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."
Wednesday, December 29, 2010
[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
Tuesday, November 30, 2010
Why is the Department of Homeland Security shutting down popular rap sites?; Entertainment Weekly, 11/30/10
Simon Vozick-Levinson, Entertainment Weekly; Why is the Department of Homeland Security shutting down popular rap sites?:
"Last week, the U.S. Department of Homeland Security seized over 80 websites for alleged copyright and trademark violations. Caught up along with many sites alleged to be selling counterfeit clothing and other products were five entertainment websites, including the popular hip-hop blogs OnSmash.com and dajaz1.com."
http://music-mix.ew.com/2010/11/30/homeland-security-rap-blog/
"Last week, the U.S. Department of Homeland Security seized over 80 websites for alleged copyright and trademark violations. Caught up along with many sites alleged to be selling counterfeit clothing and other products were five entertainment websites, including the popular hip-hop blogs OnSmash.com and dajaz1.com."
http://music-mix.ew.com/2010/11/30/homeland-security-rap-blog/
Monday, November 29, 2010
Feds seize 82 domains accused of selling counterfeit goods; ArsTechnica.com, 11/29/10
Matthew Lasar, ArsTechnica.com; Feds seize 82 domains accused of selling counterfeit goods:
"The Department of Justice has obtained seizure orders against a slew of commercial websites accused of selling a wide variety of counterfeit commodities, including DVD box sets, music, software, sports equipment and handbags—82 sites all told."
http://arstechnica.com/web/news/2010/11/feds-seize-82-domains-selling-counterfeit-goods.ars
"The Department of Justice has obtained seizure orders against a slew of commercial websites accused of selling a wide variety of counterfeit commodities, including DVD box sets, music, software, sports equipment and handbags—82 sites all told."
http://arstechnica.com/web/news/2010/11/feds-seize-82-domains-selling-counterfeit-goods.ars
Supreme Court Won’t Hear RIAA File Sharing Case; Wired.com, 11/29/10
David Kravets, Wired.com; Supreme Court Won’t Hear RIAA File Sharing Case:
"The U.S. Supreme Court declined Monday to hear the first Recording Industry Association of America file sharing case to cross its desk, in a case that tested the so-called “innocent infringer” defense to copyright infringement."
http://www.wired.com/threatlevel/2010/11/innocent/
"The U.S. Supreme Court declined Monday to hear the first Recording Industry Association of America file sharing case to cross its desk, in a case that tested the so-called “innocent infringer” defense to copyright infringement."
http://www.wired.com/threatlevel/2010/11/innocent/
Saturday, November 27, 2010
U.S. Shuts Down Web Sites in Piracy Crackdown; New York Times, 11/27/10
Michael Sisario, New York Times; U.S. Shuts Down Web Sites in Piracy Crackdown:
"In announcing that operation, John T. Morton, the assistant secretary of ICE, and representatives of the Motion Picture Association of America called it a long-term effort against online piracy, and said that suspected criminals would be pursued anywhere in the world. “American business is under assault from counterfeiters and pirates every day, seven days a week,” Mr. Morton said. “Criminals are stealing American ideas and products and distributing them over the Internet.”"
http://www.nytimes.com/2010/11/27/technology/27torrent.html?_r=1&hpw
"In announcing that operation, John T. Morton, the assistant secretary of ICE, and representatives of the Motion Picture Association of America called it a long-term effort against online piracy, and said that suspected criminals would be pursued anywhere in the world. “American business is under assault from counterfeiters and pirates every day, seven days a week,” Mr. Morton said. “Criminals are stealing American ideas and products and distributing them over the Internet.”"
http://www.nytimes.com/2010/11/27/technology/27torrent.html?_r=1&hpw
U.S. seizes sites linked to copyright infringement; CNet News, 10/26/10
Steven Musil, CNet News; U.S. seizes sites linked to copyright infringement:
"The U.S. government has launched a major crackdown on online copyright infringement, seizing dozens of sites linked to illegal file sharing and counterfeit goods."
http://news.cnet.com/8301-1023_3-20023918-93.html
"The U.S. government has launched a major crackdown on online copyright infringement, seizing dozens of sites linked to illegal file sharing and counterfeit goods."
