DMCA more a hindrance than a help
by IAIN THOMSON
VNUNET.COM, publication date: 28 November 2005"The research
examined 876 requests to remove copyright information from web sites and search engines and found that over half of them were being made by companies targeting the competition and 30 per cent of claims are so thin they may not stand up in court. "
Tuesday, November 29, 2005
Kazaa to install anti-piracy tool
Kazaa to install anti-piracy tool
Associated Press
Jam Music, publication date: 28 November 2005"Sharman Networks Ltd. has until next week to develop a filtering system that would block files based on about 3,000 keywords, most likely the names of popular recording artists."
Associated Press
Jam Music, publication date: 28 November 2005"Sharman Networks Ltd. has until next week to develop a filtering system that would block files based on about 3,000 keywords, most likely the names of popular recording artists."
View From Here: Copyright clampdown
View From Here: Copyright clampdown
by CAROLYN BOYLE
TMCNet, publication date: 23 November 2005
"Then earlier this year the Malaysian Government announced that it was considering turning the draconian provisions of the Internal Security Act 1960 against repeat infringers as a last resort. Michael Soo of Shook Lin & Bok explains that the Act empowers police officers to arrest without warrant anyone they 'have reason to believe' has acted or is likely to act 'in any manner that is prejudicial to the security of Malaysia'.
Suspects may initially be detained in solitary confinement for up to 60 days - extendable for up to two years with the approval of the Minister for Home Affairs - and may be denied legal representation and access to relatives during this time. "
by CAROLYN BOYLE
TMCNet, publication date: 23 November 2005
"Then earlier this year the Malaysian Government announced that it was considering turning the draconian provisions of the Internal Security Act 1960 against repeat infringers as a last resort. Michael Soo of Shook Lin & Bok explains that the Act empowers police officers to arrest without warrant anyone they 'have reason to believe' has acted or is likely to act 'in any manner that is prejudicial to the security of Malaysia'.
Suspects may initially be detained in solitary confinement for up to 60 days - extendable for up to two years with the approval of the Minister for Home Affairs - and may be denied legal representation and access to relatives during this time. "
Waiting for Google to Search for One More Author: Ann Woolner
Waiting for Google to Search for One More Author: Ann Woolner
by ANN WOOLNER
Bloomberg.com, publication date: 25 November 2005
"Say an author is fine with one of the search engines scanning her book on the promise that only snippets would be accessible, and she wants to deny that right to other search engines she considers insufficiently protected against hackers, Aiken suggests.
If Google wins, the author has no say over who gets to scan the book, and certainly no right to demand compensation from the copier.
Google says it would be virtually impossible to seek permission from the copyright holders on the millions of copyright-protected books it wants to scan.
Unfortunately for Google, there is no ``it's-too-darn-hard'' exception in copyright law."
by ANN WOOLNER
Bloomberg.com, publication date: 25 November 2005
"Say an author is fine with one of the search engines scanning her book on the promise that only snippets would be accessible, and she wants to deny that right to other search engines she considers insufficiently protected against hackers, Aiken suggests.
If Google wins, the author has no say over who gets to scan the book, and certainly no right to demand compensation from the copier.
Google says it would be virtually impossible to seek permission from the copyright holders on the millions of copyright-protected books it wants to scan.
Unfortunately for Google, there is no ``it's-too-darn-hard'' exception in copyright law."
Entertainment industry 'trying to hijack data retention directive'
Entertainment industry 'trying to hijack data retention directive'
by GRAEME WEARDEN and KAREN GOMM
ZDNet UK News, publication date: 24 November 2005
"But the Creative and Media Business Alliance (CMBA), a group of media companies including EMI, SonyBMG and TimeWarner, has lobbied the EU to allow this data to be used to investigate all crimes, not just serious offences such as terrorism."
by GRAEME WEARDEN and KAREN GOMM
ZDNet UK News, publication date: 24 November 2005
"But the Creative and Media Business Alliance (CMBA), a group of media companies including EMI, SonyBMG and TimeWarner, has lobbied the EU to allow this data to be used to investigate all crimes, not just serious offences such as terrorism."
France expected to cut iPod levy in time for Christmas
France expected to cut iPod levy in time for Christmas
by PETER SAYER
Macworld, publication date: 25 November 2005
"In France, as in some other European countries including Germany and Italy, it is legal to copy music for private use - but in return the law imposes copyright levies on blank media, including cassettes, CDs, DVDs, hard drives and flash memory devices. The copyright levy is intended to compensate composers, performers and producers for revenue opportunities lost due to private copying of music."
by PETER SAYER
Macworld, publication date: 25 November 2005
"In France, as in some other European countries including Germany and Italy, it is legal to copy music for private use - but in return the law imposes copyright levies on blank media, including cassettes, CDs, DVDs, hard drives and flash memory devices. The copyright levy is intended to compensate composers, performers and producers for revenue opportunities lost due to private copying of music."
