Category Archives: Law: Copyright and DMCA

RIAA’s Latest is Not Quite as Bad As It Sounds

RIAA sues a guy claiming he’s downloading copyrighted songs without permission. Guy moves for summary judgment saying they got his name wrong, he never downloaded nuthin, doesn’t even have file sharing programs on his computer. RIAA doesn’t actually dispute any of his factual assertions via affidavit, which would be the normal response if they had a case (but can lead to sanctions if they knowingly lie). Instead, RIAA moves for expedited discovery.

Is this just a ‘shopping expedition’? You might expect me to say so. And indeed, news reports would make you think so. But I’ve had a look at the affidavit supporting RIAA’s motion, and it’s not baseless at all. Rather, RIAA says that they have third-party info that a certain IP number was used to do downloads it alleges copied material without a license. And it further has information from an ISP linking that IP number to a person it says is the defendant (he contests that).

Seems to me that the court might reasonably first order discovery on the identity issue before going whole hog. But if the defendant is in fact shown to be the person fingered by the ISP, then I think RIAA’s request for further discovery is not ridiculous. None of which means RIAA will win, or deserves to win (or lose) on the merits about which I am of course ignorant.

[corrected]

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Microsoft: Open Source Should NOT be Part of the ‘Future of Higher Education’

Inside Higher Ed has a fascinating story about a Microsoft executive’s partly successful attempt to undermine an endorsement of open source software in a report by a national commission on education.

Changing the Report, After the Vote: Except for David Ward, president of the American Council on Education, every member of the Secretary of Education’s Commission on the Future of Higher Education found enough to endorse in the draft the panel produced last month to support it over all. All of them, certainly, also found some aspects of the report objectionable, yet swallowed those objections and agreed, at a public meeting August 10, to sign the report. The panel’s members agreed at the time that the report would undergo only minor copy editing and “wordsmithing”� between then and when it was formally presented to Education Secretary Margaret Spellings later this month.

That agreement was nearly imperiled last weekend, though. Gerri Elliott, corporate vice president at Microsoft’s Worldwide Public Sector division, sent an e-mail message to fellow commissioners Friday evening saying that she “vigorously” objected to a paragraph in which the panel embraced and encouraged the development of open source software and open content projects in higher education.

Microsoft didn’t get everything it wanted, but it got more than half a loaf: as a result of a lot of back-and-forth detailed by Inside Higher Ed, a ringing endorsement (“The commission encourages the creation of incentives to promote the development of open-source and open-content projects at universities and colleges across the United States…”) got severely watered down to a pretty mealy-mouthed statement (“The commission encourages the creation of incentives to promote the development of information-technology-based collaborative tools and capabilities at universities and colleges across the United States, … Both commercial development and new collaborative paradigms such as open source, open content, and open learning will be important …”).

I keep trying to get our university to use more open source software, or at least to offer it as an alternative to the commercial stuff. It’s an uphill battle especially at the applications level. Yet I still believe that in a school in which a substantial fraction of the class will end up in very small firms, we have a duty to teach people how to use free tools rather than saddle them with habits which will contribute to high overheads.

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RIAA Meets Its Match

RIIA — the people who are building the spamigation capability to sue each and every of their customers — officially lost the culture war today. Despite all their efforts to define any form of copying as “piracy,” and to frighten children away from fair use, despite their efforts to blanket college campuses with their anti-downloading videos (contains several artful true but misleading statements), on this evening their efforts come to naught: yes, tonight Weird Al Yankovic unveils video for his latest tune, Don’t Download This Song. And you can download it now…

I think that even Captain Copyright won’t be able to overcome the Weird Al effect on impressionable young minds.

Posted in Law: Copyright and DMCA | 2 Comments

Learning to Love DRM

Ed Felton has a guest blogger who hasn’t wasted much time shaking things up. In Rethinking DRM Dystopia David Robinson points out that so far ‘the market’ (by which he seems to mean the actions of a Very Large Company with a dominant position in one market and a cunning plan to leverage itself into domination into a related one) blunts the effects of DRM in the downloadable music sector. Maybe, he muses, capitalism will correct for the worst excess of DRM as a more general matter?

I confess I’m not persuaded much by this argument since I don’t think this example would be generalizable without the existence of the Very Large Company backed by a huge pot of money. I think the iTunes etc. sector is an currently a DRM anomaly, and the fights over anti-consumer hardware HDTV and ‘trusted computing’ are more the usual case.

But it’s an interesting essay, and definitely food for thought.

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Creative Commons License Enforceable in the Netherlands

Via GROKLAW, the news that a Dutch court has become one of the first to rule on the validity of a Creative Commons License — and it held it was valid and enforceable.

This isn’t surprising, but it is a significant milestone for Creative Commons.

Posted in Law: Copyright and DMCA | 1 Comment

Free Software, the Public Domain, and the People Who Don’t Get It

This article on free software by a Mozilla Foundation staffer (or is he a bannana seller?) is really really funny. Or tragic. Or both.

A little while ago, I received an e-mail from a lady in the Trading Standards department of a large northern town. They had encountered businesses which were selling copies of Firefox, and wanted to confirm that this was in violation of our licence agreements before taking action against them.

I wrote back, politely explaining the principles of copyleft — that the software was free, both as in speech and as in price, and that people copying and redistributing it was a feature, not a bug. I said that selling verbatim copies of Firefox on physical media was absolutely fine with us, and we would like her to return any confiscated CDs and allow us to continue with our plan for world domination (or words to that effect).

Unfortunately, this was not well received. Her reply was incredulous:

“I can’t believe that your company would allow people to make money from something that you allow people to have free access to. Is this really the case?” she asked.

“If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation, as it is difficult for us to give general advice to businesses over what is/is not permitted.”

On a more serious note, the same cast of mind is visible at WIPO, where it can do far more damage. As EFF notes,

Intellectual property rights are supposed to promote the same goals [“a rich and accessible public domain” -mf], but you’d never know it from the comments of some participants who seemed to fundamentally misunderstand the essential relationship between IP and the public domain. Apparently under the mistaken impression that the public domain is the opposite of intellectual property, these participants claimed that the proposal was outside WIPO’s mandate.

EFF’s (and Jamie Love & Jamie Boyle’s) work is transforming WIPO one post at a time:

The public interest groups continue to subversively write down what’s going on and publish it, something that WIPO’s Secretariat once described as “abusing WIPO’s hospitality” — normally, the Secretariat would release a report six months after the fact, once everyone quoted in it had the chance to revise the report of what they’d said. EFF and others publish their account of the WIPO deliberations daily — twice a day, when it’s going hot and heavy — and it gets slashdotted, read by delegates’ bosses in their capitols, and distributed. It has a genuinely disruptive effect on the orderly dividing-and-conquering of the world that’s underway there.

Posted in Law: Copyright and DMCA, UK | Comments Off on Free Software, the Public Domain, and the People Who Don’t Get It