http://news.cnet.com/8301-1023_3-20023918-93.html
Friday, November 26, 2010
Murdoch wins two copyright actions; (London) Guardian, 11/25/10
Roy Greenslade, (London) Guardian; Murdoch wins two copyright actions:
http://www.guardian.co.uk/media/greenslade/2010/nov/25/rupert-murdoch-medialaw
http://www.guardian.co.uk/media/greenslade/2010/nov/25/rupert-murdoch-medialaw
Swedish Court Upholds Convictions in File-Sharing Case; New York Times, 11/26/10
New York Times via Associated Press; Swedish Court Upholds Convictions in File-Sharing Case:
"The Svea Appeals Court agreed with a lower court ruling that found the three men, Fredrik Neij, Peter Sunde and Carl Lundstrom, guilty of helping users of the site to break Sweden’s copyright law."
http://www.nytimes.com/2010/11/27/technology/27pirate.html?_r=1&hpw
"The Svea Appeals Court agreed with a lower court ruling that found the three men, Fredrik Neij, Peter Sunde and Carl Lundstrom, guilty of helping users of the site to break Sweden’s copyright law."
http://www.nytimes.com/2010/11/27/technology/27pirate.html?_r=1&hpw
Thursday, November 25, 2010
Can We Create a National Digital Library?; New York Review of Books, 10/28/10
Robert Darnton, New York Review of Books; Can We Create a National Digital Library?:
"The following talk was given at the opening of a conference at Harvard on October 1 to discuss the possibility of creating a National Digital Library.
The purpose of this meeting is to discuss a question of vital importance to the cultural life of our country: Can we create a National Digital Library? That is, a comprehensive library of digitized books that will be easily accessible to the general public. Simple as it sounds, the question is extraordinarily complex. It involves issues that concern the nature of the library to be built, the technological difficulties of designing it, the legal obstacles to getting it off the ground, the financial costs of constructing and maintaining it, and the political problems of mobilizing support for it."
http://www.nybooks.com/articles/archives/2010/oct/28/can-we-create-national-digital-library/
"The following talk was given at the opening of a conference at Harvard on October 1 to discuss the possibility of creating a National Digital Library.
The purpose of this meeting is to discuss a question of vital importance to the cultural life of our country: Can we create a National Digital Library? That is, a comprehensive library of digitized books that will be easily accessible to the general public. Simple as it sounds, the question is extraordinarily complex. It involves issues that concern the nature of the library to be built, the technological difficulties of designing it, the legal obstacles to getting it off the ground, the financial costs of constructing and maintaining it, and the political problems of mobilizing support for it."
http://www.nybooks.com/articles/archives/2010/oct/28/can-we-create-national-digital-library/
Nevada court hits copyright troll with Fair Use surprise; ArsTechnica.com, 11/24/10
Matthew Lasar, ArsTechnica.com; Nevada court hits copyright troll with Fair Use surprise:
"A Nevada judge has given copyright troll Righthaven until mid-December to explain why one of the law firm's targets wasn't exercising its right to Fair Use when it republished a newspaper article on its website."
http://arstechnica.com/web/news/2010/11/nevada-court-hits-righthaven-with-fair-use-surprise.ars
"A Nevada judge has given copyright troll Righthaven until mid-December to explain why one of the law firm's targets wasn't exercising its right to Fair Use when it republished a newspaper article on its website."
http://arstechnica.com/web/news/2010/11/nevada-court-hits-righthaven-with-fair-use-surprise.ars
Tuesday, November 23, 2010
What do we want copyright to do?; (London) Guardian, 11/23/10
Cory Doctorow, (London) Guardian; What do we want copyright to do?: Without posing this question, asking whether intellectual property laws are working is like asking how long is a piece of string:
"Copyright is in tremendous flux at the moment; governments all over the world are considering what their copyright systems should look like in the 21st century, and it's probably a good idea to nail down what we want copyright to do. Otherwise the question "Is copyright working?" becomes as meaningless as "How long is a piece of string?""
http://www.guardian.co.uk/technology/2010/nov/23/copyright-digital-rights-cory-doctorow
"Copyright is in tremendous flux at the moment; governments all over the world are considering what their copyright systems should look like in the 21st century, and it's probably a good idea to nail down what we want copyright to do. Otherwise the question "Is copyright working?" becomes as meaningless as "How long is a piece of string?""
