Corante

AUTHORS

Donna Wentworth
( Archive | Home | Technorati Profile)

Ernest Miller
( Archive | Home )

Elizabeth Rader
( Archive | Home )

Jason Schultz
( Archive | Home )

Wendy Seltzer
( Archive | Home | Technorati Profile )

Aaron Swartz
( Archive | Home )

Alan Wexelblat
( Archive | Home )

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


Don't Miss The DrugSafetyHub, a new blog on counterfeit drugs and the evolution of the pharma industry

Copyfight

June 25, 2005

More on the BSA's 'Statistics'Email This EntryPrint This Article

Posted by Ernest Miller

Yesterday I wrote about the Business Software Alliance's less than sterling regard for the truth (Lies, Damn Lies and BSA Statistics). ZDNet UK made the same call yesterday (Lies, Damn Lies and Statistics).

Unless the BSA gets its act together and replaces overstated and misconstrued data with properly researched and carefully presented facts, it will become known as an arrogant organ of propaganda. There is no doubt that it is correct when it calls organised software piracy a major problem for the industry, but it would do well to remember the story of the boy who cried wolf.

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

June 24, 2005

Lies, Damn Lies and BSA StatisticsEmail This EntryPrint This Article

Posted by Ernest Miller

Is the Business Software Alliance accused of using misleading statistics again? Is the Pope Catholic?

Last time it was copyright infringement estimates (The Economist Rails on Flawed BSA Piracy Study). Now, ZDNet UK has published a commentary accusing the BSA of playing fast and loose with software patent statistics (BSA Figures Do Not Add Up).

The BSA's latest study claims to prove that software patents are of equal importance to SMEs and large companies, a claim that political parties and some media organisations have taken at face value. But does the study really show that SMEs are of equal importance, or has the BSA presented the facts in a misleading way to lead people to the conclusions they want them to draw?
What do you think the answer is?

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

June 22, 2005

Broadcast Flag Hasn't Snuck In Yet - Danger Hasn't Passed ThoughEmail This EntryPrint This Article

Posted by Ernest Miller

On Monday I noted that EFF was warning the public about Hollywood trying to sneak the Broadcast Flag through the Senate as part of an appropriations bill (Broadcast Flag to Sneak Through Senate Tomorrow?!?).

We now have an update from EFF: Flag Day

At the beginning of this week, we learned that a Broadcast Flag amendment might slip past the gates in an appropriations bill. It's easy to see how this could happen. Despite strong opposition to the flag in the Internet community, in many circles it's still considered "non-controversial."

But that was Monday evening.

Within the space of a few hours, the committee was Slashdotted, BoingBoinged and Instalanched.

By 6 p.m. on Tuesday, the 27 members of the Senate Appropriations Committee received more than 11,000 emails and faxes. That's nearly 500 faxes an hour. Dianne Feinstein alone received more than 2,600 messages in her inbox. Kay Hutchison, the senior senator for Texas, received 1,441 letters. [emphasis, links in original]

However, it ain't over til it's over. Read the whole thing ... and if you haven't already, TAKE ACTION.

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

June 21, 2005

Scrivener's Error Replies to StallmanEmail This EntryPrint This Article

Posted by Ernest Miller

Just below, Jason Schultz links and excerpts Richard Stallman's recent piece in the Guardian (Patent Absurdity).

Scrivener's Error has an interesting (and harsh) critique of Stallman's essay (Time is of the Essence). Petit of Scrivener's Error focuses on the limited term of patent. He's right about that, but I imagine that a patent on literary works would have a tremendous effect on the market nevertheless. I suspect we would be looking at much more consolidation among publishers, for example. And a market that is much more expensive to enter.

Comments (4) + TrackBacks (0) | Category: Counterpoint

June 20, 2005

Broadcast Flag to Sneak Through Senate Tomorrow?!?Email This EntryPrint This Article

Posted by Ernest Miller

BoingBoing is warning that the MPAA is trying to sneak the Broadcast Flag through the Senate in a giant appropriations bill (URGENT: Call your Senator RIGHT NOW or Live With the Goddamned Broadcast Flag Forever!). They have a handy list of Senators and their phone numbers for those who are on the subcommittee. Call, if you can.

cross posted to The Importance Of...

