At Panel on Google Book Settlement, Support, Criticism, Contentiousness, Library Journal, 1/29/09

Via Library Journal: At Panel on Google Book Settlement, Support, Criticism, Contentiousness:

• "Pricing issues unresolved
• Is public library access “product placement”?
• Will city managers think Google is a library?
  
  In a lively, sometimes contentious discussion Saturday at the American Library Association (ALA) Midwinter Meeting in Denver, Dan Clancy, engineering director for the Google Book Search Project, diligently explicated the proposed settlement with publishers and authors over books scanned from libraries, but was unable to answer some pressing questions from librarians, noting that the settlement itself remains unresolved."

http://www.libraryjournal.com/article/CA6633319.html

MIT's Management School Shares Teaching Materials Online, The Wired Campus, 1/26/09

Via The Wired Campus, The Chronicle of Higher Education: MIT's Management School Shares Teaching Materials Online:

"What distinguishes the new site, according to JoAnne Yates, deputy dean for programs, is that whereas OpenCourseWare allows visitors to browse a linear series of resources and notes for a specific course, the management-school’s site allows them to search for specific “teaching artifacts”—e.g., case studies or simulation models—that might be applied to any number of courses. Those artifacts will be searchable by concept or business problem, like sustainability."

http://chronicle.com/wiredcampus/index.php?id=3574&utm_source=wc&utm_medium=en

RIAA pulls out of John Doe cases involving college students, Ars Technica, 1/19/09

Via Ars Technica, RIAA pulls out of John Doe cases involving college students:

"With these and other cases being wrapped up, there are only a couple of high-profile remnants of the industry's war against P2P users left on the agenda. One is the scheduled retrial of Jammie Thomas later this year; the other is the case against Joel Tenenbaum, who is being represented by Harvard Law School professor Charles Nesson and a host of students. The RIAA feels confident about the evidence it has in the Thomas case and its chances for a victory in a second trial, but whether it has the stomach to actually go through with it remains to be seen. The Tenenbaum case is shaping up to be another PR nightmare with the RIAA, as Nesson recently convinced the presiding judge to stream the court proceedings online, a decision the RIAA is anxious to see overturned."

http://arstechnica.com/news.ars/post/20090119-riaa-pulls-out-of-john-doe-cases-involving-college-students.html

Google Book Settlement Link Dump Awesomeness, 11/25/08

[Links to lots of information about the Google Book Search Settlement] Via "Google Book Settlement Link Dump Awesomeness":

http://pureinformation.org/archives/2008/11/25/google-book-settlement-link-dump-awesomeness/

From Siva Vaidhyanathan "My initial take on the Google-publishers settlement", Siva Vaidhyanathan's Blog, The Googlization of Everything, 10/28/08

From Siva Vaidhyanathan, Via Siva Vaidhyanathan's Blog, The Googlization of Everything: "My initial take on the Google-publishers settlement":

"My major criticisms of Google Book Seach have always concerned the actions of the university libraries that have participated in this program rather than Google itself. Companies should always do what is best for them. But the university libraries have a different, much higher mission. And they have clear ethical obligations. So I now turn to them.

From the beginning, this has seemed to be a major example of corporate welfare. Libraries at public universities all over this country (including the one that employs me) have spent many billions of dollars collecting these books. Now they are just giving away access to one company that is cornering the market on on-line access. They did this without concern for user confidentiality, preservation, image quality, search prowess, metadata standards, or long-term sustainability...

At the core of this settlement is this fact that university libraries much confront: For the first time, elements of library collections will be offered for sale in widespread manner via a private contractor. Perhaps this is only a shift of degree. Perhaps it is a major mission shift. It's worth a good argument, no?

Ultimately, I have to ask: Is this really the best possible system for the universal spread of knowledge? I think we can do better. Watch this space to see how."

http://www.googlizationofeverything.com/2008/10/my_initial_take_on_the_googlep.php

RI judge hears arguments in music downloading case, Sydney Morning Herald, 1/7/09

Via Sydney Morning Herald: RI judge hears arguments in music downloading case:

"A Rhode Island couple whose son is accused of illegally sharing songs online should not be forced to surrender their home computer for inspection because it would violate their right to privacy, their lawyer argued at a federal court hearing Tuesday...

Record company lawyers believe Tenenbaum downloaded the songs on his parents' computer in Providence and urged a federal magistrate on Tuesday for permission to copy the machine's hard drive for proof of copyright infringement...

But Charles Nesson, a Harvard Law School professor representing Arthur and Judie Tenenbaum and their son, said the computer contains information protected by attorney-client privilege and holds other sensitive and personal material that has nothing to do with the case."

http://news.smh.com.au/technology/ri-judge-hears-arguments-in-music-downloading-case-20090108-7c3z.html

Many happy returns for Warner Music, The Guardian, 1/6/09

Via The Guardian: Many happy returns for Warner Music:

"Despite everyone's carefree joy in singing Happy Birthday to You, this simple song puts you in legal jeopardy every time it exits your mouth. A considerable amount of money flows to the corporation that owns the copyright. But ... maybe that company doesn't own the copyright, and maybe you are in no legal peril. Professor Robert Brauneis, of George Washington University law school, took a professional, long, deep look into these questions. This Happy Birthday matter, it turns out, is a murky mess.

Brauneis published a 69-page disquisition called Copyright and the World's Most Popular Song. Before plunging into the legal history, evidence and arguments, he examined the history...

...Brauneis reckons that the copyright probably expired, for various reasons, decades ago. Nevertheless, nominal ownership passed to a succession of individuals and then companies, which did and do aggressively collect fees.

The story comes with plenty of evidentiary paperwork and audio recordings. These include: filings in four federal court cases in the 1930s and 1940s; litigation filings over the management of a trust that was created to receive royalties; unpublished papers of and about Patty and Mildred Hill; probate court records in Louisville, Kentucky, and in Chicago; and records from the US Copyright Office.

