Saturday, April 30, 2011

Why The Copyright Industry Isn’t a Legitimate Stakeholder in Copyright

By Rick Falkvinge
Torrent Freak | Article Link

When the copyright monopoly and its future development is discussed, parties called “stakeholders” are frequently invited to discuss its wording and principles. Yet, current lawmakers have forgotten the reason the monopoly exists in the first place.


All through the history of copyright, its motivation has been very clear. In the United States Constitution, it is worded “to promote the progress of science and the useful arts”. But the purpose of the monopoly is to maximize the available culture. Nothing more and nothing less.


Thursday, April 28, 2011

What's at Stake in the Shirelles' Lawsuit Against Warner Bros. Over Broadway's 'Baby It's You'

By Eriq Gardner
THR, Esq. | Article Link

On the day that Warner Bros. premiered its new Broadway musical, Baby It's You, surviving members of pioneering American girl group The Shirelles have filed a lawsuit against the studio for using their names and likenesses in connection with the show.


According to the musical's synopsis, Baby It's You tells the story of Florence Greenberg, the woman who changed the recording world forever when she discovered The Shirelles and created Scepter Records, becoming the music industry's first female powerhouse.


Is Netflix Reducing Illicit File Sharing? Depends on Which Stats You Believe

By Ryan Singel
Wired | Article Link

Arbor Networks's traffic analysis of IPv4 applications based on payload analysis in a small number of North American consumer providers from August 2010 to February 2011. Courtesy Arbor Networks.

Netflix, the DVD-by-mail company that turned into a streaming-movie giant, now has nearly as many subscribers as Comcast. In the evenings, Netflix accounts for more than 40 percent of U.S. bandwidth usage, by some measurements.


Those astounding numbers are leading some to wonder whether Netflix is reducing the amount of peer-to-peer file sharing, once the easiest way to find movies to watch.


Wednesday, April 27, 2011

ICE Uses Seized Domains for Best Anti-Piracy Video Ever

By David Kravets
Wired | Article Link


The U.S. Immigration and Customs Enforcement bureau is hoping to lay a little guilt on movie downloaders by dramatizing the stark human toll BitTorrent inflicts on Hollywood boom mic operators … or something.


Sony Faces Lawsuit, Regulators’ Scrutiny Over PlayStation Breach

By Cliff Edwards, Karen Gullo & Michael Riley
Bloomberg | Article Link

The Sony intrusion is the latest in a series
of high-profile online security breaches
in which customer data has been stolen.
Photographer: Robert Gilhooly/Bloomberg
Sony Corp. (SNE)’s network entertainment unit faced a legal and regulatory backlash over delays in telling 77 million subscribers that their personal account data may have been stolen by a hacker.

A lawsuit filed yesterday in federal court in San Francisco alleges the delay left PlayStation console users exposed to losses related to any credit-card data theft. Officials in Connecticut, the U.K. and Ireland began inquiries.


See also: Playstation Network Hack: Who Did It? (Wired) 


Friday, April 22, 2011

Apple Reportedly Signs Licenses with Major Music Labels for iTunes Streaming

By Josh Ong
AppleInsider | Article Link

A new report claims that Apple has succeeded in procuring deals with at least two of the four big music labels in the last two months, possibly signaling that the rumored iTunes streaming music service is imminent.


Peter Kafka of All Things Digital reported Thursday that Apple is "actively seeking licenses" for a new cloud-based music locker service and is willing to pay labels for the privilege.


According to Kafka's sources, Apple has inked deals with two of the for major labels, which include Universal Music Group, Warner Music Group, Sony and EMI within the last two months. One source claimed Apple VP Eddy Cue will be in New York on Friday in an attempt to solidify remaining deals.


Meet the Lawyers Featured in Morgan Spurlock's 'Greatest Movie Ever Sold'

By Jonathan Handel
THR, Esq. | Article Link

The legal experts enlighten and entertain in the product-placement adventure.


THR, Esq. Presents: The Greatest Blog Post Ever Written,” By Jonathan Handel, Edited by Matthew Belloni, Inspired by Morgan Spurlock’s “Pom Wonderful Presents: The Greatest Movie Ever Sold,” Based Upon a Story Suggestion By Frankfurt Kurnit Klein & Selz PC’s Marc Handelman, and with the Assistance of Block-Korenbrot Public Relations on Behalf of Its Client Sony Pictures Classics.

