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Scalia Apologizes for Seizure of Recordings







Scalia Apologizes for Seizure of
Recordings

Scalia Apologizes for Seizure of
Recordings
04/12/2004 10:07 PM

Justice Antonin Scalia of the Supreme Court has apologized to two Mississippi reporters who were required to erase recordings of a speech he gave at a high school there.




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Scalia Apologizes for Seizure of Recordings

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Woo! Seizurerobots! [Warning! Not for people who have seizures!] .. Killer Seizure Robots have rockin' good MIDI! .. Japanese Killer SeizureBots! .. feeling that great now .. LOL ..

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  • Bob Herbert (NYT): A Justice's Sense of Privilege. When agents acting on behalf of a Supreme Court justice can just snatch and destroy information collected by reporters, we haven't just thumbed our nose at the Constitution, we've taken a very dangerous step in a very ugly direction. The depot at the end of that dark road is totalitarianism.
  • This case hasn't gotten enough attention. If the people who did this can get away with it, with no sanction of any kind, we truly are in trouble. It's not about the privileges of the press. It's about power corrupting the powerful -- and the damage that causes to everyone's rights.


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    Who owns recordings of numbers stations? 06/22/2004 10:33 AM
    Interesting summary of a case where an indie label sued a major for copyright infringment, and where the indie is totally and utterly in the wrong.

    Irdial is a tiny label that released a CD of intercepts from "numbers stations" -- the radio stations where a neutral voice recites mysterious numbers and codes, presumed to be part of the international espionage system.

    WEA is the major label for Wilco, whose album Yankee Hotel Foxtrot samples the numbers stations recordings on Irdial's album.

    Irdium sued WEA for copyright infringement -- in other words, they claimed that they owned the mysterious voices that float in the ether all around us at every hour of the day and night. They claimed that they, and not the spook who recited the words Yankee Hotel Foxtrot into his mic over and over again, were somehow the creators of the mysterious broadcast. Unfortunately, WEA settled instead of countersuing Irdium into a smoking heap of slag for proffering this notion that absolutely offends reason.

    Joe Graz has some analysis on his blog:

    They claim, first, that their recording is unique because of the radio interference that surrounds it, and that this interference gives them a copyright in the recording. Second, they edited the recording to make it more interesting. Third, they processed the recording to make it clearer . Each of these, they say, gives them exclusive rights in their recording.

    I don't know UK copyright law very well, so I don't know whether this claim has more merit there. But under American law, Irdial probably would have lost had the case gone to trial. First, simply recording a radio broadcast does not give a person rights in the recording. A recording of a preexisting transmission does not have the requisite originality for copyrightability. Second, Irdial's editing may have been sufficient "selection and arrangement" to give rise to a copyright in the whole track, preventing wholesale verbatim copying. But from the description they give, there were no edits within the "Yankee Hotel Foxtrot" sample; the sample Wilco used was an unedited slice of Irdial's source material, and thus Irdial's edits cannot have given rise to copyright in the sample. Finally, the equalization and processing. Irdial admits that the EQ was "to remove noise" – not for any creative purpose.

    Link (via Copyfight)

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    but don’t worry, there’s a way around it and you can record at high quality, all for free.

    Link
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