Brauneis has put more than 100 items online at http://tinyurl.com/6p3ygk for you to peruse and sing along with."

http://www.guardian.co.uk/education/2009/jan/06/improbable-research-warner-music-copyright

Want to Copy iTunes Music? Go Ahead, Apple Says, New York Times, 1/7/09

Via New York Times: Want to Copy iTunes Music? Go Ahead, Apple Says:

"The music companies are hoping that their eagerly awaited compromise with Apple will give a lift to digital downloads. They will be able to make more money on their best-selling songs and increase the appeal of older ones.

And with the copying restrictions removed, people will be able to freely shift the songs they buy on iTunes among computers, phones and other digital devices.

Technologically sophisticated fans of digital music complain that D.R.M. imposes unfair restrictions on what they can do with the tracks they have bought. For example, the protected files from iTunes do not work on portable players made by companies other than Apple.

“I think the writing was on the wall, both for Apple and the labels, that basically consumers were not going to put up with D.R.M. anymore,” said Tim Bajarin, an analyst with Creative Strategies, a market research company."

http://www.nytimes.com/2009/01/07/technology/companies/07apple.html?scp=1&sq=copy%20itunes%20song%20go%20ahead&st=cse

When Labels Fought the Digital, and the Digital Won, New York Times, 1/7/09

Book Review of "Appetite for Self-Destruction: The Spectacular Crash of the Record Industry in the Digital Age" by Steve Knopper, Via New York Times: When Labels Fought the Digital, and the Digital Won:

"Mr. Knopper, a contributing editor at Rolling Stone, provides a wide-angled, morally complicated view of the current state of the music business. He doesn’t let those rippers and burners among us — that is, those who download digital songs without paying for them, and you know who you are — entirely off the hook. But he suggests that with even a little foresight, record companies could have adapted to the Internet’s brutish and quizzical new realities and thrived...

It’s too bad his interesting arguments and observations are wedged into such an uningratiating book. The prose in “Appetite for Self-Destruction” is undercooked, packed with clichés (the stakes are always high, people constantly take the fall, one-two punches are thrown) and awkward descriptions...

What’s more, Mr. Knopper apparently did not get access to many of the major players in this tale, including Mr. Jobs. His account rehashes material covered in earlier, better books, including “Hit Men” by Fredric Dannen and “The Perfect Thing” by Steven Levy."

http://www.nytimes.com/2009/01/07/books/07garn.html?_r=1&scp=1&sq=when%20labels%20fough%20digital&st=cse

iTunes Music Store Finally Ditches DRM, Adds New Prices, Wired.com, 1/6/09

Via Wired.com: iTunes Music Store Finally Ditches DRM, Adds New Prices:

"After years of fits, starts, threats and ultimatums, Steve Jobs and three major labels have come to terms on a deal: Music will be available immediately on iTunes without DRM restrictions. Free of the limitations that currently restrict music playback to Apple products, the new plan will let consumers choose from three price levels instead of the 99-cent song model the store implemented on day one."

http://blog.wired.com/business/2009/01/apple-promises.html

Google Hopes to Open a Trove of Little-Seen Books, New York Times, 1/5/09

Via New York Times: Google Hopes to Open a Trove of Little-Seen Books:

"Some scholars worry that Google users are more likely to search for narrow information than to read at length. “I have to say that I think pedagogically and in terms of the advancement of scholarship, I have a concern that people will be encouraged to use books in this very fragmentary way,” said Alice Prochaska, university librarian at Yale.

Others said they thought readers would continue to appreciate long texts and that Google’s book search would simply help readers find them.

“There is no short way to appreciate Jane Austen, and I hope I’m right about that,” said Paul Courant, university librarian at the University of Michigan. “But a lot of reading is going to happen on screens. One of the important things about this settlement is that it brings the literature of the 20th century back into a form that the students of the 21st century will be able to find it.”

Google’s book search has already entered the popular culture, in the film version of “Twilight,” based on the novel by Stephenie Meyer about a teenage girl who falls in love with a vampire. Bella, one of the main characters, uses Google to find information about a local American Indian tribe. When the search leads her to a book, what does she do?

She goes to a bookstore and buys it."

http://www.nytimes.com/2009/01/05/technology/internet/05google.html?_r=1&scp=2&sq=google&st=cse

Changing Tack, RIAA Ditches MediaSentry, Wall Street Journal, 1/5/09

Via Wall Street Journal: Changing Tack, RIAA Ditches MediaSentry:

"In another sign of the music industry's recently announced retreat from a five-year-old antipiracy strategy, the Recording Industry Association of America has dumped the company it used to help it gather evidence for mass lawsuits it filed against people it claimed were illegally uploading copyrighted music...

Ray Beckerman, a New York lawyer who maintains the Recording Industry vs. the People blog and who has represented more than a dozen clients fighting the RIAA, said he considered the decision to drop MediaSentry a "victory" for his clients...

Mr. Beckerman cites MediaSentry's practice of looking for available songs in people's file-sharing folders, downloading them, and using those downloads in court as evidence of copyright violations. He says MediaSentry couldn't prove defendants had shared their files with anyone other than MediaSentry investigators."

http://online.wsj.com/article/SB123109364085551895.html

Life after death: The London Times, 1/3/09

Via The London Times: Life after death, As a new dramatisation of Anne Frank’s diary is about to be shown, Garry Jenkins looks at the ways in which this remarkable Dutch girl’s legacy has extended far beyond her words, to charities and good causes around the world:

"Copyright in the diary [of Anne Frank] expires at the end of the year 2015. From then on, with publishers free to produce and edit the diary without paying for the rights, the foundation’s main income stream could run dry. “I’m afraid that our income may well be less when the rights run out. But we hope that publishers will give us some money so that we can continue our charitable work,” Elias says.

Elias’s greatest fear is that Anne’s legacy might suffer the fate it has already undergone in Spain, where a musical of her life has been playing in Madrid. “I absolutely hate it,” says Elias, who was powerless to stop it because the work didn’t draw on any of the writings in the diary. “I don’t think the story of Anne Frank and the Holocaust is something about which you can make a funny evening with laughter and dance. But as soon as the rights run out, I’m afraid more musicals will be written and composed.”"

http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/tv_and_radio/article5388500.ece

Senior figures call for Obama to name chief technology officer, The Guardian, 1/2/09

Via The Guardian: Senior figures call for Obama to name chief technology officer:

"The role of CTO remains one of the last senior posts unaddressed by Obama's transition team, despite announcements about the candidates for high-profile roles in science, energy and communications. Indeed, it is not even clear at the moment whether it will be a cabinet-level position or an advisory role.

