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Danny Thorne

BitTorrent (protocol) - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...BitTorrent_%28protocol%29

bittorrent filesharing

shared by Danny Thorne on 02 Mar 08 - Cached
  • a typical BitTorrent download will gradually rise to very high speeds, and then slowly fall back down toward the end of the download. This contrasts with an HTTP server that, while more vulnerable to overload and abuse, rises to full speed very quickly and maintains this speed throughout.
  • To share a file or group of files, a peer first creates a "torrent." This small file contains metadata about the files to be shared and about the tracker, the computer that coordinates the file distribution. Peers that want to download the file first obtain a torrent file for it, and connect to the specified tracker, which tells them from which other peers to download the pieces of the file.
Danny Thorne

Download With Bittorrent? - 0 views

askbobrankin.com/download_with_bittorrent.html

bittorrent copyright intellectualproperty

shared by Danny Thorne on 02 Mar 08 - Cached
  • "I visit a torrent site weekly to download this week's episode of my two favorite tv shows, House M.D. and The Apprentice. I work on the nights that both shows air on national tv, so I download a torrent file of each. To me, this is no different that setting the VCR to record something while I'm at work... but the benefit with a torrent file is that it takes up a lot less space than a video tape. I received a letter from my cable internet provider, who was contacted by NBC Universal saying that they'd tracked illegal downloading of a HOUSE MD file. It was a 'cease and desist' letter notifying me that, essentially, NBC was 'on' to me, and if they so chose, they could take me to court for pirating copyrighted material."
Danny Thorne

Idea-expression divide - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...Idea-expression_divide

copyright intellectualproperty

shared by Danny Thorne on 02 Mar 08 - Cached
  • designed to protect the fixed expression or manifestation of an idea rather than the fundamental idea itself.
  • Copyright therefore may not subsist in the idea of a man venturing out on a quest, but may subsist in a particular story which follows that pattern.
  • Critics of the this so-called dichotomy point out that in many cases, the "expression" and the "idea" are both intangible ideas, and the nature of any such "expression" is inherently subjective. For example, in the case of the adventure story cited above, one judge might rule that changing the names, quest items, and personal habits of all the characters in the story is perhaps enough to create a distinct "expression"; other judges might rule that the two story ideas are essentially "the same", and do not have distinct "expressions".
Danny Thorne

EFF Media Release: EFF Response to Blizzard Online Gamer Threat (Mar. 12, 2002) - 0 views

w2.eff.org/...20020312_eff_bnetd_pr.html

copyleft dmca eff intellectualproperty

shared by Danny Thorne on 02 Mar 08 - Cached
  • "Corporations have wielded the DMCA to censor magazines, academic researchers, and competitors," said EFF Senior Intellectual Property Attorney Fred von Lohmann. "Now Vivendi is using the DMCA to threaten customers who simply want to improve the gaming environment for a product they've purchased legitimately."
Danny Thorne

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

www.eff.org/...01-0

casestudy copyright dmca eff intellectualproperty

shared by Danny Thorne on 02 Mar 08 - Cached
  • "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

Unintended Consequences: Seven Years under the DMCA | Electronic Frontier Foundation - 0 views

www.eff.org/...quences-seven-years-under-dmca

copyright dmca intellectualproperty

shared by Danny Thorne on 02 Mar 08 - Cached
  • The DMCA Chills Free Expression and Scientific Research.
  • The DMCA Jeopardizes Fair Use.
  • The DMCA Impedes Competition and Innovation.
  • ...1 more annotation...
  • The DMCA Interferes with Computer Intrusion Laws.
Danny Thorne

DMCA | Electronic Frontier Foundation - 0 views

www.eff.org/dmca

copyright dmca eff intellectualproperty

shared by Danny Thorne on 02 Mar 08 - Cached
  • In practice, the DMCA and DRM have done nothing to stop "Internet piracy." Yet the DMCA has become a serious threat that jeopardizes fair use, impedes competition and innovation, chills free expression and scientific research, and interferes with computer intrusion laws. If you circumvent DRM locks for noninfringing fair uses or create the tools to do so, you might be on the receiving end of a lawsuit.
Danny Thorne

Intellectual Property Protection and the Free Trade Area of the Americas - 0 views

www.adti.net/...Toronto_paper.html

copyright intellectualproperty

shared by Danny Thorne on 02 Mar 08 - Cached
  • The formulas, concepts, and ideas which are the basis of the medicines, software and entertainment that affect our everyday lives require the same set of standard protections guaranteed physical property.
Danny Thorne

