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A Supreme Court Showdown for File Sharing







A Supreme Court Showdown for File
Sharing

A Supreme Court Showdown for File
Sharing
03/27/2005 09:28 PM

The Supreme Court will hear a case in which the recording and film industries seek to hold makers of file-sharing software liable for illegal copying.




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A Supreme Court Showdown for File Sharing

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AP - The Supreme Court is set to hear arguments Tuesday on file-sharing technology. How the justices rule could redefine how consumers can watch television shows and films and listen to songs that increasingly are delivered in digital formats.

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Supreme Court Weighs in on File-Sharing
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Supreme Court Weighs in on File-Sharing
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Supreme Court Hears File-Sharing Case
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Supreme Court Hears File-Sharing Case
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03/29/2005 11:03 PM
AP - The mostly silver-haired Supreme Court debated the file-swapping, instant-messaging world of the justices' grandchildren Tuesday, openly worrying that allowing lawsuits to protect Internet movie and music rights could stunt development of the next iPod or other cool high-tech gadget.

Supreme Court Hears File-Sharing Case


Supreme Court Hears File-Sharing Case 03/30/2005 03:45 AM
Red Nova Mar 30 2005 8:12AM GMT

Grokster File-Sharing Case Hits The
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Grokster File-Sharing Case Hits The
Supreme Court
03/31/2005 12:35 PM
The Supreme Court heard arguments Tuesday from representatives of major film studios and the recording industry who are seeking to shut down peer-to-peer services they say are costing them billions of dollars. One of the questions the court kept coming back to was this: What's more important — preventing potential copyright violations or allowing the market to come up with innovative new products?

The case began when MGM and several record labels filed suit against StreamCast Networks and file-sharing network Grokster, arguing that they were intentionally created to allow people to illegally trade copyrighted material. That case was thrown out by a circuit court in August, paving the way for it to be argued in front of the Supreme Court. "The scale of the whole thing is mind-boggling," argued recording industry lawyer Donald Verrilli. "They intentionally built a network of infringing users."

News source: mtv.com

Read full story...

Supreme Court To Hear Internet File
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“On March 29, the entertainment and technology industries will descend upon Washington, D.C. to argue their respective sides before the Supreme Court in the landmark case of MGM v Grokster. At stake: the future of peer-to-peer technology, consumer electronics, software design, and consumer rights in the United States. In April 2003, a federal judge ruled that Streamcast Networks — the developer and distributor of the Morpheus file-sharing software, and Grokster — the developer and distributor…

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File Sharing Has Supreme Moment


File Sharing Has Supreme Moment 03/30/2005 06:49 AM
The debate over file sharing reaches the Supreme Court, where the justices worry about finding a test to measure the infringement potential of new tech and ponder the effects on future inventions. Katie Dean reports from Washington.

News briefs: Supreme Court to rule on
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The Supreme Court agreed to hear the entertainment industry's case against the file-sharing software companies last December. People have been debating it online ever since.

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So an underplayed aspect of this campaign has been how the Democratic candidates would differently select the Supreme Court. On NPR's debate , Senator Lieberman pointed to Justice Souter as a model. Congressman Kucinich plugged Justice Ginsburg. I've gotten a couple pings asking what the right answer is. Hard question for me. Of course neither Ginsburg nor Souter were on the correct side (or the right side) of Eldred, but I certainly think Justice Souter is a model justice -- serious, hard working, unburdened by ideology, prepared. I never quite get the principle that guides Justice Ginsburg's choice between activism and not, or principle and not, so I'm waiting to see the genius in that selection by President Clinton. Justice Breyer of course wrote a brilliant dissent in Eldred -- brilliant, though not effective. He was proud of the decision's embrace of economics as the standard by which the Sonny Bono Act was judged. But while I'm a fan of the result, I've been too deeply affected (scarred?) by the originalism/textaulism/fidelity theories of Scalia to be enamored of that method. In my view, perhaps the best sitting justice is a Republican appointee -- Stevens. And if candidates are looking for what makes the best the best, then it is certainly his judges' judge-like character. There's no simple line that predicts Justice Stevens' result -- certainly not a political line. And if there is any quality this Court needs, it is that -- following a line that does not seem a political line. The most impressive judges not sitting on the Supreme Court are also, um, Republicans. (What party am I again?) Judge Kozin ski is a great judge -- too young when appointed, but someone who has matured brilliantly in the job. And while his views about how to the interpret the constitution make me cringe, history will record the greatest judge of our time as Judge Posner. But I doubt that this is the time that a President from either party will pick greatness as the reason to select a Justice.
Grok Description matches for A Supreme Court Showdown for File Sharing
GrokA matches for A Supreme Court Showdown for File Sharing

