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AUTHORS

Donna Wentworth
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Ernest Miller
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Elizabeth Rader
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Jason Schultz
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Wendy Seltzer
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Aaron Swartz
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Alan Wexelblat
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About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.

What Does "Copyfight" Mean?

Copyfight, the Solo Years: April 2002-March 2004

COPYFIGHTERS
a Typical Joe
Academic Copyright
Jack Balkin
John Perry Barlow
Benlog
beSpacific
bIPlog
Blogaritaville
Blogbook IP
BoingBoing
David Bollier
James Boyle
Robert Boynton
Brad Ideas
Ren Bucholz
Cabalamat: Digital Rights
Cinema Minima
CoCo
Commons-blog
Consensus @ Lawyerpoint
Copyfighter's Musings
Copyfutures
Copyright Readings
Copyrighteous
CopyrightWatch Canada
Susan Crawford
Walt Crawford
Creative Commons
Cruelty to Analog
Culture Cat
Deep Links
Derivative Work
Detritus
Julian Dibbell
DigitalConsumer
Digital Copyright Canada
Displacement of Concepts
Downhill Battle
DTM:<|
Electrolite
Exploded Library
Bret Fausett
Edward Felten - Freedom to Tinker
Edward Felten - Dashlog
Frank Field
Seth Finkelstein
Brian Flemming
Frankston, Reed
Free Culture
Free Range Librarian
Michael Froomkin
Michael Geist
Michael Geist's BNA News
Dan Gillmor
Mike Godwin
Joe Gratz
GrepLaw
James Grimmelmann
GrokLaw
Groklaw News
Matt Haughey
Erik J. Heels
ICANNWatch.org
Illegal-art.org
Induce Act blog
Inter Alia
IP & Social Justice
IPac blog
IPTAblog
Joi Ito
Jon Johansen
JD Lasica
LawMeme.org
Legal Theory Blog
Lenz Blog
Larry Lessig
Jessica Litman
James Love
Alex Macgillivray
Madisonian Theory
Maison Bisson
Kevin Marks
Tim Marman
Matt Rolls a Hoover
miniLinks
Mary Minow
Declan McCullagh
Eben Moglen
Dan Moniz
Napsterization
Nerdlaw
NQB
Danny O'Brien
Open Access
Open Codex
John Palfrey
Chris Palmer
Promote the Progress
PK News
PVR Blog
Eric Raymond
Joseph Reagle
Recording Industry vs. the People
Lisa Rein
Thomas Roessler
Seth Schoen
Doc Searls
Seb's Open Research
Shifted Librarian
Doug Simpson
Slapnose
Slashdot.org
Stay Free! Daily
Sarah Stirland
Swarthmore Coalition
Tech Law Advisor
Technology Liberation Front
Teleread
Siva Vaidhyanathan
Vertical Hold
Kim Weatherall
Weblogg-ed
David Weinberger
Matthew Yglesias

LINKABLE + THINKABLE
AKMA
Timothy Armstrong
Bag and Baggage
Charles Bailey
Beltway Blogroll
Between Lawyers
Blawg Channel
bk
Chief Blogging Officer
Drew Clark
Chris Cohen
Crawlspace
Crooked Timber
Daily Whirl
Dead Parrots Society
Delaware Law Office
J. Bradford DeLong
Betsy Devine
Dispositive
Ben Edelman
EEJD
Ernie the Attorney
FedLawyerGuy
Foreword
How Appealing
Industry Standard
IP Democracy
IPnewsblog
IP Watch
Dennis Kennedy
Rick Klau
Wendy Koslow
Kuro5hin.org
Elizabeth L. Lawley
Jerry Lawson
Legal Reader
Likelihood of Confusion
Chris Locke
Derek Lowe
Misbehaving
MIT Tech Review
NewsGrist
OtherMag
Paper Chase
Frank Paynter
PHOSITA
Scott Rosenberg
Scrivener's Error
Jeneane Sessum
Silent Lucidity
Smart Mobs
Trademark Blog
Eugene Volokh
Kevin Werbach

ORGANIZATIONS
ARL
Berkman @ Harvard
CDT
Chilling Effects
CIS @ Stanford
CPSR
Copyright Reform
Creative Commons
DigitalConsumer.org
DFC
EFF
EPIC
FIPR
FCC
FEPP
FSF
Global Internet Proj.
ICANN
IETF
ILPF
Info Commons
IP Justice
ISP @ Yale
NY for Fair Use
Open Content
PFF
Public Knowledge
Shidler Center @ UW
Tech Center @ GMU
U. Maine Tech Law Center
US Copyright Office
US Dept. of Justice
US Patent Office
W3C


Copyfight

Monthly Archives

October 30, 2007

Oink Thumbs Its Nose At Cartel, Even In Death

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Posted by Alan Wexelblat

Continuing its long-running (nine years! how slow are these people?) tradition of smashing blobs of mercury with hammers, the Cartel have forced the popular torrent-tracking site Oink to shut down. Dramatic police raids and exaggerated quotes make for good show, if nothing else.

