AP/Huffinton Post; E-Books Outsell Paper Books On Barnes & Noble's Online Store:
"Bookseller Barnes & Noble Inc. on Thursday said its line of Nook e-reading devices are the biggest-selling items in its history, and added it sold nearly 1 million e-books on Christmas Day."
Friday, December 31, 2010
Thursday, December 30, 2010
Uncertainty About 'Fair Use' Is Hurting Academic and Research Libraries, ARL Report Says; Library Journal, 12/28/10
Michael Kelley, Library Journal; Uncertainty About 'Fair Use' Is Hurting Academic and Research Libraries, ARL Report Says:
"A lack of consensus about how to apply the fair use provision of copyright law is consistently impairing the mission of academic and research libraries, according to a new report.
The report, released December 20 by the Association of Research Libraries (ARL), concludes that librarians often feel ill-equipped to make decisions about fair use and increasingly have as their primary goal avoiding litigation and harm to their institution, regardless of what the law allows and what the user community needs."
"A lack of consensus about how to apply the fair use provision of copyright law is consistently impairing the mission of academic and research libraries, according to a new report.
The report, released December 20 by the Association of Research Libraries (ARL), concludes that librarians often feel ill-equipped to make decisions about fair use and increasingly have as their primary goal avoiding litigation and harm to their institution, regardless of what the law allows and what the user community needs."
Oracle Owed Interest by SAP in Infringement Case, Judge Rules; Bloomberg, 12/29/10
Joel Rosenblatt, Bloomberg; Oracle Owed Interest by SAP in Infringement Case, Judge Rules:
"Oracle Corp. must be paid interest on the $1.3 billion copyright-infringement jury verdict it won against SAP AG last month, a federal judge said."
"Oracle Corp. must be paid interest on the $1.3 billion copyright-infringement jury verdict it won against SAP AG last month, a federal judge said."
Righthaven responds to fair use defense in suit; Miami Herald, 12/27/10
Miami Herald; Righthaven responds to fair use defense in suit:
"A company suing websites on behalf of the owner of the Las Vegas Review-Journal says an Oregon nonprofit that helps immigrants isn't exempt from copyright laws."
"A company suing websites on behalf of the owner of the Las Vegas Review-Journal says an Oregon nonprofit that helps immigrants isn't exempt from copyright laws."
Looking at the cloud from both sides now; Los Angeles Times, 12/28/10
Michael Hiltzik, Los Angeles Times; Looking at the cloud from both sides now:
"I recognize that one can't "own" a Kindle book any more than one can own a cat. One can only "license" the book — on terms that are part of a 2,000-word user agreement. The agreement allows a licensee to keep a permanent copy of the book and view it an unlimited number of times. But it also encrusts every book with restrictions on what else can be done with it, including how many reading devices it can be installed on at a time.
These restrictions only proliferate. In a famous example, the terms of use of a digital version of "Alice's Adventures in Wonderland" included: "This book cannot be read aloud." The digital publisher also tried to limit how many pages of the text a user could print in a given time period. The author's copyright on "Alice," it should be noted, expired in 1907."
"I recognize that one can't "own" a Kindle book any more than one can own a cat. One can only "license" the book — on terms that are part of a 2,000-word user agreement. The agreement allows a licensee to keep a permanent copy of the book and view it an unlimited number of times. But it also encrusts every book with restrictions on what else can be done with it, including how many reading devices it can be installed on at a time.
These restrictions only proliferate. In a famous example, the terms of use of a digital version of "Alice's Adventures in Wonderland" included: "This book cannot be read aloud." The digital publisher also tried to limit how many pages of the text a user could print in a given time period. The author's copyright on "Alice," it should be noted, expired in 1907."
GEMA Music Collection Society No Longer Will Let Kindergartens Get Away With Teaching Music For Free; TechDirt, 12/30/10
Mike Masnick, TechDirt.com; GEMA Music Collection Society No Longer Will Let Kindergartens Get Away With Teaching Music For Free:
"We've discussed a few times how the German music collection society GEMA often appears to be one of the worst of the worst when it comes to copyright maximalism."
