Category Archives: Copyright

Education Entertainment

EDUCAUSE is up in arms about a proposed amendment to the Higher Education Reauthorization Act that the Senate is supposed to be considering today. It basically makes the Secretary of Education an arm of the MPAA and requires institutions of higher education to police file sharing. I think this is the most interesting part of the amendment, where it’s saying it will:

(1) the 25 institutions of higher education participating in programs under this title, which have received during the previous calendar year the highest number of written notices fromm copyright owners, or persons authorized to act on behalf of copyright holders, alleging infringement of copyright by users of the institution’s information technology systems, where such notices identify with specificity the works alleged to the infringed, or a representative list of works alleged to be infringed, the date and time of the alleged infringing conduct together with information sufficient to identify the infringing user, and information sufficient to contact the copyright owner or its authorized representative; and
— Text of Amendments, SA 2314, Congressional Record — Senate, 17 July 2007

So universities are supposed to keep lists of allegations against their students (or staff or faculty) and those lists can be used to determine their funding. Allegations, mind you, not convictions. This is once again the entertainment industry tail wagging the dog, in this case higher education. Hm, I suppose that’s a bad analogy, since the entertainment industry seems to only understand the big head, not the long tail….

And as if to demonstrate Republicans have no monopoly on horribly bad ideas, this amendment is proposed by the Senate Majority Leader, Democrat Harry Reid. Is the Internet really that hard to understand?

-jsq

Russian Music Contracts

Fergie notes that a Russian court ruled for contract over copyright:

After the IFPI [International Federation of the Phonographic Industry] pressured credit card companies not to process payments to AllOfMP3.com, the company sued in a Russian court, claiming that its credit card processing contract had been broken illegally. Now, despite the fact that AllOfMP3 is no more, the company behind the service has apparently won a judgment against Visa’s Russian agent.
According to CNews, a Russian technology site, the backers of AllOfMP3 have just won their case against Rosbank, the Russian company that does much of Visa’s processing in that country. The court ruled that Visa can only break its contracts with merchants are when they are found guilty of breaking the law; breaking those contracts after talking to business groups like the IFPI was ruled illegal.
The ruling means that Visa may be forced to start processing payments to sites like AllTunes.com and MP3sparks, the AllOfMP3 replacement site, and Visa apparently does not plan to appeal.
— Russian court rules that Visa must process payments for Allofmp3.com, By Nate Anderson, ars technica, Published: July 16, 2007 – 01:59PM CT

Will this last? Continue reading →

FTC: What, Me Worry?

The U.S. Federal Trade Commission (FTC) says there’s no need for net neutrality:

FTC Chairwoman Deborah Platt Majoras said that without evidence of “market failure or demonstrated consumer harm, policy makers should be particularly hesitant to enact new regulation in this area.”

So in a “market” where the average customer has at most two choices, we’re supposed to wait for a market failure? Continue reading →

Dead Air

Today is the Day of Silence for Internet Radio:

If you’re accustomed to listening to streaming Internet radio or streaming music services such as Pandora, you may be surprised to discover that when you tune into your favorite streams today you’re greeted with silence. Many Internet broadcasters—including Yahoo!, Rhapsody, Live365 stations, MTV Online, AccuRadio, and KCRW (a popular public radio station in Santa Monica, CA)—have gone silent today in a Day of Silence protest over a change in the way they’ll be charged for their services. This change, which will levy fees based on the number of listeners tuned into a particular song rather than on a percent of the broadcaster’s revenue (as was the model in the past), will likely put most Internet broadcasters out of business.
— Day of Silence, By Christopher Breen, Playlist, 26 June 2007

It’s sad that the music industry as we previously knew it is dying, but nuking Internet distribution of music isn’t going to solve that problem, which the record industry largely brought on itself. Continue reading →

Framing Net Neutrality

Here’s an interesting exercise in framing net neutrality:

On the one side are traditional media – phone and cable companies, the carriers – in rare agreement. They do not want to be regulated, and they want to preserve the profitability potential that protects their network upgrades. They are therefore joined by some hardware tech firms. On the other side is what might be called the internet-industrial complex – consisting of idealistic net community folks, small start-ups, large Silicon Valley corporations pretending to be both – and Hollywood, in another strange bed fellowship.
The US Congress is in the middle; by the latest count six bills are pending, and while none is likely to be passed for now, the process itself has been a boon.
— A third way for net neutrality, By Eli Noam, Financial Times, 29 August 2006

