'DRM' Protects Downloads, But Does It Stifle Innovation?
conversation between Wendy Seltzer and Friz Attaway (MPAA)
Wall Street Journal, publication date: 20 June 2006
"DMCA-backed DRM lets the majors dictate the terms, well beyond price, on which we can use and interact with media. It makes copyright's limited monopoly into a technology regulation, a gate on hardware and software development through which only 'approved' devices can pass. More sophisticated DRM will not improve that problem, just make the approvals more onerous and the range of consumer electronics smaller.
Nobody wants a door lock that locks its homeowner out too often. The law can support DRM in the short term, but as more and more honest people trip against its restrictions on their noninfringing activities, I predict they'll press Congress to change the law to allow for creativity in media and technology again."
Wednesday, June 21, 2006
Copyright event at American Library Association annual conference
This program is being offered at the American Library Association Annual conference next week in New Orleans.
If you find yourself perplexed about copyright, or if you are just stuck at conference for committee meetings and have some time on your hands, consider dropping by our program entitled "Copyright 101: Everything You Wanted to Know About Copyright But Were Afraid to Ask." The OITP Copyright Advisory Committee will present an open house of poster sessions on several copyright topics (including e-reserves, interlibrary loan, fair use, international copyright, public domain, and pending legislative actions) on Monday, June 26th from 1:30pm to 3:30pm at the Hilton New Orleans Riverside Hotel, Room Belle Chasse. Copyright experts will share their expertise and commiserate with you about the vexing copyright law. A real plus is that you can stop by anytime during the program, visit the posters sessions of interest to you, and pick up lots of handouts to take home to colleagues. For more information, contact Carrie Russell, Copyright Specialist atcrussell@alawash.org.
We hope to see you there!!
If you find yourself perplexed about copyright, or if you are just stuck at conference for committee meetings and have some time on your hands, consider dropping by our program entitled "Copyright 101: Everything You Wanted to Know About Copyright But Were Afraid to Ask." The OITP Copyright Advisory Committee will present an open house of poster sessions on several copyright topics (including e-reserves, interlibrary loan, fair use, international copyright, public domain, and pending legislative actions) on Monday, June 26th from 1:30pm to 3:30pm at the Hilton New Orleans Riverside Hotel, Room Belle Chasse. Copyright experts will share their expertise and commiserate with you about the vexing copyright law. A real plus is that you can stop by anytime during the program, visit the posters sessions of interest to you, and pick up lots of handouts to take home to colleagues. For more information, contact Carrie Russell, Copyright Specialist at
We hope to see you there!!
Tuesday, June 20, 2006
Copyright Act sparks row
Copyright Act sparks row
Legalbrief Africa [Uganda], publication date: 19 June 2006
"Radio stations have not in the past paid royalties on music that they broadcast. The Copyright and Neighbouring Rights Act 2006, which requires only presidential assent to come into force, makes infringement on copyrighted works a criminal and a civil offence. In terms of its predecessor, infringement was a civil offence only."
Legalbrief Africa [Uganda], publication date: 19 June 2006
"Radio stations have not in the past paid royalties on music that they broadcast. The Copyright and Neighbouring Rights Act 2006, which requires only presidential assent to come into force, makes infringement on copyrighted works a criminal and a civil offence. In terms of its predecessor, infringement was a civil offence only."
Proskauer Rose Wins Important Copyright Victory for The White Stripes
Proskauer Rose Wins Important Copyright Victory for The White Stripes
Press Release
BusinessWire, publication date: 19 June 2006
"He added that the case underscored the importance of expanding the use of work-for hire agreements, which are commonly made between artists and producers to ensure that producers do not make a future copyright claim on their collaboration, but are often not made with engineers, sound mixers and the like."
Press Release
BusinessWire, publication date: 19 June 2006
"He added that the case underscored the importance of expanding the use of work-for hire agreements, which are commonly made between artists and producers to ensure that producers do not make a future copyright claim on their collaboration, but are often not made with engineers, sound mixers and the like."
