stargeek
PHP news website logo.
home    PHP scripts    articles    seo tools    links    search    contact    shop    realtors


Chipping Away at Fair Use







Chipping Away at Fair Use

Chipping Away at Fair Use 10/29/2003 12:10 AM

Ernest Has ‘Way More Time Than I Do Lately

"And doing great things with the time he takes — so check out his blog entry pointing to a wide range of discussions on the DMCA exceptions that were posted today by the Librarian of Congress: Ancillary Works on DVD DMCA Exemption Denied" [Furdlog]

Ditto and "what he said." If you've noticed a slowdown at LawMeme, it's because Ernie's posts are on his personal blog now, and he must be foregoing sleep in order to post as often as he is at The Importance Of (RSS feed here, although I'm going to take a moment to plead with Ernest to provide a feed with the full text of his posts!). He's really been on a roll the last few days.

On a more depressing note, make sure you follow the link above to Ernie's post and read up on the four< /A> DMCA exemptions& nbsp;ruling, too, because today our government again decided that we do not have a right to "fair use" of the digital files we purchase. Not surprising given the way the entertainment industry has framed the debate and paid for legislation over the last decade, but discouraging nonetheless.

If legislators were forced to vote today for the "right of first sale" of digital files, which is the exemption that has traditionally allowed libraries to circulate physical materials, I wonder how many of them would blindly sign it away without a second thought to libraries. If public libraries didn't already exist, would we be able to start them in this day and age? My guess is no.




This is a GrokNews Entry: (what is grok?)





Similar Items

Chipping Away at Fair Use

Grok Headline matches for Chipping Away at Fair Use

Chipping in


Chipping in 04/23/2004 05:34 AM
CNET Asia Apr 23 2004 8:59AM GMT

Chipping Away at the Negativity Around
Semis


Chipping Away at the Negativity Around
Semis
07/30/2004 06:36 AM
TheStreet.com Jul 30 2004 11:17AM GMT

Chipping away at privacy with radio
waves


Chipping away at privacy with radio
waves
04/14/2004 01:08 PM
CNN Apr 14 2004 3:48PM GMT

Super Science Fair Projects: Complete
Guide to Science Fair Projects, Topics
and Experiments


Super Science Fair Projects: Complete
Guide to Science Fair Projects, Topics
and Experiments
05/24/2004 06:24 AM
Super Science Fair Projects: Complete Guide to Science Fair Projects, Topics and Experiments
http://www.super-sc ience-fair-projects.com/

Today your teacher announced that your school is going to have a science fair and students are responsible for exhibiting their projects. What do you feel? Enthusiastic? Despondent? Dreadful? Fearful? Excited?" This statement opens the Super Science Fair Projects site. Actually, whether student or parent, science fair projects, while great ways to get students actively involved in learning the scientific method and problem solving, can be tough assignments. This site may help you with one of the hardest parts: coming up with an idea. The site does a great job of walking the visitor through the steps needed to plan and implement a project, from Choosing a Topic, the Scientific Method, and writing the Project Report. There are even tips on displaying your project, rehearsing, winning over judges, and what to expect the day of the fair. This is definitely a great tool to tap into when planning a science fair project.[From The NSDL Scout Report for Math, Engineering, and Technology, Copyright Internet Scout Project 1994-2003. http://scout.wisc.edu/]

Apple: fair play or failure to play
fair?


Apple: fair play or failure to play
fair?
08/07/2004 01:18 AM
Is Apple playing fair or not? On the one hand, it's their device, their music store, and their software.

Fair NAT 0.68


Fair NAT 0.68 05/03/2004 10:45 AM
A tool that distributes bandwidth in a fair manner among the clients in the LAN.

It's a fair CoP


It's a fair CoP 03/24/2005 08:31 PM
vnunet.com Mar 25 2005 12:10AM GMT

Hey...not fair!


Hey...not fair! 04/09/2004 04:02 PM
"You look intimidating when you aren't smiling" - Jasmine Lam See...I'm not giving anyone dirty looks on purpose. And yes,...

