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Gonzalo San Gil, PhD.

copyleft [www.computerlaw.com.au] - 0 views

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    [Steve White, Principal - White SW Computer Law In Australia, copyright protection arises as soon as an original copyright work is created. The copyright laws dictate who the copyright owner is and how long the protection lasts. Copyleft is a form of licensing by which the copyright owner may waive their rights and allow other people to share and make further amendments to the work. The concept of Copyleft is used particularly in relation to software. The idea behind Copyleft is to ensure that an individual cannot take advantage of being able to modify a free software program and then sell the resulting modified program as a new work. In some cases, any modifications made to a Copyleft program must be made freely available to all parties interested in using them. The GNU public licence is an example of a Copyleft licence. ]
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    The Future is Free or it won't be.
Gonzalo San Gil, PhD.

The Connection Between The Copyright Industry And The NSA | TorrentFreak - 1 views

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    " Rick Falkvinge on May 18, 2014 C: 21 Opinion There is a direct connection between copyright monopoly enforcement and mass surveillance, and between mass surveillance and lack of free speech. If you want to keep free speech, the copyright monopoly must be reduced sharply."
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    " Rick Falkvinge on May 18, 2014 C: 21 Opinion There is a direct connection between copyright monopoly enforcement and mass surveillance, and between mass surveillance and lack of free speech. If you want to keep free speech, the copyright monopoly must be reduced sharply."
Gonzalo San Gil, PhD.

Internet Archive Seeks to Defend Against Wrongful Copyright Takedowns - TorrentFreak [#... - 0 views

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    " By Andy on March 23, 2016 C: 25 Breaking As a non-profit library of millions of free books, movies, software and music, the Internet Archive has a keen interest in copyright law. In a submission to the U.S. Copyright Office the Archive says since the major studios often send invalid notices, they're suggesting a change in the law to allow content to remain up while disputes are settled."
Gonzalo San Gil, PhD.

Copyright in Europe: Minimal Reform to Avoid Crucial Questions | La Quadrature du Net [... - 0 views

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    "Submitted on 9 Dec 2015 - 18:17 copyright creative contribution free speech Net filtering Andrus Ansip Günther Oettinger press release Printer-friendly version Français Paris, 9 December 2015 - Today, the European Commission has presented its proposal to reform copyright law in the European Union. This package includes a proposal for a regulation on portability of online services, as well as a communication to announcing future reforms to follow in 2016. The European Commission has thus confirmed that it does not wish to reopen the file on the InfoSoc directive 1, reflecting its reluctance and lack of ambition on this issue."
Gonzalo San Gil, PhD.

Standards Body Whines That People Who Want Free Access To The Law Probably Also Want 'F... - 2 views

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    "from the bad-ansi,-bad dept You would think that "the law" is obviously part of the public domain. It seems particularly crazy to think that any part of the law itself might be covered by copyright, or (worse) locked up behind some sort of paywall where you cannot read it. Carl Malamud has spent many years working to make sure the law is freely accessible... and he's been sued a bunch of times and is still in the middle of many lawsuits, including one from the State of Georgia for publishing its official annotated code (the state claims the annotations are covered by copyright)."
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    "from the bad-ansi,-bad dept You would think that "the law" is obviously part of the public domain. It seems particularly crazy to think that any part of the law itself might be covered by copyright, or (worse) locked up behind some sort of paywall where you cannot read it. Carl Malamud has spent many years working to make sure the law is freely accessible... and he's been sued a bunch of times and is still in the middle of many lawsuits, including one from the State of Georgia for publishing its official annotated code (the state claims the annotations are covered by copyright)."
Gonzalo San Gil, PhD.

How The Copyright Wars Have Harmed Privacy And A Free Press | Techdirt - 1 views

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    "from the direct-sharing-files-is-hard dept Parker Higgins has a great opinion piece over at Wired, which is ostensibly about the recent release of OnionShare, a tool for sharing large documents directly and securely between two individuals, but which looks deeper into the question of why we're in 2014 and sharing such large files directly without intermediaries is such a challenge. And, as Higgins notes, a big part of that goes right back to... the copyright wars. "
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    "from the direct-sharing-files-is-hard dept Parker Higgins has a great opinion piece over at Wired, which is ostensibly about the recent release of OnionShare, a tool for sharing large documents directly and securely between two individuals, but which looks deeper into the question of why we're in 2014 and sharing such large files directly without intermediaries is such a challenge. And, as Higgins notes, a big part of that goes right back to... the copyright wars. "
Gonzalo San Gil, PhD.

