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Danny Thorne

Intellectual property - Wikipedia, the free encyclopedia - 0 views

  • some scholars question the legitimacy and philosophical basis of such laws
  • the particular form or manner in which ideas or information are expressed or manifested, and not in relation to the ideas or concepts themselves
  • The shift in terminology towards "intellectual property" has coincided with a more general shift away from thinking about things like copyright and patent law as specific legal instruments designed to promote the common good and towards a conception of ideas as inviolable property granted by natural law.[8] The terminological shift coincides with the usage of pejorative terms for copyright infringement such as "piracy" and "theft".
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  • the "property" referred to in "intellectual property" is the rights, not the intellectual work.
  • still encourages a natural rights notion rather than a recognition that the rights are purely statutory, and it only characterizes the "property" rather than eliminates the property presupposition.
  • in the United States physical property laws are generally part of state law, while copyright law is in the main measure federal
  • The backronyms intellectual protectionism and intellectual poverty, whose initials are also IP, have found supporters as well, especially among those who have used the backronym digital restrictions management.
Danny Thorne

DigitalConsumer.org Overview - 0 views

  • You buy a CD but can't take it to the gym. The Audio Home Recording Act legalized our right to copy music for personal use -- for example, making a tape of a CD to use in a Walkman. But new copyright legislation makes it a crime to extract music from copy-protected CDs. You pay for cable but you aren't allowed to use your VCR. In the Betamax case, the Supreme Court ruled that making a copy of a TV show was a legal, non-infringing use of broadcast content. But new HDTV standards will make it illegal to copy a digital broadcast without the permission of the TV station. You buy a DVD but you can't watch it the way you want to. It seems obvious that users should have the ability to fast-forward and rewind movies as they see fit. But new copyright laws threaten that right: it is a crime to sell a DVD player that would allow a consumer to fast-forward through the ads at the beginning of a DVD! You own an electronic book, but you can't lend it to your son at college. Your right to lend a physical book is protected by the "first sale doctrine." This law states that purchasers of copyrighted works such as music or books have the right to dispose of the works in any way that they wish: they can sell them, loan them, rent them, or give them away. But new copyright laws criminalize all of those activities for digital content such as electronic books.
Danny Thorne

Anti-copyright - Wikipedia, the free encyclopedia - 0 views

  • Enforcement mechanisms such as digital rights management endanger existing consumer rights like fair use, and can be used to further tie creators to the corporate entities that control this technology since even a use which may be legally considered fair use may be hampered or rendered impossible by the technological restrictions. "Trusted computing" platforms may refuse to play, display or execute content that is not properly "certified" by central authorities.
  • Article 8 of the Berne Convention may have a chilling effect on freedom of speech
  • without copyright, it would be possible to use DRM without limitations, and fair use and copyleft would be impossible.
nagareochiru

Science Fiction Writer Robert J. Sawyer: Y3K: Artificial Intelligence - 0 views

  • Within a century, it will be possible to scan a human mind and reproduce it inside a machine. Regardless of whether our minds are just very sophisticated analog computers, or whether they have a quantum-mechanical element (as Roger Penrose proposes), we will nonetheless be able to duplicate them artificially.
  • Already, at the close of the second millennium, a transhumanist movement has begun; Christopher Dewdney is the principal Canadian spokesperson for it. This movement holds that uploading our consciousness into machines is desirable, since that will free us from biological aging and death. On the other hand (a decidedly biological metaphor), there is more to being human than just the networks of synapses in our brains; clearly, much of what we are is tied in intimately with our bodies. We may find that uploaded humans are not happy — indeed, are incapable of happiness or any emotion.
  • Just as laws today are moving toward recognizing a woman's right to control her body and any separate sentience that may be contained within it, so too will the laws of the future recognize the right of humans to upload their consciousness and then dispose of the original biological versions of themselves; such eliminations will not be seen as suicides or murders, but rather as a natural, perfectly legal step, eliminating a no-longer-needed biological container and preserving the uniqueness of the individual.
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  • It may, in fact, be dangerous to build conscious machines that are more intelligent than we are; just as intelligence may be an emergent property of sufficiently complex systems, so too may ambition and desire be emergent properties of sufficiently intelligent systems.
  • Although we used to consider the mastery of chess to be the pinnacle of human intellectual achievement, we've had to concede that it is simply a mathematical problem, and even today's primitive computers can do it better than the most skilled human. But there are other realms — including art, philosophy, and scientific theorizing — that, because of their intuitive, nonlinear nature, we may always be better at than any machine. Our AI servants may free humanity at the dawn of the fourth millennium to concentrate on these areas.
Erika Foreman

National Writers Union - Publication Rights Clearinghouse - 0 views

shared by Erika Foreman on 09 Mar 08 - Cached
  • The Publications Rights Clearinghouse (PRC) is a collective licensing agency for writers. It collects royalties on behalf of writers from publishers with whom it has agreements for distributing such royalties.This is similar to collective licensing for songwriters.
  • riters give the PRC permission to act as their agent in licensing secondary rights to their previously published articles.
  • When the PRC signs an agreement with a secondary user, it collects the copyright fees from that publisher and distributes the royalties to its enrollees.
Danny Thorne