The End Of Copyright
The End Of Copyright
by ERNEST ADAMS
Gamasutra, publication date: 28 November 2005
"The lawsuits, the spyware, the DMCA: these are the death struggles of an outdated business model. It's the modern-day equivalent of throwing the Christians to the lions in an effort to discourage Christianity. It didn't work for the ancient Romans and it won't work now.
...
In short, there are a heck of a lot of ways to recover the development and marketing costs of video games besides trying to sell individual physical copies and prevent their duplication. That system is awkward, wasteful, and theft-prone. It supports too many middlemen and, like Prohibition, puts money in the pockets of some very nasty gangsters."
by ERNEST ADAMS
Gamasutra, publication date: 28 November 2005
"The lawsuits, the spyware, the DMCA: these are the death struggles of an outdated business model. It's the modern-day equivalent of throwing the Christians to the lions in an effort to discourage Christianity. It didn't work for the ancient Romans and it won't work now.
...
In short, there are a heck of a lot of ways to recover the development and marketing costs of video games besides trying to sell individual physical copies and prevent their duplication. That system is awkward, wasteful, and theft-prone. It supports too many middlemen and, like Prohibition, puts money in the pockets of some very nasty gangsters."
NCC declares MCSN illegal, nullifies Adewopo?s approval
NCC declares MCSN illegal, nullifies Adewopo?s approval
by OZULUA UHAKHEME and RICHARD EGHAGHE
Daily Independent [Nigeria], publication date: 25 November 2005
"The president may have acted swiftly to save the copyright community, to which he also belongs as an author, from further embarrassment in the confusion rocking copyright owners and users in the entertainment industry, over collective administration of royalties, following unhealthy rivalry between the registered Performing and Mechanical Rights Society of Nigeria (PMRS) and the now deregistered MCSN, which was purportedly approved few months ago. The president was also said to have acted in the spirit of his ongoing anti-corruption crusade in the country."
by OZULUA UHAKHEME and RICHARD EGHAGHE
Daily Independent [Nigeria], publication date: 25 November 2005
"The president may have acted swiftly to save the copyright community, to which he also belongs as an author, from further embarrassment in the confusion rocking copyright owners and users in the entertainment industry, over collective administration of royalties, following unhealthy rivalry between the registered Performing and Mechanical Rights Society of Nigeria (PMRS) and the now deregistered MCSN, which was purportedly approved few months ago. The president was also said to have acted in the spirit of his ongoing anti-corruption crusade in the country."
Siva in Chronicle of Higher Ed: A Risky Gamble with Google
Siva in Chronicle of Higher Ed: A Risky Gamble with Google
by SIVA VAIDHYANATHAN
Chronicle of Higher Education, publication date: 02 December 2005
via Siva's blog
"And it dangerously elevates Google's role and responsibility as the steward --with no accountability -- of our information ecosystem. That's why I, an avowed open-source, open-access advocate, have serious reservations about it.
It pains me to declare this: Google's Library Project is a risky deal for libraries, researchers, academics, and the public in general. However, it's actually not a bad deal for publishers and authors, despite their protestations.
...
So the copyright-infringement suits brought by authors and by publishers against Google Library will present the courts with an interesting dilemma: Should they favor the norms of the Web (opt out) over the norms of the real world (opt in)? Google is clearly asserting the right to do what it has always done in the Web world — copied without permission for the purpose of providing an important commercial service that rides free on others' copyrighted work. The courts will have to decide if that is a bit too presumptuous and disruptive in the real world.
...
So I worry. We need services like that provided by Google Library. But they should be "Library Library" projects. Libraries should not be relinquishing their core duties to private corporations for the sake of expediency. Whichever side wins in court, we as a culture have lost sight of the ways that human beings, archives, indexes, and institutions interact to generate, preserve, revise, and distribute knowledge."
by SIVA VAIDHYANATHAN
Chronicle of Higher Education, publication date: 02 December 2005
via Siva's blog
"And it dangerously elevates Google's role and responsibility as the steward --with no accountability -- of our information ecosystem. That's why I, an avowed open-source, open-access advocate, have serious reservations about it.
It pains me to declare this: Google's Library Project is a risky deal for libraries, researchers, academics, and the public in general. However, it's actually not a bad deal for publishers and authors, despite their protestations.
...
So the copyright-infringement suits brought by authors and by publishers against Google Library will present the courts with an interesting dilemma: Should they favor the norms of the Web (opt out) over the norms of the real world (opt in)? Google is clearly asserting the right to do what it has always done in the Web world — copied without permission for the purpose of providing an important commercial service that rides free on others' copyrighted work. The courts will have to decide if that is a bit too presumptuous and disruptive in the real world.