Free Software, Free Society - Download Here - 0 views

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    "Free Software, Free Society by Richard M. Stallman Publisher: Free Software Foundation 2002 ISBN/ASIN: 1882114981 ISBN-13: 9781882114986 Number of pages: 230 Description: The intersection of ethics, law, business and computer software is the subject of these essays and speeches by MacArthur Foundation Grant winner, Richard M. Stallman. This collection includes historical writings such as The GNU Manifesto, which defined and launched the activist Free Software Movement, along with new writings on hot topics in copyright, patent law, and the controversial issue of "trusted computing." Stallman takes a critical look at common abuses of copyright law and patents when applied to computer software programs, and how these abuses damage our entire society and remove our existing freedoms."
Gonzalo San Gil, PhD.

7 Misconceptions about Copyright and Infringement…and What You Can Do About It - 0 views

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    [Khumo-love (@Khumolove)] "The topic of copyright and infringement is an important one, especially if you own and operate a website or blog where you use images that are not your own. "
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    [Khumo-love (@Khumolove)] "The topic of copyright and infringement is an important one, especially if you own and operate a website or blog where you use images that are not your own. "
Gonzalo San Gil, PhD.

Time to #Fixcopyright and Free the Panorama Across EU - infojustice - 0 views

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    "[Anna Mazgal, Communia Association, Link (CC-0)] Freedom of panorama is a fundamental element of European cultural heritage and visual history. Rooted in freedom of expression, it allows painters, photographers, filmmakers, journalists and tourists alike to document public spaces, create masterpieces of art and memories of beautiful places, and freely share it with others. Within the Best Case Scenarios for Copyright series we present Portugal as the best example for freedom of panorama. Below you can find the basic facts and for more evidence check the Best Case Scenario for Copyright - Freedom of Panorama in Portugal legal study. EU, it's time to #fixcopyright!"
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.
Paul Merrell

Free At Last: New DMCA Rules Might Make the Web a Better Place | nsnbc international - 0 views

  • David Mao, the Librarian of Congress, has issued new rules pertaining to exemptions to the Digital Millennium Copyright Act (DMCA) after a 3 year battle that was expedited in the wake of the Volkswagen scandal.
  • Opposition to this new decision is coming from the Environmental Protection Agency (EPA) and the auto industry because the DMCA prohibits “circumventing encryption or access controls to copy or modify copyrighted works.” For example, GM “claimed the exemption ‘could introduce safety and security issues as well as facilitate violation of various laws designed specifically to regulate the modern car, including emissions, fuel economy, and vehicle safety regulations’.” The exemption in question is in Section 1201 which forbids the unlocking of software access controls which has given the auto industry the unique ability to “threaten legal action against anyone who needs to get around those restrictions, no matter how legitimate the reason.” Journalist Nick Statt points out that this provision “made it illegal in the past to unlock your smartphone from its carrier or even to share your HBO Go password with a friend. It’s designed to let corporations protect copyrighted material, but it allows them to crackdown on circumventions even when they’re not infringing on those copyrights or trying to access or steal proprietary information.”
  • Kit Walsh, staff attorney for the Electronic Frontier Foundation (EFF), explained that the “‘access control’ rule is supposed to protect against unlawful copying. But as we’ve seen in the recent Volkswagen scandal—where VW was caught manipulating smog tests—it can be used instead to hide wrongdoing hidden in computer code.” Walsh continued: “We are pleased that analysts will now be able to examine the software in the cars we drive without facing legal threats from car manufacturers, and that the Librarian has acted to promote competition in the vehicle aftermarket and protect the long tradition of vehicle owners tinkering with their cars and tractors. The year-long delay in implementing the exemptions, though, is disappointing and unjustified. The VW smog tests and a long run of security vulnerabilities have shown researchers and drivers need the exemptions now.” As part of the new changes, gamers can “modify an old video game so it doesn’t perform a check with an authentication server that has since been shut down” and after the publisher cuts of support for the video game.
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  • Another positive from the change is that smartphone users will be able to jailbreak their phone and finally enjoy running operating systems and applications from any source, not just those approved by the manufacturer. And finally, those who remix excerpts from DVDs, Blu – Ray discs or downloading services will be allowed to mix the material into theirs without violating the DMCA.
Gonzalo San Gil, PhD.