You really should visit that page, if only for amusement value. Mmm, tasty waffles.

Oink was a private, members-only site that facilitated trading. If you're trading your own originals that's legal. If you're making copies and swapping them with friends, that may be illegal. According to the BBC story what appears to have really cheesed off the Cartel was the trading of pre-release albums.

Not everyone is pleased that the site was taken down, least of all the reputed 180,000 members. DJ Rupture posted a thought piece mourning the demise of the site, which he found contained everything he had ever released. He thinks about BitTorrent and sites like Oink in terms of their relationship to music fans and music as a money-making business. It's a good read from someone who's in the business and gets that you can't win this war by smashing more and more blobs of mercury with bigger and bigger hammers.

(Props to Webreakstuff for the original pointer.)

Comments (0) + TrackBacks (0) | Category: IP Markets and Monopolies

NBC's Download Saga Continues

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Posted by Alan Wexelblat

A couple of CNET items this week covering different aspects of the NBC vs iTunes dust-up.

First, Tom Krazit has a juicy blog entry in which he claims that "NBC wanted a cut of iPod revenue." He's reading mostly from a tip in Variety, the industry trade rag. Apparently, NBC really wanted "variable pricing" - a code phrase for 'charging more for popular items'. When they couldn't get that they reasoned that if Apple was going to use cheap downloads as an enticement to sell more iPods then they ought to get a slice of that pie instead. Yeah, right. I'm sure you can get Jobs to talk about that... oh, maybe right after you get the television set manufacturers to give you a cut of their revenue.

The second piece, by Greg Sandoval, takes a kinder look at NBC's hulu.com download site. He does note that it has a silly name, too few shows, and not much else. But Sandoval seems to be willing to grant that there's potential in the site. The big points seem to be "easy navigation" and "high quality" streams. Like, y'know, you'd get on iTunes. It also lacks a back catalog for people wanting to get into ongoing series. Like, y'know, you'd get on iTunes.

hulu is also free. Not even an ad to spoil the viewing experience. So NBC is spending a lot of money, or maybe it's getting money from MSN, AOL et al who are carrying hulu content. And they're not getting any revenue from downloads. Like, y'know, they'd get from iTunes.

Clearly I'm not fit to be a Cartel executive.

Comments (0) + TrackBacks (0) | Category: IP Use

October 25, 2007

From Rock Gods to Ringtones

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Posted by Alan Wexelblat

As you've no doubt seen by now, the remaining members of Led Zeppelin have finally agreed to release their complete collection on iTunes, along with a special purchase item that bundles all 141 tunes. Verizon Wireless will also be offering Zep ringtones.

The band has famously refused most prior commercial uses of their music, with one amusing exception: Jack Black begged them for the rights to use "Immigrant Song".

Comments (1) + TrackBacks (0) | Category: IP Use

October 18, 2007

Too Many Cooks Spoil The Copyright?

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Posted by Alan Wexelblat

Attributor, which I wrote about last month, has put out a study demonstrating its software's ability to find and match content. The ostensible point of the study is to show how recipes from popular cooking sites get copied around, and the study got a big writeup by Jennifer Guevinin the CNET blog.

The gist isn't terribly surprising - recipes get copied around a lot. Anyone who has ever been in the restaurant business knows that innovations are often quickly scooped up and duplicated. I've known chefs to dine at competitor's places while in disguise, to plant employees into rival chefs' kitchens, and other dirty tricks. So copying a recipe that someone posts on the Web is not a big shock.

There is real money involved here, in that some sites charge fees to access online recipes and many sites depend on traffic. If a copy of a site's recipe gets higher rankings on a Google search then it may divert traffic from the originator. All of which brings us back around to the question of what constitutes fair use. As I noted in the original discussion of Attributor, one of their major claims is to provide a platform on which such conversations may be constructed..

Recipes are particularly tricky to think about, as they're combinations of a fairly limited set of ingredients in fairly standardized ways. If I'm going to whip egg whites for my cake I'm likely to do it in one of about four ways, all of which are well-known. There are good physical chemistry reasons why I have to whip the whites and then fold in other ingredients - I can't simply reorder the steps. It's pretty clear that a simple list of ingredients isn't protected by copyright. Even if I find a new combination of spices to make my cake amazing, just listing that combination isn't enough to qualify.

Beyond that, cooking is very much a derivative art. Recipes and techniques get copied all OVER the place. Chefs learn their trades through long apprenticeships and often start by making close copies of things they learned from their mentor chefs, but with their own variations added. Attributor may be doing a good job of showing off its technology here but they're not adding anything to the discussion about what is or is not fair use of a recipe.