UPDATE 1740PT
From EFF: You Have 48 Hours to Stop the Broadcast Flag

EFF's action alert, geared to people with senators on the committee, is here. Public Knowledge also provides a number of excellent talking points in an email urging readers to phone their senators

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

June 16, 2005

The Church of CopyrightEmail This EntryPrint This Article

Posted by Ernest Miller

Responding to a post of mine on The Importance Of... (Record Companies Intend to Make Criminals of Us All), Prof. Michael Madison describes three different groups that will have different responses to the recording industries efforts to make sharing music with friends and family illegal (Casual Piracy). The names are mine, but seem to fit his structure:

  • Copyright Church Reformers
  • Copyright Church Fundamentalists
  • Copyright Unitarians

Comments (1) + TrackBacks (0) | Category: Big Thoughts

June 15, 2005

BSA Frustrated that People Actually Analyze Their Copyright Infringement 'Statistics'Email This EntryPrint This Article

Posted by Ernest Miller

A few weeks ago, Jason Schultz noted here that The Economist had found the BSA's copyright infringement statistics laughably inflated (The Economist Rails on Flawed BSA Piracy Study). Well, the BSA has responded in a letter to the editor, according to ArsTechnica (BSA Disgusted with Critiques of Their Inflammatory Piracy Loss Methodology):

SIR – Your article on software piracy was extreme, misleading and irresponsible ("BSA or just BS?", May 21st). The headline was particularly offensive. The implication that an industry would purposely inflate the rate of piracy and its impact to suit its political aims is ridiculous. The problem is real and needs no exaggeration.
Well, that shows The Economist, doesn't it? They better back off on their analysis or the BSA might respond with another empty denial.

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

June 9, 2005

Grease and Desist: The MusicalEmail This EntryPrint This Article

Posted by Ernest Miller

Prof. Michael Madison brings our attention to a case in which a stage production of Grease was halted by the rights organization because the female cast was going to play female students in an all-girls school putting on a performance of Grease. Got that? Theatre Follies. So, instead, they will be performing Grease and Desist,

the "gleefully, bad ass, unauthorized, '50's rock musical cabaret" that claims "If the creators of South Park and Charles Ludlum had met late one evening in a dark, smokey bar, done shots of jagermeister and danced -- THIS IS THE LOVE CHILD THEY WOULD HAVE HAD."

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

June 8, 2005

June 7, 2005

June 6, 2005

"Restricted Use" vs. "Licensed" WorksEmail This EntryPrint This Article

Posted by Ernest Miller

Prof. Michael Madison and I have been discussing what distinctions, if any, there are between works that are licensed and works that are sold as "restricted use". For example, a CD that only the buyer is permitted to play. The discussion includes guest commentary from Ed Felten and a digression into Creative Commons licensing.

UPDATE 1020PT 7 Jun 2005

One more from Madison: Licensing and Design

Comments (1) + TrackBacks (0) | Category: Big Thoughts

June 2, 2005

June 1, 2005

May 31, 2005

May 27, 2005

Broadcast Flag Rears Its Ugly Head in DTV Transition HearingsEmail This EntryPrint This Article

Posted by Ernest Miller

I don't normally cross-post, but...

As I predicted (New Bill to Mandate DTV Transition by Jan 2009), there are several Congressmembers pushing for the Broadcast Flag in the DTV transition bill that is being debated in Congress. According to TVTechnology.com, "Three particular points emerged at the hearing--set-top subsidies, the broadcast flag and predicating a deadline on the budget deficit" (Subsidies Are Sticky Point in DTV Draft Bill):

Several members indicated they'd seek a broadcast flag in any final DTV transition bill, including Reps. Jay Inslee (D-Wash.), Edolphus Towns (D-N.Y.), Elliot Engel (D-N.Y.) and Marsha Blackburn (R-Tenn.). No one actually came out against the flag. [emphasis added]
There is a lot of talk about the subsidy, but who cares? Subsidies will only matter for a couple of years, the changes the Broadcast Flag will implement will last essentially forever. Doesn't any of these representatives realize what a major change they would be making in our technology/innovation environment?
Rep. Elliot Engel, (D-N.Y.): "This is really a budget bill, not a telecom policy bill."
If you add the Broadcast Flag, it becomes a copyright/innovation/technology policy bill.

Now is not the time to give up on the Broadcast Flag! We need to explain to these Congressmembers that people aren't going to appreciate the change to DTV when they can't record a video for a friend who is out of town, or take copies of the kid's favorite shows to Grandma's when she babysits.

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

May 26, 2005

Blankenhorn to Hollywood: Stop the Madness!Email This EntryPrint This Article

Posted by Ernest Miller

Brother Dana Blankenhorn throws down the gauntlet in the copyfight; you're either for us or against us (The Way of Hollywood is Madness).

Let's be clear. Al Qaeda and the forces supporting them are Luddites. They aim to take their part of the world back to the Middle Ages. And they aim to take us down to the Middle Ages with them.