According to the ObamaCTO.org website – which lets people vote on the topics they think Obama's technology team should look at first – the topics a successor should address include internet access, privacy and online copyright. Among the site's most popular demands are a repeal of the Patriot Act of 2001 and the Digital Millennium Copyright Act."

http://www.guardian.co.uk/technology/2009/jan/02/obama-technology-cerf

Judge Denies MGA’s Request on Bratz Dolls, New York Times, 1/1/09

Via New York Times: Judge Denies MGA’s Request on Bratz Dolls:

"MGA Entertainment lost a bid to extend a freeze on a court-ordered ban on manufacturing and selling the Bratz dolls while it appeals a jury verdict that the toys infringed on copyrights held by Mattel...

Judge Larson ruled on Dec. 3 that MGA may no longer make most of the Bratz dolls that have contributed to a drop in Mattel’s Barbie sales since they were first brought on the market in 2001. A jury earlier found that a Mattel designer had come up with the Bratz name and characters and secretly had taken the idea to MGA."

http://www.nytimes.com/2009/01/01/business/01bizbriefs-JUDGEDENIESM_BRF.html?scp=2&sq=bratz&st=cse

Chinese Court Convicts 11 in Microsoft Piracy Case, New York Times, 1/1/09

Via New York Times: Chinese Court Convicts 11 in Microsoft Piracy Case:

"A court in southern China convicted 11 people on Wednesday of violating national copyright laws and participating in a sophisticated counterfeiting ring that for years manufactured and distributed pirated Microsoft software throughout the world...

Some legal specialists consider the case to be a landmark because it involved a joint antipiracy effort by the Federal Bureau of Investigation and the Chinese Ministry of Public Security. Law enforcement officials said it was also notable because the group operated like a multinational corporation, producing and distributing high-quality counterfeit software that was created and packaged almost identically to the real products, despite Microsoft’s antipiracy measures...

American politicians and corporate executives have been pressing China for years to crack down on piracy and intellectual property rights abuses that included music, film and expensive software products. Software piracy is rampant in China, where about 80 percent of computers are believed to use counterfeit software, according to the Business Software Alliance."

http://www.nytimes.com/2009/01/01/business/worldbusiness/01soft.html?_r=1&scp=1&sq=piracy%20china&st=cse

Tough sentences in China over huge piracy ring: Microsoft, Sydney Morning Herald, 1/1/09

Via Sydney Morning Herald: Tough sentences in China over huge piracy ring: Microsoft:

"The sentences were the "stiffest ever meted out for intellectual property rights violations in China," said a report on the verdicts by the popular Chinese Internet portal Sina.com...

Washington filed a case in April 2007 at the World Trade Organisation over widespread copyright piracy in China, a practice that US companies say deprives them of billions of US dollars in sales each year.

In November, China's assistant commerce minister Chong Quan told US industry and government officials at a gathering in Beijing that Washington must take into account its difficulties as a developing country in tackling copyright breaches.

But China also has recently touted tougher anti-piracy laws as evidence of its resolve to crush such violations."

http://news.smh.com.au/world/tough-sentences-in-china-over-huge-piracy-ring-microsoft-20090101-78dk.html

UK Copyright Expiration On Popeye May Be A Test For Mickey Mouse, TechDirt.com, 12/31/08

Via TechDirt.com: UK Copyright Expiration On Popeye May Be A Test For Mickey Mouse:

"And... the reality is that not very much different might happen.

That's because even though the copyright on the character has fallen into the public domain, the trademark remains -- and the current holder of the Popeye trademark in the UK, King Features (owned by Hearst), is expected to "protect its brand aggressively." That means people will still be quite limited in how they can use Popeye. If King Features is able to successfully use trademark law to keep Popeye under control, perhaps Disney won't go quite so crazy trying to extend the copyright on Mickey Mouse again... Either way, this little "experiment" will be worth watching."

http://techdirt.com/articles/20081231/1202033265.shtml

Creative Commons flourishing despite rough economy, Ars Technica, 12/31/08

Via Ars Technica: Creative Commons flourishing despite rough economy:

"Creative Commons is a non-profit organization that was founded in 2001 by legal scholar Lawrence Lessig to encourage copyright reform and provide a legally-sound licensing framework for works that could be freely redistributed. The licenses and file metadata scheme devised by Creative Commons are increasingly popular and have been adopted by a diverse group of artists and writers ranging from the music group Nine Inch Nails to science fiction novelist Charles Stross. In the years since it was founded, Creative Commons has expanded its focus to encompass similar efforts, including a Science Commons project and an open learning initiative.

Lessig stepped down as CEO of the organization earlier this year when he announced plans to shift his focus towards broader political issues. He was replaced by Joi Ito, a Japanese entrepreneur who has close ties with silicon valley startups. "

http://arstechnica.com/news.ars/post/20081231-creative-commons-flourishing-despite-rough-economy.html

Can links kill?, Guardian, 12/30/08

The Guardian: Can links kill?, Linking to online content is the essence of the web. But for newspapers, when does it cross the line to stealing content?:

"The future of online journalism may depend on the outcome of a legal battle between two financially ailing media giants [The New York Times Company and GateHouse Media]...

GateHouse has sued the Times Company for copyright infringement and related charges, claiming that the Your Town sites are an attempt to steal the content of GateHouse's Wicked Local websites for the Times's own commercial gain.

It's easy to take the Times's side in this battle. Linking, after all, is the essence of the web. Some of the smartest people in media are pushing news executives to look beyond their own walls and link to outside content, whether through blogging or something more comprehensive...

But wait. There's another side here, and it deserves to be carefully pondered rather than mockingly dismissed.

Seen from GateHouse's point of view, a Your Town site – for instance this one covering the town of Needham – links not just to a few stories, but scoops up every item of interest from GateHouse's Needham Times, making it unnecessary for anyone to visit the Wicked Local Needham homepage...

