Thursday, April 27, 2006

Artists revolt against CRIA policies

Artists revolt against CRIA [Canadian Recording Industry Association] policies
by JACK KAPICA
The Globe and Mail, publication date: 26 April 2006
"The group opposes demands of the recording industry for major changes in the Canadian Copyright Act. The former Liberal government had tabled an amendment to the act that was heavily influenced by demands from the recording industry.

The bill died on the order paper when the government fell, and the bill's champion, Liberal MP Sarmite Bulte, went down to defeat in the subsequent election amid accusations of catering to the CRIA."

PERFORM Act to restrict recording, broadcasting rights

PERFORM Act to restrict recording, broadcasting rights
by ANDERS BYLUND
ArsTechnica, publication date: 26 April 2006
"Under the rules set forth in the Act, you would be able to make automated sound recordings, but only based on 'specific programs, time periods, or channels as selected by or for the user,' but not on 'specific sound recordings, albums, or artists.' Once recorded, it would be illegal to process the recorded data in order to extract separate songs for later use. Further, none of the recorded material can be put on removable media or other devices, and only 'a secure in-home network that also complies with each of the requirements prescribed in this paragraph,' i.e., a properly DRM-compliant network, would be allowed to transmit or transport the media in any form."

Wednesday, April 26, 2006

The PERFORM ACT

The PERFORM ACT
by WILLIAM PATRY
The Patry Copyright Blog, publication date: 26 April 2006
"Warner Music Group's charismatic, articulate, and visionary chairman/CEO is quoted in written testimony for today's hearing as using the famous walking, swimming, and quacking duck metaphor for what he regards as a download service. That may be a stretch, but the product's file separation ability is a very active step in encouraging consumers to make copies that would interfere with true downloads through iTunes. One could of course draft legislation limited to music and still permit other uses, but we will have to wait to see the actual bill to make any judgments about the scope of the legislation."

Testimony of Todd Rundgren

Testimony of Todd Rundgren
by TODD RUNDGREN
Testimony before the United States Senate Committee on the Judiciary's hearing on "Parity, Platforms, and Protection: The Future of the Music Industry in the Digital Radio Revolution"
publication date: 26 April 2006
"One of the first cutting edge projects I was involved in concerned digital rights management, a concept that did not yet exist. I was hired by, ironically enough, the Warner Full Service Network, an interactive television pilot project that sought to merge video, computers and high-bandwidth home delivery. The plan was to create on-demand music services that could be navigated on one's home TV -- kind of like an iTunes for the early ‘90s. When it came time to plug the music in, everything I had suspected about the savvyness of the industry was crystallized. To a label, every one of the majors refused to consider the possibility of putting music they controlled onto a server. Ironically, even the music division of Warner Brothers would not cooperate, even though this was only a demonstration project. "

Copyright Controversies: Freedom, Property, Content Creation, and the DMCA

Copyright Controversies: Freedom, Property, Content Creation, and the DMCA
event at the Cato Institute, 26 April 2006, live and archived webcasts
"There are substantial debates under way about intellectual property, and copyright in particular. Is intellectual property founded in a natural right to ownership of information? Is it a utilitarian tool to give incentive to creation? Or is it a counterproductive monopoly on ideas? The advance of technology has changed the creative process in many ways. Is copyright consistent with new modes of creation? Finally, there are questions about how copyright laws are enforced. The Digital Millennium Copyright Act amended the law to accommodate the advance of the Internet, but it remains highly controversial in some circles. There are differences of opinion among thoughtful people on all these issues. Join us at a conference designed to expose the issues and raise the question: What should we think of copyright?"

Too much policy news

Too much policy news
by SUSAN CRAWFORD
Susan Crawford blog, publication date: 25 April 2006
"With a bad Barton bill up for discussion tomorrow, and a worse DMCA expansion under consideration, all I can do is feebly point out that the internet is doing rather well without any particular help from either the prioritizing telcos or the entrepreneurial law enforcement community."

Family Hit With File-Sharing Suit Claims They Don't Own A Computer ... Any More

Family Hit With File-Sharing Suit Claims They Don't Own A Computer ... Any More
by GIL KAUFMAN
MTV, publication date: 24 April 2006
"'I don't understand this,' James Walls said. 'How can they sue us when we don't even have a computer?' In search for a possible explanation, Walls said that his family had lived at their current address for less than a year, and that perhaps the previous tenant had Internet access and was the real target."

Monday, April 24, 2006

New, tougher copyright legislation in the works

New, tougher copyright legislation in the works
by ERIC BANGEMAN
ArsTechnica, publication date: 24 April 2006
"Known as the Intellectual Property Protection Act of 2006, the legislation is currently undergoing final tweaks before being submitted to Congress. Terry Shawn, Rep. Sensenbrenner's press secretary, told me that those drafting the legislation are 'still listening to feedback from interested parties' and that the bill should be introduced in the near future.