http://www.guardian.co.uk/technology/2010/nov/23/copyright-digital-rights-cory-doctorow
French authors' body warns over Google-Hachette deal; (London) Guardian, 11/22/10
Benedicte Page, (London) Guardian; French authors' body warns over Google-Hachette deal: La Sociéte des Gens de Lettres de France advises writers to scrutinise contracts carefully in the wake of groundbreaking digitisation agreement:
"Last week's deal between Google and the publisher Hachette Livre should put authors on high alert, according to the French authors' body, La Société des Gens de Lettres de France (SGDLF). They have called today for authors to scrutinise contracts with "the highest degree of vigilance" in the light of the search engine's agreement over scanning works that are out of print."
http://www.guardian.co.uk/books/2010/nov/22/google-hachette-copyright
"Last week's deal between Google and the publisher Hachette Livre should put authors on high alert, according to the French authors' body, La Société des Gens de Lettres de France (SGDLF). They have called today for authors to scrutinise contracts with "the highest degree of vigilance" in the light of the search engine's agreement over scanning works that are out of print."
http://www.guardian.co.uk/books/2010/nov/22/google-hachette-copyright
French publishing giants cave in to Google's great copyright heist; (London) Guardian, 11/22/10
Robert McCrrum, (London) Guardian; French publishing giants cave in to Google's great copyright heist: With Hachette opening up its archives to Google, calls for a public digitisation project are getting more urgent than ever:
"Robert Darnton's response, in the same issue, is intriguing. No one, I think, has looked harder at this issue, or addressed it with such a fine sense of historical precedent and nuance. Basically, what Darnton now advocates is the incremental construction of a US digital library in which each separate copyright category (and there are several) would be accommodated by special agreements between interested parties. In stark contrast to the senior executives of Google who contrive to seem both arrogant and secretive, Darnton now says that "the Digital Public Library of America", a model for libraries the world over, should emerge from "a broad debate on a national scale" and that "the people themselves should have a voice in its design"."
http://www.guardian.co.uk/books/booksblog/2010/nov/22/hachette-google-digital-public-library
"Robert Darnton's response, in the same issue, is intriguing. No one, I think, has looked harder at this issue, or addressed it with such a fine sense of historical precedent and nuance. Basically, what Darnton now advocates is the incremental construction of a US digital library in which each separate copyright category (and there are several) would be accommodated by special agreements between interested parties. In stark contrast to the senior executives of Google who contrive to seem both arrogant and secretive, Darnton now says that "the Digital Public Library of America", a model for libraries the world over, should emerge from "a broad debate on a national scale" and that "the people themselves should have a voice in its design"."
http://www.guardian.co.uk/books/booksblog/2010/nov/22/hachette-google-digital-public-library
SAP Ordered to Pay Oracle $1.3 Billion; New York Times, 11/24/10
Verne G. Kopytoff, New York Times; SAP Ordered to Pay Oracle $1.3 Billion:
"A clash of technology titans and two of the most powerful executives in Silicon Valley ended on Tuesday with a $1.3 billion federal jury award against SAP for stealing software from Oracle to try to woo away customers.
The award, the largest ever for copyright infringement, comes as big technology companies, including Apple, Google and Motorola, have increasingly resorted to the courts to resolve patent and intellectual property disputes instead of quietly working out a deal."
http://www.nytimes.com/2010/11/24/business/24oracle.html?hp
"A clash of technology titans and two of the most powerful executives in Silicon Valley ended on Tuesday with a $1.3 billion federal jury award against SAP for stealing software from Oracle to try to woo away customers.
The award, the largest ever for copyright infringement, comes as big technology companies, including Apple, Google and Motorola, have increasingly resorted to the courts to resolve patent and intellectual property disputes instead of quietly working out a deal."
