Not everybody has a library next door. I don't mean to be flippant about it, but this gives access to anybody,' said Donald Stewart, a spokesman for Senator Cornyn. 'The genesis of this was his interest in open government and finding ways to reform our Freedom of Information laws and taxpayer access to federally funded work.'
Some members of the scholarly publishing industry are wary of the legislation. Howard H. Garrison, the director of public affairs at the Federation of American Societies for Experimental Biology, an organization whose members collectively publish approximately 60 journals, argued that the legislation would weaken the connection between the journals and their readers and that journals could lose subscribers and ad revenue if articles were available online."
by SARA IVRY
The New York Times, publication date: 8 May 2006
"'Not everybody has a library next door. I don't mean to be flippant about it, but this gives access to anybody,' said Donald Stewart, a spokesman for Senator Cornyn. 'The genesis of this was his interest in open government and finding ways to reform our Freedom of Information laws and taxpayer access to federally funded work.'
Some members of the scholarly publishing industry are wary of the legislation. Howard H. Garrison, the director of public affairs at the Federation of American Societies for Experimental Biology, an organization whose members collectively publish approximately 60 journals, argued that the legislation would weaken the connection between the journals and their readers and that journals could lose subscribers and ad revenue if articles were available online."
WIPO Broadcasting Treaty Contains Unsupported Webcasting and “Digital Locks”
WIPO Broadcasting Treaty Contains Unsupported Webcasting and “Digital Locks”
by ROBIN GROSS
Intellectual Property Watch, publication date: 1 May 2006
"The proposed broadcasting treaty would create entirely new global rights for broadcasting companies who have neither created nor own the programming. What’s even more alarming is the proposal from the United States that the treaty regulate the Internet transmission of audio and video entertainment.
It is dangerous and inappropriate for an unelected international treaty body to undertake the task of creating entirely new rights, which currently exist in no national law, such as webcasting rights and anti-circumvention laws related to broadcasting. A global treaty is not the place for experimentation with new rights, but rather for the harmonization of existing legal norms. WIPO treads on shaky ground by proposing to create new rights that no elected body in the world has yet agreed to."
by ROBIN GROSS
Intellectual Property Watch, publication date: 1 May 2006
"The proposed broadcasting treaty would create entirely new global rights for broadcasting companies who have neither created nor own the programming. What’s even more alarming is the proposal from the United States that the treaty regulate the Internet transmission of audio and video entertainment.
It is dangerous and inappropriate for an unelected international treaty body to undertake the task of creating entirely new rights, which currently exist in no national law, such as webcasting rights and anti-circumvention laws related to broadcasting. A global treaty is not the place for experimentation with new rights, but rather for the harmonization of existing legal norms. WIPO treads on shaky ground by proposing to create new rights that no elected body in the world has yet agreed to."
French court drops DRM interoperability provision
French court drops DRM interoperability provision
by FAULTLINE
The Register, publication date: 4 May 2006
"A higher French select legal committee has dropped the contentious provision from its copyright law that would have placed the onus on companies using DRM on music services, to license it to other equipment makers."
by FAULTLINE
The Register, publication date: 4 May 2006
"A higher French select legal committee has dropped the contentious provision from its copyright law that would have placed the onus on companies using DRM on music services, to license it to other equipment makers."
Artist sues college that dismantled his sculpture
Artist sues college that dismantled his sculpture
CBC, publication date: 04 May 2006
"A Canadian sculptor is suing Lambton College of Applied Arts and Technology in Sarnia for $1.2 million.
Hadyn Davies contends that the college violated his rights under the Copyright Act by dismantling his sculpture Homage."
CBC, publication date: 04 May 2006
"A Canadian sculptor is suing Lambton College of Applied Arts and Technology in Sarnia for $1.2 million.
Hadyn Davies contends that the college violated his rights under the Copyright Act by dismantling his sculpture Homage."
Cymande Wins Against Fugees In Copyright Case
Cymande Wins Against Fugees In Copyright Case
by NOLAN STRONG and FAWN RENEE
AllHipHop News, publication date: 4 May 2006
"A federal judge recently issued a ruling in favor of 1970's British soul group Cymande, in a sampling lawsuit against the Fugees and Sony Music.
The lawsuit, which was filed by group members Steve Scipio and Patrick Patterson in March, claims the Fugees illegally sampled the song 'Dove' on their 1996 album The Score . "
by NOLAN STRONG and FAWN RENEE
AllHipHop News, publication date: 4 May 2006
"A federal judge recently issued a ruling in favor of 1970's British soul group Cymande, in a sampling lawsuit against the Fugees and Sony Music.
The lawsuit, which was filed by group members Steve Scipio and Patrick Patterson in March, claims the Fugees illegally sampled the song 'Dove' on their 1996 album The Score . "
Thursday, May 04, 2006
Copyright Concerns Linger
Copyright Concerns Linger
by TAMEKA LUNDY
The Bahama Journal, publication date: 2 May 2006
"What continues to concern the US Government is the failure of the Government of The Bahamas to implement an amendment to the Copyright Act, which was enacted in 2004. The amendment would narrow the scope of the compulsory licensing regime for the reception and transmission of copyright works broadcast free over the air."
by TAMEKA LUNDY
The Bahama Journal, publication date: 2 May 2006
"What continues to concern the US Government is the failure of the Government of The Bahamas to implement an amendment to the Copyright Act, which was enacted in 2004. The amendment would narrow the scope of the compulsory licensing regime for the reception and transmission of copyright works broadcast free over the air."