Fair use, or not fair?


Fair use, or not fair? 04/09/2004 04:09 PM
Last week we posted a story written by my colleague David Graham titled Proven: Windows is more secure than Linux. It was one of the better-read pieces on the site this week. Four days after the article was posted, David did a Google search and found more than half a dozen sites had linked to the piece -- flattering. But at least three sites posted all or a substantial portion of the piece on their own sites -- and that's a problem.

It’s Not Fair


It’s Not Fair 09/11/2004 12:31 PM
Back in May, I whined that Jeremy Hedley of Antipixel would get better pictures than me even if he was using a drugstore disposable. Well, OK, so it turned out to be a cellphone camera. Sigh. (Oh yes, and Simon Phipps has a little masterpiece today, too).

The Fair Tax


The Fair Tax 05/01/2004 09:06 AM
The FairTax is a consumption tax designed to replace the entire federal income tax system, including personal, payroll, corporate, self-employment, capital gains, gift, and inheritance taxes. [more!!]

Ah fair use, where would we be without
you?


Ah fair use, where would we be without
you?
06/24/2005 06:53 PM

Jason Kottke was just on G4's Attack of the Show, and thanks to my hacked TiVo, it's available as a 85Mb MPEG2 torrent.

Jason did great for live TV, which is just about the most stressful thing in the world. He seemed relaxed, though the host seemed a little manic. I assume a producer was screaming in the host's ear to keep Jason moving, which caused the host to cut Jason off whenever he started sounding reflective. My favorite parts were the host violating the Adsense terms of service by goading people into clicking his ad links and the graphic "Blogging for Bling" in the background (because clearly, Jason's only in it for the benjamins).


Fair NAT 0.74


Fair NAT 0.74 05/11/2004 09:02 PM
A tool that distributes bandwidth in a fair manner among the clients in the LAN.

Fair Use with DVDs


Fair Use with DVDs 07/08/2004 08:25 PM

  • NY Times: Whose DVD? A Debate Over Copies. The free copying tools are available through Internet sites that are not directly subject to American law, often because the nations that those sites call home permit individuals to copy material for their own use. People seeking such tools need only pose the question in an Internet search engine to find dozens of sites devoted to the subject, including the Afonic DVD Guides site (www .dvd-guides.com), run by Joseph Chatzimichail, a 20-year-old electrical and computer engineering student in Salonika, Greece.

  • Fair Use in China


    Fair Use in China 09/15/2004 09:25 AM
    That'll teach us for teaching the Chinese about the importance of copyright law. Google has been threat ened for using news summaries in its Hong Kong Google News service.

    What is fair pricing for MT3


    What is fair pricing for MT3 05/13/2004 05:03 PM
    Their are a few articles out there saying that some of us only want something if it is free. Personally...

    Photos From Toy Fair


    Photos From Toy Fair 02/14/2004 05:15 PM
    Looks like things got started a bit early today up at Toy Fair in New York. Here's our first upload of photos from the show. We have three servers with the files on them which should hopefully ensure fast browsing. There is also a set of miscellaneous photos of non-Star Wars things some might find interesting. Gentle Giant - Miscellaneous Gentle Giant - Miscellaneous Gentle Giant - Miscellaneous

    New Photos From Toy Fair


    New Photos From Toy Fair 02/15/2004 07:37 PM
    It's been a day full of meeting and greeting, walking and talking, shooting and re-booting in New York today, but we've finally hit all Star Wars licensees that attended Toy Fair. Check out the latest offerings from Code 3, LEGO, and Master Replicas...who gave Rebelscum an exclusive look under the case of an exciting new product...the AT-AT walker! More detailed information will come soon, but for now enjoy the photos from Toy Fair.

    Singapore fair use


    Singapore fair use 09/27/2004 08:41 AM
    I'm giving a couple of talks in Singapore in December and one of my kind hosts has sent me a form on which I'm to list every copyrighted and non-copyrighted source I use in the handouts, along with this explanation of what constitutes fair use in Singapore. I'd say that this is what we have to worry about our copyright law doing to the free expression of ideas, but I'm afraid you're going to tell me that this is in fact where our copyright law already is. Sigh....