Note “internet-industrial complex”, in analogy to Eisenhower’s phrase, “military-industrial complex”. Yet the cablecos and telcos are said to be “in rare agreement” when actually they have long been acting on the same side on this issue; after all, it’s in both their (short-term) interests to keep the number of players down. With no competition, there’s no real market, and thus no real competition (which long-term means they won’t be competitive with their international competitors, which are already offering speeds ten times faster for similar prices). Continue reading →

AT&T Attacks Content

AT&T Inc. has joined Hollywood studios and recording companies in trying to keep pirated films, music and other content off its network — the first major carrier of Internet traffic to do so.
…
As AT&T has begun selling pay-television services, the company has realized that its interests are more closely aligned with Hollywood, Cicconi said in an interview Tuesday. The company’s top leaders recently decided to help Hollywood protect the digital copyrights to that content.
“We do recognize that a lot of our future business depends on exciting and interesting content,” he said.
— AT&T to target pirated content, It joins Hollywood in trying to keep bootleg material off its network. By James S. Granelli, L.A. Times, June 13, 2007

Now it’s for Internet video. Which is what “James W. Cicconi, an AT&T senior vice president,” meant by “exciting and interesting content.” Nevermind participatory customer-generated content, or that customers might not want AT&T monitoring their content. Continue reading →

Postal Radio?

What’s the point of a free press if it can’t be delivered?

To the surprise of many independent publishers, in February the Postal Regulatory Commission (PRC), the body in charge of determining postal rates, rejected a rate-hike plan that was submitted by the U.S. Postal Service, the people in the business of delivering the mail for the past 215 years. This plan was widely understood to call for an approximate 12 percent increase that would have hit all publications more or less equally.
Instead the PRC adopted a revised version of an extremely complicated proposal submitted by media conglomerate Time Warner that included a number of possible discounts favoring the largest publishers.
— Postal Rates = Free Press, Rate hike pushed by media conglomerate Time Warner threaten small and medium-circulation publications, By Robert W. McChesney, In These Times May 17, 2007

Why Time Warner? Continue reading →

Has YOUR Free Speech Been Infringed?

As the law firm for an English soccer league puts it in a letter about their lawsuit against google:

“HAS YOUR COPYRIGHT BEEN INFRINGED BY YOUTUBE?”
— YouTube class action lawsuit: Has YOUR copyright been infringed?, by Donna Bogatin, Digital Markets, zdnet blogs, May 5th, 2007

Well, I write books, so I should be concerned about copyright.

What else do they say?

The Defendants (Google, YouTube) have willfully violated the intellectual property rights that were created and made valuable by the investment – sometimes the life-long investment – of creativity, time, talent, energy, and resources of content producers other than the Defendants. The complaint asserts several legal claims against the Defendants, including direct copyright infringement, contributory copyright infringement, and vicarious copyright infringement.

Well, who could argue with that? Continue reading →

The Other Regulatorium

I may have mentioned that the telcos and cablecos seem to like to game legal and regulatory systems in their favor. There’s another group of companies doing the same thing:

If there was ever an example of why the DMCA needs to die, this is it. The idea that a sixteen-digit number is illegal to possess, to discuss in class, or to post on a news site is offensive to a country where free speech is the first order of the Constitution. The MPAA and RIAA are conspiring to unmake America, to turn this into a country where free expression, due process, and the rule of law take a back-seat to a perpetual set of governmental handouts intended to guarantee the long-term profitability of a small handful of corrupt companies.
—EFF explains the law on AACS keys, Cory Doctorow, boingboing, Wednesday, May 2, 2007

Why would the activities of the Motion Picture Association of America and the Recording Industry Association of America be worth such a polemic by Cory, who after all lives partly by copyright in his hat as a science fiction writer? Continue reading →

RIAA, Radio Star

As we’ve seen, RIAA has been pushing for Internet Radio DRM, limitations to the Fair Use Act, and apparently elimination of Internet radio. This may seem counter-productive. Doesn’t the Recording Industry Association of America want to promote its recording artists? And isn’t radio a traditional way of doing that? And doesn’t Internet radio provide even wider reach of marketing for RIAA’s artists’ products?

Well, not really:

The answer is sales. The RIAA isn’t pushing for every artist, it’s pushing a few select products. One star selling a million records is worth a lot more than one hundred stars selling ten thousand records each, even if the end numbers seem to tally up the same.
— Can you hear me now? by Brett Thomas, bit-tech.net, Published: 21st April 2007

In other words, apparently RIAA is pushing the fat head and doesn’t care about the long tail; much less about participation. Continue reading →

Peerflow

Open participation through a fast Internet