Showing posts with label chilling effects. Show all posts
Showing posts with label chilling effects. Show all posts

Tuesday, October 24, 2023

Prominent journal editor fired for endorsing satirical article about Israel-Hamas conflict; Science, October 24, 2023

 SCIENCE NEWS STAFF, Science; Prominent journal editor fired for endorsing satirical article about Israel-Hamas conflict

"Michael Eisen, editor-in-chief of the prominent open access journal eLife and a longtime critic of traditional journals, says he is losing that job for publicly endorsing a satirical article that criticized people dying in Gaza for not condemning the recent attacks on Israel by the Palestinian group Hamas...

Eisen has previously been a frequent, feisty participant in debates about scientific publishing, doggedly supporting the development of free access to journal articles. In 2003, he co-founded the Public Library of Science (PLOS), whose journal PLOS ONE grew to become one of the largest open-access journals. Authors pay a fee so that their articles in PLOS journals are free to read when published. Eisen has criticized the paywalls still in place at many subscription journals as slowing the progress of science and the diffusion of useful findings. But critics of PLOS’s model have suggested author fees create an incentive for journals to maximize the number of papers published at the expense of adequate peer review and quality and can create barriers for authors with limited resources."

Tuesday, August 8, 2023

Academic Book About Emojis Can’t Include The Emojis It Talks About Because Of Copyright; Techdirt, August 4, 2023

, Techdirt ; Academic Book About Emojis Can’t Include The Emojis It Talks About Because Of Copyright

"Sounds interesting enough, but as Goldman highlights with an image from the book, Kiaer was apparently unable to actually show examples of many of the emoji she was discussing due to copyright fears. While companies like Twitter and Google have offered up their own emoji sets under open licenses, not all of them have, and some of the specifics about the variations in how different companies represent different emoji apparently were key to the book...

Now, my first reaction to this is that using the emoji and stickers and whatnot in the book seems like a very clear fair use situation. But… that requires a publisher willing to take up the fight (and an insurance company behind the publisher willing to finance that fight). And, that often doesn’t happen. Publishers are notoriously averse to supporting fair use, because they don’t want to get sued.

But, really, this just ends up highlighting (once again) the absolute ridiculousness of copyright in the modern world. No one in their right mind would think that a book about emoji is somehow harming the market for whatever emoji or stickers the professor wished to include. Yet, due to the nature of copyright, here we are. With an academic book about emoji that can’t even include the emoji being spoken about."

Tuesday, July 21, 2020

Reforming Digital Lending Libraries and the End of the Internet Archive; Jurist, July 20, 2020

, Jurist; Reforming Digital Lending Libraries and the End of the Internet Archive

"The lack of certainty relating to the legality of CDL as fair use is hampering its growth by creating a chilling effect. Libraries are under the fear of costly litigations. IA itself is under the risk of bankruptcy, as the publishers are not inclined to take back their suit, even after IA stopped ELP. This is the very problem section 108 intended to resolve. Hence, it is pertinent that the section is amended to meet the needs of the digital age and provide certainty in this regard. Some countries have already moved in this direction. While Canada has permitted a limited right to provide digitized copies to patrons of other libraries, the EU has been considering proposals to allow digitization of cultural heritage institutions, including libraries."

Wednesday, January 29, 2020

YouTube reversed my bogus copyright strike after I threatened to write this; Mashable, January 28, 2020

Matt Binder, Mashable; YouTube reversed my bogus copyright strike after I threatened to write this

"“Your case is the most extreme I’ve heard about. Congratulations,” Electronic Frontier Foundation Manager of Policy and Activism, Katharine Trendacosta, said to me in a phone conversation on the issue. “This is the first time I've heard about this happening to something that didn't contain anything. And I have heard a lot of really intense stories about what's happening on YouTube.”...

“Your case is a really extreme example of a fairly common situation in which these major companies send DMCA takedown on a very broad basis,” she explained. “YouTube is far more afraid of being sued by Warner Bros. than being sued by you, so you end up with them being much more cautious and doing things like just allowing DMCA strikes on anything.”

So, what can be done? Apparently, not much."

Wednesday, April 3, 2019

‘Blurred Lines’ on Their Minds, Songwriters Create Nervously; The New York Times, March 31, 2019

Ben Sisario, The New York Times; ‘Blurred Lines’ on Their Minds, Songwriters Create Nervously

"“There’s no question in my mind that there has been a chilling effect,” Ms. Lepera said. “People have thrown a lot of weight behind this — more weight than it deserves. Defendants may be more inclined not to put up a fight.”

And for songwriters, the impact is still often felt when thoughts about the courtroom intrude in the studio.