http://www.nytimes.com/2010/11/24/business/24oracle.html?hp
Saturday, November 20, 2010
Sarah Palin Book Excerpts Must Be Removed From Gawker, Judge Rules; HuffingtonPost.com, 11/20/10
Associated Press via HuffingtonPost.com; Sarah Palin Book Excerpts Must Be Removed From Gawker, Judge Rules:
http://www.huffingtonpost.com/2010/11/20/sarah-palin-book-excerpts-gawker-_n_786453.html
Sarah Palin Is Mad at Us for Leaking Pages From Her Book; Gawker, 11/18/10
Gawker; Sarah Palin Is Mad at Us for Leaking Pages From Her Book:
http://gawker.com/5693797/sarah-palin-is-mad-at-us-for-leaking-pages-from-her-book
http://gawker.com/5693797/sarah-palin-is-mad-at-us-for-leaking-pages-from-her-book
Palin's publisher sues Gawker over book excerpts; Associated Press, 11/20/10
Associated Press; Palin's publisher sues Gawker over book excerpts:
"The lawsuit asks that Gawker be banned from what it terms "further copyright infringement" and that Gawker deliver the source material to the publisher so it can be destroyed.
HarperCollins is also seeking financial damages."
http://www.google.com/hostednews/ap/article/ALeqM5gQrUWupgCs_sxMxtLJ32mfyioZ4A?docId=407b37d7ab4949f0bad1b6348cb6d9a6
"The lawsuit asks that Gawker be banned from what it terms "further copyright infringement" and that Gawker deliver the source material to the publisher so it can be destroyed.
HarperCollins is also seeking financial damages."
http://www.google.com/hostednews/ap/article/ALeqM5gQrUWupgCs_sxMxtLJ32mfyioZ4A?docId=407b37d7ab4949f0bad1b6348cb6d9a6
Global Copyright Reform: A View From The South In Response To Lessig; Intellectual Property Watch, 11/12/10
Ahmed Abdel Latif, Intellectual Property Watch; Global Copyright Reform: A View From The South In Response To Lessig:
"Global copyright reform is badly needed. It is ultimately up to WIPO member states to decide how to go about it. For the moment, hopes for ‘reform’ are embodied by the above mentioned proposals made by developing countries and they should be actively supported. Any future reform process of the global copyright system needs careful thinking and broad discussion about its objectives. Given that global copyright rules have acquired such a pervasive impact in many facets of our lives, their reform needs to take place through an open, inclusive and participatory consultation process where ‘all of us’ have a say."
http://www.ip-watch.org/weblog/2010/11/12/global-copyright-reform-a-view-from-the-south-in-response-to-lessig/
"Global copyright reform is badly needed. It is ultimately up to WIPO member states to decide how to go about it. For the moment, hopes for ‘reform’ are embodied by the above mentioned proposals made by developing countries and they should be actively supported. Any future reform process of the global copyright system needs careful thinking and broad discussion about its objectives. Given that global copyright rules have acquired such a pervasive impact in many facets of our lives, their reform needs to take place through an open, inclusive and participatory consultation process where ‘all of us’ have a say."
http://www.ip-watch.org/weblog/2010/11/12/global-copyright-reform-a-view-from-the-south-in-response-to-lessig/
Lessig Calls For WIPO To Lead Overhaul Of Copyright System; Intellectual Property Watch, 11/5/10
Kaitlin Mara, Intellectual Property Watch; Lessig Calls For WIPO To Lead Overhaul Of Copyright System:
"Influential copyright scholar Larry Lessig yesterday issued a call for the World Intellectual Property Organization to lead an overhaul of the copyright system which he says does not and never will make sense in the digital environment."
http://www.ip-watch.org/weblog/2010/11/05/lessig-calls-for-wipo-to-lead-overhaul-of-copyright-system/
"Influential copyright scholar Larry Lessig yesterday issued a call for the World Intellectual Property Organization to lead an overhaul of the copyright system which he says does not and never will make sense in the digital environment."
http://www.ip-watch.org/weblog/2010/11/05/lessig-calls-for-wipo-to-lead-overhaul-of-copyright-system/
WIPO Copyright Committee Agrees To Extra Time On Visually Impaired Access; Intellectual Property Watch, 11/15/10
Kaitlin Mara, Intellectual Property Watch; WIPO Copyright Committee Agrees To Extra Time On Visually Impaired Access:
"The World Intellectual Property Organization copyright committee has reached an eleventh-hour agreement on a work programme that could help ease access to reading materials for the visually impaired.