Prince Wants to Make Covering Songs Illegal—Specifically, Prince's Songs

By Sean O'Neal
A.V. Club | Article Link

Prince, the world’s biggest Prince fan, has a reputation for maintaining a tyrannical hold over his music, even going so far as to sue his own devotees for using his songs and likenesses in their worshipful websites, and also take them away from toddlers. Now he’s out to extend that imperial control even further, saying during an interview on George Lopez’s Lopez Tonight that he’d like to see the laws changed to ensure that no one can cover one of his songs. Remarking on the compulsory licensing of copyright that allows artists to rework other artists’ hits, Prince said, “That doesn't exist in any other art form, be it books, movies. There's only one version of Law And Order. There's several versions of 'Kiss' and 'Purple Rain'."

Thursday, April 21, 2011

Oh Tenenbaum

By Terry Hart
Copyhype | Article Link

Stories of heroic legal battles, typically involving underdogs fighting against all odds for truth and justice, are popular fodder for books and films.


Gideon’s Trumpet tells the tale of a poor, uneducated man, in and out of jail most of his life, who doggedly pushes his latest conviction all the way to the Supreme Court and wins — in turn, setting the precedent that the Constitutional right to an attorney applies in State courts.


The Buffalo Creek Disaster recounts the aftermath of a devastating coal mining disaster that wiped out a West Virginia town and the efforts of a group of attorneys to hold the mining company responsible for failing to prevent the bursting of the dam.


Obama, FCC Ask for Indecency Ruling

By Ted Johnson
Variety | Article Link

Supreme court decision could set up programming showdown.


The Obama administration and the FCC are asking the Supreme Court to rule on whether its policy of fining broadcasters for indecent material is constitutional, setting up a potential showdown with implications on the government's ability to regulate program content. The Justice Department, acting on behalf of the FCC, filed a write of certiorari with the high court on Thursday, after a federal appeals court earlier this year threw out a $1.2 million fine on ABC stations over a 2003 episode of "NYPD Blue" that showed a brief clip of a woman's naked behind.


Wednesday, April 20, 2011

Is There Too Much Free Speech on Facebook? Maybe, Says A Facebook Lobbyist

By Audrey Watters
Read Write Web | Article Link

Rumors have been circulating for some time now that Facebook is poised to make its entry into China - one of the few remaining countries in which the social network has no presence. As it stands, Facebook is currently blocked in China.


But entry into China isn't as simple as unblocking access or launching a Chinese-language version. Should Facebook enter China (or "when Facebook enters China," rather), it is likely it will be required by the Chinese government to censor material and hand over user data.


That requirement is something that Google has struggled with, eventually withdrawing from mainland China last year. While Google remains the largest search engine in the world, that status doesn't extend to China where Baidu dominates. Interestingly, some of the rumors of Facebook's entry into China involve a partnership with the Web services company.


Dr. Dre Wins ‘Chronic’ Lawsuit

By Ben Sisario
New York Times | Article Link

Dr. Dre has won a lawsuit against the owners of his former record label, Death Row, over the digital rights and royalties for his hit 1992 album “The Chronic.”


Dr. Dre, whose real name is Andre Young, founded Death Row with Suge Knight, and left the company in 1996. Death Row went into bankruptcy in 2006, and three years later the label’s assets were bought by WIDEawake Entertainment Group. In the suit, filed last year in United States District Court in Los Angeles, Dr. Dre contended that from 1996 until Death Row’s bankruptcy, “not a dime of royalties had been paid,” and that the label had been selling digital versions of “The Chronic” without permission.


Monday, April 18, 2011

When Appropriation Masquerades as Reconceptualized Art

By Eric Felton
Wall Street Journal | Article Link

Richard Prince has long reveled in his pose as a postmodern pilferer of other people's images—in being what's known as an "appropriation artist." Most famously, in 1980 he began taking pictures of Marlboro Man magazine advertisements—rephotographing them—stripped of logos and text. And now his sticky-fingered status has been officially confirmed by U.S. District Judge Deborah Batts, who slammed him this week for not just appropriating, but misappropriating, dozens of works from another artist. The ruling has the art world's appropriators reeling—one blogger called the ruling "kafkaesque"—as the rarefied, anything-goes realm of conceptual art runs up against the hard-nosed realities of intellectual-property rights.

Friday, April 15, 2011

Anti-Internet Piracy Laws 'Infringe Human Rights'

By Christopher Williams
The Telegraph | Article Link

ISP and rights holders are discussing a voluntary regime
of website blocking.  Photo: ALAMY
Laws designed to block access to piracy websites have been thrown further into doubt after a senior advisor to EU judges suggested such measures could infringe human rights.

Advocate General Pedro Cruz Villalón said similar laws in Belgium brought in to force broadband providers to detect and block unlawful filesharing were “a restriction on the right to respect for the privacy of communications and the right to protection of personal data”.


