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Paul Merrell

2nd Cir. Affirms That Creation of Full-Text Searchable Database of Works Is Fair Use | ... - 0 views

  • The fair use doctrine permits the unauthorized digitization of copyrighted works in order to create a full-text searchable database, the U.S. Court of Appeals for the Second Circuit ruled June 10.Affirming summary judgment in favor of a consortium of university libraries, the court also ruled that the fair use doctrine permits the unauthorized conversion of those works into accessible formats for use by persons with disabilities, such as the blind.
  • The dispute is connected to the long-running conflict between Google Inc. and various authors of books that Google included in a mass digitization program. In 2004, Google began soliciting the participation of publishers in its Google Print for Publishers service, part of what was then called the Google Print project, aimed at making information available for free over the Internet.Subsequently, Google announced a new project, Google Print for Libraries. In 2005, Google Print was renamed Google Book Search and it is now known simply as Google Books. Under this program, Google made arrangements with several of the world's largest libraries to digitize the entire contents of their collections to create an online full-text searchable database.The announcement of this program triggered a copyright infringement action by the Authors Guild that continues to this day.
  • Part of the deal between Google and the libraries included an offer by Google to hand over to the libraries their own copies of the digitized versions of their collections.In 2011, a group of those libraries announced the establishment of a new service, called the HathiTrust digital library, to which the libraries would contribute their digitized collections. This database of copies is to be made available for full-text searching and preservation activities. Additionally, it is intended to offer free access to works to individuals who have “print disabilities.” For works under copyright protection, the search function would return only a list of page numbers that a search term appeared on and the frequency of such appearance.
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  • Turning to the fair use question, the court first concluded that the full-text search function of the Hathitrust Digital Library was a “quintessentially transformative use,” and thus constituted fair use. The court said:the result of a word search is different in purpose, character, expression, meaning, and message from the page (and the book) from which it is drawn. Indeed, we can discern little or no resemblance between the original text and the results of the HDL full-text search.There is no evidence that the Authors write with the purpose of enabling text searches of their books. Consequently, the full-text search function does not “supersede[ ] the objects [or purposes] of the original creation.”Turning to the fourth fair use factor—whether the use functions as a substitute for the original work—the court rejected the argument that such use represents lost sales to the extent that it prevents the future development of a market for licensing copies of works to be used in full-text searches.However, the court emphasized that the search function “does not serve as a substitute for the books that are being searched.”
  • The court also rejected the argument that the database represented a threat of a security breach that could result in the full text of all the books becoming available for anyone to access. The court concluded that Hathitrust's assertions of its security measures were unrebutted.Thus, the full-text search function was found to be protected as fair use.
  • The court also concluded that allowing those with print disabilities access to the full texts of the works collected in the Hathitrust database was protected as fair use. Support for this conclusion came from the legislative history of the Copyright Act's fair use provision, 17 U.S.C. §107.
Gonzalo San Gil, PhD.

Awful Spanish Copyright Law May Be Stalled Waiting For EU Court Ruling On Plans To Chan... - 0 views

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    "from the stopping-good-ideas,-stopping-bad-ideas dept Techdirt has written about Spain's new copyright law a couple of times. There, we concentrated on the "Google tax" that threatens the digital commons and open access in that country. But alongside this extremely foolish idea, there was another good one: getting rid of the anachronistic levy on recording devices that was supposed to "compensate" for private copying (as if any such compensation were needed), and paying collecting societies directly out of Spain's state budget. "
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    "from the stopping-good-ideas,-stopping-bad-ideas dept Techdirt has written about Spain's new copyright law a couple of times. There, we concentrated on the "Google tax" that threatens the digital commons and open access in that country. But alongside this extremely foolish idea, there was another good one: getting rid of the anachronistic levy on recording devices that was supposed to "compensate" for private copying (as if any such compensation were needed), and paying collecting societies directly out of Spain's state budget. "
Gonzalo San Gil, PhD.

Research Warns Against Overestimated Movie Piracy Losses | TorrentFreak | # ! forget st... - 0 views

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    " Ernesto on October 6, 2014 C: 33 News New research published by the independent research outfit APAS Laboratory reveals that downloading of movie CAM copies is mostly discovery based. There is no link between the number of illegal downloads and box office revenues. Instead, pirates appear to consume the camcorded movies that are most visible on torrent sites."
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    " Ernesto on October 6, 2014 C: 33 News New research published by the independent research outfit APAS Laboratory reveals that downloading of movie CAM copies is mostly discovery based. There is no link between the number of illegal downloads and box office revenues. Instead, pirates appear to consume the camcorded movies that are most visible on torrent sites."
Gonzalo San Gil, PhD.