"We've discussed a few times how the German music collection society GEMA often appears to be one of the worst of the worst when it comes to copyright maximalism."
Google Streamlining its Approach to Digital Copyright; Wired.com, 12/2/10
Top IP-Watch Stories Of 2010: Copyright Fights, ACTA, Medicines Access; Intellectual Property Watch, 12/30/10
William New and Catherine Saez, Intellectual Property Watch; Top IP-Watch Stories Of 2010: Copyright Fights, ACTA, Medicines Access:
"At Intellectual Property Watch, a list of the top 25 posts of 2010 reveals your – our readers’ – top interests of the past year.
The clear winner in terms of frequency on the list was the Anti-Counterfeiting Trade Agreement (ACTA), as about a third of the top stories dealt with that treaty in the headline and several more indirectly. But the top two on the list were articles about the ongoing struggle to balance the push by copyright holders for greater protection in the digital environment with the push to ensure that knowledge may be accessed by the maximum number of people. Given that stories about enforcement far outnumber stories about new ideas to spread open access or to generate revenue, one might conclude that enforcement may be the core business model for many."
"At Intellectual Property Watch, a list of the top 25 posts of 2010 reveals your – our readers’ – top interests of the past year.
The clear winner in terms of frequency on the list was the Anti-Counterfeiting Trade Agreement (ACTA), as about a third of the top stories dealt with that treaty in the headline and several more indirectly. But the top two on the list were articles about the ongoing struggle to balance the push by copyright holders for greater protection in the digital environment with the push to ensure that knowledge may be accessed by the maximum number of people. Given that stories about enforcement far outnumber stories about new ideas to spread open access or to generate revenue, one might conclude that enforcement may be the core business model for many."
Wednesday, December 29, 2010
50 Cent Named In NY Copyright Infringement Lawsuit; NPR, 12/15/10
Viacom Replays Copyright Claims In YouTube Appeal; NPR, 12/3/10
NPR; Viacom Replays Copyright Claims In YouTube Appeal:
"Viacom Inc., the owner of MTV, Comedy Central and Nickelodeon, is trying to revive a federal lawsuit that seeks more than $1 billion in damages from YouTube for showing tens of thousands of pirated video clips from its shows."
"Viacom Inc., the owner of MTV, Comedy Central and Nickelodeon, is trying to revive a federal lawsuit that seeks more than $1 billion in damages from YouTube for showing tens of thousands of pirated video clips from its shows."
[Podcast] They Say That I Stole This; NPR's On the Media, 12/24/10
NPR's On the Media; They Say That I Stole This:
"Twenty years ago a series of lawsuits criminalized the hip-hop sampling of artists like Hank Shocklee and Public Enemy. And yet, two decades later, artists like Girl Talk have found success breaking those same sampling laws. OTM producer Jamie York talks to Girl Talk, Shocklee and Duke Law professor James Boyle about two decades of sampling - on both sides of the law."
"Twenty years ago a series of lawsuits criminalized the hip-hop sampling of artists like Hank Shocklee and Public Enemy. And yet, two decades later, artists like Girl Talk have found success breaking those same sampling laws. OTM producer Jamie York talks to Girl Talk, Shocklee and Duke Law professor James Boyle about two decades of sampling - on both sides of the law."
Watch out Big Content—RapidShare has hired a lobbying firm; ArsTechnica.com, 12/28/10
Matthew Lasar, ArsTechnica.com; Watch out Big Content—RapidShare has hired a lobbying firm:
"The registration form that RapidShare filed with the government makes it pretty clear what the three lobbyists the company has hired will be focusing on: "Develop and implement a coordinated government affairs/public relations program for RapidShare targeted at Congress, the Administration and the media to help counter negative attacks on the company from US copyright interests.""
"The registration form that RapidShare filed with the government makes it pretty clear what the three lobbyists the company has hired will be focusing on: "Develop and implement a coordinated government affairs/public relations program for RapidShare targeted at Congress, the Administration and the media to help counter negative attacks on the company from US copyright interests.""