Thursday, April 14, 2011

How YouTube's New Copyright School Will Work

By Eriq Gardner
THR, Esq. | Article Link

Given its various legal tussels over the years, we found it funny that YouTube is now requiring those who are flagged for copyright abuse to watch a nearly five minute cartoon meant to educate users about the site's copyright policies.


According to YouTube's blog, the company has modified its procedure once a user is notified for putting up a video that allegedly infringes upon someone else's copyrighted material. Under the old system, users got "strikes," and multiple violations could result in an account suspension. YouTube now says that the "one-size-fits-all suspension rule doesn’t always lead to the right result," so it has begun a program whereby flagged users go to "YouTube Copyright School" and can get strikes removed upon successful completion of the program.


Entrepreneurs Plan To Legalize and Monetize Illegal Music

By enigmax
Torrent Freak | Article Link

As millions of tracks continue to be shared online every day without permission from copyright holders, it is clear that the ‘free music’ genie is well and truly out of the bottle. In the hope of returning revenue from these sources, a brave new system is aiming to legalize illicit music – even if it came from a torrent site, cyberlocker or friend’s hard drive.


What if someone came up with a revolutionary new product to turn piracy into profit that didn’t hurt consumers and actually embraced pirates? What if that system thrived on the very existence of illicit music being made available from torrent, cyberlocker and other sites? What if it could monetize the illicit music already available online and elsewhere?


Wednesday, April 13, 2011

With Court Order, FBI Hijacks ‘Coreflood’ Botnet, Sends Kill Signal

By Kim Zetter
Wired | Article Link

Updated 7:30 p.m. with information about the late-afternoon filing from the government, and with comment from EFF.

In an extraordinary intervention, the Justice Department has sought and won permission from a federal judge to seize control of a massive criminal botnet comprising millions of private computers, and deliver a command to those computers to disable the malicious software.


Monday, April 11, 2011

Who Profits from Piracy? By Ellen Seidler

By Chris Castle
Music • Technology • Policy | Article Link

Thursday, April 7, 2011

Google Defends Commitment to Copyright At Congressional Hearing Despite Doubts

By Antony Bruno
Billboard | Article Link

Digital piracy took center stage again yesterday, when the House Judiciary Intellectual Property Subcommittee held the second part of a two-part hearing entitled "Promoting Investment and Protecting Commerce Online: Legitimate Sites v. Parasites, Part II."


The main event was the testimony of Google general counsel Kent Walker, who aggressively defended Google's commitment to content protection amid a grilling from the congressional representatives who felt the company needs to do more.


Walker pointed to the Content ID system Google built for YouTube, which scans videos as they are uploaded in real-time and identifies which have copyrighted content. He also pointed out Google's decision to remove the Grooveshark music app from the Android Market, no doubt an action taken with the timing of the testimony in mind.


Wednesday, April 6, 2011

5 Mistakes “Anti-Copyrights” Constantly Make

By Jonathan Bailey
Plagarism Today | Article Link

In the copyright debate, if you listen to the news and what others have to say, there are primarily two sides: Large copyright holders and other copyright extremists who take a maximalist view of the law and anti-copyrights and extreme copyright reformers that seek to either eliminate or drastically reduce copyright.

A few weeks ago I talked about common mistakes I see from the first camp, including ignoring licensing, not looking at other factors, misguided lawsuits, etc. Now it’s time to bring some balance to the discussion and talk about mistakes that the other side seems to be constantly making when presenting their arguments and taking their various legal actions.


Disney, Jim Henson Sued Over 'Muppet Workshop' Royalties

By Eriq Gardner
THR, Esq. | Article Link

Ever wonder how muppets procreate? Um, they don't. Children build muppets at FAO Schwarz stores and Disney theme parks and eventually, these muppets go on to tweet themselves silly and star in viral Internet sensations like this Kanye West parody. But back up for a moment. Muppets are born where and how?

The former executive producer of Married ... With Children details muppet genesis in a new lawsuit against the Walt Disney Co., the Jim Henson Co. and The Muppets Studio. The plaintiff claims it was his idea to create a Muppet Workshop, allowing people to design their own Muppets. Disney ran with that idea, he says, and he was stiffed out of his royalty percentage.


Tuesday, April 5, 2011

The Legal Side of Bob Dylan

By Nate Schweber
New York Times | Article Link

Photo: Tina Fineberg of the New York Times
Pete Kennedy, left, and fellow panelists expounding on Bob Dylan the jurisprudential theorist at Fordham.
















With the lights dimmed and the audience sitting rapt, a man with an acoustic guitar took the stage and sounded the opening chords to Bob Dylan’s “Hurricane.”

