Showing posts with label Computer Fraud and Abuse Act. Show all posts
Showing posts with label Computer Fraud and Abuse Act. Show all posts

Tuesday, June 27, 2017

Lawyers Rally to Save ‘McMansion Hell’ from Zillow’s Copyright Claim; Fortune, June 27, 2017

Jeff John Roberts, Fortune; Lawyers Rally to Save ‘McMansion Hell’ from Zillow’s Copyright Claim

"A Zillow spokesperson has sent the following statement to media outlets:

"We are asking this blogger to take down the photos that are protected by copyright rules, but we did not demand she shut down her blog and hope she can find a way to continue her work," the statement reads.

The McMansion Hell controversy is likely to end with Wagner's site going back online, and with Zillow becoming the latest victim of what is known as "the Streisand effect"—a phenomenon in which an attempt to use dubious legal tactics to smother an issue on the Internet results in even more publicity for that issue. (Ironically, the original Streisand effect case—named for Barbara Streisand—also turned on mansions)."

Friday, November 18, 2016

Deep Dive: Open Access and Transforming the Future of Research; Electronic Frontier Foundation (EFF), 11/4/16

Gennie Gebhart, Electronic Frontier Foundation (EFF); Deep Dive: Open Access and Transforming the Future of Research:
"Open access depends on more than removing cost barriers. It also means giving the public freedom to use research. Under the current academic publishing model, even the simple act of sharing can be a crime.
When Diego Gomez, a Master’s student in Colombia, shared a colleague’s thesis with other scientists over the Internet, he was doing what any grad student would do: sharing research he found useful so others could benefit from it. But the author of the paper filed a lawsuit, and Diego’s act of sharing became a copyright violation punishable by four to eight years in prison.
In the U.S., activist Aaron Swartz also met unjust charges on 13 criminal counts for downloading millions of articles from academic journal database JSTOR. The charges would have put him in jail for years under the Computer Fraud and Abuse Act.
If other users see Diego’s or Aaron’s cases and fear the consequences that can come with copyright infringement allegations, everyday activities like sharing academic resources can become intimidating. These cases remind us that sharing and building on existing research is integral to the open access vision. That could mean anything from translation to remixing to large-scale analysis. In an open access world, these innovative, collaborative actions would not be criminal."

Friday, December 11, 2015

A misguided attempt to “defend trade secrets”; Washington Post, 12/2/15

David Post, Washington Post; A misguided attempt to “defend trade secrets” :
"Along with 41 colleagues, I recently joined a letter submitted to the Committee opposing DTSA in which we tried to point out some of the ways in which putting this weapon in the hands of trade secret owners is likely to backfire, becoming a “strategic weapon” that will be used mostly for anti-competitive purposes that have nothing to do with preventing “cyber-espionage.” [A more detailed critique of the ex parte seizure provisions can be found in this article by Eric Goldman, one of the authors of the law professors’ letter]
It is often difficult, when considering intellectual property law, to see the downside of proposals meant to strengthen legal protection (while relatively easy to see the upside). Trade secret law has profound effects on employee mobility; the vast majority of trade secret litigation in this country involves employees moving from one company to another (and allegedly taking their former employer’s trade secrets with them). The DTSA will have little or no effect on Chinese government agents, but it is likely to have a deeper and much more lasting effect on the health of the labor market in this country, and not for the better."

Tuesday, April 21, 2015

Proposed Update to Copyright Rules Eases Barriers to Security Research; National Journal, 4/20/15

Kaveh Waddell, Comic Book Resources; Proposed Update to Copyright Rules Eases Barriers to Security Research:
"Researchers who hack into everything from thermostats to Facebook so they can identify and help patch security holes may get a little assistance from Congress.
Legislation proposed last week would change copyright law to make it easier for these security researchers—not malicious hackers—to find and expose software vulnerabilities without getting in trouble for it.
The 1998 Digital Millenium Copyright Act made it illegal to get around technology protections—that includes ripping DVDs, copying video games, and in some cases, even jailbreaking your own smartphone. One provision of the act offers exemptions for certain activities. Ostensibly, security research is one of those activities, but the way the law is set up makes it difficult to get exemptions for research, critics say...
The bill likely faces an uphill battle."