Cheaters Find an Adversary in Technology; New York Times, 12/28/10
Trip Gabriel, New York Times; Cheaters Find an Adversary in Technology:
"For the Law School Admission Council, which administers the LSAT four times a year to a total of more than 140,000 people, Caveon patrols the Internet looking for leaked questions on sites it calls “brain dumps,” where students who have just taken an exam discuss it openly.
“There’s all kinds of stuff on the blogs after the test trying to guess which stuff will show up in the future; there’s a whole cottage industry,” said Wendy Margolis, a spokeswoman for the council.
Caveon, which declined to reveal what it charges clients, sends letters to the people who operate those Web sites requiring them to take down the material under the Digital Millennium Copyright Act."
"For the Law School Admission Council, which administers the LSAT four times a year to a total of more than 140,000 people, Caveon patrols the Internet looking for leaked questions on sites it calls “brain dumps,” where students who have just taken an exam discuss it openly.
“There’s all kinds of stuff on the blogs after the test trying to guess which stuff will show up in the future; there’s a whole cottage industry,” said Wendy Margolis, a spokeswoman for the council.
Caveon, which declined to reveal what it charges clients, sends letters to the people who operate those Web sites requiring them to take down the material under the Digital Millennium Copyright Act."
Sunday, December 26, 2010
The Creative Cocktail: A Guest Post; New York Times, 12/23/10
New York Times; The Creative Cocktail: A Guest Post:
"Kal Raustiala, a professor at UCLA Law School and the UCLA International Institute, and Chris Sprigman, a professor at the University of Virginia Law School, are experts in counterfeiting and intellectual property. They have been guest-blogging for us about copyright issues. This week, they write about the role of copyright in cocktails."
"Kal Raustiala, a professor at UCLA Law School and the UCLA International Institute, and Chris Sprigman, a professor at the University of Virginia Law School, are experts in counterfeiting and intellectual property. They have been guest-blogging for us about copyright issues. This week, they write about the role of copyright in cocktails."
Porn site: publicizing takedown notices is copyright infringement; ArsTechnica.com, 12/23/10
David Kravets, ArsTechinca.com; Porn site: publicizing takedown notices is copyright infringement:
"...Perfect 10 alleges Google’s forwarding of Perfect 10’s takedown notices to the Chilling Effects Clearinghouse website constitutes copyright infringement."
"...Perfect 10 alleges Google’s forwarding of Perfect 10’s takedown notices to the Chilling Effects Clearinghouse website constitutes copyright infringement."
[Editorial] China and Intellectual Property; New York Times, 12/24/10
[Editorial] New York Times; China and Intellectual Property:
"The United States has made some progress at the World Trade Organization against the theft of intellectual property in China. But it must be much more vigilant and aggressive."
"The United States has made some progress at the World Trade Organization against the theft of intellectual property in China. But it must be much more vigilant and aggressive."
Avatar Tops List as Most Pirated Movie of 2010; Tech Week, 12/25/10
Tech Week; Avatar Tops List as Most Pirated Movie of 2010:
"According to a file-sharing blog, the classic blockbuster Avatar has turned out to be the most illegally copied movie of 2010. It is also the highest-grossing film ever as it earned $2.8 bn (£1.8bn) in the world wide box office."
"According to a file-sharing blog, the classic blockbuster Avatar has turned out to be the most illegally copied movie of 2010. It is also the highest-grossing film ever as it earned $2.8 bn (£1.8bn) in the world wide box office."
Wednesday, December 22, 2010
Split Decision Settles Few Questions in Supreme Court Copyright Case; Library Journal, 12/16/10
Josh Hadro, Library Journal; Split Decision Settles Few Questions in Supreme Court Copyright Case:
"What happens to library acquisitions now that the Supreme Court has issued a 4-4 split ruling [PDF] in the case of Costco v. Omega, a case library advocates were worried could stymie the lending of some 200 million foreign-made titles? The answer, at least for now, is business as usual—until the court takes up another copyright case, or Congress intervenes.
The split ruling—a result of Associate Justice Elena Kagan's recusal on account of her previous role as Solicitor General—in effect upholds the Ninth Circuit's ruling that the "first sale" doctrine does not apply to goods manufactured outside the country without setting nationwide precedent."
