"Frankly, the dueling decisions in these cases, and the numerous articles and statements by serious copyright scholars on both sides of this analysis, show that even those who steep themselves in the details of fair use can disagree on whether a certain use is fair or violative. When intellectual property law experts cannot agree, we should not expect our history and math faculty to do justice to the fair use analysis each time. Instead, faculty will divide into two camps. One group will “throw caution to the wind” and use whatever content they wish in whatever form they desire, hoping never to raise the ire of the publishing companies. The other, out of an abundance of caution, will self-censor, and fail to make fair use of content for fear that they might step over a line they cannot possibly identify, and can never be certain of until a judge rules one way or the other. Either way, our students and the publishers lose out.""
Wednesday, October 22, 2014
Joseph Storch, Inside Higher Ed; Why We Need Bright Lines:
Louis Menand, New Yorker; Crooner in Rights Spat: Are copyright laws too strict? :
"his almost instinctive distinction between what is proper in the analog realm and what is proper in the digital realm is at the center of a global debate about the state of copyright law. Statutes protecting copyright have never been stricter; at the same time, every minute of every day, millions of people are making or using copies of material—texts, sounds, and images—that they didn’t create. According to an organization called Tru Optik, as many as ten billion files, including movies, television shows, and games, were downloaded in the second quarter of this year. Tru Optik estimates that approximately ninety-four per cent of those downloads were illegal. The law seems to be completely out of whack with the technology."
Quentin Hardy, New York Times; Cloud Computing Is Forcing a Reconsideration of Intellectual Property:
"Almost overnight, our technology revolution is shaking up entire industries and remaking society. Don’t get caught up in the small stuff, though: Tech really is changing how we think about our ideas. We’ve used ideas to sculpt the globe since the Industrial Revolution, thanks largely to the way we handle intellectual property. When machines, and machines to make identical machines, mass-produced reliably identical goods, it was because people understood the same set of instructions. Mass-produced books, music and movies were possible, too. Like machine-making instructions, these items were made reliable and protected with laws of copyright, patent and trademark. Now, according to people involved in the business of protecting ideas, all of that is set to change. Software, lashing together thousands of computer servers into fast and flexible cloud-computing systems, is the reason. Clouds, wirelessly connected to more software in just about everything, make it possible to shift, remix and borrow from once separate industrial categories."
Deb Amlen, New York Times; Rock ’n Roll Hall of Fame:
"The artist formerly known as Prince and who is apparently very sensitive about copyright has prevented any videos of “RASPBERRY BERET” from being played on YouTube."
Hilda Bastian, Scientific American; Teenage Mutant Ninja Journal! Celebrating an Open Access Birthday:
“The world of medical journals needs a fresh infusion of idealism.” And with those words from PLOS founders, Mike Eisen, Pat Brown, and Harold Varmus, the first issue of PLOS Medicine launched 10 years ago today. Its “mutant” superpower was being open access. Then – as now – it was bold, idealistic, and an active advocate for open science. The year before, when PLOS had just arrived, Richard Horton, the editor of The Lancet, wrote: “An historic realignment of power is beginning to take place in scientific and medical journal publishing. Nobody is certain about the final outcome.”"
OPEN ACCESS WEEK @ Pitt, 2014
"Open Access Week, a global event now entering its seventh year, is an opportunity for the academic and research community to continue to learn about the potential benefits of Open Access, to share what they've learned with colleagues, and to help inspire wider participation to make Open Access a new norm in scholarship and research."
Celebrating Open Access Week: Research Should Be Free, Available, and Open; Electronic Frontier Foundation, 10/20/14
Electronic Frontier Foundation; Celebrating Open Access Week: Research Should Be Free, Available, and Open:
"Welcome to the eighth annual Open Access Week! We're joining an international community—researchers and students, doctors and patients, librarians and activists—to celebrate free and open access to knowledge. This is also a time to discuss the barriers and costs of keeping research and information locked up with restrictive licenses and publisher paywalls. This week, we'll be blogging daily about various aspects of open access, as well as ways to get involved in the movement. Visit this page throughout the week to find a list of all our blog posts. If you have further questions, be sure to tune in on Thursday at 10 a.m. PT for a reddit AmA, where we’ll be joined by fellow advocates and researchers."