Corante

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

July 29, 2009

Dionne Warwick versus the Cartel

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Posted by Alan Wexelblat

I thought I had talked about the "Performance Rights Act" before - now called the Civil Rights for Musicians Act - before, but apparently not. You may recall that the act's sponsor, John Conyers, gained a moment of digital notoriety by publishing the Downing Street memos as samizdat that the official media wouldn't touch. Conyers' legislation is apparently attempting to close the rights loophole that radio enjoys.

Briefly: even though it's a pittance, artists do get some money from CD sales. Many of the digital download deals also funnel money back to artists. But when a musician's work is played on broadcast radio, no money goes back to the artist. Originally the theory was that the artist was 'compensated' in the form of exposure for his/her work, and radio producers and DJs chose things based on what audiences wanted or liked. Of course, there has always been pay-for-play (payola) of one form or another to influence radio playlists.

Conyers bill is an attempt to change this situation, instituting a set of fees for broadcast radio, along the lines of the fees that have been imposed on Web radio. One big difference: broadcast radio is extremely profitable, unlike Web radio. Satellite radio such as XM has made a splash but hasn't been able to back it up with solid financials. Sirius radio, for example, has been teetering on the edge of bankruptcy for a while.

Dionne Warwick
To no one's great surprise, the big radio parts of the Cartel (particularly Radio One, which owns 54 radio stations in the US) have been hitting back. And this is where it gets really nasty, with Cathy Hughes, the CEO of Radio One, pleading poverty and making accusations about the motives of some of the bill's supporters. Which in turn has led Ms. Warwick to hit back in an op-ed piece blogged on Huffington Post in which she raises the specter not only of Cartel greed, but of outright racism in Hughes' attacks.

According to Warwick's column (and I confess I haven't read the bill), Conyer's Act would provide exemptions for the small and financially struggling radio stations while requiring large corporate radio to funnel at least a little money back to the artists. Sounds great - now why couldn't we get the same kind of Protection Act for Web radio?

Comments (7) + TrackBacks (0) | Category: Big Thoughts

July 21, 2009

Amazon's Gaffe Isn't What You Think It Is

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Posted by Alan Wexelblat

I've been wanting to avoid writing about the (latest) mess Amazon finds itself in. However, the story is being mis-told all over the place, so I'm going to pontificate about it.

Amazon's new Kindle
Compare, if you will, these two headlines: "Amazon redacts Orwell on Kindle like it’s ‘1984’" versus "Pirated copies of Orwell books pulled from Kindle". You'd almost think they were talking about two different things, but in fact they're talking about the same thing. And here is where Amazon seems to have failed completely to learn the lessons of its past gaffes.

It is true that Amazon pulled some e-books off Kindles after customers had paid for them. The problem is that those books were 'stolen goods' to which Amazon never had sale rights in the first place. The fact that those pirated e-books were Orwell's 1984 and Animal Farm makes me think this was a deliberate hack set up to embarrass Amazon. And it seems to be working, as the company first took the action silently, then has failed to manage the publicity around the incident, starting with the initial New York Times piece.

The gaffe here isn't that they pulled e-books that people had bought; it's that they're currently in a situation where they're looking at new competition from a new e-book reader put out by competitor Barnes & Noble and they can't manage to keep egg off their face. The way this situation has been handled is putting doubts into the minds of customers who are already hesitant to adopt a new reader technology.

For years, the Cartel has slowly been infecting the public mind with the notion that by buying a CD or DVD you don't actually own that music or movie - you just own a piece of plastic and the bits that are burned into that plastic are still the Cartel's property. Now Amazon has shown that the same thing is true for Kindle e-books. You don't really own the books, you just own the hunk of plastic pictured above.

That has some further unpleasant implications; for example, Christopher Dawson's piece "Amazon ate my homework, or why DRM stinks for education" draws a direct line from Amazon's actions to the larger implications of harm to student education from digital control technologies. In an ideal world, schools would save a bundle by buying Kindles or other e-book readers and giving (or loaning) them to students. My bet is that, just as there is a serious economic argument for Kindle over home-delivered newspaper, there's a serious financial case for putting student texts onto e-readers.

But what teacher or school administrator wants to worry about their whole school's supply of a textbook disappearing overnight because of some error that the publisher (Amazon) decides to "rectify" by erasing all downloaded copies of the book? I'd guess none. Maybe Amazon can convince schools it won't happen. But really, you don't want to have to make that argument in the first case because this should never have happened. Amazon should have taken steps to make things right with the Orwell book rights holder without impacting its customers' experience. I feel like a broken record saying "customer experience matters most" over and over, but it's still true.

Amazon has just proven that it can take seemingly random actions that result in bad things happening to innocent people. And you're going to sell that as a good technology to... who?

Comments (4) + TrackBacks (0) | Category: Big Thoughts

PhD Comics on Scientific IP

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Posted by Alan Wexelblat

PhD Comics presents its take on the process whereby scientists produce original material and then give it away (for free) to a system where other scientists work (for free) to select from those works so they can be published in journals that then charge huge fees to read this freely contributed work.

This is sort of funny, particularly in the way the cartoonist draws the rivalry between the journals Nature and Science. But it's also really serious business, in which peoples' life work gets held for very expensive ransom by an exclusivist system of copyright monopolists. It's one reason I'm a supporter of PLOS, the Public Library of Science.

Comments (0) + TrackBacks (0) | Category: Humor

July 7, 2009

Do Patents Really Promote Useful Progress?

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Posted by Alan Wexelblat

The stated purpose of patents, as spelled out in the US Constitution is "to promote the progress of science and useful arts..." I've pointed out cases in the past where the way patents are granted and used is actually contrary to progress in the useful arts I practice. Now a pair of researchers have published a paper in Columbia Science and Technology Law Review called "Patents and the Regress of Useful Arts."

In this paper, the authors report on a simulation they conducted to examine the behavior of potential patent holders and competitors under a variety of condition. The PDF of the full paper is available from the bottom of that linked abstract page. They compared situations involving patents (exclusive rights) against two non-patent situations - commons and open source. The surprising result (to Copyfighters) is that open source produced inferior results to a pure commons system given how the authors measured innovation, productivity, and societal utility.

As with any simulation, it's certainly possible to argue with the parameters of the model, the experimental set-up, and the interpretations of the results. In addition, the game results may be biased by the selection of players who, in this case, were incoming law school students. It's also unclear whether any game of this sort can capture all of the motivations for patenting as they exist in the real commercial environment. People get patents to protect their own inventions or to restrict competition, of course, but they may also seek patents for purely secondary purposes, such as improving their bargaining position with larger rivals or with venture capitalists. Of course, you could counter-argue that none of that is really useful progress as conceived by the framers of the Constitution.

(Full disclosure: the second author of this paper was a grad student at MIT while I was there and remains a friend and professional colleague. For whatever reason, he didn't mention this work when I saw him back in April. I found this publication through the blog of a mutual friend.)

Comments (4) + TrackBacks (0) | Category: Big Thoughts

July 2, 2009

World e-Book Faire

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Posted by Alan Wexelblat

Project Gutenberg and the World Public Library are co-promoting a month-long event with that name. Their theme is one of "public access" and they're offering something like two million eBooks for download.

I haven't investigated completely but it appears that all the offered downloads are in PDF format without any DRM or other electronic encumbrances. (One can argue that PDF isn't as good as text, for any number of reasons, but that's a separate issue.)

Comments (0) + TrackBacks (0) | Category: Events