Some highlights from the proposed legislation (which has the backing of the Bush administration) include a toughening of the DMCA which would make attempting to infringe on copyright illegal. In addition, no one would be allowed to 'make, import, export, obtain control of, or possess' hardware or software that could be used to circumvent copy-protection mechanisms. That's an expansion on the DMCA's current language, which prohibits the distribution of tools such as DeCSS that can be used to bypass copy-protection schemes."

2006 Economic Report of the President

2006 Economic Report of the President and the Annual Report of the Council of Economic Advisers
President George W. Bush and the Council of Economic Advisers
publication date: February 2006
p. 229: "In November 2005, the Administration forwarded proposed legislation to Congress that would implement some of the changes necessary to respond to these technical developments. The Intellectual Property Protection Act of 2005 would strengthen intellectual property protection, toughen penalties, and increase the range of investigative tools in both criminal and civil intellectual property-law enforcement."

Congress readies broad new digital copyright bill | CNET News.com

Congress readies broad new digital copyright bill
by DECLAN MCCULLAGH
CNet News, publication date: 23 April 2006
"For the last few years, a coalition of technology companies, academics and computer programmers has been trying to persuade Congress to scale back the Digital Millennium Copyright Act.

Now Congress is preparing to do precisely the opposite. A proposed copyright law seen by CNET News.com would expand the DMCA's restrictions on software that can bypass copy protections and grant federal police more wiretapping and enforcement powers."

Friday, April 21, 2006

British pop's 'crown jewels' at risk from copyright laws

British pop's 'crown jewels' at risk from copyright laws:
Daily Post
icLiverpool, publication date: 19 April 2006
"Currently, performers in the UK receive payments on sound recordings for 50 years. Songwriters get royalties for life plus 70 years.

The law should give sound recordings 95 years' protection, the performers say, as was adopted in the US in 1998."

Monday, April 17, 2006

Unesco symposium pushes copyright protection

Unesco symposium pushes copyright protection
Kuwait Times, publication date: 16 April 2006
"The United Nations Educational Scientific and Cultural Organization (Unesco) is celebrating its 60th anniversary. On this occasion, Unesco is holding some educational symposiums in Kuwait. Yesterday, the second seminar titled 'Intellectual Property Rights' was held at the Sheraton Hotel. A huge number of school students and members of the Civil Defence attended the seminar.
...
Kuwait joined the International Intellectual Property Rights Organization in 1999. Now it is also a member of many different international and regional organisations, such as the World Trade Organization. The Ministry of Information is the authority that represents Kuwait in attending international conferences. The ministry also inspects stores that sell copyrighted material."

Company goes for copyright on 'manuka'

Company goes for copyright on 'manuka'
by KENT ATKINSON
Stuff [New Zealand], publication date: 15 April 2006
"Natural health products company Comvita - which sells manuka honey purported to have special healing qualities - has applied to register the name 'manuka' in the European Union.

It said today that the bid to effectively copyright the name was made after concerns were raised by manuka honey exporters that the word was legally unprotected in Europe and could fall into the wrong hands."

Copyright revision helps one-coin DVDs become hit with movie collectors

Copyright revision helps one-coin DVDs become hit with movie collectors
by KANAKO TAKAHARA
Japan Times, publication date: 15 April 2006
"The revised law extended the period for protecting intellectual property copyrights from 50 years to 70 years. At the same time, however, copyrights that had expired by Jan. 1 2004 -- movies released on or before Dec. 31, 1953 -- entered the public domain.

'We don't need to pay costly copyright fees (to film studios) anymore,' said Kenjiro Harasawa, a senior official at PD Classic Inc., which sells some 30,000 older DVDs titles per month."

French bill casts chill on open-source

French bill casts chill on open-source
by PETER SAYER (IDG News Service)
ComputerWorld, publication date: 14 April 2006
"The developers of the open-source multimedia player VLC, which can read DRM-protected DVDs, consider themselves targeted. But the legal uncertainty over the term manifestly intended makes the bill's coverage so broad that it could even cover the open-source Web server Apache, which hosts over 60% of Web sites, opponents of the bill say. Open-source projects are thought to be more vulnerable than commercial operations because they typically have few resources at their disposal to defend legal actions."