But this was no concert; there would be no encores or bows. Mr. Dylan’s powerful lyrics were the focal point, but not so much the performance of them. Instead, this was an examination of how Mr. Dylan’s music has influenced the American judicial system.


Mobile-App Makers Face U.S. Privacy Investigation

By Amir Efrati, Scott Thurm & Dionne Searcey
Wall Street Journal | Article Link

Federal prosecutors in New Jersey are investigating whether numerous smartphone applications illegally obtained or transmitted information about their users without proper disclosures, according to a person familiar with the matter.




The criminal investigation is examining whether the app makers fully described to users the types of data they collected and why they needed the information—such as a user's location or a unique identifier for the phone—the person familiar with the matter said. Collecting information about a user without proper notice or authorization could violate a federal computer-fraud law. Online music service Pandora Media Inc. said Monday it received a subpoena related to a federal grand-jury investigation of information-sharing practices by smartphone applications.


Monday, April 4, 2011

Robot Overlords: Should Artificial Intelligences Be Granted Civil Rights?

By Alex Knapp
Forbes | Article Link

The folks at Singularity Hub pose the following question — if/when an artificial intelligence is created that matches the intellect of a human, should such intelligences be granted full civil rights?


"Whenever you think an artificial intelligence will match your own intellect, what should we do with it as it arrives? Are these things just machines that we can use however we want? If they do have civil rights, should they have the same rights as humans? Can they own stuff? Can they vote?"


I think this both poses some interesting questions but also illustrates some of the inherent absurdities of the very concept of general artificial intelligence that is sentient poses. The thing about an artificial intelligence, presuming that it’s computer-based, is that at some level, it’s inherently going to be programmed. In Isaac Asimov’s robot stories, every robot was equipped with the “Three Laws of Robots” — safeguards that, in theory, meant that intelligent robots wouldn’t harm humans and would obey them.


MPAA Files Copyright Suit Against Zediva

By Greg Sandoval
Media Maverick | Article Link

The trade group representing the six major Hollywood film studios filed a copyright suit in federal court against online video distributor Zediva today.

The suit has started the process that almost certainly will end with Zediva's demise.


"Zediva illegally streams movies to its customers without obtaining required licenses from the movie studios," the Motion Picture Association of America (MPAA) said in a statement today. "Zediva claims it is like a brick-and-mortar DVD 'rental' store and therefore not obligated to pay licensing fees to copyright holders. But the DVD 'rental' label is a sham. In reality, Zediva is a video-on-demand service that transmits movies over the Internet using streaming technologies in violation of the studios' copyrights."


Saturday, April 2, 2011

Music Industry Will Force Licenses on Amazon Cloud Player — or Else

By Jacqui Cheng
Wired | Article Link


Amazon’s decision to launch its new Cloud Player without securing additional music licenses has been described as a “bold move” by many observers. It takes serious guts for Amazon to simply declare that it doesn’t need licenses — especially when even casual observers know the music industry thinks otherwise.


Still, this isn’t a one-dimensional issue, and the law has yet to deal much with services like Amazon’s. Record companies fantasize about huge revenues from streaming services, and they fear digital lockers like the plague.

Friday, April 1, 2011

Music, The Man and the P2P Rebellion: Are Copyrights the Vietnam of Today’s Youth?

By Moses Avalon
Moses Supposes | Article Link

Where once pop music was the soundtrack of the revolution, now it’s the revolution’s object. Clearly this is not your daddy’s sit-in. But today’s youth may be in for a rude awakening when they realize what they are really rebelling against– their own freedom.


Moses Avalon


I grew up in the aftermath of the “hippie” era; the one that made political protests into a social activity. You risked arrest to end the Vietnam War– and met girls. Music was the rallying point. It gave the movement momentum.


Today, it seems, music is at the center of a different kind of youth revolution, one whose values are far different from their parents. Where once pop music was the soundtrack of the revolution, now it’s more or less, the revolution’s object, manifesting as the “right” to free music. Or as the P2P culture would put it: the right to access information and liberate music from the shackles of “Big Content” who can not accept the death of copyrights.


Studio Suing BitTorrent Pirates Does Not Own the Movie, Records Show

By David Kravets
Wired | Article Link

A film company suing 5,865 BitTorrent downloaders over the flick Nude Nuns with Big Guns doesn’t own the rights to the movie, according to court documents and interviews.

Incentive Capital of Utah took ownership last month of the B-rated flick about a sister who is “one Bad Mother.” Yet two weeks after Incentive Capital foreclosed and assumed Camelot Distribution Group’s titles because of an allegedly soured loan, Camelot filed a mass copyright lawsuit (.pdf) on behalf of Nude Nuns claiming it owned the rights.