Strong Copyright + DRM + Weak Net Neutrality = Digital Dystopia?
Strong Copyright + DRM + Weak Net Neutrality = Digital Dystopia?
by CHARLES W. BAILEY, JR.
Preprint, publication: May 2006
"For example, an academic user, in consideration of a specified license payment by his or her library, can view a DRM-protected scholarly article?but not copy, move, loan, extract, edit, or embed it?for a week, after which it is inaccessible. We can extend this hypothetical example by imagining that the library could pay higher license fees to gain more rights to the journal in question, and the library (or the user) could dynamically purchase additional article-specific rights enhancements as needed though micropayments." (p.11)
by CHARLES W. BAILEY, JR.
Preprint, publication: May 2006
"For example, an academic user, in consideration of a specified license payment by his or her library, can view a DRM-protected scholarly article?but not copy, move, loan, extract, edit, or embed it?for a week, after which it is inaccessible. We can extend this hypothetical example by imagining that the library could pay higher license fees to gain more rights to the journal in question, and the library (or the user) could dynamically purchase additional article-specific rights enhancements as needed though micropayments." (p.11)
Tuesday, May 02, 2006
Big Content Goes Back To Sneaking Bad Rules In Through Treaties
Big Content Goes Back To Sneaking Bad Rules In Through Treaties
by MIKE [?]
Techdirt, publication date: 2 May 2006
"What happens is they play a geopolitical game of leapfrog. The industry gets its diplomats to claim that a treaty is needed to 'harmonize' international laws on things like copyright, because one country has less stringent laws than another. Of course, the treaty always focuses on bringing the less stringent rules up to the level of the nation with the more stringent rules. Then, the industry works on getting local laws made stronger again... and then claims that the international partners all have to boost the levels of protection again to 'harmonize' things. What happens is you get an escalating system where the laws keep getting more stringent as each side tries to 'catch up' with the other, while leapfrogging them each time they do.
...
The latest treaty to watch out for is the Broadcasting Treaty from WIPO, designed to work out new copyright laws concerning broadcasted and webcasted content. This has been on the table for a while, and despite plenty of folks discussing the dangers of certain clauses, it looks like the latest draft has put back in all the bad stuff, and shunted aside many of the important concerns that have been raised by the majority of countries involved. "
by MIKE [?]
Techdirt, publication date: 2 May 2006
"What happens is they play a geopolitical game of leapfrog. The industry gets its diplomats to claim that a treaty is needed to 'harmonize' international laws on things like copyright, because one country has less stringent laws than another. Of course, the treaty always focuses on bringing the less stringent rules up to the level of the nation with the more stringent rules. Then, the industry works on getting local laws made stronger again... and then claims that the international partners all have to boost the levels of protection again to 'harmonize' things. What happens is you get an escalating system where the laws keep getting more stringent as each side tries to 'catch up' with the other, while leapfrogging them each time they do.
...
The latest treaty to watch out for is the Broadcasting Treaty from WIPO, designed to work out new copyright laws concerning broadcasted and webcasted content. This has been on the table for a while, and despite plenty of folks discussing the dangers of certain clauses, it looks like the latest draft has put back in all the bad stuff, and shunted aside many of the important concerns that have been raised by the majority of countries involved. "
Classic rock acts sue Sony over digital sales royalties
Classic rock acts sue Sony over digital sales royalties
by ERIC BANGEMAN
ArsTechnica, publication date: 28 April 2006
"According to the lawsuit, which is seeking class-action status, Sony makes about 70? for each track sold on the iTunes Music Store and other online services. Of that, roughly 4.5? is passed on to the bands. Cheap Trick and The Allman Brothers say that under the terms of their contracts, they are supposed to receive roughly 30? per track sold.
Now that the DRM issue has been sorted out to the satisfaction of the labels and most consumers, the record companies have grown to really love the concept of music downloads."
by ERIC BANGEMAN
ArsTechnica, publication date: 28 April 2006
"According to the lawsuit, which is seeking class-action status, Sony makes about 70? for each track sold on the iTunes Music Store and other online services. Of that, roughly 4.5? is passed on to the bands. Cheap Trick and The Allman Brothers say that under the terms of their contracts, they are supposed to receive roughly 30? per track sold.
Now that the DRM issue has been sorted out to the satisfaction of the labels and most consumers, the record companies have grown to really love the concept of music downloads."
Writers Painfully Celebrate World Copyright Day
Writers Painfully Celebrate World Copyright Day
by GAAKI KIGAMBO
AllAfrica.com, publication date: 30 April 2006
"But with the literacy level in sub-Saharan Africa, especially in Uganda struggling on its knees (surveys indicate South Asian, Arab and Sub-Saharan African countries as having the highest illiteracy level at about 40 to 50 percent), coupled with difficulty in authors getting published, a poor reading culture, absence of a fine copyright law in the country, of what relevance is the day to Uganda?"
by GAAKI KIGAMBO
AllAfrica.com, publication date: 30 April 2006
"But with the literacy level in sub-Saharan Africa, especially in Uganda struggling on its knees (surveys indicate South Asian, Arab and Sub-Saharan African countries as having the highest illiteracy level at about 40 to 50 percent), coupled with difficulty in authors getting published, a poor reading culture, absence of a fine copyright law in the country, of what relevance is the day to Uganda?"
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