How the Copyright Office Protected Sony's Rootkit

How the Copyright Office Protected Sony's Rootkit
by ED FOSTER
The Gripe Line Weblog, publication date: 14 April 2006
"Although the DMCA and some grudging exceptions produced in the Copyright Office's 2000 and 2003 rulemaking do have some limited protections for security researchers, Felten and Halderman are asking the Copyright Office for a clear rule this time. 'Unfortunately, the DMCA's anti-circumvention provision chills the efforts of security researchers,' they wrote in filing for an exemption on the DMCA's provisions against circumvention of digital rights management schemes. 'Because of the narrow scope of the DMCA's research exemption, the security researchers who are best situated to discover and disclose serious threats to personal computers face uncertain liability for their activities ... They must consult not only with their own attorneys but with the general counsel of their academic institutions as well. Unavoidably, the legal uncertainty surrounding their research leads to delays and lost opportunities.'"

Best Buy's 'Geek Squad' Accused Of Software Piracy

Best Buy's 'Geek Squad' Accused Of Software Piracy
by LAURIE SULLIVAN
InformationWeek, publication date: 13 April 2006
"The Winternals lawsuit accuses Best Buy – the nation's largest consumer electronics retail chain -- and its subsidiary Geek Squad Inc. of copyright infringement and misuse of trade secrets. Essentially, it alleges that Best Buy has been using unlicensed versions of the software. A hearing has been set for May 12 in Austin."

Wednesday, April 12, 2006

China to Increase Copyright Enforcement

China to Increase Copyright Enforcement
by MARTIN CRUTSINGER
Forbes, publication date: 11 April 2006
"The administration said that in the area of piracy, the Chinese agreed to require that computers use legal software and to step up enforcement of intellectual property rights. They also pledged to close Chinese optical disk plants that are producing pirated CDs and DVDs.

In her comments, Wu said regulations would be issued stipulating that all computers sold in China must have legal operating systems.

Commerce Secretary Carlos Gutierrez said China had agreed to reopen its market to U.S. beef after clearing up some remaining technical issues. "

Archives Kept a Secrecy Secret

Archives Kept a Secrecy Secret
by CHRISTOPHER LEE
Washington Post, publication date: 12 April 2006
"Independent historian Matthew M. Aid uncovered the reclassification program last summer when his requests for documents formerly available at the Archives were delayed or denied. In February, the Archives acknowledged that about 9,500 records totaling more than 55,000 pages had been withdrawn and reclassified since 1999. The memo released yesterday says some records 'may have been improperly marked as declassified' and their release 'would harm the national security interests of the United States by revealing sensitive sources and methods of intelligence collection.'

But historians who previously obtained copies of records have said many date to the 1940s and 1950s and pose no conceivable security risk.

The program dates to the Clinton administration, when the CIA and other agencies began recalling documents they believed were improperly released under a 1995 executive order requiring declassification of many historical records 25 years old and older. The pace of the removal picked up after the Sept. 11, 2001, attacks."

Tuesday, April 11, 2006

Copyright at a Crossroads symposium

Copyright at a Crossroads symposium
Center for Intellectual Property at University of Maryland University College
Copyright at a Crossroads: The Impact of Mass Digitization on Copyright and Higher Education
June 14-16, 2006
"How will higher education morph in coming years—and how has it already changed—as digital archives are built and expanded upon our campuses?

What will be the parameters and responsibilities of scholarship as the academy becomes ever more digital and digitized?

How might our relationships to our disciplines, repositories of knowledge, diverse media providers, and even each other alter [sic] as the waves of digital content multiply, swell, and flow through the academy?"

Remote storage DVRs pose "gigantic copyright issues"

Remote storage DVRs pose "gigantic copyright issues"
by KEN FISHER
ArsTechnica, publication date: 10 April 2006
"As TV marketers scramble to try and figure out what do to about growing DVR usage, broadcasters are becoming concerned that increased DVR usage means that users are skipping ever more ads, and that the ads they do see could be out of date. Although Cablevision has said nary a word, a remote storage DVR system would allow Cablevision to place new ads in video streams as they are watched, rather than replay advertising that's n days old. They could also limit and/or remove users' abilities to fast forward through all advertising."

Bandido suspect in minister's hands

Australian IT - Bandido suspect in minister's hands
by SIMON HAYES
Australian IT, publication date: 11 April 2006
"The US alleges Mr Griffiths was Bandido, the co-founder of DrinkorDie, which distributed pirated software, movies and music - and taunted authorities about it - back in the 1990s."

Malaysia to raid private firms in anti-piracy drive

Malaysia to raid private firms in anti-piracy drive
by EN-LAI YEOH, Associated Press
INQ7.NET, publication date: 10 April 2006
"Malaysia said Monday it will launch surprise raids on companies nationwide to ferret out illegal software and bring the country's copyright piracy rate down to at least the global average.

The raids will be conducted by the Ministry of Domestic Trade and Consumer Affairs with the help of the police and the Business Software Alliance, a global anti-piracy watchdog backed by industry heavyweights such as Microsoft, Apple, Intel and Adobe."