The Internet is the greatest weapon we have against tyranny in all its forms, especially this form. Any move against it is a move on behalf of the enemy.

So where do we go from here? I believe that if we don't move toward compromise on copyright we're pulling our own virtual Twin Towers down over our own heads, just to keep the enemy from doing it first.

Strong words.

Comments (1) + TrackBacks (0) | Category: Big Thoughts

May 23, 2005

Copyright Holder Nixes Performance of Play Due to Race of PerformersEmail This EntryPrint This Article

Posted by Ernest Miller

The Baltimore Sun reports that the copyright holders of Big River, which is based on Mark Twain's The Adventures of Huckleberry Finn, denied permission to C-SPAN to air a performance of a song from that play by high school students on a show that celebrated high school theatre (Racial Roles Bar Students from Show). The reason given by the copyright holder is that the role of Huck was played by an African-American student and the tole of the slave, Jim, was played by a white student.

Apparently, Mark Twain's great commentary on race relations in America could not be sullied by further commentary through cross casting.

When John Milewski, executive producer of Close Up, asked R&H Theatricals in New York - the Rodgers & Hammerstein organization, which holds the license on the play - for the right to air the students' performance, permission was denied. The reason was cross casting, R&H confirmed.

Bert Fink, a spokesman for R&H, said his organization is not against cross casting, citing a 1997 Wonderful World of Disney version of Cinderella that featured R&B artist Brandy in the lead. "But when you're dealing with a theatrical work and race or ethnicity is a key factor, many authors or playwrights feel strongly that ethnicity has to be reflected in the actors who portray the characters," he said.

"In the books, Jim is a runaway slave. He is clearly in the novel an African-American man. And Huck is a free white man - that is central to the story. To ignore that component or to comment on it by switching is not faithful to the story that the musical's authors are trying to tell."

Faithful? Faithful? Heck, it couldn't be more faithful to what Mark Twain was trying to accomplish. Bloody idiots.

UPDATE 0940

Siva Vaidhyanathan debates an IP lawyer commentator regarding the issue (Who is Copyright For?).

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

May 20, 2005

Intellectual Property Justice LeagueEmail This EntryPrint This Article

Posted by Ernest Miller

Copyfighters may want to visit the IP Justice League of America, "celebrating the only comic book of international super-star INTELLECTUAL PROPERTY POLICY super heroes!" Not much there yet, except some Warhol-esque portraits that rollover to declare:

  • Eblen Moglen - "Batman"
  • Larry Lessig - "Superman"
  • John Gilmore - "Green Lantern"
  • Robin Gross - "Wonder Woman"
  • Richard Stallman - "The Martian"
  • Ed Felten - "The Flash"
And the following:
Can the IP Justice League save Wil Wheaton from super-villain Jack Valenti? Will they defeat his evil army of psycho culture pirates!? Whose side is Avril Lavigne REALLY on??
I guess we'll just have to stay tuned to the same IP Justice League Channel, same IP Justice League time for more. How about an RSS feed instead, so I know when it is updated?

(And would this group actually call themselves the Intellectual Property League? Wouldn't they use some other term?)

via BoingBoing

Comments (5) + TrackBacks (0) | Category: Humor

May 18, 2005

David v. Goliath - Starring Warren Beatty as DavidEmail This EntryPrint This Article

Posted by Ernest Miller

According to the Chicago Sun-Times, actor Warren Beatty is in a licensing dispute with Tribune Media Services, which claims control over the Dick Tracy character (Beatty sues Tribune Unit over Dick Tracy Rights):

''The Tribune is a big, powerful company and they think they can just run roughshod over people. They picked the wrong guy,'' Fields [Beatty's lawyer] said.
via I Want Media

UPDATE 18 May 2005

Hmmmm, this explains things (Outlaw Productions and di Bonaventura Pictures Team to Bring Dick Tracy to Television)

The producers recently secured rights from Tribune Media Services (TMS), a division of Tribune Company, and will attach a writer over the next month. The plan is to pitch a modern take on the classic crime-fighting hero to networks this summer.
Actually, I would kind of like to see a Dick Tracy television show.

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

May 16, 2005

May the Farce Be With YouEmail This EntryPrint This Article

Posted by Ernest Miller

The Organic Trade Association has put together a satire (a satire, not a parody) using Star Wars to take on factory farming (the Dark Side) vs. organic farming (the Light Side). Read the press release: Entertaining New Star Wars Spoof Debuts on the Web, Touting Organic Food and Shining a Light on the "Dark Side of the Farm". The puppetry is fairly humorous and clever. What is especially cool, though, is that the short film has a Creative Commons license, Attribution, Non-Commercial, Share Alike to be precise.