GateHouse managers have a right to complain, and to take retaliatory action. (In its legal complaint (pdf), the company says it failed in an attempt to make it technologically impossible for the Globe to link to its stories. But there are other steps it could consider.)...

Legitimate linking practices could come under unwarranted legal scrutiny as well...

The case – GateHouse Media v New York Times Company – is scheduled to go to trial on January 5 in US District Court. (Judge William Young has already rejected GateHouse's request for a temporary restraining order.)"

http://www.guardian.co.uk/commentisfree/cifamerica/2008/dec/30/new-york-times-gatehouse-lawsuit

Judge Delays Ruling on Blocking Release of ‘Watchmen’ Film, New York Times, 12/30/08

Via New York Times: Judge Delays Ruling on Blocking Release of ‘Watchmen’ Film:

"Hollywood ownership fights are not rare, but a dispute over a film that has already been shot and is on the verge of being released is highly unusual. Warner released a statement saying, “We respectfully but vigorously disagree with the court’s ruling and are exploring all of our appellate options.”

The film has been eagerly awaited since last year, when the director Zack Snyder, best known for “300,” announced that he planned a movie based on the widely known graphic novel “Watchmen.”

But the film became embroiled in an extraordinary dispute between studios last winter, when Fox filed suit, claiming that it owned the property on which the movie was based. As the case progressed, fingers pointed from all sides at Lawrence Gordon, the veteran producer who brought the film to Warner after failed attempts over the years to make it with Fox, Universal Pictures and then Paramount...

Judge Feess then weighed in with an unusual reprimand. In a footnote to his order indicating that he would rule in favor of Fox, the judge said Mr. Gordon’s decision to invoke attorney-client privilege rather than testify about his contractual arrangements had helped Fox.

“The court takes a dim view of this conduct,” Judge Feess wrote. “The court will not, during the remainder of this case, receive any evidence from Gordon that attempts to contradict any aspect of this court’s ruling on the copyright issues under discussion.”

http://www.nytimes.com/2008/12/30/business/media/30watchmen.html?_r=1&scp=1&sq=watchmen&st=cse

With Flickr Layoffs, Whither 'The Commons'?, Wired.com, 12/30/08

Via Wired.com: With Flickr Layoffs, Whither 'The Commons'?:

"In mid-December, when Yahoo laid off George Oates, one of the original employees of the photo-sharing website Flickr, Oates immediately feared for The Commons, Flickr's project to have its millions of members turn their distributed intelligence to the world's photo archives.

Though less than a year old, The Commons hosts tens of thousands of copyright-free historical photos from 17 cultural institutions including the Library of Congress and the New York Public Library."

http://blog.wired.com/business/2008/12/with-layoffs-wh.html

Why Fox is licking its lips over Watchmen, The Guardian, 12/30/08

Via The Guardian: Why Fox is licking its lips over Watchmen, A Christmas Eve ruling on the disputed rights to Alan Moore's graphic novel has left Warner forlorn and the film's release date up in the air:

"After four months of deliberation, Judge Feess decided that 20th Century Fox "owns a copyright interest consisting of, at the very least, the right to distribute the Watchmen motion picture"...

This is Feess's preliminary judgment, prior to a full trial, and now it's left to the two studios to thrash out an agreement, or take further legal action. If Warner Bros (and Paramount, who will be handling the film outside the US) appeals, the film could conceivably not emerge until 2011...

It seems as though Warner Brothers made an unfortunate hit on the one-tenth part of the old adage about possession and the law, and now it is paying the price for its gamesmanship."

http://www.guardian.co.uk/film/filmblog/2008/dec/30/watchmen-rights-ruling

Popeye the Sailor copyright free [in UK] 70 years after Elzie Segar's death, London Times, 12/30/08

Via London Times: Popeye the Sailor copyright free [in UK] 70 years after Elzie Segar's death:

"From January 1, the iconic sailor falls into the public domain in Britain under an EU law that restricts the rights of authors to 70 years after their death. Elzie Segar, the Illinois artist who created Popeye, his love interest Olive Oyl and nemesis Bluto, died in 1938.

The Popeye industry stretches from books, toys and action figures to computer games, a fast-food chain and the inevitable canned spinach.

The copyright expiry means that, from Thursday, anyone can print and sell Popeye posters, T-shirts and even create new comic strips, without the need for authorisation or to make royalty payments...

The question of whether any enterprising food company can now attach Popeye's famous face to their spinach cans will have to be tested in court.

While the copyright is about to expire inside the EU, the character is protected in the US until 2024. US law protects a work for 95 years after its initial copyright.

The Popeye trademark, a separate entity to Segar's authorial copyright, is owned by King Features, a subsidiary of the Hearst Corporation — the US entertainment giant — which is expected to protect its brand aggressively.

Mark Owen, an intellectual property specialist at the law firm Harbottle & Lewis, said: “The Segar drawings are out of copyright, so anyone could put those on T-shirts, posters and cards and create a thriving business. If you sold a Popeye toy or Popeye spinach can, you could be infringing the trademark.”

Mr Owen added: “Popeye is one of the first of the famous 20th-century cartoon characters to fall out of copyright. Betty Boop and ultimately Mickey Mouse will follow.”

Segar's premature death, aged 43, means that Popeye is an early test case for cartoon characters. The earliest Mickey Mouse cartoons will not fall into the US public domain until at least 2023 after the Disney corporation successfully lobbied Congress for a copyright extension."

http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/tv_and_radio/kids_tv/article5415854.ece

Music firms want royalties from hotels and prisons, London Times, 12/28/08

Via London Times: Music firms want royalties from hotels and prisons, Recording industry to fight Ireland’s copyright exemption in court as sales decline:

"MUSIC corporations are taking the [Irish] government to court for giving hotels and prisons an exemption from royalties when they pipe songs into bedrooms and cells.