Study of the Collective Administration of Copyright in Canada

Study of the Collective Administration of Copyright in Canada
by RUSSELL McORMOND
Digital Copyright Canada, publication date: 10 April 2005
"C. Craig Parks, a barrister and solicitor in Toronto, has been contracted by the Department of Canadian Heritage to write a report on the copyright collectives operating in Canada. A Weblog has been created to publish some of the ongoing research and results."

Monday, April 10, 2006

File-sharing still a body blow to UK music

File-sharing still a body blow to UK music
Reuters UK
Silicon.com, publication date: 5 April 2006
"The British Phonographic Industry (BPI) released its data as the International Federation of the Phonographic Industry, which represents the industry globally, launched almost 2,000 cases of legal action in 10 countries across Europe and in Hong Kong.

The British industry lost £414m last year as a result of illegal swapping of music on the internet, up from £376m in 2004. In the three years to 2005, the total loss amounted to £1.1bn, the BPI said."

Princeton University-Microsoft Intellectual Property Conference

Princeton University-Microsoft Intellectual Property Conference
May 18 - 20, 2006
"The Princeton University Center for Arts and Cultural Policy studies is pleased to welcome all attendees to the Princeton University- Microsoft Intellectual Property Conference.
...
The Princeton University-Microsoft Intellectual Property Conference will diverge from this model in two ways. First, it will focus less on legal doctrine per se, and more on the consequences of intellectual property law for the actual practices of creative workers. Second, the conference will bring to the table scholars and practitioners in several fields – science, the arts, software design, archiving – in an explicit effort to induce intellectual cross-pollination and drive the conversation beyond the usual boundaries of disciplinary discourse. "

Why did Disney Change its Mind about Network Neutrality?

Why did Disney Change its Mind about Network Neutrality?
by SUSAN CRAWFORD
Susan Crawford blog, publication date: 08 April 2006
"Someone needs to look into the contractual relationships between network providers and movie studios carefully. Is it possible that the network providers have agreed to help Hollywood eradicate P2P, and that in exchange Hollywood has decided to actively oppose the network neutrality policies it argued for in 2002?"

Smithsonian's deal with Showtime: attorney point/counterpoint

Smithsonian's deal with Showtime: attorney point/counterpoint
Boing Boing, publication date: 7 April 2006
"Fred Von Lohmann of the Electronic Frontier Foundation replies, point by point:

'1. This is not an attempt to limit access; rather, it will result in increased exposure for the Smithsonian collections, experts and programs (...).'

Notice the double-speak in the response -- the Smithsonian says the arrangement will result in increased "exposure". That's obviously not the same as increased "access". The Showtime deal will obviously limit **access** to the collection -- that's what commercial exclusivity means. "

Litman on personal use

The Chicago Intellectual Property Colloquium, jointly sponsored by Loyola University Chicago and the Chicago-Kent School of Law of the Illinois Institute of Technology, had Jessica Litman in on 3/28/06 to talk about her early draft paper on personal use. I'm not sure how many other non-students/non-faculty were in the smallish group that day but it was a very interesting paper and I'm looking forward to the final version. What particularly resonated with me is the idea that the rhetoric could use some tuning up, and that there should be some push back against the notion that silence (or lack of specificity) in the copyright law = prohibited uses. She pointed out in her talk that the content community has used this tactic very effectively in pushing for what they claim are minor changes, which are actually quite revolutionary, such as the DMCA, and in gaining traction for ideas like the broadcast flag.

I'm adding this one to my personal talking points about copyright, which I've been building mentally. [A not-new talking point: DRM = bad news for everyone, even the large corporations that think they need it.]

On Acrimony and Google Library

On Acrimony and Google Library
by SIVA VAIDHYANATHAN
Sivacracy.net, publication date: 9 April 2006
"I take no glee in criticizing anyone. It saddens me that Michigan undertood this effort and sprung it on the library community (and the Michigan community) without public deliberation or debate. That's what happens when state employees and librarians swear themselves to secrecy. They betray democratic values. There should have been a big debate on this BEFORE Michigan signed the contract and invited Google in. Back then we could have ensured Google was bound to respect basic library values. Now it's too late. Now it's all about taking sides between Google and publishers. That's a shame. It is all about the grey areas. And that's what I have been promoting.

I have been blunt in my criticisms of both the five libraries who have entered these deals with Google and of Google itself because I can't seem to get people to take the externalities of the program seriously. I want to enrich and broaden the discussion beyond these shallow mythologies:

• Google is really good at what it does and is working for us.
• A search engine is a neutral, democratic technology.
• Publishers are big, bad copyright bullies who 'don't get' the Internet.
• The Google Library project will (in Lessig's terms) 'offer universal access' to the bulk of human achievement and knowledge.
• Fair use is straightforward, predictable, fair, and useful.
• Expediency matters more than quality.

