Can Microsoft use the DMCA to kill competing Xbox 360 accessories?

9 06 2011

June 9, 2011

Can Microsoft remotely disable third-party accessories from working with the Xbox 360 and get away with it?

The Redmond, Washington software- and console-maker did just that, and claims copyright law gave it the right. At issue is Microsoft’s 2009 remote disabling of Datel memory cards, which prompted an antitrust lawsuit that lives on today—litigation that has morphed into the latest test of the Digital Millennium Copyright Act.

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The content in this post was found at http://arstechnica.com/tech-policy/2011/06/can-microsoft-use-the-dmca-to-kill-competing-xbox-360-accessories/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Copyright Office joins in: let’s make illegal streaming a felony

9 06 2011

On her first day as the new Register of Copyrights, Maria Pallante trekked across the street from the Library of Congress to the Rayburn Office Building for a House Judiciary Committee hearing on whether unauthorized Internet streaming should become a felony. “Copyright policy is never finished,” she told the assembled Representatives, adding that it’s time for another tweak to the law.

“It is clear that unauthorized copyrighted content is a significant problem that will only increase in severity if technology outpaces legal reforms,” she concluded.

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The content in this post was found at http://arstechnica.com/tech-policy/news/2011/06/copyright-office-supports-making-illegal-streaming-a-felony.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



RIAA-backed warrantless search bill advances in California & and passes

18 05 2011

– May 18 2011

If you run a CD or DVD duplication company and you’re based in California, you may soon be subject to warrantless searches in order to “fight piracy.” California Senate Bill 550, introduced by Sen. Alex Padilla (D-Pacoima), has slowly begun making its way through the state legislature as a way to cut down on counterfeit discs, but critics worry that it may open the door to Fourth Amendment violations.

Currently, commercial disc manufacturers in California must stamp unique identifiers onto their products as a way to separate commercial products from counterfeits. Discs without these identifiers are considered illegal, and those who mass produce knockoff discs for the black market can already be pursued as criminals under existing law.

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Apparently the measure passed and was put into law, Jan. 1, 2012. I would like a stronger source than what I’ve so far been able to find, but for now:

“A new anti-piracy legislation ( California SB 550) that was recently signed by California Governor Jerry Brown will help reduce music and movie piracy by allowing inspections and verification to ensure that large-scale disc replicating plants are complying with California anti-piracy laws. That law took effect January 1, 2012.”

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The content in this post was found at http://arstechnica.com/tech-policy/2011/05/riaa-backed-warrantless-search-bill-advances-in-california/ and http://www.ontoplist.com/post/31781eab11d1420332a14238ac1f13d3/ was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



France halts “three strikes” IP address collection after data leak

17 05 2011

May 17, 2011

The French government’s “three strikes” approach to online copyright infringement relies on a private company that scans file-sharing networks and gathers the IP addresses of alleged Gallic content pirates. But that company, TMG, suffered an embarrassing security breach last week, and the French government has “temporarily suspended” its acquisition of new TMG data while an investigation is underway.

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The content in this post was found at http://arstechnica.com/tech-policy/2011/05/france-halts-three-strikes-ip-address-collection-after-data-leak/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Videos from the 47 USC 230 Conference Now Online

26 04 2011

By Eric Goldman

Without any pretense of modesty, I think we have put on a number of first-rate High Tech Law Institute events over the years. However, unquestionably, the post-event buzz from our recent conference on 47 USC 230 has been as enthusiastic as any I can recall. Now, you can enjoy the event (or relive it, for those of you who were there) by watching the event’s videos, now online. I hope you’ll check it out.

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The content in this post was found at http://blog.ericgoldman.org/archives/2011/04/47_usc_230_videos.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Republishing Entire Newspaper Story is Fair Use–Righthaven v. CIO

23 04 2011

By Eric Goldman

April 23, 2011

Righthaven, LLC v. Jama, 2:10-cv-01322-JCM -LRL (D. Nev. April 22, 2011). See my comprehensive blog post on Righthaven from October.

[Note: A month ago, the judge orally dismissed the defendant in this case. Yesterday, the judge issued its written opinion articulating that ruling.]

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The content in this post was found at http://blog.ericgoldman.org/archives/2011/04/republishing_en.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



YouTube and its Amici File Their Briefs in the Viacom v. YouTube Appeal

14 04 2011

By Eric Goldman

April 14, 2011

I’m catching up with the YouTube-side briefs in the Viacom v. YouTube appeal. (See my analogous post on the Viacom-side briefs). Once again, Michael Barclay has been kind enough to organize the briefs into a single post.