    Fair and buxom


    Fair and buxom 02/05/2005 09:14 PM
    You can't make this stuff up.

    Fair and Balanced


    Fair and Balanced 05/04/2004 09:16 PM
    Read this Editorial titled Leader: iTunes ain't what it used to be from Silicon.com. If you're like me you'll see many glaring errors. Let's start...

    so it's only fair to join in


    so it's only fair to join in 11/01/2003 06:24 AM
    largest fire disaster .. CALIFORNIA'S REQUEST .. fire

    latimes.com/la-me-fema31oct31,1,443306.story
    track this site | 5 links


    Monster Fair 1.1.6


    Monster Fair 1.1.6 12/24/2004 12:13 PM
    Welcome to the greatest pinball show.

    Fair use is a right AND a defense


    Fair use is a right AND a defense 09/09/2004 02:43 PM
    Cory Doctorow: The entertainment companies often tell us that "fair use isn't a right, it's a defense." It's techincally true, but legally disingenous. As my cow-orker Fred Von Lohmann noted today in a mailing list post, "I've heard Peter Jaszi say on several occasions (and more eloquently), First Amendment is like fair use, technically invoked as a defense in court, but that doesn't stop us from talking about our *right* to free speech."

    Fair Use in Action!


    Fair Use in Action! 07/27/2004 06:08 PM

    Barbies in a Blender with a CC button

    We enjoyed the shot above from the completely legal Barbie-in-a-Blender art gallery, from the folks at free culture. The full story behind the site is here.


    Fair Use and Misuse


    Fair Use and Misuse 08/27/2004 01:58 PM
    Here is a very worrisome problem concerning fair use. It has to do with a dichotomy long noted by legal thinkers between the law on the books and the law in action. They often diverge. And fair use is an example of this divergence. As I said in an earlier...

    Fair Use and Licensing


    Fair Use and Licensing 08/23/2004 10:05 AM
    "Fair use" is a doctrine of copyright law (with counterparts in patent and trademark law as well) that allows a degree of unauthorized copying of copyrighted works. Shocking! Squatters' rights! Can a teenager take my car for a joy ride and when he's caught plead "fair use"--that I wasn't using...

    Fair Use in the Digital Age


    Fair Use in the Digital Age 08/10/2004 10:35 AM
    Out of concern that the Digital Millenium Copyright Act went too far in restricting fair use in the digital era, I have drafted and introduced along with John Doolittle of California H.R. 107, the Digital Media Consumers' Rights Act. Among other objectives, the bill would confirm that a person would...

    Licensing and Fair Use


    Licensing and Fair Use 08/23/2004 10:05 AM
    The conventional economic objection to copyright and other IP propertization is that it limits access and by doing so causes a misallocation of resources: making and distributing another copy of some piece of software might cost nothing (well, virtually nothing), and yet if the copyright owner charges a price of...

    Fair Use Elaborated


    Fair Use Elaborated 08/27/2004 01:58 PM
    I've received some interesting comments on my last posting. One of the commenters asked me to explain the fair use doctrine; here goes. The doctrine, which has close counterparts in patent and trademark law, permits a degree of unauthorized copying of copyrighted works. Shocking! If a teenager takes a joyride...

    College To Do Away With Fair Use


    College To Do Away With Fair Use 12/17/2003 09:34 PM
    The latest silliness from our college campuses is this bit of news from Ithaca College, where they're planning to tell professors that fair use no longer exists when it comes to course packs (the photocopied excerpts from various sources that many professors use to give students short excerpts from a variety of sources). While most such course packs do involve some approved material, much of it is often used on a fair-use basis - but university administrators are afraid of getting sued. Thus, they're going to tell professors that they need to license every last bit of content they use. This means that (a) professors will ditch a lot of materials, because they don't have time to get approval from everyone or because the publisher wants too much money to include a single paragraph and (b) the course packs will be much more expensive with less useful stuff for students. In some cases, professors will simply put the materials on library loan, where students will go and photocopy it anyway - basically adding an "annoyance" factor to the process. It's a great lesson we're teaching the students of today when they don't get to read certain materials because it's just too damn expensive.