All these statements are partially true but mostly false. And they are hardly the whole story here. So I think it would be very helpful if those who support Google's project to pressure the company to be a better citizen rather than simply applauding. Let's make sure Google at least tries to live up to its mottos."

Decoding the Drivel

Decoding the Drivel
by ALAN WEXELBLAT
Copyfight, publication date: 04 April 2006
"The gist is that it's PC-only, some movies, doesn't include Disney at all, only gives a few of the films on the same day as DVD release - most are delayed 45 days - and is just overall a continuation of the sad sorry attempts by the Cartel to defend their antiquated business models. Oh, for a press reporter who would actually report THAT news"

You’ve Got to Fight for Your Copyright

You’ve Got to Fight for Your Copyright
by SHERINE BAKIR
Business Today [Egypt], publication date: April 2006
"However, intellectual property isn’t just valuable for companies like Oracle, Sony or Pepsi. Nermien Al-Ali, legal counsel for intellectual property rights with the law firm of Ibrachy & Dermarkar, says even local companies must prioritize protecting their intellectual property rights, which are sources of revenue that add value to products and distinguish them in the market.

“There are two products on the shelf, why would I pick up one and leave the other?” Al-Ali asks. “Because I trust the company. Why would I pay more than LE 100 to buy, for example, a Mobaco shirt when I can get a generic cotton one for LE 40 only? Because I am buying value that is associated with the brand name.”"

Sunday, April 09, 2006

NYU Group Sponsors Film Competition Meant to Challenge Copyright Law

NYU Group Sponsors Film Competition Meant to Challenge Copyright Law
by DOREE SHAFRIR
The Columbia Journalist, publication date: 7 April 2006
"The Film Remix Contest asks participants to make a five- to seven-minute parody from one of four blockbuster trilogies: Harry Potter (though there are now four HP films on DVD), Star Wars, The Matrix and Lord of the Rings. Parody is explicitly protected from the charge of copyright violation under Fair Use guidelines, a provision of the standing Copyright Act of 1976. (Take Weird Al Yankovic, for example: There’s a reason Madonna didn’t sue him for “Like a Surgeon.”)"

U.S. Prepares WTO Lawsuit on China's Copyright Laws, People Say

U.S. Prepares WTO Lawsuit on China's Copyright Laws, People Say
by MARK DRAJEM
Bloomberg, publication date: 7 April 2006
"The U.S. is preparing to file a lawsuit with the World Trade Organization alleging Chinese intellectual property laws fall short of the global requirements China agreed to when it joined the WTO in 2001, the people said. The administration has been discussing the legal strategy with the film, music and software industries and congressional staff members, they said."

Friday, April 07, 2006

How the World Works

How the World Works
by ANDREW LEONARD
Salon, publication date: 06 April 2006
"Let's set aside the question of whether the manufacturing industry in the United States has really been destroyed (last I checked, the U.S. was still one of the world's great manufacturing powerhouses). And we'll concede that it's nice to hear that now Lehman is suddenly a supporter of international labor and environmental standards. But one can excuse developing nations for seeing affairs in a slightly different light. As part of the horse-trading of the Uruguay round that led to the creation of the WTO, writes Michigan State law professor Peter Yu, a researcher who has studied TRIPs extensively, the quid pro quo of TRIPs was that in exchange for receiving stronger protection for intellectual property rights, developed nations were supposed to substantially lower tariffs on textiles and agriculture. But while the developing nations were required to, as Yu notes, 'phase in product patents for pharmaceuticals on the first day' of the transitional period, developed nations were given as much as ten years to get rid of their quotas. And to this day, the United States and the European Union still subsidize their agricultural sectors to the tune of many billions of dollars annually."

SIIA antipiracy report highlights 2005 successes

SIIA antipiracy report highlights 2005 successes
by FRED O'CONNOR
Computerworld, publication date: 05 April 2006
"'The only real surprise was that there were so many manufacturing companies,' Kupferschmid said. 'Health care and insurance companies are usually our biggest problems. Most of our claims are for those types of companies.'

Server titles captured 42% of the claims. Security software ranked second with 35%, followed by mapping applications (32%) and CAD (computer-aided design) wares at 29%. Among other categories, claims for pilfered productivity software came in at 28%, while document management comprised 23% of the allegations."