MPAA Funds School Programs In Copyright
Dogma


MPAA Funds School Programs In Copyright
Dogma
04/25/2004 02:01 PM

Canadian Copyright Board allows
downloads, copyright levies


Canadian Copyright Board allows
downloads, copyright levies
12/14/2003 12:27 PM

The Copyright Board of Canada issued a ruling on " private copying ", largely via peer-to-peer computing, with several components. First, downloading is acceptable, but uploading is not (presumably to target hyperpirates). Second, new mechanisms for levies were described, freezing current ones, allowing new charges.

the Copyright Board said uploading or distributing copyrighted works online appeared to be prohibited under current Canadian law. However, the country's copyright law does allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorized or noninfringing version, the board said.


Ads and Copyright


Ads and Copyright 02/10/2004 02:41 AM

Never thought I'd say this, but the Super Bowl got me thinking.

Why shouldn't every advertiser release every print, audio, or multimedia ad they create under a Creative Commons license? Choose BY-NC-ND, and make clear you're protecting your trademark. Forget the cultural effect -- I'm talking pure business: What principle drives someone to enforce the full copyright in a work they'd normally pay millions to get in front of people's faces? Isn't it irrational NOT to free up distribution completely? Or am I missing something?


The FCC wants out of copyright


The FCC wants out of copyright 08/06/2004 06:18 PM
The Broadcast Flag regime is, I think, something of an embarassment for the FCC. Many of the commissioners came to the FCC to deregulate telecommunications law, not to regulate the electronics industry. Yet they find themselves in mission creep mode, issuing command-and-control rules for the design of consumer products, surely...

Copyright - what right?


Copyright - what right? 10/29/2003 12:09 AM
This slashdot posting was really interesting. its brief look at the history of copyright, and the misuse of it. Slashdot: Copyright The scary stuff for...

The Copyright Gap


The Copyright Gap 08/01/2004 03:20 PM
Here's the hypothesis: Today's telecom and copyright laws often regulate similar subjects, but with a big difference. The telecom laws slightly favor market entrants, while the copyright laws favor the incumbent disseminators. The result is a "copyright gap" that grows larger every day....

Wagner on copyright


Wagner on copyright 02/13/2004 03:58 PM
Mitch Wagner's written a very lucid essay about DRM and file-sharing that strikes me as one of the better formulations of the problem that I've seen to date.
It's rather appropriate that the logo for Disney is a mouse, because The Walt Disney Company this week announced its intention to throw money down a rathole. Disney became the latest company to license Digital Rights Management (DRM) technology. DRM doesn't work and consumers don't want it, so of course it's very appealing to big business, who are also in a big rush to sell other, equally practical products, such as anchovy flavored ice cream and bicycles with square wheels.
Link

How not to be a copyright putz


How not to be a copyright putz 08/11/2004 05:14 PM
Dan Gillmor lists the ways his book is making its way into our intellectual bloodstream. Go Dan! Go We the Media! Here's an interview of Dan by Xeni Jardin....

Are you a Copyright Criminal?


Are you a Copyright Criminal? 09/20/2004 09:08 PM
Xeni Jardin: BoingBoing reader Robert Daeley says, "Came across this picture on the wall just behind a copy machine. All the hackers I know wear ski masks when they commit their crimes. Oh, and big thick leather gloves are great for typing."

Link< /a> to blog post with pointer to full size image. Mwuhuhahahahaaaaaaa.

