Group items tagged

Because of section 1201 of the DMCA, the "anti-circumvention" provision, companies have been abusing copyright law to block all sorts of actions that are totally unrelated to copyright. That's because 1201 makes it illegal to circumvent basically any "technological protection measures." The intent of the copyright maximalists was to use this section to stop people from breaking DRM. However, other companies soon distorted the language to argue that it could be used to block certain actions totally unrelated to copyright law -- such as unlocking garage doors, ink jet cartridges, gaming accessories... and phones

You may remember a high-profile, landmark ruling last year in Massachusetts, where charges against Simon Glik -- arrested for violating a state law that said it's "wiretapping" to record a police officer in public without his permission -- weren't just dropped, but the arrest was found to be both a First and Fourth Amendment violation. In the end, Boston was forced to pay Glik $170,000 for violating his civil rights. You would think that story would spread across Massachusetts pretty quickly and law enforcement officials and local district attorneys would recognize that filing similar charges would be a certified bad idea. Not so, apparently, in the town of Shrewsbury. Irving J. Espinosa-Rodrigue was apparently arrested and charged under the very same statute after having a passenger in his car videotape a traffic stop for speeding, and then posting the video on YouTube. Once again, the "issue" is that Massachusetts is a "two-party consent" state, whereby an audio recording can't be done without first notifying the person being recorded, or its deemed a "wiretap." This interpretation, especially when dealing with cops in public, is flat-out ridiculous and unconstitutional, as the Glik ruling showed.

After the disastrous technological launch of the healthcare.gov website, built by political cronies rather than companies who understand the internet, there has been plenty of discussion as to why the code wasn't open sourced. At that link, there's a good discussion from On the Media, with Paul Ford, discussing what a big mistake it was that the government decided not to open source the code and be much more transparent about the process. It discusses the usual attacks on open source and why they almost certainly don't apply to this situation.

Last December, we wrote about a report put out by the Swiss executive branch noting that, based on their research, it appeared that unauthorized file sharing was not a big deal, showing that consumers were still spending just as much on entertainment, and that much of it was going directly to artists, rather than to middlemen. In other words, it was a market shift, not a big law enforcement problem. At the time, we wondered if Switzerland had just bought itself a place on the USTR's "Special 301 list" that the administration uses each year to shame countries that Hollywood doesn't like.

A ruling handed down yesterday by Germany's highest court represents a blow to rightsholders in their quest to clamp down on illicit file-sharing. The court ruled that the parents of a teenager who had made available more than 1,100 songs on file-sharing networks can not be held responsible for their son's infringements, nor be required to monitor or hinder his online activities.

The Court ruled that the parents had met their parental obligations when they informed their child of "basic do's and don'ts" including that file-sharing copyrighted content online is illegal. Furthermore, the Court ruled that the parents were not required to monitor their child's online activities nor install special software to restrict his online behavior. This would only be required should the parents have "reasonable grounds" to presume that their child would engage in infringing activities online.

But, the bigger issue is that without presenting any actual evidence on these situations, it's impossible to know whether or not the NSA really needed this massive data collection to stop those "potential" plots. As we've already seen, in the one case where the NSA has said the programs were useful, it quickly became clear that they were not necessary, and traditional policework actually did the bulk of the effort in identifying the plot.

And, yes, the "but what about my $100 million movie" crowd will scoff and argue that this number is so "small." But, two points there: first, this number is growing very, very, very fast. And if you can't understand how trends explode, then you're going to be in trouble soon. Second -- and this is the more important point -- those funds helped create 8,000 films. For those who have been arguing about culture and how we're going to lose the ability to make movies... this suggests something amazing and important is happening which goes against all those gloom and doom predictions. By way of comparison, the UN, which keeps track of stats on film production, claimed that in 2009, 7,233 films were made. Worldwide.

The past was, and the future is going to be, much more about performance. In this new world, recordings often function as more as ads for concerts than as money-makers themselves. (And sometimes are bundled with concert tickets, as Madonna's latest album was.) As a result, copying looks a lot less fearsome. A copied ad is just as effective--and maybe much more so--than the original.

Just ask pop singer Colbie Caillat. Caillet's music career began in 2005 when a friend posted several of her home-recorded songs to MySpace. One song, Bubbly, began to get word of mouth among MySpace users, and within a couple of months went viral. Soon Colbie Caillat was the No. 1 unsigned artist on MySpace. Two years after posting Bubbly, Caillet had more than 200,000 MySpace friends, and her songs had been played more than 22 million times. Caillet had built a global fan base while never leaving her Malibu home. In 2007, Universal Records released her debut album, Coco, which peaked at No. 5 on the Billboard charts and reached platinum status.

The problem of piracy in music is, of course, very different from the problem in comedy. Stand-up comics worry most about a rival, not a fan, copying their jokes. Still, the reduction of consumer copying of music via norms may be possible, and will become more imaginable if the music industry experiences ever-greater fragmentation and communication. There is already an interesting example of norms playing a substantial role in controlling copying in music. In the culture of jambands, we see the fans themselves taking action to deter pirates. What are jambands? In a fascinating 2006 paper, legal scholar Mark Schultz studied the unique culture of a group of bands that belong to a musical genre, pioneered by the Grateful Dead, characterized by long-form improvisation, extensive touring, recreational drug use, and dedicated fans. Although acts like Phish, Blues Traveler, and the Dave Mathews Band vary in their styles, they are all recognizably inspired by the progenitors of jam music, the Dead. But the Dead's influence is not only musical. Most jambands adhere to a particular relationship with their fans that also was forged by the Dead.

A key part of this was that the major labels, key members of ASCAP, suddenly started "dropping out" of ASCAP in order to do licensing directly. At first we thought this was a sign of how the labels might be realizing that ASCAP was obsolete and out of touch, but it has since become clear that these "removals" were all something of a scam to force Pandora into higher rates.

What happened was that ASCAP and Pandora had first negotiated a higher rate than Pandora had agreed to in the past -- reaching a handshake agreement. However, before that agreement could be finalized, these labels started "withdrawing" from ASCAP in order to negotiate directly. As part of that, both ASCAP and the labels refused to tell Pandora which songs had been withdrawn, meaning that if Pandora accidentally played one of the withdrawn songs (again, without knowing which songs were withdrawn),

Commander Hadfield posted on Twitter this morning that today is the last day for the video online, because they only had a license to use it for one year.

It's got over 22 million views, and it's about to go away... because of copyright and the idea that everything needs to be licensed.

Wallace took cellphone pictures and video after the shooting stopped, but he said Mesquite police confiscated the phone and deleted the video and pictures. The phone was returned four days later, he said.

The law states that police need a court order to confiscate a camera unless it was used in a commission of a crime. The only exception is if there are exigent circumstances, such as a strong belief that the witness will destroy the photos, therefore destroying evidence. Under no circumstances do police have the right to delete footage.

Of course, internet access has already been spreading to the far corners of the planet without any "help" from the ITU. Over two billion people are already online, representing about a third of the planet. And, yes, spreading that access further is a good goal, but the ITU is not the player to do it. The reason that the internet has been so successful and has already spread as far as it has, as fast as it has, is that it hasn't been controlled by a bureaucratic government body in which only other governments could vote. Instead, it was built as an open interoperable system that anyone could help build out. It was built in a bottom up manner, mainly by engineers, not bureaucrats. Changing that now makes very little sense.

And that's the thing. The internet works just fine. The only reason to "fix" it, is to "break" it in exactly the way the ITU wants, which is to favor a few players who have done nothing innovative to actually deserve it.