“I’m not going to stop writing songs,” said Busbee, who has written hits for Keith Urban and Lady Antebellum. “But it puts a massive damper on the process, if you’re concerned that you will be sued.”"

Friday, November 16, 2018

If Mozart and Beethoven Were Alive Today, Would they Be Guilty of Copyright Infringement?; Above The Law, November 15, 2018

Krista L. Cox, Above The Law; If Mozart and Beethoven Were Alive Today, Would they Be Guilty of Copyright Infringement?

"A rise in copyright infringement cases in music, particularly over short snippets of an overall song or the general “feel” of the piece, could restrict the creation of new music. It’s a shame given the long history of “borrowing” in the music industry. Indeed, classical composers frequently copied others, creating variations of older works and creating new interpretations. For example, Mozart borrowed from Haydn; Beethoven borrowed from Mozart; Schubert, Mendelssohn, and Brahms, in turn, all borrowed from Beethoven; Mahler borrowed from Brahms; and the list goes on and on. While some may argue that we don’t need six nearly identical country music songs (though I do personally love country!), imagine instead if the chilling effect applied to some of the greatest classical composers in history and the loss of their great music."

Friday, August 19, 2016

Stand Up for Open Access. Stand Up for Diego.; Electronic Frontier Foundation (EFF), 8/9/16

Ana Acosta and Elliot Harmon, Electronic Frontier Foundation (EFF); Stand Up for Open Access. Stand Up for Diego. :
"The movement for open access is not new, but it seems to be accelerating. Even since we started following Diego’s case in 2014, many parts of the scientific community have begun to fully embrace open access publishing. Dozens of universities have adopted open access policies requiring that university research be made open, either through publishing in open access journals or by archiving papers in institutional repositories. This year’s groundbreaking discovery on gravitational waves—certainly one of the most important scientific discoveries of the decade—was published in an open access journal under a Creative Commons license. Here in the U.S., it’s becoming more and more clear that an open access mandate for federally funded research will be written into law; it’s just a matter of when. The tide is changing, and open access will win.
But for researchers like Diego who face prison time right now, the movement is not accelerating quickly enough. Open access could have saved Diego from the risk of spending years in prison.
Many people reading this remember the tragic story of Aaron Swartz. When Aaron died, he was facing severe penalties for accessing millions of articles via MIT’s computer network without "authorization." Diego’s case differs from Aaron’s in a lot of ways, but in one important way, they’re exactly the same: if all academic research were published openly, neither of them would have been in trouble for anything.
When laws punish intellectual curiosity and scientific research, everyone suffers; not just researchers, but also the people and species who would benefit from their research. Copyright law is supposed to foster innovation, not squash it."

Friday, May 20, 2016

Oracle-Google Dispute Goes to Heart of Open-Source Software; New York Times, 5/19/16

Quentin Hardy, New York Times; Oracle-Google Dispute Goes to Heart of Open-Source Software:
"With jury deliberations expected to start next week, whether it makes sense to nontechies that Google, as Mr. Page contends, engaged in “established industry practice” and not old-fashioned copyright infringement could have a significant impact on how the technology industry creates new products.
The copyrights that are crucial to the trial are related to open-source software, which is created and shared for general use. Open-source technology is at the heart of many current innovations, from Google’s Android to the hardware going into giant cloud-computing data centers.
“The open-source community will heave a huge sigh of relief if Google wins, and will be very worried if Oracle wins,” said Pamela Samuelson, professor of law at the University of California, Berkeley. “It will have a chilling effect.”"

Saturday, May 14, 2016

California's Legislature Wants to Copyright All Government Works; Electronic Frontier Foundation (EFF), 5/13/16

Ernesto Falcon, Electronic Frontier Foundation (EFF); California's Legislature Wants to Copyright All Government Works:
"AB 2880 will give state and local governments dramatic powers to chill speech, stifle open government, and harm the public domain.
The California Assembly Committee on Judiciary recently approved a bill (AB 2880) to grant local and state governments' copyright authority along with other intellectual property rights. At its core, the bill grants state and local government the authority to create, hold, and exert copyrights, including in materials created by the government. For background, the federal Copyright Act prohibits the federal government from claiming copyright in the materials it creates, but is silent on state governments. As a result, states have taken various approaches to copyright law with some granting themselves vast powers and others (such as California) forgoing virtually all copyright authority at least until now.
EFF strongly opposes the bill. Such a broad grant of copyright authority to state and local governments will chill speech, stifle open government, and harm the public domain. It is our hope that the state legislature will scuttle this approach and refrain from covering all taxpayer funded works under a government copyright."