The compromise text, reached in negotiations that stretched past midnight on the last evening of the 8-12 November meeting of the WIPO Standing Committee on Copyright and Related Rights (SCCR), stipulates three extra working days for the next three meetings of the SCCR. These three working days will be dedicated to discussions on limitations and exceptions to copyright law."
http://www.ip-watch.org/weblog/2010/11/15/wipo-copyright-committee-agrees-to-extra-time-on-visually-impaired-access/
"The World Intellectual Property Organization copyright committee has reached an eleventh-hour agreement on a work programme that could help ease access to reading materials for the visually impaired.
The compromise text, reached in negotiations that stretched past midnight on the last evening of the 8-12 November meeting of the WIPO Standing Committee on Copyright and Related Rights (SCCR), stipulates three extra working days for the next three meetings of the SCCR. These three working days will be dedicated to discussions on limitations and exceptions to copyright law."
http://www.ip-watch.org/weblog/2010/11/15/wipo-copyright-committee-agrees-to-extra-time-on-visually-impaired-access/
WIPO Copyright Committee In Fight To Overcome Differences On Exceptions, Limitations; Intellectual Property Watch, 11/12/10
Kaitlin Mara, Intellectual Property Watch; WIPO Copyright Committee In Fight To Overcome Differences On Exceptions, Limitations:
"On the World Intellectual Property Organization committee on copyright’s final day of weeklong negotiations, the hopes of visually impaired readers and others – librarians, schools – looking for an agreement on copyright exceptions and limitations hang on whether delegates can resolve differences and create a plan for future work."
http://www.ip-watch.org/weblog/2010/11/12/wipo-copyright-committee-in-fight-to-overcome-differences-on-exceptions-limitations/
"On the World Intellectual Property Organization committee on copyright’s final day of weeklong negotiations, the hopes of visually impaired readers and others – librarians, schools – looking for an agreement on copyright exceptions and limitations hang on whether delegates can resolve differences and create a plan for future work."
http://www.ip-watch.org/weblog/2010/11/12/wipo-copyright-committee-in-fight-to-overcome-differences-on-exceptions-limitations/
Twain's private wish a copyright conundrum; Sydney Morning Herald, 11/11/10
George Croft and Natalie Hickey, Sydney Morning Herald; Twain's private wish a copyright conundrum:
"Enter another avenue for protection. In a nutshell, if, before the author's death, the work in question hasn't been published, performed, or broadcast, and records of the work haven't been offered for sale, then copyright will subsist for 70 years from the year in which the first of these events takes place.
So, the fact that Twain's autobiography has been under "lock and key" since it was written (under our scenario anyway) means that the clock would start running this year. And his estate would have another 70 years of protection."
http://www.smh.com.au/opinion/society-and-culture/twains-private-wish-a-copyright-conundrum-20101111-17ow9.html
"Enter another avenue for protection. In a nutshell, if, before the author's death, the work in question hasn't been published, performed, or broadcast, and records of the work haven't been offered for sale, then copyright will subsist for 70 years from the year in which the first of these events takes place.
So, the fact that Twain's autobiography has been under "lock and key" since it was written (under our scenario anyway) means that the clock would start running this year. And his estate would have another 70 years of protection."
http://www.smh.com.au/opinion/society-and-culture/twains-private-wish-a-copyright-conundrum-20101111-17ow9.html
Harry Potter studio to investigate Deathly Hallows leak; (London) Guardian, 11/18/10
Xan Brooks, (London) Guardian; Harry Potter studio to investigate Deathly Hallows leak: Warner Bros launches inquiry into how pirated footage from latest Harry Potter film appeared across download sites:
"An abridged version of Harry Potter and the Deathly Hallows: Part 1 has jumped the gun on the film's official release after leaking across download sites on Tuesday night. Warner Bros has launched an inquiry to discover the source of the 36 minutes of pirated footage."
http://www.guardian.co.uk/film/2010/nov/18/harry-potter-deathly-hallows-leak
"An abridged version of Harry Potter and the Deathly Hallows: Part 1 has jumped the gun on the film's official release after leaking across download sites on Tuesday night. Warner Bros has launched an inquiry to discover the source of the 36 minutes of pirated footage."
http://www.guardian.co.uk/film/2010/nov/18/harry-potter-deathly-hallows-leak
Senator: Web censorship bill a "bunker-busting cluster bomb"; ArsTechnica.com, 11/19/10
Nate Anderson, ArsTechnica.com; Senator: Web censorship bill a "bunker-busting cluster bomb":
"Ed Black, CEO of computing industry trade group CCIA, was testifying at the hearing, and he agreed that COICA was a "good example of what not to do in an important, complicated digital ecosystem."...