The case is a further sign of record companies’ determination to open up new revenue streams as profits from CD sales decline sharply due to internet downloads. "

http://www.timesonline.co.uk/tol/news/world/ireland/article5404364.ece

Trial transcript of Capitol Records v. Jammie Thomas now available online, Ray Beckerman's Recording Industry vs. The People Blog, 12/28/08

Via Ray Beckerman's Recording Industry vs. The People Blog: Trial transcript of Capitol Records v. Jammie Thomas now available online:

"We are pleased to announce that the complete transcript of the Duluth, Minnesota, jury trial, which took place October 2, 2007, to October 4, 2007, in Capitol Records v. Thomas, is now available online:

Transcript, October 2, 2007, pp. 1-278

Transcript, October 3, 2007, pp. 280-543

Transcript, October 4, 2007, pp. 544-643"

http://recordingindustryvspeople.blogspot.com/2008_12_01_archive.html#259200380767823862

RIAA appeal in Jammie Thomas case refused, Ars Technica, 12/29/08

Via Ars Technica: RIAA appeal in Jammie Thomas case refused:

"Saying that the Eighth Circuit Court of Appeals was quite clear on the matter, [federal judge Michael] Davis refused to allow the appeal in a December 23rd order. "While Plaintiffs can point to a number of courts from other jurisdictions that have disagreed with this Court's conclusion," he wrote, "the Eighth Circuit Court of Appeals has explicitly held that actual distribution is required."

With the "interlocutory" appeal denied, the RIAA will have to wait until a final judgment has been issued before filing an appeal. That means a complete retrial first; given the RIAA's new moves toward "graduated response" deals with ISPs and the cessation of its widespread legal campaign, it's not clear that the industry will be willing to gear up for yet another high-profile trial against Thomas."

http://arstechnica.com/news.ars/post/20081229-riaa-appeal-in-jammie-thomas-case-refused.html

Harvard Team Asks Court To Allow Live Broadcast Of Tenenbaum Case Against RIAA, TechDirt.com, 12/29/08

Via TechDirt.com: Harvard Team Asks Court To Allow Live Broadcast Of Tenenbaum Case Against RIAA:

"A bunch of folks have sent in the story that Charles Nesson of Harvard, who is challenging the constitutionality of the RIAA's lawsuits against file sharers, has filed a motion asking that the trial be broadcast live over the internet, amusingly using the RIAA's own words to support his request. From the beginning, the RIAA has always insisted that its lawsuits were part of a broad "educational campaign" to teach people about the evils of file sharing."

http://techdirt.com/articles/20081229/0144443229.shtml

Judge Says Fox Owns Rights to a Warner Movie, New York Times, 12/25/08

Via New York Times: Judge Says Fox Owns Rights to a Warner Movie:

“Fox owns a copyright interest consisting of, at the very least, the right to distribute the ‘Watchmen’ motion picture,” the ruling said."

http://www.nytimes.com/2008/12/25/business/media/25fox.html

OpEd by Lawrence Lessig: Prosecuting Online File Sharing Turns a Generation Criminal, U.S. News & World Report, 12/22/08

OpEd by Lawrence Lessig, Via U.S. News & World Report: Prosecuting Online File Sharing Turns a Generation Criminal:

"It is time we recall what the nation learned 75 years ago: The remedy to a failed war is not to wage an ever more violent war; it is to sue for peace. Rather than continuing to sue to stop what no lawyer could ever stop, Congress needs to consider the scores of proposals that have been advanced by some of the best scholars in the nation to legalize this sharing while enabling other ways to compensate artists.

These include a voluntary collective license, allowing individuals to file share for a low, fixed rate; a more expansive "noncommercial use levy" that would be imposed on commercial entities benefiting from peer-to-peer file sharing, to help compensate artists; or most expansive of all, that copyright give up regulating the distribution of copies and instead compensate artists based upon the estimated frequency by which their works are consumed. These and a host of other ideas all raise different advantages and disadvantages—but are better than criminalizing a generation.

The failure of Prohibition taught social reformers something important about regulatory humility: Too often liberals and conservatives alike simply assume that a law will achieve what the law seeks to achieve. Too rarely do they work out just how. Humility teaches us to rein in the law where it is doing no good, if only to protect it where it does good or where it is necessary.

Copyright law's extremism is not necessary. We can achieve the objectives of copyright law—compensating artists—without criminalizing a generation. We need to start doing that, now."

http://www.usnews.com/articles/opinion/2008/12/22/prosecuting-online-file-sharing-turns-a-generation-criminal.html

Court saves Les Mis sequel novels, BBC News, 12/20/08

Via BBC News: Court saves Les Mis sequel novels:

"In 2001, novelist Francois Ceresa published the follow-ups to the acclaimed 19th-Century classic.

But Hugo's family objected to the books - Cosette and the Time of Illusions and Marius or The Fugitive - arguing they were an insult to the original work...

But the court ruled on Friday that Hugo's novel was in the public domain, meaning Ceresa was therefore free to invent a sequel."

http://news.bbc.co.uk/nol/ukfs_news/hi/newsid_7790000/newsid_7793800/7793803.stm

RIAA Qualifies Statement on No New Copyright Lawsuits, Wired.com, 12/23/08

Via Wired.com: RIAA Qualifies Statement on No New Copyright Lawsuits:

"Cara Duckworth, an RIAA spokeswoman, e-mailed Threat Level in a bid to clear the air. She wrote that any suits recently filed were already in the "pipeline" for months.

"We are not initiating any new lawsuits and have not since August. Any lawsuit that has been filed since then is a named lawsuit or those for which we've received identifying information about the ISP (or issued the subpoena for). Simply put, we are continuing those that have already been in the pipeline but nothing new has been initiated since August," Duckworth said."

http://blog.wired.com/27bstroke6/2008/12/riaa-qualifies.html

Aggregation aggravation: NYTCo hit with copyright suit over hyperlocal content, The Guardian, 12/23/08

Via The Guardian: Aggregation aggravation: NYTCo hit with copyright suit over hyperlocal content:

"Aggravation over aggregation: It's been a while since sites threatened legal action related to aggregated content. The GateHouse-NYTCo suit comes a few days after Huffington Post's Chicago-based site was called on the carpet of using parts of Chicago Reader's concert reviews without permission. Also, the suit is being brought at a time when local and regional papers are feeling crushed by the economy and the general state of the newspaper business. NYTCo rep Catherine Mathis tells Boston.com that the its hyperlocal sites aren't doing anything different from what blogs have been doing all along. Mathis: "Far from being illegal or improper, this practice of linking to sites is common and is familiar to anyone who has searched the web.""

http://www.guardian.co.uk/media/pda/2008/dec/23/pressandpublishing-citizenmedia

Podcast: Lawrence Lessing's 'Remix' For The Hybrid Economy, NPR's Fresh Air with Terry Gross, 12/22/08

Podcast [37 min. 51 sec.] : Via NPR's Fresh Air with Terry Gross: Lawrence Lessing's 'Remix' For The Hybrid Economy:

Blurb: In his new book Remix, law professor Lawrence Lessig explores the changing landscape of intellectual property in the digital age — and argues that antiquated copyright laws should be updated.