Company Offers "Fraudulent" and Deceptive Copyright Registrations - TorrentFreak - 1 views

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    " Ernesto on October 15, 2016 C: 18 Breaking A ring of misleading websites is charging people to pay for copyright registrations in the UK, Australia and elsewhere, even though it's a free and automatic right. In India, where there's also an official registration office, the authorities are taking legal action to stop the "fraudulent" operation."
Paul Merrell

Hyperlinking is Not Copyright Infringement, EU Court Rules | TorrentFreak - 0 views

  • Does publishing a hyperlink to freely available content amount to an illegal communication to the public and therefore a breach of creator's copyrights under European law? After examining a case referred to it by Sweden's Court of Appeal, the Court of Justice of the European Union has ruled today that no, it does not.
  • One such case, referred to the CJEU by Sweden’s Court of Appeal, is of particular interest to Internet users as it concerns the very mechanism that holds the web together. The dispute centers on a company called Retriever Sverige AB, an Internet-based subscription service that indexes links to articles that can be found elsewhere online for free. The problem came when Retriever published links to articles published on a newspaper’s website that were written by Swedish journalists. The company felt that it did not have to compensate the journalists for simply linking to their articles, nor did it believe that embedding them within its site amounted to copyright infringement. The journalists, on the other hand, felt that by linking to their articles Retriever had “communicated” their works to the public without permission. In the belief they should be paid, the journalists took their case to the Stockholm District Court. They lost their case in 2010 and decided to take the case to appeal. From there the Svea Court of Appeal sought advice from the EU Court. Today the Court of Justice published its lengthy decision and it’s largely good news for the Internet.
Gonzalo San Gil, PhD.

Accused Movie Pirate Wins Extortion Case Against Copyright Trolls | TorrentFreak - 2 views

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    " Ernesto on April 29, 2014 C: 8 News Law firm Dunlap, Grubb and Weaver, pioneers of the BitTorrent copyright troll cases in the United States, have thrown in the towel. The law firm conceded defeat in a fraud and abuse case that was brought against them by an alleged pirate, and were ordered to pay nearly $40,000. "
Paul Merrell

German Parliament Says No More Software Patents | Electronic Frontier Foundation - 0 views

  • The German Parliament recently took a huge step that would eliminate software patents (PDF) when it issued a joint motion requiring the German government to ensure that computer programs are only covered by copyright. Put differently, in Germany, software cannot be patented. The Parliament's motion follows a similar announcement made by New Zealand's government last month (PDF), in which it determined that computer programs were not inventions or a manner of manufacture and, thus, cannot be patented.
  • The crux of the German Parliament's motion rests on the fact that software is already protected by copyright, and developers are afforded "exploitation rights." These rights, however, become confused when broad, abstract patents also cover general aspects of computer programs. These two intellectual property systems are at odds. The clearest example of this clash is with free software. The motion recognizes this issue and therefore calls upon the government "to preserve the precedence of copyright law so that software developers can also publish their work under open source license terms and conditions with legal security." The free software movement relies upon the fact that software can be released under a copyright license that allows users to share it and build upon others' works. Patents, as Parliament finds, inhibit this fundamental spread.
  • Just like in the New Zealand order, the German Parliament carved out one type of software that could be patented, when: the computer program serves merely as a replaceable equivalent for a mechanical or electro-mechanical component, as is the case, for instance, when software-based washing machine controls can replace an electromechanical program control unit consisting of revolving cylinders which activate the control circuits for the specific steps of the wash cycle This allows for software that is tied to (and controls part of) another invention to be patented. In other words, if a claimed process is purely a computer program, then it is not patentable. (New Zealand's order uses a similar washing machine example.) The motion ends by calling upon the German government to push for this approach to be standard across all of Europe. We hope policymakers in the United States will also consider fundamental reform that deals with the problems caused by low-quality software patents. Ultimately, any real reform must address this issue.
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    Note that an unofficial translation of the parliamentary motion is linked from the article. This adds substantially to the pressure internationally to end software patents because Germany has been the strongest defender of software patents in Europe. The same legal grounds would not apply in the U.S. The strongest argument for the non-patentability in the U.S., in my opinion, is that software patents embody embody both prior art and obviousness. A general purpose computer can accomplish nothing unforeseen by the prior art of the computing device. And it is impossible for software to do more than cause different sequences of bit register states to be executed. This is the province of "skilled artisans" using known methods to produce predictable results. There is a long line of Supreme Court decisions holding that an "invention" with such traits is non-patentable. I have summarized that argument with citations at . 
Gonzalo San Gil, PhD.