US CODE: Title 17,101. Definitions - 0 views

  • A “computer program” is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
  • “Copies” are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “copies” includes the material object, other than a phonorecord, in which the work is first fixed.
  • “Copyright owner”, with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right.
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  • A work is “created” when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.
  • “Literary works” are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied.
  • “Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.
nagareochiru

Star Trek - Wikipedia, the free encyclopedia - 0 views

  • The protagonists are essentially altruists whose ideals are sometimes only imperfectly applied to the dilemmas presented in the series. The conflicts and political dimensions of Star Trek form allegories for contemporary cultural realities; Star Trek: The Original Series addressed issues of the 1960s,[2] just as later spin-offs have reflected issues of their respective eras. Issues depicted in the various series include war and peace, authoritarianism, imperialism, class warfare, economics, racism, human rights, sexism and feminism, and the role of technology.[3]
  • The Star Trek franchise is believed to have motivated the design of many current technologies, including the Tablet PC, the PDA, mobile phones and the MRI (based on Dr. McCoy's diagnostic table).[37] It has also brought to popular attention the concept of teleportation with its depiction of "matter-energy transport."
nagareochiru

Science Fiction Writer Robert J. Sawyer: Isaac Asimov (Toronto Star) - 0 views

  • Dr. Asimov, 65, is a severe critic of Star Wars. "I'm against it, not because I'm a science-fiction writer, and therefore have special knowledge, but because I like to think I'm a sane human being." He believes Star Wars is a dangerous waste of money. "They're talking about spending $33 billion on research related to Star Wars. We're going to withdraw money from needed aspects of developing knowledge in order to set up something that probably won't work and even if it does work, won't do us any good."
  • Part of the problem with Star Wars is that it will take years to develop. "If I were the Soviet Union, I would have spent all this time trying to work up methods to penetrate the shield," said Asimov, who was born in Russia but grew up in New York. "I have a strong suspicion it would be cheaper to penetrate the shield than to set it up. "And if we're in real danger of a nuclear war now, trying to set up something for the middle of the 21st century isn't going to do us any good. In fact, by filling us full of false confidence, we're not going to make a strong enough effort to prevent war now."
  • "There are science-fiction writers, notably myself and Arthur C. Clarke, who were anti-Vietnam and are anti-Star Wars," said Asimov. Clarke, the author of 2001: A Space Odyssey, was born in England and lives in Sri Lanka. "Clarke was howled down once by someone saying as a non-American citizen he had no right to make comments about Star Wars. That's an extremely stupid remark. "If you have no right to decry the policy of a country unless you are a citizen of that country, why the hell is Reagan always yelling about the Soviet Union? Is he a Soviet citizen?"
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  • "I'm convinced nuclear winter is actually something that will happen," said Asimov. "Unless we're completely insane, we don't dare take the chance. So what the hell good is this whole damned thing?"
Danny Thorne

WIPO Understanding Copyright and Related Rights - 0 views

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nagareochiru

Fahrenheit 451 - Wikipedia, the free encyclopedia - 0 views

  • It is a critique of what Bradbury saw as an increasingly dysfunctional American society, written in the early years of the Cold War.
  • Bradbury has stated that the novel is not about censorship; he states that Fahrenheit 451 is a story about how television destroys interest in reading literature, which ultimately leads to ignorance of total facts.[3]
  • Anyone caught reading books is, at the minimum, confined in a mental hospital, while the books are taken away and burned; at the maximum, the penalty is a sentence to immediate death. The main books that are not allowed are those, of great and famous works of literature, by many famous writers, such as Dickenson, Poe, Twain, and others.
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  • Mechanical Hound The mechanical hound exists in the original book but not in the 1966 film. It is an emotionless, 8-legged killing machine that can be programmed to seek out and destroy free thinkers, hunting them down by scent. It can remember as many as 10,000 scents of others it is tracking down. The hound is blind to anything but the destruction for which it is programmed. It has a proboscis in a sheath on its snout, which injects lethal amounts of morphine or procaine.
  • Captain Beatty claims that society, in its search for happiness, brought about the suppression of literature through an act of self-censorship and that the totalitarian government merely took advantage of the situation.
  • In writing the short novel Fahrenheit 451 I thought I was describing a world that might evolve in four or five decades. But only a few weeks ago, in Beverly Hills one night, a husband and wife passed me, walking their dog. I stood staring after them, absolutely stunned. The woman held in one hand a small cigarette-package-sized radio, its antenna quivering. From this sprang tiny copper wires which ended in a dainty cone plugged into her right ear. There she was, oblivious to man and dog, listening to far winds and whispers and soap-opera cries, sleep-walking, helped up and down curbs by a husband who might just as well not have been there. This was not fiction.[6]
Erika Foreman