Lessing is a columnist for Wired and the chair of Creative Commons, a nonprofit organization that promotes the legal sharing, repurposing and remixing of creative work.

http://www.npr.org/templates/story/story.php?storyId=98591002

GateHouse Media sues NY Times Co. over copyright, International Herald Tribune, 12/23/08

Via International Herald Tribune: GateHouse Media sues NY Times Co. over copyright:

"Dan Kennedy, an assistant journalism professor at Northeastern University who also runs the Media Nation blog that is tracking the lawsuit, said the case could have national implications because it could settle questions on how much content one news organization can use from another.

"What the Globe is doing is what everybody says newspapers should be doing," said Kennedy, referring to aggregating content like Google News.

Kennedy, however, said the Boston.com model is different since it puts up advertising, unlike Google News.

GateHouse, he said, can make an argument that Boston.com is profiting from GateHouse journalism.

"It will be interesting to see the outcome," Kennedy said. "This is one of the most important stories about the newspaper business right now."

http://www.iht.com/articles/ap/2008/12/23/business/NA-US-GateHouse-Times-Lawsuit.php

The RIAA’s prosecution of copyright law is unconstitutional, Mass High Tech, 11/28/08

By Charles Nesson, Esq., William F. Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet & Society, Via Mass High Tech: The RIAA’s prosecution of copyright law is unconstitutional:

"We believe, and are asserting legally by counterclaim, that the RIAA litigation campaign against Joel [Tenenbaum] and the millions of his generation like him is an unconstitutional abuse of law. Imagine a statute which, in the name of deterrence, provides for a $750 fine for each mile-per-hour that a driver exceeds the speed limit, with the fine escalating to $150,000 per mile over the limit if the driver knew he or she was speeding. Imagine that the fines are not publicized, and most drivers do not know they exist. Imagine that enforcement of the fines is put in the hands of a private, self-interested police force, that has no political accountability, that can pursue any defendant it chooses at its own whim, that can accept or reject payoffs on the order of $3,000 to $7,000 in exchange for not prosecuting the tickets, and that pockets for itself all payoffs and fines. Imagine that a significant percentage of these fines were never contested, regardless of whether they had merit, because the individuals being fined have limited financial resources and little idea of whether they can prevail in front of a federal court...

Tenenbaum is, in every way, representative of his born-digital generation. The tension remains that our antiquated legal system has not caught up to the social reality of digital natives, a term my colleague John Palfrey coined to describe the generation that grew up immersed in digital technologies and for whom a life fully integrated with digital devices that are, by design, free and open is the norm."

http://www.masshightech.com/stories/2008/11/24/editorial2-The-RIAAs-prosecution-of-copyright-law-is-unconstitutional.html

Target of RIAA lawsuit says music piracy case has been an ordeal, Computer World, 12/19/08

Via Computer World: Target of RIAA lawsuit says music piracy case has been an ordeal, College student Joel Tenenbaum claims trade group wanted to make an example of him:

"Tenenbaum said that although online piracy is a problem, the larger issue lies with what he characterized as the music industry's continued insistence on seeing the Internet as a threat instead of as a tool that can transform the manner in which music is consumed.

"I don't think anybody thinks artists shouldn't be rewarded for their work," Tenenbaum said. But there are other ways to do so on the Net that the music industry has stubbornly refused to consider, he added."

http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9124118&intsrc=hm_list

Warner stops the music on YouTube, London Guardian, 12/22/08

Via London Guardian: Warner stops the music on YouTube:

"Content will be removed from the site along with recordings owned by Warner Music's record publishing business, Warner/Chappell Music, which controls the copyright to songs including Happy Birthday to You and Winter Wonderland. Warner Music's withdrawal also covers amateur clips that feature its artists or copyrighted songs - potentially widening the action to hundreds of thousands of additional postings."

http://www.guardian.co.uk/music/2008/dec/22/warner-music-youtube

Warner Music videos removed from YouTube, Los Angeles Times, 12/21/08

Via Los Angeles Times: Warner Music videos removed from YouTube:

"Warner Music Group's videos began disappearing from YouTube this weekend, the casualty of a contract impasse between the music company and the Internet's dominant video site

Negotiations broke down last week over licensing fees for Warner's music and videos, say people familiar with the discussions who were not authorized to speak publicly.

On its blog, YouTube alerted its audience to the collapse in talks, noting that professionally produced music videos and those that fans create using Warner songs would begin to disappear...

The stalled discussions suggest that Warner is dissatisfied with the revenue stream it gets from YouTube."

http://www.latimes.com/business/la-fi-warner-youtube21-2008dec21,0,6252484.story

Discord on golden oldies' earning power, London Guardian, 12/21/08

Via London Guardian: Discord on golden oldies' earning power, Extending copyright on recordings would swell the labels' coffers, but the lure of selling old tunes may eclipse new signings:

"Record labels spend a huge amount of time and money searching for the artists of the future - but their profits are underpinned by the pop stars of the past. Back catalogues are big business for the major music groups, generating cash that can be ploughed into "A&R" ("artists and repertoire") - the inexact science of discovering and promoting tomorrow's big acts...

But all that could change if copyright on music recordings is not extended from 50 to 95 years, as the major music labels would like, and as the European Commission has recently proposed. Without the extension, early Beatles recordings such as Love Me Do will lose copyright protection from 2012, after which anyone would be free to use these versions of the songs free of charge. The implications for those who made the recordings are obvious.

