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Technologies that will be criminal if we lose Grokster: email, blogs, Xerox machines







Technologies that will be criminal if we
lose Grokster: email, bl0gs, Xerox
machines

Technologies that will be criminal if we
lose Grokster: email, bl0gs, Xerox
machines
03/22/2005 05:00 PM

Cory Doctorow: Next week is the Grokster Supreme Court hearing, where Hollywood will argue that technologies that are capable of being used to infringe copyright should be designed to prevent such infringement. In the week leading up to the hearing, EFF is publishing a daily list of technologies that couldn't survive such a standard, including Xerox machines, TCP/IP, blogs, VCRs, Email and more.

The Xerox machine

Vitals
This machine makes perfect replicas of printed pages. It can expand or contract the images on those pages, change their colors, and collate batches of pages into various configurations. It is ideal for copying pages from books, creating posters, and duplicating pictures.

Invented
"Xerography," or copying via electrostatic energy, was discovered in 1937 by law student Chester Carlson.

What this machine has made possible
The desktop publishing revolution, zines as an art form, cheaply reproduced classroom materials, quick reproductions of reports or other business materials, and an easy way for political or arts groups to create flyers that raise awareness about their work.

Link




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





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I know, I know... There are hundreds of reasons why, and a lot of people would completely disagree with that statement.

But today I realized one big reason: choice.

Many people send funny jokes and pictures around the office and friends. You know - a long joke, or a funny picture, or in the extreme cases, a 3.5 Megabyte Powerpoint (with pictures) or a Quicktime movie file.

I hate it. On some of my email accounts, I have a mail quota - and I hit it really fast if I'm away a week. If I printed and burned all the Powerpoint slideshows I get, I could comfortably warm my house through the winter. I also read my mail quite often through GPRS (40 kbps or less), and I really, really don't like it when a "fun" movie clogs the connection for several minutes.

On the other hand, I have no problems whatsoever with people who post fun things on their blogs. The difference? Choice.

I get to choose whether I want to see that "fun" thing or not. Sometimes I don't have the time, or I don't have the equipment, or I just can't be bothered. With email it just comes to your inbox, and you cannot do a damned thing about it. Anyone can send me email, even the people with a bad sense of humour. (Not that I know any) You have to react to email, even if it's just deleting the message without reading. If someone, however, posts a link to their blog, I can read the description, bookmark it and come back to the message later on. Bloglines allows me to save blog entries easily for later viewing - which is highly useful and does not clutter my Bookmarks bar.

Blogs are a far better way of spreading memes than email, because they reach fertile ground quicker. Email depends too much on people forwarding your "funny" thing to others - blogs are visible to all people (and Google). Therefore, blogs will eventually surpass email as the preferred communication medium for non-personal items. I think :)


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TWENTIETH CENTURY FOX FILM CORP., currently suing Grokster and Morpheus for alleged copyright violations enabled by their peer-to-peer technology, apparently advertises through software bundled with Grokster, according to adware researcher Eric Howes. Howes reported Thursday afternoon that he was served a full-screen trailer for the DVD of the 20th Century Fox movie "Fat Albert," after downloading all of the software bundled with Grokster--eight separate adware programs.
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This article has a good wrap-up.

So far, lower courts have ruled that the defendants in the case — Grokster and StreamCast Networks — can't be held responsible for what users do with their software, even if that includes illegally downloading copyrighted songs, films and software products.

For their sake, I hope Big Media has got a better attorney than the last time they lost. I heard an MP3 of the arguments (available at the link), and their guy was just destroyed by the other side (I think it was a EFF or someone that was fronting the counsel). The media attorney seemed like a total amateur.


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My cow-orker Ren Bucholz has done a magnificent and pithy analysis of the parallels between the 1983 Supreme Court arguments in Betamax, in which the studios argued that the VCR should be criminalized, and last week's arguments in the 9th Circuit Appeals Court in Grokster, in which the recording industry argued the same thing about P2P file-sharing networks:
Later in last week's argument, Judge Thomas took Frackman's argument (knowledge - ability = contributory infringement) to its logical conclusion by asking whether he thought Xerox should be held liable when a UCLA student uses a photocopier to make infringing copies. Here's what happened to Kroft in '83:
Justice Stevens: Under your test, supposing somebody tells the Xerox people that there are people making illegal copies with their machine, and they know it. What are they supposed to do? ... Your view of the law is that as long as Xerox knows that there is some illegal copying going on, Xerox is a contributory infringer?

Kroft: To be consistent, your honor, I'd have to say yes.

Justice Stevens: A rather extreme position.
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Several amicus briefs were just filed in the case. Ed Felten gives a good summary of what's wrong the with anti-P2P view:

"These briefs are caught between nostalgia for a past that never existed, and false hope for future technologies that won't do the job."

Like it or not, much more than the future of the music industry is at stake here. In fact, business models for recorded music are are among the least likely things to change depending on how Grokster comes out. The P2P horse is out of the barn, but so is the licensed digital music horse, thanks to iTunes, Real Rhapsody, Mercora, and other innovators. I'm much more worried about what the case might mean for the Net as a whole.


Grokster transcript PDF


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Cory Doctorow: The oral argument from last month's Grokster Supreme Court case (where EFF argued that technology companies shouldn't have to imagine all the infringing ways that their customers might use their products and design to prevent them -- otherwise the iPod, Outlook and the Xerox machine would all be illegal) is available online now as a transcript. It's 55 pages long, but the type is big and double-spaced! 144K PDF Link (via Copyfight)

Grokster roundups


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Tim Anderson was at the Supreme Court hearing on the Grokster case and writes it up without too too much legalese. So does Donna Wentworth at Copyfight. Wendy "Berkperson" Seltzer has a bit at EFF, as well as a photo of her camping out on the Courthouse steps. Would we expect any less from the EFF? Here's the friend of the court brief prepared by three of the Berkman's leaders: The brief urged the Court not to modify the standard it created 20 years ago in its landmark Sony-Betamax decision, which exempted from liability the distributors of technologies - in...

bl0gging mgm vs. grokster


bl0gging mgm vs. grokster 03/28/2005 11:36 PM
Blogging it Live from outside SCOTUS and MGM vs. Grokster, it's NickD.

Grokster, the FEC, Apple and Me


Grokster, the FEC, Apple and Me 03/31/2005 09:04 AM
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Xerox Gets Jammed


Xerox Gets Jammed 04/27/2004 10:09 AM
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Trash Your Xerox


Trash Your Xerox 09/14/2004 12:43 PM
A lame, grammatically challenged tag line speaks volumes about Xerox's problems.
Grok Description matches for Technologies that will be criminal if we lose Grokster: email, blogs, Xerox machines
GrokA matches for Technologies that will be criminal if we lose Grokster: email, blogs, Xerox machines

Technologies that will be criminal if we lose Grokster: email, blogs, Xerox machines

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

















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