Creative Commons - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...Creative_Commons

copyleft copyright intellectualproperty

shared by Danny Thorne on 02 Mar 08 - Cached
  • 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

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

www4.law.cornell.edu/...107.html

copyright fairuse intellectualproperty law

shared by Danny Thorne on 01 Mar 08 - Cached
  • 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

AMERICAN GEOPHYSICAL UNION v. TEXACO INC., 60 F.3d 913 (2nd Cir. 1994) (LOISLAW) - 0 views

www.law.cornell.edu/...60_F3d_913.htm

copyright fairuse intellectualproperty

shared by Danny Thorne on 01 Mar 08 - Cached
  • We do not deal with the question of copying by an individual, for personal use in research or otherwise (not for resale), recognizing that under the fair use doctrine or the de minimis doctrine, such a practice by an individual might well not constitute an infringement. In other words, our opinion does not decide the case that would arise if Chickering were a professor or an independent scientist engaged in copying and creating files for independent research, as opposed to being employed by an institution in the pursuit of his research on the institution's behalf.
  • Danny Thorne on 01 Mar 08
     
    systematic institution-support copying of journal articles by/for researchers at an oil company
Danny Thorne

Intellectual Property & New Info Technology - 0 views

www.gseis.ucla.edu/...Copyright

copyright informationtechnology intellectualproperty

shared by Danny Thorne on 01 Mar 08 - Cached
  • The constitutional rationale was that, if authors were guaranteed the fruits of their labor, they would be encouraged to write more. In today's world, it is publishers not authors that hold copyright. And the dominant view of lawmakers is that the "limited time" that copyright should be in effect is quite long.
  • Danny Thorne on 01 Mar 08
     
    Lots of links to sites related to intellectual property and new information technology.
Danny Thorne

Intellectual Property Professional Information Center: PLI Panelists Critical of Trends... - 0 views

ipcenter.bna.com/...BNAP-79FK2H

copyright fairuse informationtechnology intellectualproperty

shared by Danny Thorne on 01 Mar 08 - Cached
  • In May, the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction barring Google Inc. from displaying thumbnail versions of photographs found on an adult-oriented Web site, reasoning that the Web site owner was unlikely to overcome Google's fair use defense. Perfect 10 Inc. v. Amazon.com Inc., 487 F.3d 701 (9th Cir. 2007).
  • Jeffrey P. Cunard, of Debevoise & Plimpton, Washington, D.C., > termed secondary liability a “leaping mess,” which he > attributed to an effort on the part of the courts to erode the > Sony-Betamax > prescription for secondary liability, and not have > it apply in a digital era. > In Sony Corp. v. Universal Studios Inc., 464 U.S. 417 (1984), the U.S. Supreme Court held that if a technology is “capable of substantial noninfringing uses,” the manufacturer of that technology cannot be liable for the infringing acts of users.
  • Metro-Goldwyn-Mayer Studios > Inc. v. Grokster Ltd. > , 125 S.Ct. 2764, 33 Med.L.Rptr. 1865 (2005) >
  • ...7 more annotations...
  • Grokster > defendants had taken affirmative steps to foster > infringement. >
  • the court emphasized that facilitating a payment is peripheral to the > actual infringement, which is the unauthorized distribution of a > copyrighted work. >
  • Perfect 10 Inc. v. Visa International Service > Association, > 494 F.3d 788 (9th Cir. 2007) >
  • the key issue in secondary liability is the business model.
  • copyright law is out of sync with developments in technology.
  • statutory damages for secondary liability should be written out of the Copyright Act.
  • dramatic growth in online advertising and new business models will continue to shape the legal landscape, and predicted, in particular, an explosion in legal issues related to social networking.
Danny Thorne

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

www.internetlibrary.com/...lib_case476.cfm

copyright fairuse intellectualproperty

shared by Danny Thorne on 01 Mar 08 - Cached
  • 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.
  • ...6 more annotations...
  • 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.
Danny Thorne

DMCA Full Document - 0 views

www.copyright.gov/...hr2281.pdf

copyright dmca intellectualproperty

shared by Danny Thorne on 29 Feb 08 - No Cached
  • Danny Thorne on 29 Feb 08
     

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