Comments (2) + TrackBacks (0) | Category: IP Use

And One Click to Rule... um, Something

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Posted by Alan Wexelblat

A disgruntled customer of Amazon's has done what thousands of outraged net windbags couldn't do: Peter Calveley of New Zealand has gotten the USPTO to overturn all but five of the claims in Amazon's infamous "1 click" patent.

There's no magic here - he just did a lot of drudge work, digging up prior art, and some fundraising work, getting his blog readers to donate the USD 2,520 fee required to file the challenge. Yesterday the patent office issued a 17-page "reexamination document." This document does not comment on the original patent - it simply judges the validity of the patent's claims against the submitted prior art. That judgment found that two of the patent's main claims were not invalidated by the prior art, and that allowed three dependent claims to escape as well. The rest of the claims are disallowed.

Interestingly it appears that the invalidating evidence was not just public-domain literature, but actual issued US patents. Which means that both Amazon and the PTO did shoddy jobs searching through the patent database. Greg Aharonian of PATNEWS and others have been claiming for years that PTO searching is a joke when it comes to software patents - compare the prior art listings on your average biotech patent with that on a software patent. Stories like this can only add credibility to those accusations.

Aharonian adds a bit of detail

The PTO relied on two patents provided as prior art (which the PTO had been unable to find on its own): 5819034 (a one button ordering process for interactive TV) and 5729594 (online financial transactions with BUY button). Also used was a Newsweek article, and a prior Amazon patent.

It seems likely Amazon will appeal, as this can affect not only their settlement with B&N but also any ongoing licensing arrangements.

Comments (1) + TrackBacks (0) | Category: Laws and Regulations

October 5, 2007

Cartel Gets Big Money to Fill In Big Hole

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Posted by Alan Wexelblat

The RIAA has been handed a huge victory in its first-ever jury trial. Jammie Thomas is now on the hook for USD 220,000 at the going rate of 9,250 for each of 24 songs. The jury, according to Sandoval's CNET piece, didn't seem to care that she hadn't actually been proven to have shared the files.

This money and other monies extorted from customers is "reinvested" in the jihad. As Eric Bangeman reported for Ars earlier this week, that campaign is a big money pit. I'm totally unsurprised by this, having guessed as much many months ago. Bangeman thinks it's a 'bombshell" that the Cartel isn't making any money off of this and really has no idea how much money it's losing (if any) to file sharing. I think it's totally unshocking and the fact that they'd admit it in open court is just a measure of how confident they are.

So what we're left with is a potential appeal or possibly the Cartel offering to settle for a few pennies on the dollar. They're not getting a quarter-million from a single mom and they know it. But they never really expected to - what they want to do is punish, inspire fear, and intimidate. I'd say they won on all those counts.

Meanwhile, file sharing continues unabated. You don't change peoples' attitudes and behavior through punishment, fear, and intimidation on anything less than a governmental level, and maybe not even then.

Comments (3) + TrackBacks (0) | Category: Laws and Regulations

October 4, 2007

Cartel Continues to Reinterpret Laws it Doesn't Like

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Posted by Alan Wexelblat

For years now the Cartel have played it coy on the issue of whether they think it's legal for people to make personal copies of music you bought. Certainly the naive reading of the laws on personal backups and the like would encourage people to think they can make private backup copies of their own CDs. The alternative is that you ought to buy a copy of the CD for each car, computer room player, and boombox. And don't forget to buy another copy for every digital music player you want to download for, though most of the online stores explicitly let you use a tune on multiple players.

The Cartel has tried to have it both ways for years. You may remember that in MGM v Grokster, the RIAA agreed that it was OK to copy your own CDs, then promptly backtracked on that position in the Feb 2006 DMCA rule-making process.

This week we have Jennifer Pariser, the head of litigation for Sony BMG, testifying in Capitol Records, et al v. Jammie Thomas uttering this bit of... um, let's just agree to call it 'self-serving bullshit':

When an individual makes a copy of a song for himself, I suppose we can say he stole a song.

Eric Bangeman's piece for ars on the case, linked above, highlights what may be an interesting point, if the trial judge lets the defense pursue it: the RIAA is... oh, I need another phrase here, let's use "lying through its rotten teeth" about ownership of copyrights in the music it's suing people for sharing.

Ars has been publishing stories for much of the last few months pointing out that the Cartel has gotten sloppy and overreaching in these suits. Mostly they get by because nobody can afford to fight them in court and risk a big loss. But if there''s a dirty underside here, maybe we'll see a single mother from Brainerd, Minnesota, expose it.

Comments (0) + TrackBacks (0) | Category: Laws and Regulations