"What happens to library acquisitions now that the Supreme Court has issued a 4-4 split ruling [PDF] in the case of Costco v. Omega, a case library advocates were worried could stymie the lending of some 200 million foreign-made titles? The answer, at least for now, is business as usual—until the court takes up another copyright case, or Congress intervenes.
The split ruling—a result of Associate Justice Elena Kagan's recusal on account of her previous role as Solicitor General—in effect upholds the Ninth Circuit's ruling that the "first sale" doctrine does not apply to goods manufactured outside the country without setting nationwide precedent."
Sunday, December 19, 2010
US Ambassador: Over-Focus On Development “Will Kill” WIPO; Intellectual Property Watch, 12/17/10
William New, Intellectual Property Watch; US Ambassador: Over-Focus On Development “Will Kill” WIPO:
"There are two sides to the argument, and [US Ambassador Betty] King took the copyright holder side, indicating that while access is desirable, the denial or abrogation of book authors’ rights “would eventually mean we will never have a book.”
She also referred to the US bringing musician Stevie Wonder – who is visually impaired -to WIPO earlier this autumn (IPW, Copyright Policy, 20 September 2010), and that his message was he wants people to have access but he also values the importance of royalties to the creators. “We have to maintain certain procedures to continue to get movies and books and all of that,” she concluded."
http://www.ip-watch.org/weblog/2010/12/17/us-ambassador-over-focus-on-development-will-kill-wipo/
"There are two sides to the argument, and [US Ambassador Betty] King took the copyright holder side, indicating that while access is desirable, the denial or abrogation of book authors’ rights “would eventually mean we will never have a book.”
She also referred to the US bringing musician Stevie Wonder – who is visually impaired -to WIPO earlier this autumn (IPW, Copyright Policy, 20 September 2010), and that his message was he wants people to have access but he also values the importance of royalties to the creators. “We have to maintain certain procedures to continue to get movies and books and all of that,” she concluded."
http://www.ip-watch.org/weblog/2010/12/17/us-ambassador-over-focus-on-development-will-kill-wipo/
School librarians: Headed for the history books?; Minneapolis Star Tribune, 12/11/10
Daarel Burnette II, Minneapolis Star Tribune; School librarians: Headed for the history books?:
""Everything has been impacted by technology," said Nancy Walton, the director of Minnesota's State Library Services. "Students need to know how to go online to use it safely, use it appropriately and understand the issues of intellectual freedom and copyright. Kids assume because it's on the Internet, it's free and they can use it as they want.""
http://www.startribune.com/local/east/111702274.html
""Everything has been impacted by technology," said Nancy Walton, the director of Minnesota's State Library Services. "Students need to know how to go online to use it safely, use it appropriately and understand the issues of intellectual freedom and copyright. Kids assume because it's on the Internet, it's free and they can use it as they want.""
http://www.startribune.com/local/east/111702274.html
Wednesday, December 15, 2010
Funk Legend George Clinton Sues the Black Eyed Peas for alleged Copyright Infringement, Entertainment Weekly, 12/14/10
Brad Wete, Entertainment Weekly; Funk Legend George Clinton Sues the Black Eyed Peas for alleged Copyright Infringement:
"Parliament Funkadelic leader George Clinton has filed a copyright lawsuit against each member of the Black Eyed Peas, UMG Recordings, and Cherry Lane Music, accusing them of wrongfully sampling his “(Not Just) Knee Deep” from 1979 album Uncle Jam Wants You on two remixes of the will.i.am-produced “Shut Up”: “Shut the Phunk Up Remix” and “Shut Up Remix” from their 2003 Grammy-nominated Elephunk album. The case was filed Dec. 10 in U.S. District Court in Los Angeles."
"Parliament Funkadelic leader George Clinton has filed a copyright lawsuit against each member of the Black Eyed Peas, UMG Recordings, and Cherry Lane Music, accusing them of wrongfully sampling his “(Not Just) Knee Deep” from 1979 album Uncle Jam Wants You on two remixes of the will.i.am-produced “Shut Up”: “Shut the Phunk Up Remix” and “Shut Up Remix” from their 2003 Grammy-nominated Elephunk album. The case was filed Dec. 10 in U.S. District Court in Los Angeles."