View the satire here: Store Wars

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

May 13, 2005

St. Lawrence Univ. Abuses Copyright Law to Determine Identity of Anonymous BloggersEmail This EntryPrint This Article

Posted by Ernest Miller

According to Inside Higher Ed, St. Lawrence University (Founded April 3, 1856; oldest continuously coeducational institution of higher learning in New York State) has, in a stunning blow against freedom of speech, launched a lawsuit to determine the identities of a group of anonymous bloggers critical of the school (Cloaked in Cyberspace). See also, Central New York Business Journal, SLU Tries to Flush Out Naysayers With Copyright Suit.

The blog, Take Back Our Campus!, hasn't been updated since April 4, 2005, but is highly critical of St. Lawrence University, members of its faculty and students. The blog is frequently offensive and sophomoric, but then again, isn't this sort of thing how sophomores got their name?

In any case, it is odd that a university would launch a lawsuit to determine the identity of the anonymous bloggers. Hello? Freedom of speech. Nevertheless, I can understand that some speech might beyond the pale (that is why not all speech is protected by the First Amendment). So, what is even stranger, is the method through which the university seeks to determine the identities of the bloggers. The university hasn't launched a libel suit or something similar. The university is making specious claims of copyright infringement.

Read on for highlights from the complaint...

...continue reading.

Comments (5) + TrackBacks (0) | Category: IP Abuse

May 12, 2005

Record Labels Squashing Cover Ringtones?Email This EntryPrint This Article

Posted by Ernest Miller

Mobile Content News reports that major recording labels are pressuring cellphone carriers not to carry cover versions of hit ringtones (Labels Attempt To Monopolize Ringtone Industry):

“In our own situation, the labels have told the mobile operators that the non-original ringtones are “illegal” or would confuse the public (despite big disclaimers on most sited or ads stating they are not the originals),” said Slep [funder of cover ringtones provider MusicalContent.com]. “Because the mobile operators do not want any undue hassle and value their customer base so strongly, they have succumbed to the pressure tactics of the labels. Many of the aggregators that have supplied the operators with the polyphonic ringtones were forced to drop carrying the cover version material we supply under this pressure, or else the labels threatened to NOT supply the original version tracks.” [emphasis in original]
This is wrong on so many levels it isn't funny. Obviously, if these allegations are true (which wouldn't be surprising), we have the major record labels engaged in egregious anti-competive practices. Furthermore, why the heck is this even an issue? Apparently because the cellphone companies will only let you get ringtones through them. Why shouldn't you be able to download ringtones from any provider? Thank you, bogus telecommunications regulation that operates in conjunction with copyright to reinforce anticompetitive practices.

One strange aspect of this is that there is apparently an anonymous blog dedicated to ringtones by the artists themselves and against the cover versions ("The newest ringtones - truetones, polyphonics, wallpapers from the artists and record labels themselves") (Ringtone Releases).

via BillboardPostPlay

Comments (6) + TrackBacks (0) | Category: IP Abuse

May 11, 2005

Subcontinent Copyright WarsEmail This EntryPrint This Article

Posted by Ernest Miller

Fascinating article on the BBC regarding the copyright wars between India and Pakistan (How piracy is entrenched in Pakistan). Turns out that Pakistan is cracking down on copyright infringement of Western movies, but not on movies from India:

"I am sure that at some level, allowing piracy of Indian films was considered a smart act of industrial sabotage by the Pakistani policy makers," says Ameed Riaz, the head of EMI Pakistan.

"Basically, anything that hurt India was considered kosher."

It is no coincidence that the first - little noticed - copyright law adopted in Pakistan in 1962 expressly stated that it did not cover Indian intellectual property.

However, the effect, it seems, was to entrench Bollywood even further in Pakistani culture:
Not just that: Pakistan's fashion and modelling industry has come to be deeply dependent on the Indian film culture.

Event management companies in Karachi that organise weddings for the affluent say that many brides want the wedding stage to resemble a set from a particular movie.

The wedding set from Indian diva Aishwarya Rai's film, Hum Dil De Chuke Sanam, was replicated at so many weddings in Karachi that it became a joke.

Street jargon employed by Bollywood crime characters has become every Pakistani parent's nightmare. Even the mullah in the mosque - if he wants to be popular with his audience - will base his religious anthems on popular Indian film music tunes.