The case library (also see the EFF’s helpful library):

* Public Knowledge amicus brief in support of YouTube.
* Professor Michael Carrier’s amicus brief in support of YouTube.
* National Venture Capital Association amicus brief in support of YouTube.
* National Consumers League et al amicus brief in support of YouTube.
* NAMAC et al amicus brief in support of YouTube.
* MP3Tunes amicus brief in support of YouTube.
* IP and Internet Law Professors amicus brief in support of YouTube.
* Human Rights Watch et al amicus brief in support of YouTube.
* EFF et al amicus brief in support of YouTube.
* eBay et al amicus brief in support of YouTube.
* Consumer Electronics Association amicus brief in support of YouTube.
* CCIA/NetCoalition amicus brief in support of YouTube.
* Anaheim Ballet et al amicus brief in support of YouTube.
* YouTube’s opening brief
* My comments on the Viacom amicus briefs
* MPAA/IFTA amicus brief in support of Viacom. CBS amicus brief in support of Viacom just endorsing the MPAA/IFTA brief.
* BMI et al amicus brief in support of Viacom.
* Business Software Association amicus brief in support of Viacom.
* Microsoft/EA amicus brief in support of Viacom.
* Advance Publication et al amicus brief in support of Viacom.
* Brotman/Cass/Nimmer amicus brief in support of Viacom.
* Washington Legal Foundation amicus brief in support of Viacom.
* Seven IP professors’ amicus brief in support of Viacom.
* International Intellectual Property Institute amicus brief in support of Viacom.
* Eight professors’ amicus brief in support of Viacom.
* American Federation of Musicians et al amicus brief in support of Viacom.
* Vobile amicus brief in support of neither party.
* Audible Magic amicus brief in support of neither party.
* APILA amicus brief in support of neither party.
* FAPL’s opening appellate brief.
* Viacom’s opening appellate brief.
* District court opinion granting summary judgment to Google. My blog post.
* Viacom’s summary judgment motion. My blog post.
* YouTube’s summary judgment motion. My blog post.
* FAPL’s initial complaint. My blog post.
* Viacom’s initial complaint. My blog post.

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The content in this post was found at http://blog.ericgoldman.org/archives/2011/04/viacom_v_youtub_1.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Feature: The next Napster? Copyright questions as 3D printing comes of age

5 04 2011

April 5, 2011

The Penrose Triangle is as elegant as it is impossible—much like M.C. Escher’s drawings, it presents a two-dimensional illusion that the eye interprets as three-dimensional. The task of effectively creating this illusion in three dimensions, without resorting to hidden openings or gimmicky twists, seemed daunting until a Netherlands-based designer named Ulrich Schwanitz succeeded in printing the object recently. But Schwanitz, who posted a YouTube video of his design achievement in action, wouldn’t share his secret with the world. Instead, he made his “impossible triangle” available for purchase through Shapeways, a company that fabricates custom 3D designs, for $70.

Within weeks of Schwanitz’s “discovery,” however, a 3D modeler (and former Shapeways intern) named Artur Tchoukanov watched the video and figured out how to recreate the shape. He then uploaded instructions to Thingiverse, an open-source repository of 3D models and content. BoingBoing picked up the story (well, part of it), and “wrongly” credited Tchoukanov as the initial creator of the object.

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The content in this post was found at http://arstechnica.com/tech-policy/2011/04/the-next-napster-copyright-questions-as-3d-printing-comes-of-age/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Federal judge rejects Google book monopoly

22 03 2011

March 22, 2011

The federal judge overseeing the Google Books case dealt a setback to Google and the publishing industry on Tuesday by rejecting a massive proposed settlement. Judge Denny Chin wrote that the latest iteration of the settlement “is not fair, adequate, and reasonable” because it would give Google a de facto monopoly in the book search market and adversely affect the rights of millions of copyright holders.

The fight over Google Books has been brewing since Google announced its book-scanning project in 2004. A coalition of authors and publishers sued the following year, and in 2008, a settlement was announced. It has attracted a growing army of critics, including the US government.

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The content in this post was found at http://arstechnica.com/tech-policy/2011/03/judge-rejects-google-book-monopoly/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Did file-sharing cause recording industry collapse? Economists say no

22 03 2011

March 23, 2011

For the last decade, the movie and music industries have engaged in a relentless struggle against Internet file sharing. One prominent theater of this global conflict has been the UK, which last year saw the passage of the Digital Economy Act. The law, if fully implemented, could allow Internet Service Providers to disconnect “persistent infringers” of the UK’s copyright rules from the ‘Net.

The zeal with which Hollywood and the recording industry have pursued this ISP-as-cop approach around the world has prompted some ISPs to cry foul. “The notion of disconnection without judicial oversight violates the presumption of innocence,” warned the Australian DSL service iiNet in a recent position piece . “As the penalty for possibly minor economic loss (at the individual infringer level) removal of Internet access is, therefore, both inappropriate and disproportionate.”

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The content in this post was found at http://arstechnica.com/tech-policy/2011/03/is-file-sharing-the-global-future/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.