No one should have to use proprietary software to communicate with their government - F... - 0 views

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    "by Donald Robertson - Published on May 04, 2016 12:36 PM The Free Software Foundation (FSF) submitted a comment to the U.S. Copyright Office calling for a method to submit comments that do not require the use of proprietary JavaScript. Proprietary JavaScript is a threat to all users on the Web. When minified, the code can hide all sorts of nasty items, like spyware and other security risks. Savvy users can protect themselves by blocking scripts in their browser, or by installing the LibreJS browser extension and avoiding sites that require proprietary JavaScript in order to function. B"
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    "by Donald Robertson - Published on May 04, 2016 12:36 PM The Free Software Foundation (FSF) submitted a comment to the U.S. Copyright Office calling for a method to submit comments that do not require the use of proprietary JavaScript. Proprietary JavaScript is a threat to all users on the Web. When minified, the code can hide all sorts of nasty items, like spyware and other security risks. Savvy users can protect themselves by blocking scripts in their browser, or by installing the LibreJS browser extension and avoiding sites that require proprietary JavaScript in order to function. B"
Gary Edwards

The Omnigoogle | Rough Type: Nicholas Carr's Blog - 0 views

  • It’s this natural drive to reduce the cost of complements that, more than anything else, explains Google’s strategy. Nearly everything the company does, including building big data centers, buying optical fiber, promoting free Wi-Fi access, fighting copyright restrictions, supporting open source software, launching browsers and satellites, and giving away all sorts of Web services and data, is aimed at reducing the cost and expanding the scope of Internet use. Google wants information to be free because as the cost of information falls it makes more money.
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    Nick Carr gives us an insight into the future of the Web from the perspecive of Google's business model. No doubt the Chrome "omnibar" is revolutionary in th esimple way it leverages Google search and index services to extend web surfers experience. Truly great stuff tha tNick ties back into the basic business model of Google. What Nick doesn't cover is how Chorme is desinged to bridge that gap between Web surfing and next generation Web Applications (RiA). Microsoft is in position to dominate this next generation, while Chrome represents Google's first step into the fray. Sure, Google dominates consumer applets and services, but RiA represents a model for enterprise and corporate business systems moving their core to the Web. It's a big shift. And Google has some serious catching up to do.
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    It's this natural drive to reduce the cost of complements that, more than anything else, explains Google's strategy. Nearly everything the company does, including building big data centers, buying optical fiber, promoting free Wi-Fi access, fighting copyright restrictions, supporting open source software, launching browsers and satellites, and giving away all sorts of Web services and data, is aimed at reducing the cost and expanding the scope of Internet use. Google wants information to be free because as the cost of information falls it makes more money.
Gonzalo San Gil, PhD.

Received a Piracy Letter? UK Solicitor Will Defend You For Free | TorrentFreak - 0 views

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    " Andy on March 20, 2015 C: 0 Breaking In recent weeks customers of UK ISPs have received letters from copyright trolls demanding settlement for alleged downloading of movies. Today they can fight back. Southampton-based lawyer Michael Coyle informs TorrentFreak that if the accused make a charitable donation in support of his London Marathon run, he will provide his time for free."
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    " Andy on March 20, 2015 C: 0 Breaking In recent weeks customers of UK ISPs have received letters from copyright trolls demanding settlement for alleged downloading of movies. Today they can fight back. Southampton-based lawyer Michael Coyle informs TorrentFreak that if the accused make a charitable donation in support of his London Marathon run, he will provide his time for free."
Gonzalo San Gil, PhD.

SOPA Censorship is back - 0 views

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    "SOPA censorship is back. Last year the Internet defeated SOPA, but now the U.S. government wants to bring back one of its worst parts: jail time for streaming copyrighted content. Soon, uploading a YouTube video of you singing karaoke could become a felony. Tell Obama: "No SOPA-style censor"
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    SOPA Censorship is back Last year the Internet defeated SOPA, but now the U.S. government wants to bring back one of its worst parts: jail time for streaming copyrighted content. Soon, uploading a YouTube video of you singing karaoke could become a felony.
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    "SOPA censorship is back. Last year the Internet defeated SOPA, but now the U.S. government wants to bring back one of its worst parts: jail time for streaming copyrighted content. Soon, uploading a YouTube video of you singing karaoke could become a felony. Tell Obama: "No SOPA-style censor"
Gonzalo San Gil, PhD.

No Pirate Bay Blockade in Sweden, Court Rules - TorrentFreak - 0 views

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    " Andy on November 27, 2015 C: 27 Breaking After deliberating for almost a month the Stockholm District Court has decided that copyright holders can not force a Swedish ISP to block the The Pirate Bay. The Court found that Bredbandsbolaget's operations do not amount to participation in the copyright infringement offenses carried out by some of its 'pirate' subscribers."
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