...
So I worry. We need services like that provided by Google Library. But they should be "Library Library" projects. Libraries should not be relinquishing their core duties to private corporations for the sake of expediency. Whichever side wins in court, we as a culture have lost sight of the ways that human beings, archives, indexes, and institutions interact to generate, preserve, revise, and distribute knowledge."
Webcasting Prominent In WIPO Broadcasting Talks Despite Few Supporters
Webcasting Prominent In WIPO Broadcasting Talks Despite Few Supporters
by WILLIAM NEW
Intellectual Property Watch, publication date: 28 November 2005
"Member governments of the World Intellectual Property Organisation last week spent significant time discussing a proposal to include the delivery of broadcasts over the Internet in a treaty updating the rights of broadcasters. But the proposal appears to have almost no supporters among the member governments."
by WILLIAM NEW
Intellectual Property Watch, publication date: 28 November 2005
"Member governments of the World Intellectual Property Organisation last week spent significant time discussing a proposal to include the delivery of broadcasts over the Internet in a treaty updating the rights of broadcasters. But the proposal appears to have almost no supporters among the member governments."
Boston Globe Throws Mud at Peter Quinn -- Mud Lands on Boston Globe
Boston Globe Throws Mud at Peter Quinn -- Mud Lands on Boston Globe
Groklaw, publication date: 26 November 2005
"Let's see. If one doesn't want to use Microsoft's formats, because one thinks they are not open enough for one's legitimate needs as a government agency, what happens to one? Microsoft's goons and allies will comb through your life looking for dirt, or something that looks a little like dirt, to ruin your reputation? And so the Boston Globe decided to investigate how completely Peter Quinn dotted his I's and crossed his T's on his expense account:"
Groklaw, publication date: 26 November 2005
"Let's see. If one doesn't want to use Microsoft's formats, because one thinks they are not open enough for one's legitimate needs as a government agency, what happens to one? Microsoft's goons and allies will comb through your life looking for dirt, or something that looks a little like dirt, to ruin your reputation? And so the Boston Globe decided to investigate how completely Peter Quinn dotted his I's and crossed his T's on his expense account:"
Wednesday, November 23, 2005
iPod DRM faces another reverse-engineering challenge
iPod DRM faces another reverse-engineering challenge
by JIM DALRYMPLE
Playlist, publication date: 22 November 2005
"Content downloaded from iTunes is encoded with the FairPlay DRM system, effectively putting limits on how customers can use the content. Content providers want to use FairPlay because of the popularity of the iPod, which is incompatible with all DRM formats other than FairPlay. Apple has declined to license the technology to outside vendors."
by JIM DALRYMPLE
Playlist, publication date: 22 November 2005
"Content downloaded from iTunes is encoded with the FairPlay DRM system, effectively putting limits on how customers can use the content. Content providers want to use FairPlay because of the popularity of the iPod, which is incompatible with all DRM formats other than FairPlay. Apple has declined to license the technology to outside vendors."
USC/Berkeley Report: over 30% of DMCA take-down notices are improper
USC/Berkeley Report: over 30% of DMCA take-down notices are improper.
by JASON SCHULTZ
Copyfight, publication date: 22 November 2005
"The report finds that nearly 1/3rd of all notices are improper and potentially illegal. The full report will be out in March 2006."
by JASON SCHULTZ
Copyfight, publication date: 22 November 2005
"The report finds that nearly 1/3rd of all notices are improper and potentially illegal. The full report will be out in March 2006."
BitTorrent shakes hands with MPAA
BitTorrent shakes hands with MPAA
by STEVE MALONE
PC Pro, publication date: 23 November 2005
"'BitTorrent is an extremely efficient publishing tool and search engine that allows creators and rights holders to make their content available on the Internet securely,' said Cohen in a statement. 'BitTorrent discourages the use of its technology for distributing films without a licence to do so. As such, we are pleased to work with the film industry to remove unauthorized content from BitTorrent.com's search engine'."
by STEVE MALONE
PC Pro, publication date: 23 November 2005
"'BitTorrent is an extremely efficient publishing tool and search engine that allows creators and rights holders to make their content available on the Internet securely,' said Cohen in a statement. 'BitTorrent discourages the use of its technology for distributing films without a licence to do so. As such, we are pleased to work with the film industry to remove unauthorized content from BitTorrent.com's search engine'."