Friday, June 16, 2006
U.S. Joins Industry in Piracy War
U.S. Joins Industry in Piracy War
by FRANK AHRENS
Washington Post, publication date: 15 June 2006
"More than a decade of hard lobbying by two powerful trade groups, the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA), has convinced U.S. lawmakers and law enforcement officials that it's worth using America's muscle to protect movie and music interests abroad. Now, lawmakers are calling the trade groups, asking what else Congress and the government can do for the entertainment industry."
by FRANK AHRENS
Washington Post, publication date: 15 June 2006
"More than a decade of hard lobbying by two powerful trade groups, the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA), has convinced U.S. lawmakers and law enforcement officials that it's worth using America's muscle to protect movie and music interests abroad. Now, lawmakers are calling the trade groups, asking what else Congress and the government can do for the entertainment industry."
Captain Copyright can take a hit
Captain Copyright can take a hit
by MICHAEL GEIST
Ottawa Citizen, publication date: 15 June 2006
"Just days after the second linking policy appeared, the terms were changed yet again with the reference to moral rights removed. The current policy provides that Access Copyright has the right to withhold permission to link from any site that in its opinion may be damaging to its reputation, particularly sites featuring the objectionable content described earlier.
Notwithstanding the flurry of changes, it is doubtful that any version of the policy is actually enforceable. First, it is by no means certain that the terms and conditions associated with the site constitute a binding contract. All contracts require offer and acceptance -- an offer from one party and the acceptance of the offer from the other."
by MICHAEL GEIST
Ottawa Citizen, publication date: 15 June 2006
"Just days after the second linking policy appeared, the terms were changed yet again with the reference to moral rights removed. The current policy provides that Access Copyright has the right to withhold permission to link from any site that in its opinion may be damaging to its reputation, particularly sites featuring the objectionable content described earlier.
Notwithstanding the flurry of changes, it is doubtful that any version of the policy is actually enforceable. First, it is by no means certain that the terms and conditions associated with the site constitute a binding contract. All contracts require offer and acceptance -- an offer from one party and the acceptance of the offer from the other."
European Commission fears copyright levy for ISPs
European Commission fears copyright levy for ISPs
by Pinsent JMasons
OUT-LAW.com, publication date: 12 June 2006"The Commission is consulting with industry so that it can change the laws around this 'copyright levy' to suit the world of digital copying. It has warned, though, that applying traditional principles to digital media could cause consumers to reject any idea of a copyright levy.
'[In the digital media world] it would no longer be possible to hold only liable the manufacturers or importers of equipment and media,' said the Commission's consultation document. 'The logic of levies would also have to be applied to broadband and infrastructure service providers including telecommunications providers that carry content.'
'If this were to happen, levies would proliferate and there would be a serious risk of a backlash against the rights holder community and consumer welfare,' it said."
by Pinsent JMasons
OUT-LAW.com, publication date: 12 June 2006"The Commission is consulting with industry so that it can change the laws around this 'copyright levy' to suit the world of digital copying. It has warned, though, that applying traditional principles to digital media could cause consumers to reject any idea of a copyright levy.
'[In the digital media world] it would no longer be possible to hold only liable the manufacturers or importers of equipment and media,' said the Commission's consultation document. 'The logic of levies would also have to be applied to broadband and infrastructure service providers including telecommunications providers that carry content.'
'If this were to happen, levies would proliferate and there would be a serious risk of a backlash against the rights holder community and consumer welfare,' it said."