Creators Must Move Beyond Suing the Audience | Electronic Frontier Foundation - 0 views

  • Paley avoided traditional film distribution deals and instead released the film under a Creative Commons Attribution-Share Alike license, writing: You don't need my permission to copy, share, publish, archive, show, sell, broadcast, or remix Sita Sings the Blues. Conventional wisdom urges me to demand payment for every use of the film, but then how would people without money get to see it? How widely would the film be disseminated if it were limited by permission and fees? Control offers a false sense of security. The only real security I have is trusting you, trusting culture, and trusting freedom
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    [...Paley avoided traditional film distribution deals and instead released the film under a Creative Commons Attribution-Share Alike license, writing: You don't need my permission to copy, share, publish, archive, show, sell, broadcast, or remix Sita Sings the Blues. Conventional wisdom urges me to demand payment for every use of the film, but then how would people without money get to see it? How widely would the film be disseminated if it were limited by permission and fees? Control offers a false sense of security. The only real security I have is trusting you, trusting culture, and trusting freedom]
Gonzalo San Gil, PhD.

Leaked Oscar Movie Screeners Flood Torrent Sites | TorrentFreak (wikinote @ lead)) - 0 views

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    "An unprecedented fast flood of leaked 'screener' copies of movies has hit torrent sites ahead of the official Oscar nominations announcement later this month. The latest Hobbit installment is proving most popular with over 500K downloads in the first 24 hours. None of the movies comes from a traditional 'scene' source." (# ! Hollywood challengers appear dead... https://en.wikipedia.org/wiki/Screener)
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    "An unprecedented fast flood of leaked 'screener' copies of movies has hit torrent sites ahead of the official Oscar nominations announcement later this month. The latest Hobbit installment is proving most popular with over 500K downloads in the first 24 hours. None of the movies comes from a traditional 'scene' source." (# ! Hollywood challengers appear dead... https://en.wikipedia.org/wiki/Screener)
Gonzalo San Gil, PhD.

Save, Create and run your own pirate bay - 0 views

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    [... Create and run your own pirate bay We, the team that brought you Isohunt.to and oldpiratebay.org, are bringing you the next step in the torrent evolution. Open Pirate Bay source code. History of torrent sites such as Isohunt and The Pirate Bay gives us a lesson that would be a crime not to learn. The era of individual torrent sites is over. That is why we created Pirate Bay open source. It's free for everyone. Now you can create your own copy of The Pirate Bay! Update and change this code to make it better for everyone. We give you three simple options: ...] [# ! While... # ! … there were Pe@ple, computers and #networks, there is #hope. # ! #Life is #Share.]
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    [... Create and run your own pirate bay We, the team that brought you Isohunt.to and oldpiratebay.org, are bringing you the next step in the torrent evolution. Open Pirate Bay source code. History of torrent sites such as Isohunt and The Pirate Bay gives us a lesson that would be a crime not to learn. The era of individual torrent sites is over. That is why we created Pirate Bay open source. It's free for everyone. Now you can create your own copy of The Pirate Bay! Update and change this code to make it better for everyone. We give you three simple options: ...]
Gonzalo San Gil, PhD.

BitCannon: Download Torrent Sites to Use Offline | TorrentFreak - 0 views

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    " what if one could copy a torrent site and run it on a regular PC? With a few clicks and a new tool called BitCannon, that is now a reality. "
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    " what if one could copy a torrent site and run it on a regular PC? With a few clicks and a new tool called BitCannon, that is now a reality. "
Gonzalo San Gil, PhD.

Piracy Is Just Another Copyright Industry Scapegoat | TorrentFreak - 0 views

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    " Rick Falkvinge on March 16, 2015 C: 0 Opinion History repeats itself. Unlicensed home manufacturing of copies was never the cause of the copyright industry's business problems; they created those all on their own. It's not the first time they've appointed a scapegoat for their own failures to get public funding, either."
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    " Rick Falkvinge on March 16, 2015 C: 0 Opinion History repeats itself. Unlicensed home manufacturing of copies was never the cause of the copyright industry's business problems; they created those all on their own. It's not the first time they've appointed a scapegoat for their own failures to get public funding, either."
Gonzalo San Gil, PhD.

Linux: Save and Recover Data From Crashed Disks With ddrescue Command Like a Pro - nixC... - 0 views

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    "GNU ddrescue is a program that copies data from one file or block device (hard disk, cd/dvd-rom, etc) to another, it is a tool to help you to save data from crashed partition i.e. it is a data recovery tool."
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    "GNU ddrescue is a program that copies data from one file or block device (hard disk, cd/dvd-rom, etc) to another, it is a tool to help you to save data from crashed partition i.e. it is a data recovery tool."
Gonzalo San Gil, PhD.