Copyright Basics


Copyright Basics 07/01/2004 07:02 AM
a good introductory reference

Copyright in Eight Years


Copyright in Eight Years 08/05/2004 01:50 AM
So today copyright scholar Joe Liu at Boston College asked a room full of law professors an interesting question. What did we think copyright would look like in 8 years? Here were some of the main categories of predictions (some contradict):...

Can you copyright a typeface under US
law?


Can you copyright a typeface under US
law?
12/26/2004 06:33 PM
Xeni Jardin: [NSFNLG warning: Not Safe For Non-LawGeeks.] A recent post on BoingBoing sparked debate among some readers about whether or not U.S. copyright law makes it possible to protect typefaces. Digital music guru Jim Griffin maintains that the answer is no. He points to Volume 37 of the Code of Federal Regulations (Link) as one of several portions of US law that back his assertion. Snip from the text of the law, with his comments:
"The following are examples of works not subject to copyright and applications for registration of such works cannot be entertained: (...) typeface as typeface" 37 CFR 202.1(e).

House of Representatives report accompanied the new copyright law when passed in 1976: "The Committee has considered, but chosen to defer, the possibility of protecting the design of typefaces. A 'typeface' can be defined as a set of letters, numbers, or other symbolic characters, whose forms are related by repeating design elements consistently applied in a notational system and are intended to be embodied in articles whose intrinsic utilitarian function is for use in composing text or other cognizable combinations of characters. The Committee does not regard the design of typeface, as thus defined, to be a copyrightable 'pictorial, graphic, or sculptural work' within the meaning of this bill and the application of the dividing line in section 101." H.R. Rep. No. 94-1476, 94th Congress, 2d Session at 55 (1976), reprinted in1978 U.S. Cong. and Admin. News 5659, 5668.

It's also in accordance with a court case that has considered the matter: Eltra Corp. V. Ringer, 579 F.2d 294, 208 USPQ 1 (1978, C.A. 4, Va.).

The U.S. Copyright Office holds that a bitmapped font is nothing more than a computerized representation of a typeface, and as such is not copyrightable:

"The [September 29, 1988] Policy Decision [published at 53 FR 38110] based on the [October 10,] 1986 Notice of Inquiry [published at 51 FR 36410] reiterated a number of previous registration decisions made by the [Copyright] Office. First, under existing law, typeface as such is not registerable. The Policy Decision then went on to state the Office's position that 'data that merely represents an electronic depiction of a particular typeface or individual letterform' [that is, a bitmapped font] is also not registerable." 57 FR 6201.

Link to previous BB post.

Copyright and attribution


Copyright and attribution 12/17/2004 06:33 PM
Crooked Timber has a post today on copyright and attribution that cites Creative Commons:
In short, the informal economy of academic attribution is much more like the kind of alternative economy that, say, Creative Commons is trying to create than it is like the copyright industry. Academics are usually happy when others rip, remix or even parody their work - as long as the remix artists acknowledge them by name. Similarly, the Creative Commons licenses now include a requirement for attribution as standard (it used to be optional, but 97-98% of Creative Commons users wanted it in their licenses, so that the CC crowd decided that it was easier to make it the default). The requirement that people not plagiarize (i.e. that they not use others’ work without attribution) presents no problems whatsoever for ‘free culture.’

Moving and Copyright


Moving and Copyright 07/16/2004 01:53 AM

We're moving our offices to San Francisco tomorrow. I'm packing boxes. Just noticed that our Fellowes brand cardboard file boxes carry a copyright notice: (c) Copyright 2001 Fellowes, Inc. Sure am glad they included that. Was about to pirate.


I Piss On Your Copyright


I Piss On Your Copyright 05/06/2004 12:57 PM
A joke that never gets old here in the Deep South: Putting a sticker of Calvin or someone else peeing on something as a gesture of disrespect. (05-06)

Copyright Out of Balance


Copyright Out of Balance 02/01/2005 09:12 PM
Cory Doctorow on the disappearance of important documentary films because filmmakers can't come up with continuing payments for rights to archival footage. Case in point: The legendary Civil Rights Era documentary "Eyes on the Prize". Footnote: When I was the CEO of Lotus in the mid-1980's, the company provided critical...