Blizzard abandons DMCA threat over 'WoW' manual
Blizzard abandons DMCA threat over 'WoW' manual
by ANNE BROACHE
CNet News, publication date: 9 June 2006
"The terms of the settlement do not provide for monetary compensation for Kopp, which he had originally sought. Instead, the companies agreed to withdraw their previous take-down notices and to drop their infringement claims. They also said they'd refrain from filing any future take-down notices against the same items Kopp had already disputed through counternotices."
by ANNE BROACHE
CNet News, publication date: 9 June 2006
"The terms of the settlement do not provide for monetary compensation for Kopp, which he had originally sought. Instead, the companies agreed to withdraw their previous take-down notices and to drop their infringement claims. They also said they'd refrain from filing any future take-down notices against the same items Kopp had already disputed through counternotices."
Monday, June 12, 2006
Apple Faces Fresh Legal Attacks in Europe
Apple Faces Fresh Legal Attacks in Europe
by THOMAS CRAMPTON
The New York Times, publication date: 8 June 2006
"Bjorn Erik Thon, director of the ombudsman's office, said those provisions must be changed by June 21, or Apple could be fined.
As for making iTunes music compatible with non-Apple players, Mr. Thon said that his office expected a response from Apple by June 21, and would rule on the matter after that.
"We are likely to rule against Apple, but it is fair to hear their point of view," Mr. Thon said. "Consumers should be able to play music they have purchased on any device they want."
Mr. Thon said that he himself had bought a large number of songs from iTunes for about 1 euro apiece, and now wanted to transfer them to his new Nokia N80 cellular phone, but could not.
'I just cannot imagine an argument in favor of stopping someone from using a song they purchased,' he said."
by THOMAS CRAMPTON
The New York Times, publication date: 8 June 2006
"Bjorn Erik Thon, director of the ombudsman's office, said those provisions must be changed by June 21, or Apple could be fined.
As for making iTunes music compatible with non-Apple players, Mr. Thon said that his office expected a response from Apple by June 21, and would rule on the matter after that.
"We are likely to rule against Apple, but it is fair to hear their point of view," Mr. Thon said. "Consumers should be able to play music they have purchased on any device they want."
Mr. Thon said that he himself had bought a large number of songs from iTunes for about 1 euro apiece, and now wanted to transfer them to his new Nokia N80 cellular phone, but could not.
'I just cannot imagine an argument in favor of stopping someone from using a song they purchased,' he said."
Regulation Begets Regulation
Regulation Begets Regulation
by TIM LEE
Technology Liberation Front, publication date: 9 June 2006
"But I can’t say I’m shocked at their concern. The DMCA (and in Europe, the EUCD) have had the unintended consequence of giving Apple a monopoly on iTunes-compatible MP3 players. And so it’s not crazy for them to be looking into ways to remedy the problem.
But the right way to deal with the problem is to repeal the law that caused the problem in the first place, not to add another layer of regulations on top. Because those regulations, too, will have unintended consequences. If you repeal the DMCA and the EUCD, makers of competing MP3 players will reverse-engineer FairPlay and add the capability to play iTunes songs."
by TIM LEE
Technology Liberation Front, publication date: 9 June 2006
"But I can’t say I’m shocked at their concern. The DMCA (and in Europe, the EUCD) have had the unintended consequence of giving Apple a monopoly on iTunes-compatible MP3 players. And so it’s not crazy for them to be looking into ways to remedy the problem.
But the right way to deal with the problem is to repeal the law that caused the problem in the first place, not to add another layer of regulations on top. Because those regulations, too, will have unintended consequences. If you repeal the DMCA and the EUCD, makers of competing MP3 players will reverse-engineer FairPlay and add the capability to play iTunes songs."
Saturday, June 10, 2006
Line Noise talks S1RA
Line Noise talks S1RA
Electronic Frontier Foundation, publication date: 9 June 2006
"The second edition of Line Noise, the only* EFF podcast is online for your weekend listening pleasure. This episode, we spend a few minutes walking through the Section 115 Reform Act controversy in the company of EFF's Fred von Lohmann."