Tuesday, November 22, 2005
Backing up software could have legal implications
Backing up software could have legal implications
by JOHN AGSALUD
[Honolulu] Star Bulletin, publication date: 21 November 2005
"How do you know if your software is copy protected? You could read the fine print on the license agreements, but the backup policy is not always well-defined."
by JOHN AGSALUD
[Honolulu] Star Bulletin, publication date: 21 November 2005
"How do you know if your software is copy protected? You could read the fine print on the license agreements, but the backup policy is not always well-defined."
University Network i2hub Shut Down
University Network i2hub Shut Down
Associated Press
Top Tech News, publication date: 21 November 2005
"'I've never believed i2hub was illegal,' Chang said. 'A lot of people have met their significant others on there, have received or given homework help, etc. It was a real-time social network.'"
Associated Press
Top Tech News, publication date: 21 November 2005
"'I've never believed i2hub was illegal,' Chang said. 'A lot of people have met their significant others on there, have received or given homework help, etc. It was a real-time social network.'"
Politicos wary of changes to copyright law
Politicos wary of changes to copyright law
by ANNE BROACHE
CNet News, publication date: 16 November 2005
"But panelists encountered reservations--and outright opposition--from several members of the House subcommittee, including Chairman Cliff Stearns, a Florida Republican, who said he thought the solution should lie in
technology, 'not necessarily in legislation.'
...
Stearns and others said they were concerned that any law allowing circumvention of copy-protection devices would undercut the purpose of the DMCA and could be exploited by criminals looking to pirate works.
"I hope we can slow down the movement of (the consumer) bill or stop it entirely," said Rep. Mary Bono, a California Republican who described herself as a "staunch opponent" of the bill.
Barton and Boucher said they disagreed: The same penalties would continue to apply to pirates, they said."
by ANNE BROACHE
CNet News, publication date: 16 November 2005
"But panelists encountered reservations--and outright opposition--from several members of the House subcommittee, including Chairman Cliff Stearns, a Florida Republican, who said he thought the solution should lie in
technology, 'not necessarily in legislation.'
...
Stearns and others said they were concerned that any law allowing circumvention of copy-protection devices would undercut the purpose of the DMCA and could be exploited by criminals looking to pirate works.
"I hope we can slow down the movement of (the consumer) bill or stop it entirely," said Rep. Mary Bono, a California Republican who described herself as a "staunch opponent" of the bill.
Barton and Boucher said they disagreed: The same penalties would continue to apply to pirates, they said."
Fair Use and Free Speech
Fair Use and Free Speech
Release of the Documentary Filmmakers' Statement of Best Practices in Fair Use (PDF file)
Center for Social Media, publication date: 18 November 2005
Release of the Documentary Filmmakers' Statement of Best Practices in Fair Use (PDF file)
Center for Social Media, publication date: 18 November 2005
Copyright isn't the last word
Copyright isn't the last word
by ELAINE DUTKA
Los Angeles Times, publication date: 18 November 2005
"Stories such as these spurred the creation of 'The Documentary Filmmakers' Statement of Best Practices in Fair Use,' a document to be released today as a guideline for judging when material is free for use. The statement describes situations in which filmmakers believe the code applies, saving documentarians the cost of consulting attorneys. The law is intentionally vague, intended to be interpreted case by case."
by ELAINE DUTKA
Los Angeles Times, publication date: 18 November 2005
"Stories such as these spurred the creation of 'The Documentary Filmmakers' Statement of Best Practices in Fair Use,' a document to be released today as a guideline for judging when material is free for use. The statement describes situations in which filmmakers believe the code applies, saving documentarians the cost of consulting attorneys. The law is intentionally vague, intended to be interpreted case by case."
Sony's Copyright Overreach
Sony's Copyright Overreach
by LORRAINE WOELLERT
BusinessWeek, publication date: 17 November 2005
"Now the tide might be turning, thanks to a classic case of overreaching that has fomented a backlash against the industry. On Oct. 31, blogger Mark Russinovich discovered a hidden program installed on his PC by a Sony (SNE) BMG music disk. The code was designed to prevent purchasers of the CD from copying it or converting it. But the program was disturbing for another reason -- in an apparent effort to prevent garden-variety hackers from circumventing the copy restrictions, Sony designed the program to surreptitiously bury itself deep within the Windows operating system, completely hidden from view."
by LORRAINE WOELLERT
BusinessWeek, publication date: 17 November 2005
"Now the tide might be turning, thanks to a classic case of overreaching that has fomented a backlash against the industry. On Oct. 31, blogger Mark Russinovich discovered a hidden program installed on his PC by a Sony (SNE) BMG music disk. The code was designed to prevent purchasers of the CD from copying it or converting it. But the program was disturbing for another reason -- in an apparent effort to prevent garden-variety hackers from circumventing the copy restrictions, Sony designed the program to surreptitiously bury itself deep within the Windows operating system, completely hidden from view."
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