While the bill looks dead this year, the idea has met with thunderous applause from the movie and music industries, who are sure to back it next year."
http://arstechnica.com/tech-policy/news/2010/11/senator-web-censorship-bill-a-bunker-busting-cluster-bomb.ars
"Ed Black, CEO of computing industry trade group CCIA, was testifying at the hearing, and he agreed that COICA was a "good example of what not to do in an important, complicated digital ecosystem."...
While the bill looks dead this year, the idea has met with thunderous applause from the movie and music industries, who are sure to back it next year."
http://arstechnica.com/tech-policy/news/2010/11/senator-web-censorship-bill-a-bunker-busting-cluster-bomb.ars
Pirate-slaying censorship bill gets unanimous support; ArsTechnica.com, 11/19/10
Nate Anderson, ArsTechnica.com; Pirate-slaying censorship bill gets unanimous support:
"This morning, COICA unanimously passed the Senate Judiciary Committee.
"We are disappointed that the Senate Judiciary Committee this morning chose to disregard the concerns of public-interest groups, Internet engineers, Internet companies, human-rights groups and law professors in approving a bill that could do great harm to the public and to the Internet," said Public Knowledge president Gigi Sohn, who pledged to craft a "more narrowly tailored bill" next year to deal with "rogue websites.""
http://arstechnica.com/tech-policy/news/2010/11/pirate-slaying-censorship-bill-gets-unanimous-support.ars
"This morning, COICA unanimously passed the Senate Judiciary Committee.
"We are disappointed that the Senate Judiciary Committee this morning chose to disregard the concerns of public-interest groups, Internet engineers, Internet companies, human-rights groups and law professors in approving a bill that could do great harm to the public and to the Internet," said Public Knowledge president Gigi Sohn, who pledged to craft a "more narrowly tailored bill" next year to deal with "rogue websites.""
http://arstechnica.com/tech-policy/news/2010/11/pirate-slaying-censorship-bill-gets-unanimous-support.ars
Thursday, November 18, 2010
Panellists: Copyright Law’s ‘Byzantine Maze’ Stalling New Business Models; Intellectual Property Watch, 11/9/10
Kaitlin Mara, Intellectual Property Watch; Panellists: Copyright Law’s ‘Byzantine Maze’ Stalling New Business Models:
"While piracy remains an oft-cited problem for the creative content industry, it is the ‘Byzantine maze’ of copyright law that is stalling monetisation of new business models better designed to deliver content in the digital age, panellists at the World Intellectual Property Organization said last week."
http://www.ip-watch.org/weblog/2010/11/09/panellists-copyright-law%e2%80%99s-%e2%80%98byzantine-maze%e2%80%99-stalling-new-business-models/
"While piracy remains an oft-cited problem for the creative content industry, it is the ‘Byzantine maze’ of copyright law that is stalling monetisation of new business models better designed to deliver content in the digital age, panellists at the World Intellectual Property Organization said last week."
http://www.ip-watch.org/weblog/2010/11/09/panellists-copyright-law%e2%80%99s-%e2%80%98byzantine-maze%e2%80%99-stalling-new-business-models/
EXCLUSIVE: 'Superman' Lawsuit Delay Lifted; Depositions of Siegel and Shuster Families to Begin Immediately; Hollywood Reporter, 11/17/10
Matthew Belloni, Hollywood Reporter; EXCLUSIVE: 'Superman' Lawsuit Delay Lifted; Depositions of Siegel and Shuster Families to Begin Immediately:
"The Nov. 16 order is the latest in the cartoonishly nasty battle between Warners and the Superman heirs over rights to the lucrative character. After a judge ruled a few years back that the studio might lose certain copyrights associated with the Man of Steel, Warners sued Marc Toberoff, the attorney for the families, claiming he improperly convinced them to back out of deals and terminate their copyright assignments relating to Superman."
http://www.hollywoodreporter.com/blogs/thr-esq/superman-lawsuit-delay-lifted-depositions-46688
"The Nov. 16 order is the latest in the cartoonishly nasty battle between Warners and the Superman heirs over rights to the lucrative character. After a judge ruled a few years back that the studio might lose certain copyrights associated with the Man of Steel, Warners sued Marc Toberoff, the attorney for the families, claiming he improperly convinced them to back out of deals and terminate their copyright assignments relating to Superman."