Canadian copyright bill

Canadian copyright bill
by RUSSELL McORMOND
p2pNet, publication date: 06 April 2006
"Tom Flanagan, past manager of the National Campaign of the Conservative Party of Canada, co-authored articles that have discussed how he sees file sharing as an asset, not a problem. This article concluded by saying:

'Canada signed the 1997 World Intellectual Property Organization Internet Treaties, but we have not yet ratified them by enacting their provisions into our domestic law. There is still time to draw back from a step that would create a new class of lawbreakers and impose censorship on the Internet, without doing anything to foster genuine cultural vitality.'

We need both a citizen and parliamentary debate on what will be the priorities in copyright revision."

Coalition seeks to reform EU copyright levies

Coalition seeks to reform EU copyright levies
Out-law.com, publication date: 06 April 2006
"But technology has moved on. Private copying now takes place largely on digital devices and Member States have moved to impose levies on these too – charging a levy on the purchase price of equipment such as CD recorders and MP3 players and blank media such as blank compact discs.

Critics argue that this creates a multiple payment scenario where consumers pay for permission to copy at the time of download, and are charged again – one or more times – in the purchase of devices used to play the content."

Pleasanton teen indicted on copyright violations

Pleasanton teen indicted on copyright violations
by CHRIS METINKO
ContraCostaTimes.com, publication date: 06 April 2006
"Allen Soares, 19, was one of five people newly charged by the federal government in its Operation Copycat investigation into online 'warez' sites -- which illegally distribute newly-released movies, games, software and music."

Copyright protection vital for Russia WTO entry - US official

Copyright protection vital for Russia WTO entry - US official
ITAR-TASS, publication date: 06 April 2006
"Sampson said that the issue of the protection of intellectual property remains one of the main obstacles at talks between Washington and Moscow on Russia’s admission to the World Trade Organisation (WTO). "

U.S. lawmakers target six top copyright piracy countries

U.S. lawmakers target six top copyright piracy countries
by GRANT GROSS
ComputerWorld, publication date: 06 April 2006
"The congressional group's report said China is 'awash' in pirated goods. When warehouses or manufacturing facilities for pirated goods are raided by Chinese police, the products are seized, but owners face only small fines, the group said. Some Chinese Internet service providers have become online warehouses for pirated digital works, the group's report added.

Russia hosts 47 plants manufacturing optical disks containing pirated materials, the report said. The country is also home to perhaps the largest Internet pirate site in the world, which Russian authorities have declined to investigate, the group said."

Thursday, April 06, 2006

Cablevision Pushes the Envelope

Cablevision Pushes the Envelope
by WILLIAM PATRY
The Patry Copyright Blog, publication date: 31 March 2006
"That initially sounds like what MP3.com did, but there is this very significant difference: consumers, in their homes, are the ones who initiate the recording by scrolling through Cablevision's channel guide, and will control the copies, that is, the ability to view or delete the programming. Moreover, there will be storage limits. That sounds like fair use to me, although I would like to know if a separate service charge is made."

Wednesday, April 05, 2006

Creative way to licence copyright

Creative way to licence copyright
by ANTHONY DHANENDRAN
Computeract!ve, publication date: 04 April 2005
"The court ruled that the Creative Commons licence set up in 2001 gives people the same protection as traditional copyright laws."

Tuesday, April 04, 2006

Interview with Geoffrey Yu, Deputy Director General WIPO

Intellectual Interview with Geoffrey Yu, Deputy Director General WIPO
Intellectual Property Watch, publication date: 24 March 2006
"Let me give you an example of what we are doing in Ethiopia, where we are trying to help create intellectual property value. About half of the economy of the country is based on agriculture. Its largest and most important research institute is the agricultural research institute. We have just started a national project funded by WIPO which has two aspects. One is to provide this research institute with the capacity to use the IP system in order to manage the results of its research. The institute is doing some interesting and original research. We have been talking with the director general of that institute, as well as with the deputy prime minister, who is also the minister of agriculture, both of whom I had the pleasure to meet, in order to build the capacity for them to decide whether, with the results of the research, they would like to license in, license out, create startup companies, or share the research results freely within the agricultural sector. That is for the institute to decide.

This is one aspect of our advice and support in Ethiopia. The other aspect is that we are undertaking with them a national survey of the traditional knowledge accumulated over centuries in the country in technology related to farming, because a lot of the farming is still traditional. But there has not been, so far as we are aware, full documentation or an inventory of those techniques or know-how. So we plan to initiate an identification and documentation exercise with the national authorities. The two aspects of the project will complement each other and we are confident that it will serve the country by improving agriculture revenue. This is a good example of what WIPO is doing on the ground."