Thursday, December 9, 2010
No harm, no foul? P2P user says $1.5M award should be zeroed out; ArsTechnica.com, 12/8/10
Nate Anderson, ArsTechnica.com; No harm, no foul? P2P user says $1.5M award should be zeroed out:
"Jammie Thomas-Rasset, the first US citizen to take her file-sharing lawsuit all the way to a verdict, has been hit with three separate damage awards: $222,000, $1.92 million, and recently $1.5 million. The judge has made clear that these figures are absurd; after the second trial, he declared $54,000 the most that he could possibly allow.
But what does Thomas-Rasset think she owes? Nothing."
http://arstechnica.com/tech-policy/news/2010/12/no-harm-no-foul-p2p-user-says-15m-award-should-be-zeroed-out.ars
"Jammie Thomas-Rasset, the first US citizen to take her file-sharing lawsuit all the way to a verdict, has been hit with three separate damage awards: $222,000, $1.92 million, and recently $1.5 million. The judge has made clear that these figures are absurd; after the second trial, he declared $54,000 the most that he could possibly allow.
But what does Thomas-Rasset think she owes? Nothing."
http://arstechnica.com/tech-policy/news/2010/12/no-harm-no-foul-p2p-user-says-15m-award-should-be-zeroed-out.ars
Koslowski’s Lament; Eye on Comics, 12/8/10
Don MacPherson, Eye on Comics; Koslowski’s Lament:
"An independent comics creator in the United States who won a copyright-infringement judgment against a Canadian businessman last year says the court order has proven to be worthless because the man who used his art without permission — and continues to do so — simply chooses to ignore it."
http://www.eyeoncomics.com/?p=1467
"An independent comics creator in the United States who won a copyright-infringement judgment against a Canadian businessman last year says the court order has proven to be worthless because the man who used his art without permission — and continues to do so — simply chooses to ignore it."
http://www.eyeoncomics.com/?p=1467
Tuesday, December 7, 2010
Wikileaks cables reveal that the US wrote Spain's proposed copyright law; BoingBoing.net, 12/3/10
Cory Doctorow, BoingBoing.net; Wikileaks cables reveal that the US wrote Spain's proposed copyright law:
"Spain's Congress is about to vote on a new and extremely harsh copyright/Internet law. It's an open secret that the law was essentially drafted by American industry groups working with the US trade representative."
http://www.boingboing.net/2010/12/03/wikileaks-cables-rev.html
"Spain's Congress is about to vote on a new and extremely harsh copyright/Internet law. It's an open secret that the law was essentially drafted by American industry groups working with the US trade representative."
http://www.boingboing.net/2010/12/03/wikileaks-cables-rev.html
Is it time for term limits for the Copyright Office's Register?; ArsTechnica.com, 12/7/10
Matthew Lasar, ArsTechnica.com; Is it time for term limits for the Copyright Office's Register?:
""The discussions surrounding copyright policy impact more constituencies than ever before," A Copyright Office for the 21st Century recommends. All the more reason for the Register to have a "nuanced understanding" of all the stakeholders affected by copyright rules.
"Unfortunately, each year that the Register is head of the Copyright Office makes it harder to maintain that type of connection," PK notes. "Furthermore, it increases the possibility that he or she will favor one or more existing stakeholders groups over newly emergent ones. Effective policy making requires the regular infusion of new blood and new ideas.""
http://arstechnica.com/tech-policy/news/2010/12/is-it-time-for-term-limits-for-the-copyright-offices-register.ars
""The discussions surrounding copyright policy impact more constituencies than ever before," A Copyright Office for the 21st Century recommends. All the more reason for the Register to have a "nuanced understanding" of all the stakeholders affected by copyright rules.