Very interesting.

via Hit and Run

Comments (6) + TrackBacks (0) | Category: Culture

May 10, 2005

Did Frank Zappa Invent Music Downloading in 1983?Email This EntryPrint This Article

Posted by Ernest Miller

Legendary musician Frank Zappa wrote an extremely interesting article on home taping back in 1983 (A Proposal for a System to Replace Ordinary Record Merchandising):

Every major record company has vaults full of (and perpetual rights to) great recording by major artists in many categories which might still provide enjoyment to music consumers if they were made available in the right way. MUSIC CONSUMERS LIKE TO CONSUME MUSIC . . . NOT PIECES OF VINYL WRAPPED IN PIECES OF CARDBOARD. [emphasis in original]
Read the whole thing. Very cool.

via MeFi

Comments (1) + TrackBacks (0) | Category: Big Thoughts

May 9, 2005

Hilary Rosen Laments Apple's DRM StrategyEmail This EntryPrint This Article

Posted by Ernest Miller

Hilary Rosen, formerly head of the RIAA, has a most hilarious column on the new Huffington Post. I double checked the date on the post, and it isn't April Fools. Miss Rosen is complaining that she can't buy music for her iPod that doesn't come from iTunes (Steve Jobs, Let my Music Go):

I spent 17 years in the music business the last several of which were all about pushing and prodding the painful development of legitimate on-line music. Now, the music fan is on the cusp of riches in their options - free of the viruses of the pirate sites. There are lots of places you can go for great music at good deals and with a deep catalog of songs from over the last 20 or 30 years. MSN.com, Rhapsody.com, aolmusic.com, even walmart.com. There are little players to make your favorite music even more portable than ever starting at as little as 29 bucks. Most every player device works at every one of these “stores” and it is pretty easy to keep all the songs, no matter where you got them, in a single folder or "jukebox" on your computer.
Hello? This was and is an obvious consequence of your DRM-ed world, Miss Rosen. Apple is simply doing what comes natural. Having insisted on the means for exclusion being legally protected (i.e. DMCA), Apple is using those means to exclude competitors. The only reason that the other companies mentioned aren't doing the same thing is because they are struggling to gain marketshare. Were they the dominant players in the market, they would be doing the same thing as Apple.
The problem is that the iPod only works with either songs that you buy from the on-line Apple iTunes store or songs that you rip from your own CD’s.
Well, only if you ignore the many smaller companies that sell unencumbered MP3s to their customers.
But those other music sites have lots of music that you can’t get at the iTunes store.
And they haven't licensed to Apple, why? Whose fault is that? Is it Apple's? Or is it the fault of your former clients?
If you are really a geek, you can figure out how to strip the songs you might have bought from another on-line store of all identifying information so that they will go into the iPod. But then you have also degraded the sound quality. How cruel.
Cruel? Miss Rosen is one of the main people who insisted on creating the environment for this cruelty. In any case, if you know what you're doing, you don't have to lose much in the way of sound quality ... unless the systems are designed to make such stripping of information result in poor sound quality. Then, of course, you could always strip the DRM, but that would be a crime, thanks in part to Miss Rosen.
But keeping the iTunes system a proprietary technology to prevent anyone from using multiple (read Microsoft) music systems is the most anti-consumer and user unfriendly thing any god can do. Is this the same Jobs that railed for years about the Microsoft monopoly? Is taking a page out of their playbook the only way to have a successful business? If he isn’t careful Bill Gates might just Betamax him while the crowds cheer him on. Come on Steve – open it up.
Is it the only way to run a successful business? No, but it is a very good way to run one. Jobs isn't going to open up his system until it makes business sense. Unfortunately, Miss Rosen hasn't provided a single argument as to why it makes good business sense for him to do so. Is DRM anti-consumer and user unfriendly? Heck, yes. But that didn't stop Miss Rosen for lobbying on its behalf.
Why am I complaining about this? Why isn’t everyone?
Many of us have been complaining for a long, long time. Of course, our voices may have been drowned out to a certain extent by all the propaganda emanating from the RIAA that music without the encumbrances of DRM is tantamount to piracy.

You can't have it both ways Miss Rosen. If you want DRM, someone is going to have to control that DRM. And if you don't think they won't use that control to their ultimate advantage, you obviously didn't learn anything from your association with the music industry.

Comments (24) + TrackBacks (1) | Category: IP Abuse

April 29, 2005

Mickey Mouse Joins Public KnowledgeEmail This EntryPrint This Article

Posted by Ernest Miller

Mickey Mouse has been saved, at least according to these undoctored photos showing the famous mouse hanging out with Public Knowledge president Gigi Sohn in Washington DC (Gigi 'N' Mickey).