Approx. 13 minutes long, in this interview von Lohmann gives some background on the three controversial aspects of S1RA:
-licenses for incidental copies
-distribution vs. copying
-prohibition on products that allow or encourage local taping
Electronic Frontier Foundation, publication date: 9 June 2006
"The second edition of Line Noise, the only* EFF podcast is online for your weekend listening pleasure. This episode, we spend a few minutes walking through the Section 115 Reform Act controversy in the company of EFF's Fred von Lohmann."
Approx. 13 minutes long, in this interview von Lohmann gives some background on the three controversial aspects of S1RA:
-licenses for incidental copies
-distribution vs. copying
-prohibition on products that allow or encourage local taping
House panel OKs digital licensing bill
House panel OKs digital licensing bill
by ANNE BROACHE
CNet News.com, publication date: 8 June 2006
"In a joint statement, the Recording Industry Association of America, the Digital Media Association and the National Music Publishers Association said they had 'much to gain' from the legislation but still hadn't reached 'complete agreement on all aspects' of it. An RIAA representative contacted by CNET News.com would not elaborate on those concerns.
Others, including two Democrats who reluctantly agreed to approve the bill on Thursday, have aired louder gripes about the current language. The Electronic Frontier Foundation, for its part, encouraged its visitors to call their elected representatives and make their dissatisfaction known.
In a three-page letter (click for PDF) this week to the bill's authors, a coalition of 19 consumer-oriented advocacy groups and companies--including the American Association of Law Libraries, BellSouth, the Consumer Electronics Association, Public Knowledge, RadioShack, and Sirius and XM satellite radio--claimed the proposal poses a threat to fair use."
by ANNE BROACHE
CNet News.com, publication date: 8 June 2006
"In a joint statement, the Recording Industry Association of America, the Digital Media Association and the National Music Publishers Association said they had 'much to gain' from the legislation but still hadn't reached 'complete agreement on all aspects' of it. An RIAA representative contacted by CNET News.com would not elaborate on those concerns.
Others, including two Democrats who reluctantly agreed to approve the bill on Thursday, have aired louder gripes about the current language. The Electronic Frontier Foundation, for its part, encouraged its visitors to call their elected representatives and make their dissatisfaction known.
In a three-page letter (click for PDF) this week to the bill's authors, a coalition of 19 consumer-oriented advocacy groups and companies--including the American Association of Law Libraries, BellSouth, the Consumer Electronics Association, Public Knowledge, RadioShack, and Sirius and XM satellite radio--claimed the proposal poses a threat to fair use."
Google argues with U.K. publishers over digital libraries
Google argues with U.K. publishers over digital libraries
by TOM ESPINER
CNet News.com, publication date: 6 June 2006
"'You copy the whole text,' said Jones, the Publishers Association counsel.
Whetstone replied: 'That is how a search engine works--scan first, then index.'
'You are creating a massive digital file without consulting the copyright owner, when the burden of responsibility (to prove copyright infringement) rests on the copyright owner,' responded Jones. 'A powerful organization like Google has an exact copy of works and is making that available to a number of libraries.'
'You take a different view to us, and that is what a court will decide. We believe our program falls within copyright law,' Whetstone said."
by TOM ESPINER
CNet News.com, publication date: 6 June 2006
"'You copy the whole text,' said Jones, the Publishers Association counsel.
Whetstone replied: 'That is how a search engine works--scan first, then index.'
'You are creating a massive digital file without consulting the copyright owner, when the burden of responsibility (to prove copyright infringement) rests on the copyright owner,' responded Jones. 'A powerful organization like Google has an exact copy of works and is making that available to a number of libraries.'
'You take a different view to us, and that is what a court will decide. We believe our program falls within copyright law,' Whetstone said."
U.S. faults China over copyright violations
U.S. faults China over copyright violations
The Associated Press
International Herald Tribune, publication date: 7 June 2006
"WASHINGTON A U.S. official said Wednesday that China's continuing failure to stop copyright piracy of U.S. movies, music, software and other goods put U.S. businesses at a competitive disadvantage.