Copyright Classics

Copyright Classics
by RANDY PICKER
The University of Chicago Law School Faculty Blog, publication date: 03 April 2006
"We are reading classic articles from the secondary copyright literature. Students will be posting on the articles and commenting on the posts of their fellow students. The blog is open to the public"

Smithsonian Deal With Showtime Restricts Access By Filmmakers

Smithsonian Deal With Showtime Restricts Access By Filmmakers
by JACQUELINE TRESCOTT
Washington Post, publication date: 04 April 2006
"Jeanny Kim, the vice president for media services at Smithsonian Business Ventures, said the filmmakers who were doing 'more than an incidental treatment' of a subject mainly from Smithsonian materials or wishing to focus on a Smithsonian curator or scientist would first have to offer the idea to Smithsonian/Showtime. Otherwise, the archives could not be used outside the realm of news programs (such as '60 Minutes' and 'Dateline') in most cases.

The new restrictions have outraged some filmmakers and researchers, who are criticizing the limitations placed on public archives, as well as the Smithsonian's refusal to reveal the details of its Showtime contract. Inside the institution, some staff raised questions about the lack of consultation regarding the new policy. Others said the change was overdue because the Smithsonian had lacked control over its property."

Comments sought on copyright exemptions for libraries

Comments sought on copyright exemptions for libraries
by NATE ANDERSON
Ars Technica, publication date: 03 April 2006
"Though the group will not be able to fix all the problems with current copyright law, it does have the power to suggest important changes that will govern the behavior of libraries for years to come. "

At Last, Movies to Keep Arrive on the Internet

At Last, Movies to Keep Arrive on the Internet
by SAUL HANSELL
The New York Times, publication date: 03 April 2006
"Until now, the only downloads the studios have offered have been online rentals, which can be watched only for a 24-hour period — an idea that has not caught on with consumers. But the high prices and technological limits of the new permanent downloads suggest that they may not be an instant hit."

nternet Archive's value, legality debated in copyright suit

Internet Archive's value, legality debated in copyright suit
by JOE MANDAK, Associated Press
Mercury News [San Jose], publication date: 31 March 2006
"The archive 'is just like a big vacuum cleaner, sucking up information and making it available' to anyone with a Web browser, said Scott S. Christie, an attorney representing Healthcare Advocates Inc.

'That has some social value, but in doing so they are grabbing information that they're not entitled to,' he said. 'More importantly, they are telling people that they will take it off the shelf if you do a certain thing a certain way - but that didn't happen in this case.'"

Comedies of fair use, event at NY Institute for the Humanities

Comedies of fair use, event at NY Institute for the Humanities
The New York Institute for the Humanities at New York University
Symposium April 28 - 30, 2006
"Some of the most contentious issues bedeviling cultural life today are increasingly coming to revolve around the question of what proper deference ought to be paid to the notion of intellectual property. Just what is copyright, what is its point, who is it designed to protect (individual creators and their legatees, be they individual or corporate, and necessarily to the same extent?) and what is it designed to foster (the most thrivingly fertile intellectual community and intercourse possible?)? "

YouTube.com cracks down on copyrighted video

Internet YouTube.com cracks down on copyrighted video
Reuters UK, publication date: 30 March 2006
"'We're constantly trying to balance the rights of copyright owners with the rights of our users,' YouTube said in a posting on the site. 'We did some analysis of the videos in our system over 10 minutes in length, and we found the overwhelming majority of them were full length, copyrighted videos from TV shows and movies.'"

WTO demand to combat fakes, copyright abuse is fair - Duma Speaker

WTO demand to combat fakes, copyright abuse is fair - Duma Speaker
RIA Novosti, publication date: 31 March 2006
"The speaker of Russia's lower parliamentary chamber said Friday that the World Trade Organization had good reason to set the country's progress in the fight against copyright violations and counterfeiting as a condition for its accession to the group."

eBay Patent Case Session Fallout

eBay Patent Case Session Fallout
by FRANK FIELD
FurdLog, publication date: 30 March 2006

Seeking changes to the DMCA

Seeking changes to the DMCA
by ANNE BROACHE and DECLAN MCCULLAGH
CNet News.com, publication date: 31 March 2006
"Because of a controversial 1998 copyright law, it may be illegal to defang even potentially harmful software, like the anticopying technology found on some Sony BMG Music Entertainment CDs.

But those strict legal restrictions should stay in effect, entertainment industry lobbyists said Friday, when they urged the U.S. Copyright Office to avoid making any changes to the Digital Millennium Copyright Act."