In reality, the mouse statues are part of 75 InspEARations, a traveling exhibit of 75 Mickey Mouse statues with various designs. I saw the exhibit when it was at Disney's California Adventure. It was pretty disappointing (the statues, not just DCA). Instead of artists (as in many of the other city-wide statue projects), they were designed by celebrities who generally had no artistic sense and quotidian sensibilities. "Oh, gee, a Mickey Mouse made to look like a Lakers basketball player designed by Shaq." Sad.

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

April 6, 2005

Grokster Transcript AvailableEmail This EntryPrint This Article

Posted by Ernest Miller

Read all 55-pages of the Grokster oral argument transcript here: Grokster Oral Argument [PDF].

Courtesy of The Challenge of P2P, the blog for Prof. Pam Samuelson's "Peer-to-Peer (P2P) Technology: Legal and Policy Challenges" class at Berkeley this semester.

[UPDATE - April 7, 2005]

An easier-to-read format of the Grokster transcript: Transcript of MGM vs. Grokster oral arguments.

Comments (2) + TrackBacks (0) | Category: Announcements

April 5, 2005

ICANN ".travel" ScandalEmail This EntryPrint This Article

Posted by Ernest Miller

Many have forgotten about the procedural and regulatory abomination that is ICANN. But the folks at ICANN Watch have not, and they report yet another scandal regarding domain names. In this case, the bogus procedures that have allowed the international airline cartel (IATA) to take over the ".travel" domain by proxy (ICANN reveals ".travel" sponsor is a front).

Read the whole thing and wonder why ICANN is still in charge of the domain name system.

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

March 28, 2005

February 7, 2005

October 12, 2004

FvL on Grokster Cert PetitionEmail This EntryPrint This Article

Posted by Ernest Miller

As I noted on The Importance Of..., the MPAA and RIAA have filed a petition for a writ of certiorari with regard to the MGM v. Grokster decision (MPAA/RIAA Files Petition for Cert in Grokster Case). Over on Deeplinks, Fred von Lohmann explains some of the reasons why granting cert would not be a good idea (Big Media Attacks Betamax in Court):

Often described as the Magna Carta of the technology industry, the Betamax doctrine makes it clear that innovators need not fear ruinous litigation from the entertainment industry so long as their inventions are "merely capable of substantial noninfringing uses." In today's petition, the entertainment industry urges the Court to reverse that established rule and impose on innovators a "legal duty either to have designed their services differently to prevent infringing uses, or to take reasonable steps going forward to do so." Of course, on that view, Sony's Betamax VCR would never have seen the light of day, since Sony could have designed it differently (in fact, the movie studios suggested back in 1978 that Sony implement a "broadcast flag" system!) or modified it after Disney complained.
I certainly hope that the Supreme Court recognizes that courts aren't the best place to decide what innovation is permissible and what innovation is not and declines the cert petition.

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

October 4, 2004

Oregon's (Donald) DuckEmail This EntryPrint This Article

Posted by Ernest Miller

Oregon_Ducks_2.gifAn interesting story about a Disney character's use as a university mascot (Donald endures in hearts of Duck fans). It was a simpler time:

The university has had a web-footed mascot since at least the 1920s, when a live duck named Puddles surfaced at football and basketball games. A duck emblem was in use by 1933, and by 1936 it was starting to look more like Donald, catching the attention of Disney officials.

In 1947, Oregon Athletic Director Leo Harris shook hands with Walt Disney himself on an agreement to allow Oregon to use Donald as the mascot. The deal was put in writing in 1974 in a licensing agreement giving the university limited use of Donald at athletic venues.

Wow. A good-natured handshake agreement for almost thirty years.

Of course, such things could not be allowed to continue:

In 1991, the agreement was expanded to allow wider use of the likeness on sweatshirts, glassware and other merchandise.

The frenzied "charging duck" pumping his fists inside a large, eight-sided letter 'O' was a ubiquitous campus logo for years. It was eventually replaced as the UO marketing machine grew and felt confined by Disney's restrictive contract, which forbids the school from selling items with the Donald Duck logo beyond the Oregon border.

Although Donald is much beloved by Oregon fans, a stylized "O" will have to do for out-of-staters.

Ah well.

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

September 2, 2004

Know the Enemy 2: The LA Times Talks With Dan GlickmanEmail This EntryPrint This Article

Posted by Ernest Miller

Yesterday, I took a look at a Hollywood Reporter interview (Dialogue: Dan Glickman) with the new head of the MPAA, Dan Glickman (Know the Enemy: New MPAA Chief Dan Glickman). Today, the LA Times (reg. req.) interviews the new guy (New MPAA Chief Brings Bipartisan Skills to His Role).

Herewith, some thoughts on this interview.