'The problems in China run deep,' the official, Chris Israel, the U.S. coordinator for international intellectual property enforcement, said in remarks prepared for delivery before a congressional advisory panel. 'The rising tide of counterfeiting and piracy in China has created enormous challenges for U.S. businesses.'
He noted that industries dealing with intellectual property employ 18 million Americans."
The Associated Press
International Herald Tribune, publication date: 7 June 2006
"WASHINGTON A U.S. official said Wednesday that China's continuing failure to stop copyright piracy of U.S. movies, music, software and other goods put U.S. businesses at a competitive disadvantage.
'The problems in China run deep,' the official, Chris Israel, the U.S. coordinator for international intellectual property enforcement, said in remarks prepared for delivery before a congressional advisory panel. 'The rising tide of counterfeiting and piracy in China has created enormous challenges for U.S. businesses.'
He noted that industries dealing with intellectual property employ 18 million Americans."
Copyright Law Faces New Test On Thursday
Copyright Law Faces New Test On Thursday
by NATALL T. DEL CONTE
PC Magazing, publication date: 7 June 2006
"The Section 115 Reform Act (SIRA) would amend Section 115 of the United States Code that covers compulsory licenses. Currently, digital music providers such as satellite and streamed radio stations have to obtain licenses from several sources in order to stream that content.
...
SIRA addresses ephemeral downloads, or what the EFF refers to as incidental downloads, meaning any content that is either temporary or cached in a computer. Chris Norgaard, partner and intellectual property attorney at Ropers Majeski Kohn & Bentley, says that SIRA actually prevents incidental downloads from being licensed but speculates that the mere mention of it has EFF nervous."
by NATALL T. DEL CONTE
PC Magazing, publication date: 7 June 2006
"The Section 115 Reform Act (SIRA) would amend Section 115 of the United States Code that covers compulsory licenses. Currently, digital music providers such as satellite and streamed radio stations have to obtain licenses from several sources in order to stream that content.
...
SIRA addresses ephemeral downloads, or what the EFF refers to as incidental downloads, meaning any content that is either temporary or cached in a computer. Chris Norgaard, partner and intellectual property attorney at Ropers Majeski Kohn & Bentley, says that SIRA actually prevents incidental downloads from being licensed but speculates that the mere mention of it has EFF nervous."
Thursday, June 08, 2006
APIG inquiry into Digital Rights Management
APIG inquiry into Digital Rights Management
All Parliament Internet Group [UK], publication date: June 2006
"A recommendation that the Office of Fair Trading (OFT) bring forward appropriate labelling regulations so that it will become crystal clear to consumers what they will and will not be able to do with digital content that they purchase.
A recommendation that OFCOM publish guidance to make it clear that companies distributing Technical Protection Measures systems in the UK would, if they have features such as those in Sony-BMG’s MediaMax and XCP systems, run a significant risk of being prosecuted for criminal actions."
...
From the report itself:
"However, should all available versions of the material be protected by highly effective TPM systems, it may prove impossible, when the copyright expires, for the exploitation to occur – because the material will remain inaccessible except via the monopolistic TPM system. At our oral session Brian Fielding (Audible Inc) indicated that he though that this would be a desirable state of affairs, but no-one else who responded to us agreed with this position."
All Parliament Internet Group [UK], publication date: June 2006
"A recommendation that the Office of Fair Trading (OFT) bring forward appropriate labelling regulations so that it will become crystal clear to consumers what they will and will not be able to do with digital content that they purchase.
A recommendation that OFCOM publish guidance to make it clear that companies distributing Technical Protection Measures systems in the UK would, if they have features such as those in Sony-BMG’s MediaMax and XCP systems, run a significant risk of being prosecuted for criminal actions."
...