Important Judgment From Top EU Court Confirms Copyright Levies Are An Unworkable Mess |... - 0 views

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    "from the time-to-put-it-out-of-its-misery dept Europe's use of the copyright levy system, effectively a tax on blank media that is supposed to compensate copyright holders for an alleged "loss" from copies made for personal use, has produced a whole string of messy situations"
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    "from the time-to-put-it-out-of-its-misery dept Europe's use of the copyright levy system, effectively a tax on blank media that is supposed to compensate copyright holders for an alleged "loss" from copies made for personal use, has produced a whole string of messy situations"
Gonzalo San Gil, PhD.

UK Lawmakers Favor Legalization of MP3 and DVD Copying | TorrentFreak - 0 views

    • Gonzalo San Gil, PhD.
       
      # Slow '#shift', but a Shift at all...
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    # ! #Slow '#shift', but a Shift at all...
Gonzalo San Gil, PhD.

Google Continues To Try To Appease Hollywood, Though It Is Unlikely To Ever Be Enough |... - 0 views

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    "Google has come out with the latest version of its "How Google Fights Piracy" report (pdf link), going to great lengths to show how the company goes above and beyond what is required by law to try to drive people to authorized copies of content while also increasing opportunities for content creators to monetize their own content."
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    "Google has come out with the latest version of its "How Google Fights Piracy" report (pdf link), going to great lengths to show how the company goes above and beyond what is required by law to try to drive people to authorized copies of content while also increasing opportunities for content creators to monetize their own content."
Gonzalo San Gil, PhD.

New Arrow Episode Leaks Online Before it Airs - TorrentFreak [# ! Note] - 0 views

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    " Ernesto on November 2, 2015 C: 26 Breaking The fifth episode from season four of the popular TV-series "Arrow" leaked online a few hours ago. The leak comes from a preview copy that was sent out for review by Warner Bros."
Gonzalo San Gil, PhD.

Warner Bros. sues "HD Fury" over boxes that can copy 4K video | Ars Technica UK - 1 views

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    "HDFury.com is now offline just one business day after the lawsuit was filed. by Joe Mullin (US) - Jan 5, 2016 9:23am CET"
Gonzalo San Gil, PhD.

FBI Investigates Hollywood Ties to Pirated 'Hateful Eight' Screener - TorrentFreak [# !... - 0 views

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    " Ernesto on December 23, 2015 C: 143 Breaking The pirated screener of Tarantino's "The Hateful Eight" has been traced back to a copy sent to a top Hollywood executive. The FBI is currently investigating the breach, which is part of series of leaked screeners that appeared online in recent days. Meanwhile, The Hateful Eight has been shared more than a million times through various unauthorized channels."
Paul Merrell