    Fair and Balanced?


    Fair and Balanced? 10/28/2003 11:07 PM

    Bill Gates recently got together with Steve Mills from IBM and demonstrated some web services interoperability between our two companies' products.  It has taken awhile to get to this point, from the initial hype to the point where some of these key scenarios work without smoke and mirrors; so it is nice to see a "status report" like this.

    The first response I saw came in the form of this shrill attack piece run on CNET.  The author seems stuck in the last century, when people still bought the big lie about "write once run anywhere".  He fails to explain how "runs only on Java" is significantly different from "runs only on Windows", and completely misses the point that most enterprises have to support both types of systems (and many more) and therefore place a high priority on interop.

    The attack piece brought back fond memories of the days when Bob Metcalfe and Jai Singh (now managing editor at CNET) were together at the helm of Infoworld.  Then I saw another analysis in CNET, covering the same interop event, but surprisingly balanced, at least in comparison to the first piece.  Finally, I found yet another analysis on CNET, again covering the same event; and this one is positively glowingly accurate!

    What to make of it?  A single presentation by Bill Gates inspires three different pieces in CNET which cover the whole spectrum of opinion.  Can't complain about that.

    ~

    Tragically, politics shuts down John Poindexter's data mining program.  It seems that only Safeway is allowed to collect that sort of information about U.S. citizens.


    Fair use = free speech


    Fair use = free speech 07/11/2004 03:35 PM
    Lessig points out a documentary on Fox News, one that makes extensive use of clips from Fox, without permission, to make its point, and what this means:
    As the Times article describes, Greenwald's style for distributing documentaries may be the beginning of something new -- political criticism, using interviews and clips, making a strong political point, distributed through DVDs and political action groups. (See some other examples here). On what theory does he, and others, have the right to use such material without permission? On the free culture theory we call the First Amendment: Copyright law must, the Court told us in Eldred, embed "fair use"; "fair use" is informed by First Amendment values; the values of the First Amendment most relevant here are those expressed in New York Times v. Sullivan. As with news-gathering, critical political filmmaking needs a buffer zone of protection against the overreaching of the law. And if the potential of this medium -- now liberated by digital technology -- is to be realized, we need clear precedents that establish that critics have the freedom to criticize without having to hire a lawyer first.
    Link (Thanks, Larry!)

    Fox New: Is "Fair and Balanced"
    "ridiculous"?