From the report itself:
"However, should all available versions of the material be protected by highly effective TPM systems, it may prove impossible, when the copyright expires, for the exploitation to occur – because the material will remain inaccessible except via the monopolistic TPM system. At our oral session Brian Fielding (Audible Inc) indicated that he though that this would be a desirable state of affairs, but no-one else who responded to us agreed with this position."
Tuesday, June 06, 2006
J.D. Lasica's Darknet: People in the Copyright Wars
J.D. Lasica's Darknet: People in the Copyright Wars
by ADAM C. ENGST
TidBits, publication date: 05 June 2006
"He tells the story of a pastor of an evangelical Christian church who uses snippets from movies and television shows in his sermons, and whether or not a case could be made for what he's doing being 'fair use,' the fact is that he's ripping the scenes from DVD in violation of the DMCA. Similarly illegal is a homemade DVD created by an Intel executive for his son's Pop Warner football team, because the guy added a snippet of fans cheering wildly from the DVD version of the football movie 'Rudy,' along with some scenes of NFL players doing touchdown dances and audio from the song 'Who Let the Dogs Out?'. Amusingly, Lasica describes the executive's homemade DVD to MPAA head Jack Valenti, who says flatly, 'He's committing a violation of federal law.'"
by ADAM C. ENGST
TidBits, publication date: 05 June 2006
"He tells the story of a pastor of an evangelical Christian church who uses snippets from movies and television shows in his sermons, and whether or not a case could be made for what he's doing being 'fair use,' the fact is that he's ripping the scenes from DVD in violation of the DMCA. Similarly illegal is a homemade DVD created by an Intel executive for his son's Pop Warner football team, because the guy added a snippet of fans cheering wildly from the DVD version of the football movie 'Rudy,' along with some scenes of NFL players doing touchdown dances and audio from the song 'Who Let the Dogs Out?'. Amusingly, Lasica describes the executive's homemade DVD to MPAA head Jack Valenti, who says flatly, 'He's committing a violation of federal law.'"
Sunday, June 04, 2006
Saturday, June 03, 2006
Copyright bill faces partial delay
Copyright bill faces partial delay
AsiaMedia [Hong Kong], South China Morning Post, publication date: 2 June 2006
"In a bills committee paper, the Commerce, Industry and Technology Bureau said the Copyright (Suspension of Amendments) Ordinance, which originally expires on July 31, should be extended for another year. Passed in 2001, the legislation partially suspends the Copyright Ordinance provisions that make the use of infringing copies of copyright works in business a new criminal offence.
The suspension came amid public concerns that the provision would hamper dissemination of information and classroom teaching. And the partially suspended law remained effective in four categories of copyright works -- computer programs, movies, television dramas and musical recordings."
AsiaMedia [Hong Kong], South China Morning Post, publication date: 2 June 2006
"In a bills committee paper, the Commerce, Industry and Technology Bureau said the Copyright (Suspension of Amendments) Ordinance, which originally expires on July 31, should be extended for another year. Passed in 2001, the legislation partially suspends the Copyright Ordinance provisions that make the use of infringing copies of copyright works in business a new criminal offence.
The suspension came amid public concerns that the provision would hamper dissemination of information and classroom teaching. And the partially suspended law remained effective in four categories of copyright works -- computer programs, movies, television dramas and musical recordings."
CNN, Cartoon Network sue Cablevision
CNN, Cartoon Network sue Cablevision
by REUTERS
CNet News.com, publication date: 30 May 2006
"But the networks say that because the proposed service allows subscribers to store television programs on the cable operator's own computer servers, it would be breaking copyright agreements by effectively retransmitting the programs.
Another Time Warner unit, Time Warner Cable, has been supportive of network DVRs in principle if proved legal."
by REUTERS
CNet News.com, publication date: 30 May 2006
"But the networks say that because the proposed service allows subscribers to store television programs on the cable operator's own computer servers, it would be breaking copyright agreements by effectively retransmitting the programs.
Another Time Warner unit, Time Warner Cable, has been supportive of network DVRs in principle if proved legal."
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