Digital Content and Enabling Technology: Satisfying the 21st Century Consumer

Digital Content and Enabling Technology: Satisfying the 21st Century Consumer
U.S. House of Representatives, The Committee on Energy and Commerce, Subcommittee on Commerce, Trade, and Consumer Protection
Archived testimony 29 March 2006

Beijing's Silk Alley slapped with tiny fine for copyright violation - report - Forbes.com

Beijing's Silk Alley slapped with tiny fine for copyright violation
Forbes.com, publication date: 29 March 2006
"Beijing's famous Silk Alley and some of the city's other popular markets have been given small fines for copyright infringements, state media reported. "

Next-Gen DVDs' Blurry Picture

Next-Gen DVDs' Blurry Picture
by CLIFF EDWARDS
BusinessWeek, publication date: 27 March 2006
"'IT'S CRAZY.' Here's the problem: Both camps are shooting themselves in the foot before they get to the starting line. Consumers already were faced with the prospect of mass confusion, thanks to two next-generation DVD formats, whose disks do not work in each other's machines but look essentially the same. Remember Betamax versus VHS? At least then you could tell one tape from the other.

But that's just the tip of the iceberg. Turns out, most of the 20 million high-definition TVs sold over the past three years aren't capable of displaying the disks in their full resolution. Worse, at least one major studio intends to downgrade the picture even more unless consumers hook their players up through a special, pricey cable aimed at preventing piracy."

French lawmakers OK online copyright bill

French lawmakers OK online copyright bill
Associated Press
Boston Herald, publication date: 22 March 2006
"The draft law - which also sets new penalties for music pirates - would force Apple Computer Inc., Sony Corp. and others to share proprietary copy-protection technologies so that rivals can offer compatible services and players."

Don't Miss Cato vs. the DMCA.

Don't Miss Cato vs. the DMCA.
by WENDY SELTZER
Copyfight, publication date: 21 March 2006
"The Libertarian Cato Institute has released a terrific report (PDF link) documenting ways the Digital Millennium Copyright Act hinders innovation."

Universities See “Disastrous Effects” For Education, Science In German Copyright Reform

Universities See “Disastrous Effects” For Education, Science In German Copyright Reform
by MONIKA ERMERT
Intellectual Property Watch, publication date: 30 March 2006
"'To the general public, the continued ban on making copies of the CD you bought if it’s DRM [digital rights management] protected and the final ‘no’ to a de minimus rule in prosecution is of more interest,” says Kuhlen. “But the potential effect in research and education really is a catastrophe.”

Taken out, for example, would be paragraph 52.a of the law introduced 2003, which allowed schools and universities to make copyrighted material available in class over a school intranet or server with copyright royalties paid on a flat rate basis to the collecting societies. This would be banned in the future, according to the current draft."

Oversight Hearing on "Remedies for Small Copyright Claims".

Oversight Hearing on "Remedies for Small Copyright Claims".
U.S. House of Representatives Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property, publication date: 29 March 2006
Archived video webcast.
Paul Aiken, Executive Director, Authors Guild
Jenny Toomey, Executive Director, Future of Music Coalition
Brad Holland, Founding Board Member, Illustrators' Partnership of America
Victor S. Perlman, General Counsel and Managing Director, American Society of Media Photographers, Inc.

openDRM

openDRM
by LAWRENCE LESSIG
Lessig Blog, publication date: 23 March 2006
"But some confuse praise for better DRM with praise for DRM. So let me be as clear as possible here (though saying the same thing I’ve always said): We should be building a DRM-free world. "

What was the Gentleman's Agreement and how did librarians shape it? A deep history of libraries, publishers and fair use

What was the Gentleman's Agreement and how did librarians shape it? A deep history of libraries, publishers and fair use
by MARY MINOW
LibraryLaw Blog, publication date: 20 March 2006
"If you're interested in libraries and copyright, you'll want to read Peter's forthcoming article: Peter Hirtle, Research, Libraries and Fair Use: The Gentleman's Agreement of 1935. The Gentleman's Agreement was a landmark fair use agreement -- consensual voluntary guidelines that allowed libraries, archives and museums to make copies back in the days when microfilm threatened the status quo of hand copying."

Video: Orphan Works Presentation

Video: Orphan Works Presentation
by ALEX CURTIS
Public Knowledge, publication date: 19 March 2006

Cory Doctorow on DRM - Videos from '05 UNC IP, Creativity & Innovation Conference -Updated USPTO News

Cory Doctorow on DRM - Videos from '05 UNC IP, Creativity & Innovation Conference -Updated USPTO News
Groklaw, publication date: 19 March 2006
"There is also a panel discussion, which includes John Whealan, Deputy General Counsel for Intellectual Property Law and Solicitor and Marybeth Peters, United States Register of Copyrights. If you are inclined to demonize people based on where they work, do take a look. You'll find Peters saying that the current length of the US Copyright Law is too long. Surprised? There is also a speech by one of the authors of the comic book I enjoyed so much, 'Bound by Law,' James Boyle, wearing his law professor hat, although at a humorous tilt."