Hallowe'en and copyright


Hallowe'en and copyright 10/31/2003 09:37 PM
Ernie sez, "On Halloween, what is more scary than copyright law? For example, did you know that the famous vampire movie 'Nosferatu' was almost lost forever due to copyright? On the other hand the makers of a Michael Myers Halloween mask won a lawsuit by proving they took the idea from the movie. Maybe someone can figure out how to get around pumpkin carving DRM. If not, some ghost pirates (or is that pirate ghosts?) have a solution for the file sharing problem." Link (Thanks, Ernie!)

RSS feeds and copyright


RSS feeds and copyright 02/01/2005 08:40 PM
This dumb ass (also known as Martin Schwimmer of Trademark Blog, has a problem with Bloglines picking up his public RSS-feed and redistributing it. Because they might at some stage serve ads together with the content. For those of you...

U.K. copyright law goes into effect


U.K. copyright law goes into effect 10/31/2003 11:41 AM
ZDNet Oct 31 2003 11:05AM ET

Iraq's copyright law


Iraq's copyright law 05/21/2004 02:14 PM
Jamie Knox sent along Iraq's newly amended copyright law (as if THIS was where we needed to worry about rule of law in Iraq). I've just begun going through it, but there are favorite tidbits so far: collections of data can be protected; readings of the Koran are protected; and collections of government documents can be protected. But significantly, the term is life plus 50! More disharmony...

Facing the Copyright Rap


Facing the Copyright Rap 09/09/2004 05:18 AM
Including snippets of another artist's song in your work -- a popular rapper technique known as 'sampling' -- may violate copyright law, an appeals court rules.

The Tyranny of Copyright?


The Tyranny of Copyright? 01/24/2004 02:49 PM

The Copyright WebQuest


The Copyright WebQuest 09/07/2004 05:15 AM
The Copyright WebQuest
http://www.edsupport.cc/mguhlin/artifacts/consulting/copyright/
To develop an understanding of copyright law and how it applies to you, you need to develop a thorough understanding of what you are allowed to do under copyright, and, what you are not allowed to do. One way for you to get there is to critically analyze a number of copyright scenarios and discuss them from multiple perspectives. That's your task in this exercise. If you're short on time, patience, or want to try a different way, you may want to review the presentation and then take the online quiz. This has been added to Reference Resources Subject Tracer™ Information Blog and Student Research Subject Tracer™ Information Blog.

Copyright messages


Copyright messages 12/02/2002 01:17 PM

"US Copyright Office"


"US Copyright Office" 06/03/2004 12:21 PM

Copyright chill


Copyright chill 12/25/2003 11:20 PM
CNET Asia Dec 25 2003 10:35PM ET

How Copyright Stifles New Art


How Copyright Stifles New Art 04/12/2004 07:32 PM

  • JD Lasica: The Killing Fields. In the film, artists, writers, musicians, scientists, and others parade across his lens. Many of them have been threatened, sued, fined, and put out of work in the name of copyright. Horowitz captures it all in a video vérité style popularized by Michael Moore in Roger & Me and Bowling for Columbine. At various points, the iconoclastic Horowitz appears on camera, appearing dumbfounded at the tales of a preschool director who said she received letters warning that the school could not show videos to her young charges without a license or hang protected cartoon characters on the walls without permission. He also interviews members of a Rolling Stones tribute band who perform under a legal cloud and husband-and-wife party clowns in Anaheim, California, who were warned not to create balloon animals for kids that looked too much like Tigger, Barney, or the Aladdin genie.

  • "The Tyranny of Copyright?"


    "The Tyranny of Copyright?" 01/26/2004 10:21 AM

    3G Copyright Heavyweights


    3G Copyright Heavyweights 02/10/2004 06:56 AM
    3G Feb 10 2004 9:46AM GMT

    on a 95 year copyright


    on a 95 year copyright 03/06/2004 01:51 AM
    Douglas Keenan has a nice short piece about "limited times" and a 95 year copyright.

    A Supreme Court Showdown for File Sharing

    The following phrases have been identified by the grok system as matching this entry: erin enderlin copyright hypothesis, mgm v. grokster copyright infrigement on filesharing programs

















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