In the UK, an artist earns a royalty every time their version of a song is sold or played publicly - a copyright that is valid for 50 years and generally administered through the artist's label. But there is also a separate copyright for the songwriter, currently valid for 70 years from the date of his or her death - the same rules that apply to authors outside the music industry. Those rights are generally held by music publishers, which exist both as standalone companies and as divisions within record labels. The music industry has been lobbying for several years to extend the copyright on performances and recordings so they are on equal terms with songwriting and other forms of copyright...

But not everyone agrees that a copyright extension would lead to more investment in new music, and some fear that it would encourage record labels to become more like music publishers and put yet more emphasis on their library."

http://www.guardian.co.uk/media/2008/dec/21/beatles-copyright-royalties-extension-mccartney

Music Industry Drops Effort to Sue Song Swappers, Via New York Times, 12/19/08

Via New York Times: Music Industry Drops Effort to Sue Song Swappers:

"''We're at a point where there's a sense of comfort that we can replace one form of deterrent with another form of deterrent,'' said RIAA Chairman and Chief Executive Mitch Bainwol...

The group says it will still continue to litigate outstanding cases, most of which are in the pre-lawsuit warning stage, but some of which are before the courts.

The decision to press on with existing cases drew the ire of Harvard Law professor Charles Nesson, who is defending a Boston University graduate student targeted in one of the music industry's lawsuits.

''If it's a bad idea, it's a bad idea,'' said Nesson. He is challenging the constitutionality of the suits, which, based on the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999, can impose damages of $150,000 per infringement, far in excess of the actual damage caused...

Brian Toder, a lawyer with Chestnut & Cambronne in Minneapolis, who defended single mother Jammie Thomas in a copyright suit filed by the RIAA, said he is also set to retry the case March 9 after a judge threw out a $222,000 decision against her.

''I think it's a good thing that they've ended this campaign of going after people,'' Toder said.

''But they need to change how people spend money on records,'' he said. ''People like to share music. The Internet makes it so easy. They have to do something to change this business model of theirs.''

http://www.nytimes.com/aponline/2008/12/19/technology/AP-Music-Downloading-Lawsuits.html?partner=rss&emc=rss

RIAA's New Piracy Plan Poses a New Set of Problems, Via Washington Post, 12/20/08

Via Washington Post: RIAA's New Piracy Plan Poses a New Set of Problems, The RIAA is backing down from consumer copyright infringement lawsuits, but consumers should still be concerned:

"Effectively, RIAA has turned itself into the sheriff, and your ISP into its deputy. Based on the same data gathering and user identification methods that have come under fire from the start, RIAA will now be able to get your Internet access limited or discontinued on its own if it for some reason flags you as an illegal filesharer...

"This means more music fans are going to be harassed by the music industry," saysFred von Lohmann, senior staff attorney of the Electronic Frontier Foundation.

"The problem is the lack of due process for those accused," von Lohmann continues. "In a world where hundreds of thousands, or millions, of copyright infringement allegations are automatically generated and delivered to ISPs, mistakes are going to be made. ... Anyone who has ever had to fight to correct an error on their credit reports will be able to imagine the trouble we're in for."

In essence, the music industry is trading one questionable practice for another. Striking a deal to deem itself the judge and your ISP the regulator is not the answer -- and it's not going to win the war, either.

What is the solution, then? The EFF suggests RIAA support a "voluntary collective licensing regime" -- basically, a legal peer-to-peer network that'd let music fans pay a small monthly fee for the right to freely trade music. A survey conducted this summer found an overwhelming 80 percent of current peer-to-peer users would be interested in paying for such a system."

http://www.washingtonpost.com/wp-dyn/content/article/2008/12/19/AR2008121902930.html?nav%3Dhcmodule&sub=AR

RIAA Strikes a 'Three Strikes' Deal, Everybody Loses, Via Public Knowledge, 12/19/08

Via Public Knowledge: RIAA Strikes a 'Three Strikes' Deal, Everybody Loses:

"According to the Wall Street Journal, these deals between the RIAA and the ISPs were brokered by New York State Attorney General Andrew Cuomo, who reportedly "wanted to end the litigation." While it's hard not to agree with that sentiment, you've got to wonder whether there might not have been another solution to the problem that didn't involve content companies and ISPs deciding who should and shouldn't have access to the Internet.

After all, if Cuomo had bothered to look across the pond, he would have noticed that the European Union saw fit to strike down "three strikes" policies with an amendment that referred to such agreements as "…measures conflicting with civil liberties and human rights and with the principles of proportionality, effectiveness and dissuasiveness, such as the interruption of Internet access." Access to the Internet is increasingly becoming a necessity for ensuring full participation in our society, democracy and economy. Should we allow an industry trade group with a notoriously bad track record to serve as the gatekeeper to the Internet?

To be fair, not everything in the RIAA's outlined strategy is nefarious. Under the new regime, the RIAA will not ask ISPs to reveal the identities of their users. Rather, the association will identify users anonymously, using only their IP address...

There are other proposals currently on the table--EFF's voluntary collective licensing proposal being the most prominent one--that would address the issue of piracy without criminalizing users or stripping them of their right to access the Internet."

http://www.publicknowledge.org/node/1918

No ISP Filtering Under New RIAA Copyright Strategy, Via Wired.com, 12/19/08

Via Wired.com: No ISP Filtering Under New RIAA Copyright Strategy:

"The Recording Industry Association of America on Friday announced a new strategy in its quest to curtail online copyright infringement — a plan that for now requires no filtering from internet service providers...

Under the new proposal, instead of filing lawsuits against individuals its investigators detect sharing music online, the RIAA will send notices to ISPs pointing out the offending parties' IP addresses. The ISPs, in turn, will notify (.pdf) the alleged offender in the United States by snail-mail or e-mail of the alleged violations. Violators could lose internet access after three or more alleged violations, said Cara Duckworth, an RIAA spokeswoman. (The details are still being hashed out, but Duckworth said a procedure would be put in place to administratively challenge violations.)"

http://blog.wired.com/27bstroke6/2008/12/no-isp-filterin.html

Music Industry to Abandon Mass Suits, Via Wall Street Journal, 12/19/08

Via Wall Street Journal: Music Industry to Abandon Mass Suits:

"After years of suing thousands of people for allegedly stealing music via the Internet, the recording industry is set to drop its legal assault as it searches for more effective ways to combat online music piracy.