"Unfortunately, each year that the Register is head of the Copyright Office makes it harder to maintain that type of connection," PK notes. "Furthermore, it increases the possibility that he or she will favor one or more existing stakeholders groups over newly emergent ones. Effective policy making requires the regular infusion of new blood and new ideas.""
http://arstechnica.com/tech-policy/news/2010/12/is-it-time-for-term-limits-for-the-copyright-offices-register.ars
MPAA Sends Letter to Thousands of Colleges About Copyright Rules; Wired Campus, 12/6/10
Jeff Young, Wired Campus; MPAA Sends Letter to Thousands of Colleges About Copyright Rules:
"The Motion Picture Association of American began sending letters to thousands of colleges and university presidents today, alerting them that the industry group will start notifying colleges whenever it detects illegal trading of Hollywood films and hit TV shows on their campuses."
http://chronicle.com/blogs/wiredcampus/mpaa-sends-letter-to-thousands-of-colleges-about-copyright-rules/28552
"The Motion Picture Association of American began sending letters to thousands of colleges and university presidents today, alerting them that the industry group will start notifying colleges whenever it detects illegal trading of Hollywood films and hit TV shows on their campuses."
http://chronicle.com/blogs/wiredcampus/mpaa-sends-letter-to-thousands-of-colleges-about-copyright-rules/28552
Saturday, December 4, 2010
US Online Counterfeit Crackdown Has Industry Beaming; Intellectual Property Watch, 11/29/10
Intellectual Property Watch; US Online Counterfeit Crackdown Has Industry Beaming:
"In a move aimed to protect domestic intellectual property rights, the United States Justice Department today announced the suspension of 82 internet domain names on suspicion of selling counterfeit sports equipment, clothes and DVDs, music and software. But some used the opportunity to engage in scaremongering such as safety of families from harmful counterfeits, though none of the products involved appeared to fit that fear."
http://www.ip-watch.org/weblog/2010/11/29/us-counterfeit-crackdown-has-industry-beaming/
"In a move aimed to protect domestic intellectual property rights, the United States Justice Department today announced the suspension of 82 internet domain names on suspicion of selling counterfeit sports equipment, clothes and DVDs, music and software. But some used the opportunity to engage in scaremongering such as safety of families from harmful counterfeits, though none of the products involved appeared to fit that fear."
http://www.ip-watch.org/weblog/2010/11/29/us-counterfeit-crackdown-has-industry-beaming/
U.S. Government Seizes 82 Websites: A Glimpse at the Draconian Future of Copyright Enforcement?; Electronic Frontier Foundation, 11/29/10
Corynne McSherry, Electronic Frontier Foundation; U.S. Government Seizes 82 Websites: A Glimpse at the Draconian Future of Copyright Enforcement?:
"This type of seizure is not unprecedented, but we haven’t seen it happen on such a broad scale before. This kind of mass action raises at least three concerns"...
https://www.eff.org/deeplinks/2010/11/us-government-seizes-82-websites-draconian-future
"This type of seizure is not unprecedented, but we haven’t seen it happen on such a broad scale before. This kind of mass action raises at least three concerns"...
https://www.eff.org/deeplinks/2010/11/us-government-seizes-82-websites-draconian-future
Thursday, December 2, 2010
Google's bookstore may launch in time for the holidays; ArsTechnica.com, 12/1/10
John Timmer, ArsTechnica.com; Google's bookstore may launch in time for the holidays:
"Google's settlement with book copyright owners may still be meandering through the courts, but that's apparently not going to stop the search giant from launching an online bookstore. The company's book settlement, which would give Google the right to offer out-of-print books for sale, is still awaiting approval or modification by a New York court...
For now, however, the books on offer will simply mirror what's available from other retailers, which primarily means books currently in print and a back catalog of works old enough to be out of copyright."
http://arstechnica.com/media/news/2010/12/googles-book-store-may-launch-in-time-for-the-holidays.ars
"Google's settlement with book copyright owners may still be meandering through the courts, but that's apparently not going to stop the search giant from launching an online bookstore. The company's book settlement, which would give Google the right to offer out-of-print books for sale, is still awaiting approval or modification by a New York court...
For now, however, the books on offer will simply mirror what's available from other retailers, which primarily means books currently in print and a back catalog of works old enough to be out of copyright."
http://arstechnica.com/media/news/2010/12/googles-book-store-may-launch-in-time-for-the-holidays.ars
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