Is Apple an Illegal Monopoly? | OneZero - 0 views

  • That’s not a bug. It’s a function of Apple policy. With some exceptions, the company doesn’t let users pay app makers directly for their apps or digital services. They can only pay Apple, which takes a 30% cut of all revenue and then passes 70% to the developer. (For subscription services, which account for the majority of App Store revenues, that 30% cut drops to 15% after the first year.) To tighten its grip, Apple prohibits the affected apps from even telling users how they can pay their creators directly.In 2018, unwilling to continue paying the “Apple tax,” Netflix followed Spotify and Amazon’s Kindle books app in pulling in-app purchases from its iOS app. Users must now sign up elsewhere, such as on the company’s website, in order for the app to become usable. Of course, these brands are big enough to expect that many users will seek them out anyway.
  • Smaller app developers, meanwhile, have little choice but to play by Apple’s rules. That’s true even when they’re competing with Apple’s own apps, which pay no such fees and often enjoy deeper access to users’ devices and information.Now, a handful of developers are speaking out about it — and government regulators are beginning to listen. David Heinemeier Hansson, the co-founder of the project management software company Basecamp, told members of the U.S. House antitrust subcommittee in January that navigating the App Store’s fees, rules, and review processes can feel like a “Kafka-esque nightmare.”One of the world’s most beloved companies, Apple has long enjoyed a reputation for user-friendly products, and it has cultivated an image as a high-minded protector of users’ privacy. The App Store, launched in 2008, stands as one of its most underrated inventions; it has powered the success of the iPhone—perhaps the most profitable product in human history. The concept was that Apple and developers could share in one another’s success with the iPhone user as the ultimate beneficiary.
  • But critics say that gauzy success tale belies the reality of a company that now wields its enormous market power to bully, extort, and sometimes even destroy rivals and business partners alike. The iOS App Store, in their telling, is a case study in anti-competitive corporate behavior. And they’re fighting to change that — by breaking its choke hold on the Apple ecosystem.
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  • Whether Apple customers have a real choice in mobile platforms, once they’ve bought into the company’s ecosystem, is another question. In theory, they could trade in their pricey hardware for devices that run Android, which offers equivalents of many iOS features and apps. In reality, Apple has built its empire on customer lock-in: making its own gadgets and services work seamlessly with one another, but not with those of rival companies. Tasks as simple as texting your friends can become a migraine-inducing mess when you switch from iOS to Android. The more Apple products you buy, the more onerous it becomes to abandon ship.
  • The case against Apple goes beyond iOS. At a time when Apple is trying to reinvent itself as a services company to offset plateauing hardware sales — pushing subscriptions to Apple Music, Apple TV+, Apple News+, and Apple Arcade, as well as its own credit card — the antitrust concerns are growing more urgent. Once a theoretical debate, the question of whether its App Store constitutes an illegal monopoly is now being actively litigated on multiple fronts.
  • The company faces an antitrust lawsuit from consumers; a separate antitrust lawsuit from developers; a formal antitrust complaint from Spotify in the European Union; investigations by the Federal Trade Commission and the Department of Justice; and an inquiry by the antitrust subcommittee of the U.S House of Representatives. At stake are not only Apple’s profits, but the future of mobile software.Apple insists that it isn’t a monopoly, and that it strives to make the app store a fair and level playing field even as its own apps compete on that field. But in the face of unprecedented scrutiny, there are signs that the famously stubborn company may be feeling the pressure to prove it.
  • Tile is hardly alone in its grievances. Apple’s penchant for copying key features of third-party apps and integrating them into its operating system is so well-known among developers that it has a name: “Sherlocking.” It’s a reference to the time—in the early 2000s—when Apple kneecapped a popular third-party web-search interface for Mac OS X, called Watson. Apple built virtually all of Watson’s functionality into its own feature, called Sherlock.In a 2006 blog post, Watson’s developer, Karelia Software, recalled how Apple’s then-CEO Steve Jobs responded when they complained about the company’s 2002 power play. “Here’s how I see it,” Jobs said, according to Karelia founder Dan Wood’s loose paraphrase. “You know those handcars, the little machines that people stand on and pump to move along on the train tracks? That’s Karelia. Apple is the steam train that owns the tracks.”From an antitrust standpoint, the metaphor is almost too perfect. It was the monopoly power of railroads in the late 19th century — and their ability to make or break the businesses that used their tracks — that spurred the first U.S. antitrust regulations.There’s another Jobs quote that’s relevant here. Referencing Picasso’s famous saying, “Good artists copy, great artists steal,” Jobs said of Apple in 2006. “We have always been shameless about stealing great ideas.” Company executives later tried to finesse the quote’s semantics, but there’s no denying that much of iOS today is built on ideas that were not originally Apple’s.
Gonzalo San Gil, PhD.

Copying and Sharing in Self Defense - 2 views

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    Alexandre Oliva Based on the widely-recognized and seldom-disrespected human rights to enjoy and memorize works of art one can access, and to grant and accept access to them, this article claims legitimate rights to preserve access to works, to convert works to different formats and media, to download and to upload works on the Internet, and to receive and to share works in P2P networks. The full enjoyment of these human rights amounts to self defense against the constant attacks to them.
Gonzalo San Gil, PhD.

Paramount Wipes "Infringing" Ubuntu Torrent From Google - TorrentFreak [# ! Note] - 0 views

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    " Ernesto on September 10, 2016 C: 47 News It's no secret that copyright holders are trying to take down as much pirated content as they can, but targeting open source software is not something we see every day. Paramount Pictures recently sent a DMCA takedown to Google, listing a copy of the popular operating system Ubuntu. An honest mistake, perhaps, but a worrying one."
Gonzalo San Gil, PhD.

What is Blockchain Technology? A Step-by-Step Guide For Beginners - 0 views

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    "The blockchain is an undeniably ingenious invention - the brainchild of a person or group of people known by the pseudonym Satoshi Nakamoto. By allowing digital information to be distributed but not copied, blockchain technology created the backbone of a new type of internet. Originally devised for the digital currency, Bitcoin, the tech community is now finding other potential uses for the technology."
Gonzalo San Gil, PhD.

Original DVD Screeners Widely Available on eBay - TorrentFreak [# ! Note] - 0 views

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    " Andy on March 26, 2016 C: 20 News When studios send out DVDs of the latest movies for the consideration of awards voters, that content is supposed to be on lockdown. Instead, copies of virtually all movies leak to the Internet and are downloaded by millions. Later, adding insult to injury, these DVDs appear in dozens of eBay listings, on sale for a few bucks."
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