    Fox New: Is "Fair and Balanced"
    "ridiculous"?
    07/18/2004 06:39 PM
    "Is 'Fair and Balanced' ridiculous?" So opened the FOX News Watch segment examining Robert Greenwald's film, OutFOXed. And astonishingly, the uncontradicted view of FOX News Watch was "yes"! As Neal Gabler put it, "To say that this network promotes the Republican view ... is like saying that the Pope is Catholic. It's self-evident ... pretty much undeniable." But, he asks, as if he hadn't actually seen the film, "So what?" So what? Well first, start with the question that opened the segment: Fox says it is "Fair and Balanced." If it is "self-evident" that it is not, then I guess we agree then that it is "ridiculous" to say that it is. And second, "obviously" media critics get this about Fox. Anyone who critically watches Fox gets this about Fox. But as one questioner at the San Francisco opening put it, for those who aren't media critics, and for those who don't actually watch Fox, just how "ridiculous" Fox's claim is is something significant. My bet is that a cross-section of FOX viewers would be surprised just how false Fox's claims actually are. The discussion opened with Jim Pinkerton of Newsday calling the film "dull and didactic." He then asserted that the film says that media networks are "either worse than the Mafia that ran Cuba in the 1950s or worse than the Soviet Union." When I heard him say that, I understood why he saw the film as "dull and didactic": if this is his view, he didn't really watch the film. The opening allusion to the Mafia comes from Robert McChesney, where he compares how the Mafia carved up Cuba with how the government carves up media ownership -- nothing to do with the media being "worse than the Mafia." The allusion to the Soviet Union, also McChesney's, again had nothing to do with Pinkerton's claim. McChesney's claim was simply that propaganda is most effective when the audience is unaware -- unlike in the Soviet Union. The other simple fabrication of Pinkerton was that the film comprised "two or three disgruntled employees." That's true if by "two or three" you mean seven (four listed here; three requested anonymity). But the more fundamental fabrication is the suggestion that the film's claims are based on nothing more than the word of "two or three disgruntled employees." The film has five independent sources for its "self-evident," as Grabler puts it, conclusion: (1) former Foxies, (2) Fox memos (unmentioned by anyone on the show), (3) independent studies of Fox viewers, (4) media commentators, and (5) clips from Fox shows. Cal Thomas -- who was one of the people in the film -- found the film flawed because it "ignored the many Democrats I've had on my show." Again, not true. The movie never asserts that there are no Democrats, or liberals on the show. It just asserts -- not denied by Thomas -- that the "balance" is "unbalanced." Indeed, in one of the best parts of the film, Greenwald reports a media group that studied months of Brit Hume's "Special Report" and found over 80% of the guests on that premier show were Republican -- and that most of the Democrats were centrists. Not balanced, and not a fair picture of the facts reported. Thomas goes on (with his wonderful announcer voice -- I love listening to him) to say something extraordinary however. Here's the quote:
    "I think the reason that this network looks so Republican ... is by contrast on [sic] what the others do. If you went and did -- as the Media Research Center has done -- clips of what is said on the broadcast networks ... you would find an enormous tilt to the left. So by contrast it looks conservative."
    I think we need more Media Research Centers on both the Left and Right and -- imagine this -- even without a political agenda! But I've not seen that they've put together "clips" as Greenwald has. And again, the film is comparing what Fox News actually is to what Fox News says it is. Jane Hall (Who? She's an assistant professor in the School of Communication at American University) complained the film was flawed because it left "out any evidence to the contrary." There were plenty of liberals on Fox she said -- for example, she said, she was a liberal. She also mentioned Jeff Cohen, cofounder of FAIR, was on Fox News Watch "for five years." Jeff Cohen? Actually, the movie not only doesn't ignore Jeff Cohen. He is one of the most critical interviewees. And again, the film doesn't say there are no liberals on Fox. The show instead reports Clara Frenk reporting that the "quality" of the liberals was far less than the quality of the conservatives -- in the sense that the liberals were either "unknown" or "weak." Hall also repeated the total non-thought that has been framed around this film -- that somehow the film is weak because it didn't get Roger Ailes to respond. The film in fact has Roger Ailes stating Fox News was to be a fair and balanced news program. It also has Roger Ailes stating Fox News failed its viewers on election night by allowing George Bush's cousin, on the basis of extremely weak data, to call the election for Bush. But even if it didn't twice include Roger Ailes in the film, the idea that before you release a film critical of someone you must include their comment is inane. I've had many critical reviews of my work published, some very intelligent, some others not. Never has anyone asked me for my comment on their review before they publish it. Indeed, to do so would be unethical. But my favorite part of the whole show is the contrast between segment one and segment two. The review of Outfoxed was in segment two. Segment one was about -- I swear -- "Media bias." For a full segment, Fox News Watch focused on a single statement by Newsweek's Evan Thomas. As Media Research Center quotes him,
    The media want Kerry to win. They’re going to portray Kerry and Edwards as being young and dynamic and optimistic, and this glow is going to be worth maybe 15 points."
    This single quote by a single editor at a single magazine apparently proves, according to the show, that liberal "media bias" exists. Yet a film gathering (1) former Foxies, (2) Fox memos, (3) independent studies of Fox viewers, (4) media commentators, and (5) clips from Fox shows is, by contrast, "not that fairly put together," said Eric Burns, the show's host. I guess they would know. They're the trademark holder for the words "Fair and Balanced" (at least until the challenge to that trademark gets resolved).