The decision represents an abrupt shift of strategy for the industry, which has opened legal proceedings against about 35,000 people since 2003. Critics say the legal offensive ultimately did little to stem the tide of illegally downloaded music. And it created a public-relations disaster for the industry, whose lawsuits targeted, among others, several single mothers, a dead person and a 13-year-old girl.

Instead, the Recording Industry Association of America said it plans to try an approach that relies on the cooperation of Internet-service providers. The trade group said it has hashed out preliminary agreements with major ISPs under which it will send an email to the provider when it finds a provider's customers making music available online for others to take...

Meanwhile, music sales continue to fall. In 2003, the industry sold 656 million albums. In 2007, the number fell to 500 million CDs and digital albums, plus 844 million paid individual song downloads -- hardly enough to make up the decline in album sales."

http://online.wsj.com/article/SB122966038836021137.html

OpEd: Editorial: Google Deal or Rip-Off?, Via Library Journal, 12/15/08

OpEd: Via Library Journal: Editorial: Google Deal or Rip-Off?:

"One public access terminal per public library building. Institutional database subscriptions for academic and public libraries that secure once freely available material in a contractual lockbox, which librarians already know too well from costly e-journal and e-reference database deals. No remote access for public libraries without approval from the publisher/author Book Rights Registry, set up to administer the program. And no copying or pasting from that institutional database, though you can print pages for a fee. Of course, you can always purchase the book, too.

Those are just a few of the choice tidbits from the 200-page settlement in the Association of American Publishers (AAP) and Authors Guild three-year-old suit against Google, drawn from Jonathan Band's “Guide for the Perplexed: Libraries and the Google Library Project Settlement.” Band's report was commissioned by the American Library Association and the Association of Research Libraries...

The restrictions were obviously too much for one of the original five Google partners, Harvard University Library (HUL), which criticized the settlement. Robert Darnton, the HUL director, said the deal had “too many potential limitations on access to and use of books” for academia and public libraries and questioned what the price for access would be, given that “the subscription service will have no real competitors.”"

http://www.libraryjournal.com/article/CA6618842.html

Copyright extension is out of tune with reality, Financial Times.com, 12/17/08

Via Financial Times.com: Copyright extension is out of tune with reality:

"Copyright is an economic instrument, not a moral one, and if you consider the economic arguments – as I did two years ago at the request of Gordon Brown – you will find that they do not stack up. All the respectable research shows that copyright extension has high costs to the public and negligible benefits for the creative community.

Consumers find themselves paying more for old works or unable to access “orphan works” where copyright ownership is unclear...

There are issues here that demand policy intervention, but they have nothing to do with Mr Burnham’s pet project. They suggest a focus on the balance and flexibility of copyright, and on better enforcing the protection that already exists – not on extending a right largely derided by younger citizens...

There are two broader messages. First, to music companies: you have moved beyond trying to close the internet down as a distribution channel, but you have still not done enough to exploit the swirl of creative and commercial opportunities unleashed by the world of social networks and web 2.0. Please focus on innovation, not on trying to eke more rent from the successes of yesteryear."

http://www.ft.com/cms/s/0/ba280756-ca07-11dd-93e5-000077b07658.html?nclick_check=1

Creative Commons 6th Birthday Celebration, Public Knowledge, 12/16/08

Via Public Knowledge: Creative Commons 6th Birthday Celebration:

6:30-9:00pm, Tuesday, December 16th, 2008

Join D.C. Copynight for a Creative Commons 6th Birthday Celebration. Bring some CC-licensed media to share. There will be pizza, beer, CC media & swag, and good cheer—perhaps even great cheer.

Public Knowledge1875 Connecticut Ave. NWSuite 650Washington, DC 20009

RSVP at: http://cc6bdaydc.eventbrite.com/

http://www.publicknowledge.org/node/1907

Rhode Island Pub Owner Faces Suit Over Music Copyrights, New York Times, 12/14/08

Via New York Times: Rhode Island Pub Owner Faces Suit Over Music Copyrights:

"The bar’s owner, Patrick Griffin, is being sued by the American Society of Composers, Authors and Publishers, or Ascap. The organization says the bar violated federal copyright law during the show and is seeking up to $120,000 in damages."

http://www.nytimes.com/2008/12/14/us/14pub.html?_r=1&scp=3&sq=copyright&st=cse

Pamela Samuelson on Copyright Reform, Bunsnip.com, 11/13/08

Via Bunsnip.com: Pamela Samuelson on Copyright Reform at Free Culture Conference, Berkeley 2008:

"I think one reason that it’s really important to think about copyright reform is because really pretty much every 40 years there has been copyright reform. So it’s time to really get that conversation started. And a lot of what we need to do is move to better principals about what a good copyright law would look like. It shouldn’t be as long – current copyright law is 200 pages long, 300 if you buy certain editions – and it’s too complicated. I can’t make my way through about half the provisions because they’re so incomprehensible. Maybe it was ok that copyright law was really abstruse at a time when the only people who needed to know anything about it were the industry lawyers who essentially were mediating these kind of inter-industry disputes. If they knew what it meant and nobody else did, who cared, as long as it just applied to them. But now that copyright law is really affecting and regulating our daily activities, we the people deserve a copyright law that’s simple, that’s fair, that’s balanced, and that gets us to a much better way of thinking about what good role copyright law can play.

Like some of the earlier speakers, I worry a lot about the implications of copyright for the activities that all of you do on a daily basis. There’s a really fun essay that was written by one of my colleagues in Copyright, John Tehranian, entitled, “Infringement Nation.” What John does in the article is go through the average day of a professor (seems to be modeled on himself)."

http://www.bunsnip.com/2008/11/free-culture-conference-2008-pamela.html