Digital rights management - Wikipedia, the free encyclopedia - 0 views

  • access control technologies used by publishers and copyright holders to limit usage of digital media or devices
  • Advocates argue it is necessary for copyright holders to prevent unauthorized duplication of their work to ensure continued revenue streams.
  • Some observers claim that certain DRM technologies enable publishers to enforce access policies that not only prevent copyright violations, but also prevent legal fair use.
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  • Many online music stores, such as Apple's iTunes Store, as well as certain e-book publishers, have adopted various DRM strategies.
  • Windows Vista contains a DRM system called the Protected Media Path, which contains the Protected Video Path (PVP). PVP tries to stop DRM-restricted content from playing while unsigned software is running in order to prevent the unsigned software from accessing the content.
  • In 2002, Bertelsmann (comprising BMG, Arista, and RCA) was the first corporation to use DRM on audio CDs. This was initially done on promotional CDs, but all CDs from these companies would eventually include at least some DRM.[citation needed] It should be noted that discs with DRM installed are not legitimately standards-compliant Compact Discs (CDs) but rather CD-ROM media, therefore they all lack the CD logotype found on discs which follow the standard (known as Red Book). However, these CDs could not be played on all CD players. Many consumers could also no longer play purchased CDs on their computers. PCs running Microsoft Windows would sometimes even crash when attempting to play the CDs.
Danny Thorne

Did You Say "Intellectual Property"? It's a Seductive Mirage - GNU Project - Free Softw... - 0 views

  • The term carries a bias that is not hard to see: it suggests thinking about copyright, patents and trademarks by analogy with property rights for physical objects. (This analogy is at odds with the legal philosophies of copyright law, of patent law, and of trademark law, but only specialists know that.) These laws are in fact not much like physical property law, but use of this term leads legislators to change them to be more so. Since that is the change desired by the companies that exercise copyright, patent and trademark powers, the bias of “intellectual property” suits them.
  • one issue relating to copyright law is whether music sharing should be allowed. Patent law has nothing to do with this. Patent law raises issues such as whether poor countries should be allowed to produce life-saving drugs and sell them cheaply to save lives. Copyright law has nothing to do with such matters.
  • If you want to think clearly about the issues raised by patents, or copyrights, or trademarks, the first step is to forget the idea of lumping them together, and treat them as separate topics.
Danny Thorne

Creative Commons - Wikipedia, the free encyclopedia - 0 views

  • Creative Commons licenses enable copyright holders to grant some or all of their rights to the public while retaining others through a variety of licensing and contract schemes including dedication to the public domain or open content licensing terms. The intention is to avoid the problems current copyright laws create for the sharing of information.
Danny Thorne

Federal Court Slams Door on Add-On Innovation | Electronic Frontier Foundation - 0 views

  • "It essentially shuts down any competitor's add-on innovation that customers could enjoy with their legitimately purchased products. Add-on innovation is one of the hottest areas of creativity and economic growth right now in software, and this decision will slow investment and development in that field."
Danny Thorne

US CODE: Title 17,107. Limitations on exclusive rights: Fair use - 0 views

  • the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
Danny Thorne

Perfect 10, Inc. v. Amazon.com, Inc., et al. - Internet Library of Law and Court Decisions - 0 views

  • transformative nature of the thumbnails Google created, which, by facilitating the public’s ability to search the web for images, serve a different purpose than the original images, which are designed to entertain.
  • Google does not store the images contained on such third party web pages in its cache.  Rather, all that these cached copies contain are html instructions setting forth the location on the internet where the image can be found
  • the Copyright Act, unlike the Trademark Act, does not protect a copyright holder against acts that cause consumer confusion.
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  • Perfect 10 claimed that by assisting users in locating and obtaining access to third party sites that themselves contained infringing images, Google was guilty of contributory infringement.
  • Said the Ninth Circuit:  “Google’s failure to change it operations to avoid assisting websites to distribute their infringing content may constitute contributory liability …”.
  • The District Court was also directed to determine whether Google was immunized from liability for such contributory infringement claims by operation of the Digital Millennium Copyright Act (“DMCA”).  The DMCA immunizes Service Providers such as Google from liability “for infringement [including contributory infringement] of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer or hypertext link,” if the service provider meets certain specified criteria.  The parties disputed whether Google in fact met such criteria, and qualified for the protections of the DMCA.  This issue was left to the District Court on remand.
  • Google had no contractual or other right to cause such third party websites to stop displaying infringing content.  As such, the Ninth Circuit held, Perfect 10’s vicarious copyright infringement claims were likely to fail.
  • only delivered html instructions – to wit in-line links – to its users, and not the actual images themselves
  • a user’s act of “caching” copies of infringing images in his computer as part of his review of such infringing materials was a fair use protected from claims of copyright infringement.
Erika Foreman

Print is Dead: Books in Our Digital Age - 0 views

  • Yesterday the world’s third largest record company, EMI, announced that it would begin selling music from its artists as digital downloads without any kind of Digital Rights Management (DRM) or copy restrictions. The songs will have a higher sound quality than your typical iTunes download, but will cost $1.29 instead of the usual $.99. The company made the decision after hearing numerous complaints from its consumers that they preferred having format-less music that could be listened to on any computer or any device, using a multitude of programs.
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