    Cedar Fair Coasts Along


    Cedar Fair Coasts Along 05/05/2004 09:38 AM
    Summer is coming and that means more wild rides and tame results for Cedar Fair.

    ICANN Is Responsible, Fair


    ICANN Is Responsible, Fair 07/19/2004 04:44 PM
    eWeek Jul 19 2004 8:06PM GMT

    Vanity Fair Cover


    Vanity Fair Cover 01/06/2005 12:01 PM
    Rebelscum has received high resolution of next month's Star Wars Vanity Fair edition. Click on the thumbnail above to see the 150 dpi version, or download the 300 dpi file.

    Vanity Fair Does It One Last Time


    Vanity Fair Does It One Last Time 01/04/2005 08:27 PM
    This month Vanity Fair will once again take readers to that galaxy far, far away with superb photos by Annie Leibovitz and an interview with George Lucas. This issue doesn't just touch on Episode III but rather all six films. For more information, please visit the official Star Wars website!

    Other News: Play Fair Already


    Other News: Play Fair Already 05/04/2004 09:32 AM
    Some folks think Apple lacks any sound basis for its attacks on the PlayFair project.
    Grok Description matches for Chipping Away at Fair Use
    GrokA matches for Chipping Away at Fair Use

    Chipping Away at Fair Use

    The following phrases have been identified by the grok system as matching this entry:

















    Also check out:


    Grok

    Ipod Porn on the
    Rise

    Brief Abstract of
    Wikipedia's
    Mesothelioma Cancer
    page

    Get first aid
    instructions in your
    cell phone

    IE is crap
    JSPWiki gains
    podcasting support

    Bush, not so
    believable after
    all?

    How the use of a
    Wiki is influencing
    the Echo process

    Fun: Digital cameras
    So much for free
    speech in the US II

    Daily show:
    Interesting
    interview with Lewis
    Lapham

    The Flash 7 buzz is
    on

    Google adds '~'
    operator

    Copyright - what
    right?

    Counter Googeling
    Wired about
    aggregators

    ActionScript
    reference library -
    The community doing
    Macromedia's job

    Flash MX 2004
    announced

    Being a Macromedia
    affiliate = being a
    sell out?

    Sorry for the lack
    of updates

    Still Angry at Torp
    Gee, ain't
    technology grand?

    On our way to Huk
    Serious nerding
    session in progress.

    Serious nerding
    session in

    Test test, i tell
    you!---This

    On our way to
    summerparade.

    More outdoorsy stuff
    Look what I found in
    my spam folder today

    Amazon switches to
    Mason

    So like, what did we
    do this weekend?

    OsloWiki Online
    The link collection
    - enklemenn edition

    This weekends
    -enklemenn
    collection

    This Week on
    perl5-porters (29
    September - 6
    October 2003)

    This Week on
    perl5-porters (6-12
    October 2003)

    Review of Regular
    Expression Pocket
    Reference

    This Week on
    perl5-porters (13-19
    October 2003)

    YAPC::NA::2004 Dates
    Set

    Happy 8th Birthday
    CPAN

    This Week on
    perl5-porters (20-26
    October 2003)

    chi.pm: Field Guide
    to Perl Command Line
    Switches

    PAR 0.76 released!
    Perl 5.8.2 RC1 is
    out

    Wallet 1.2 brings
    Panther support

    CDW, OWC Hot Deals
    updated

    Adobe, Belkin on
    Inside Mac Radio

    DailyTunes.com:
    recommendations for
    iTunes users

    Apple posts 'Federal
    Smart Card Package'
    details

    Ten Thumbs Typing
    Tutor 2.4 released

    Interview with
    Apple's Middle East
    Product Manager

    Graphic Converter
    4.9 offers G5
    optimization, more

    Peripheral Vision
    1.5 released for Mac
    OS X

    O'Reilly Mac OS X
    Conference on Inside
    Mac Radio

    OWC offers Mercury
    Extreme 700Mhz G4
    upgrade

    WindowShade X ready
    for Panther

    what is grok?