Some have wondered why the MPAA has been so successful with members of the Republican Party, despite the fact that Hollywood, in general, provides much more support to Democrats. Well, those people can continue to wonder:

Almost everybody here [at the Republican National Convention] that I've met has been open, curious, friendly and positive. They all want to work with me…. I recognize that there are some who wanted a Republican in my job of president of the MPAA. But I think folks also wanted somebody good at consensus building and that would fight for the motion picture industry. Clearly the movie industry, and all the industries interested in creative and copyright protection, have a lot of friends here in the Republican Party.
What he has to say on copyright infringement:
I don't think that MPAA is anti-technology. But it's vital that we combat piracy with a three-pronged approach: improve [piracy deterring] technology, enforce the laws and educate people, largely the younger people, in high schools and universities....We are engaging Congress on piracy. There are several bills that predate my coming into this job that are aimed at addressing this issue. These bills will make it easy to go after pirates. I think what we need to do is make the standards [that allow law enforcement] to go after violators more realistic.
His take on the tech industry ought to send shivers up the spines of Silicon Valley types:
I have spent time with our technology people in Washington, trying to familiarize myself with the technology. But the bottom line is, we need to make it as difficult as possible for people to engage in piracy activities.
Read the whole thing. See also, Techdirt (Dan Glickman's Bad First Impression).

via digitalmerging.la

Comments (0) + TrackBacks (0) | Category: Interesting People

September 1, 2004

Know the Enemy: New MPAA Chief Dan GlickmanEmail This EntryPrint This Article

Posted by Ernest Miller

Yesterday, I noted an interview with retiring MPAA chief Jack Valenti (The Willful Blindness of Jack Valenti). Today, recognizing the official change of command, incoming MPAA chief Dan Glickman is interviewed by the Hollywood Reporter (Dialogue: Dan Glickman). Fortunately, or perhaps unfortunately, Glickman doesn't seem nearly as willfully blind as Valenti.

There a number of interesting tidbits in the interview, such as the fact that 70% of the MPAA's 250 employees are involved in anti-piracy work and that the anti-piracy office is "really where the interfaces with the studios" are. The MPAA will also continue to make itself heard in promoting draconian copyright laws through international treaty:

One of my goals is to use my background and experience in dealing with international trade issues, particularly as I was involved in the agricultural arena, to further the market-opening free-trade discussions.
It is practically Orwellian how "market-opening" in MPAA-speak means innovation-controlling, as the MPAA exports the DMCA around the world.

Of course, there is a hint of arrogance in Glickman's comments regarding Rep. Rick Boucher (D-VA)'s Digital Millennium Consumer Rights Act:

Obviously there's some support for the Boucher bill -- and I think it needs to be fought vigilantly -- but my judgment is that there's no imminent threat of passage. It's going to require vigilance on (the part of) folks like the MPAA, the (Recording Industry Association of America) and others. The battles have heated up even more in the last couple of years on this. Rick is actually an old friend of mine; we served together on the Judiciary Committee. I have to go in and teach him a few things when I get a chance. (Laughs)
Let us hope he finds his arrogance mistaken.

Most importantly, Glickman's main focus will be copyright issues at all levels:

Copying is an international plague; it's pure, downright theft. The question is: How do you deal with this in the modern, changing world? It's a multifaceted strategy. Specifically as it relates to the movie industry, it has to be a combination of aggressive law enforcement by state and federal authorities, use of litigation, civil litigation (and) education. I spent two years in a university at Harvard, and I would hope to use those talents in part of the (public relations) and educational strategy to further the work that has already been done on college campuses. (Also important is) being open to new technology, exploring with the people who create new technologies how one permits those technologies to flow and develop but at the same time respects the creator's rights.
Frightening language in its anti-innovation clarity: aggressive state law enforcement, how one permits technology to develop.

Glickman will be leading the charge from the other side of the copyfight, what he says and does is important.

Teleread is not pleased by the claimed bipartisanship of the new chief lobbyist (Dan Glickman takes over at MPAA while press continues the Great Snooze).

Comments (3) + TrackBacks (0) | Category: Interesting People

August 31, 2004

The Willful Blindness of Jack ValentiEmail This EntryPrint This Article

Posted by Ernest Miller

Engadget has launched a weekly new feature: interviews with those who shape the world of gadgets conducted by journalist JD Lasica. The first interview is with the MPAA's retiring president Jack Valenti (The Engadget Interview: Jack Valenti).

What is really scary about this interview is the profound ignorance, or is it, perhaps, "willful blindness" Valenti demonstrates.