http://www.hollywoodreporter.com/blogs/thr-esq/superman-lawsuit-delay-lifted-depositions-46688
Google Strikes Deal With French Publisher; New York Times, 11/18/10
Eric Pfanner and David Jolly, New York Times; Google Strikes Deal With French Publisher:
"Google said Wednesday that it had reached a deal with the publisher Hachette Livre, which has broken ranks with its French rivals and agreed to allow Google to scan thousands of out-of-print books for its digital library project."
http://www.nytimes.com/2010/11/18/business/global/18book.html
"Google said Wednesday that it had reached a deal with the publisher Hachette Livre, which has broken ranks with its French rivals and agreed to allow Google to scan thousands of out-of-print books for its digital library project."
http://www.nytimes.com/2010/11/18/business/global/18book.html
The Case Against COICA; Electronic Frontier Foundation, 11/16/10
Peter Eckersley, Electronic Frontier Foundation; The Case Against COICA:
"In September, digital rights advocates and Internet engineers helped to delay the Combatting Online Infringement and Counterfeits Act (COICA), a terrible bill that would have allowed the Attorney General to censor the Internet in the name of copyright enforcement. Now that the November elections are over, COICA is back on the Senate Judiciary Committee schedule for markup this Thursday and could pass out of committee during the "lame duck" session of Congress."
http://www.eff.org/deeplinks/2010/11/case-against-coica
"In September, digital rights advocates and Internet engineers helped to delay the Combatting Online Infringement and Counterfeits Act (COICA), a terrible bill that would have allowed the Attorney General to censor the Internet in the name of copyright enforcement. Now that the November elections are over, COICA is back on the Senate Judiciary Committee schedule for markup this Thursday and could pass out of committee during the "lame duck" session of Congress."
http://www.eff.org/deeplinks/2010/11/case-against-coica
Professors Publish Guide to Copyright Issues of Multimedia Projects; Wired Campus, 11/17/10
Paige Chapman, Wired Campus; Professors Publish Guide to Copyright Issues of Multimedia Projects:
"Students often create multimedia projects for classes that blend in clips from YouTube videos or hit songs, and many want to post their creations online for a wider audience. But does that violate copyright law?
It might, and many students fail to understand the legal risks. A new study, titled “Copying Right and Copying Wrong With Web 2.0 Tools in the Teacher Education and Communications Classrooms,” attempts to educate students about both the appropriate and inappropriate ways to use copyrighted materials that are available to mass audiences on the Internet."
http://chronicle.com/blogs/wiredcampus/professors-publish-guide-to-copyright-issues-of-multimedia-projects/28254
"Students often create multimedia projects for classes that blend in clips from YouTube videos or hit songs, and many want to post their creations online for a wider audience. But does that violate copyright law?
It might, and many students fail to understand the legal risks. A new study, titled “Copying Right and Copying Wrong With Web 2.0 Tools in the Teacher Education and Communications Classrooms,” attempts to educate students about both the appropriate and inappropriate ways to use copyrighted materials that are available to mass audiences on the Internet."
http://chronicle.com/blogs/wiredcampus/professors-publish-guide-to-copyright-issues-of-multimedia-projects/28254
Tuesday, November 16, 2010
Suit Accuses ‘South Park’ of Copyright Infringement; New York Times, 11/15/10
Dave Itzkoff, New York Times; Suit Accuses ‘South Park’ of Copyright Infringement:
"The producers of “South Park” are once again in trouble for using a Web video as source material for their comedy – this time, for parodying a viral video so closely that the video’s creators say the parody constitutes copyright infringement."
http://artsbeat.blogs.nytimes.com/2010/11/15/suit-accuses-south-park-of-copyright-infringement/?scp=1&sq=south%20park&st=cse
"The producers of “South Park” are once again in trouble for using a Web video as source material for their comedy – this time, for parodying a viral video so closely that the video’s creators say the parody constitutes copyright infringement."
http://artsbeat.blogs.nytimes.com/2010/11/15/suit-accuses-south-park-of-copyright-infringement/?scp=1&sq=south%20park&st=cse
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