Unclear on How Cryptography Works

I have said, technology is what causes the problem, and technology will be the salvation of the problem. I really do believe we can stuff enough algorithms in a movie that only the dedicated hackers can spend the time and effort to try to plumb through those 1,000 algorithms to try to find a way to beat it. In time, we’ll be able to do this, because I have great faith in the technological genius that’s out there.
Has Never Heard of 17 USC 107
There is no fair use to take something that doesn’t belong to you. That’s not fair use. If you’re a professor in a classroom, you show ‘Singing in the Rain’ to your class. You can fast forward it, and there’s no performance fee for that. That’s fair use. Now, fair use is not in the law. People are taking fair use and changing it to unfair use and claiming that it’s fair use.
Doesn't Realize that the MPAA Opposed TiVo to Go
So there are no restrictions that Hollywood wants to place on what people can do with media on their computers?

Well, I can’t tell you that. We have to see what the technology can provide.

Thinks Digital Things Last Forever
When you go to your department store and you buy 10 Cognac glasses and two weeks later you break two of them, the store doesn’t give you two backup copies. Where did this backup copy thing come from? A digital thing lasts forever.
Read the whole interview.

There are some interesting comments on the Engadget site and Slashdot hosts a vigorous discussion (Jack Valenti: The Exit Interview). Techdirt wishes Lasica was a little harder on Valenti (Jack Valenti... Misunderstanding The Digital World Right Up Until The End).

UPDATED 0655PT, 0745PT

...continue reading.

Comments (3) + TrackBacks (0) | Category: Interesting People

August 30, 2004

New York Times Editorial Board == CopyfightersEmail This EntryPrint This Article

Posted by Ernest Miller

We've discussed the definition of "copyfighter" before (IAAC - I Am A Copyfighter and Defining "Copyfighter"). Regardless of the details of the definition, I think we certainly have to add the New York Times Editorial Board to the copyfighter category. For example, here are a few recent editorials from the Times:

Grokster and the Information Exchange:

These are thorny issues indeed. Freedom of information is at the root of American democracy, and yet every day we see that freedom being compromised, controlled and limited. The Grokster decision is a ruling in favor of keeping our bets open about which technologies will turn out to serve our freedoms best.
A Digital Divide:
It would be better for consumers if Apple began licensing its digital rights management software, only because the iTunes Music Store will not be able to lock up access to all the copyrighted music in the world. But RealNetworks' contention that Apple is stifling freedom of choice is self-serving. You can play music from any CD on an iPod, once it has been digitally copied, and the device works on PC's and Macs.
In-House Advice:
That is not how Congress usually thinks about it. A good example is the so-called Induce Act, now under consideration, which would make it a crime to aid or induce copyright violations like illegal file-sharing.

But the bill is so loosely worded that it could threaten a host of legal information-sharing practices and technologies. That includes everything from the iPod to automatic online translation. Critics claim, with reason, that this overreaching bill would have deeply chilling effects on technological innovation.

Congress seems instinctively to side with those who instinctively want to put a chokehold on new technologies. It's always easier, after all, to try to protect what appears to be "an absolute, inviolable set of rights" than it is to find equitable new ground to stand on in the rapidly shifting debate over digital copyright.

Kudos to the NY Times Editorial Board for recognizing the importance of these issues and making their position clear.

Comments (4) + TrackBacks (0) | Category: Kudos

August 26, 2004

Patenting PunctuationEmail This EntryPrint This Article

Posted by Ernest Miller

New PunctuationWell, it seems that someone has patented some new forms of punctuation: WIPO Patent Publication No. WO9219458:

Using two new punctuation marks, the question comma and the exclamation comma: and respectively, inquisitiveness and exclamation may be expressed within a written sentence structure, so that thoughts may be more easily and clearly conveyed to readers. The new punctuation marks are for use within a written sentence between words as a comma, but with more feeling or inquisitiveness.
Seems that this is sort of an addition to the faddish punctuation known as the Interrobang.

via I/P Updates

Comments (1) + TrackBacks (0) | Category: Misc.

August 23, 2004

Posner Blogs on Fair Use and CopyrightEmail This EntryPrint This Article

Posted by Ernest Miller

Judge Richard Posner has gone on a blogging rampage while guest-blogging this week on Larry Lessig's blog. I have to say, I'm mighty disappointed that his favorite movie was Eight Heads in a Duffel Bag, I mean, please (The Changing of the Guard).

Anyway, he has been going after copyright issues with a vengeance. In one post he talks about a soon-to-be-published paper in which he advocates for a copyright registry to reduce the costs of extensive copyright terms (Fair Use and Licensing). The argument sounds similar to Lessig's that, after a certain point, copyright holders should have to pay a license fee to retain copyrig