Tag: DMCA

Walmart Buys Vudu, Becoming a Disruptive Peer-to-Peer Video Provider

John Bergmayer — Wed, 24 Feb 2010 14:08:45 -0500

Just as it has sought to offset slower CD sales with its digital music store, Walmart—the nation’s largest DVD retailer—is looking to insure against lower DVD sales by purchasing the online video company Vudu.

But Vudu isn’t just another Internet video company with a loopy name offering a pure over-the-top video service. Like Sezmi, its delivery method is an interesting hybrid. While Sezmi leverages free over-the-air TV, leased spectrum, and broadband (with ample local storage as a force multiplier), Vudu uses a hybrid peer-to-peer model. Content is both delivered to a Vudu device through a standard client/server model, as well as peer-to-peer between different Vudu devices. Additionally, content is pre-positioned at the edge of the network to increase the number of peers.

ACTA Makes ISPs An Offer They Can't Refuse

John Bergmayer — Mon, 22 Feb 2010 17:50:08 -0500

The leaked ACTA Internet chapter has a footnote that says an ISP can only hang on to its “safe harbor” by implementing certain policies designed to discourage the use of their networks for copyright infringement, and that “An example of such a policy is providing for the termination in appropriate circumstances of subscriptions and accounts in the service provider’s system or network of repeat infringers.” Three strikes and you’re out.

USTR’s claim that ACTA wouldn’t “change” US law is plausible (if not comforting). Similar language is already part of US law (17 U.S.C. 512 §(i)(1)(A))—as is the Fifth Amendment to the US Constitution, of course, which assures that no person can be “deprived of life, liberty, or property, without due process of law.” One would hope that, like the existing statute, the ACTA language will be read in the context of the Constitution, which assures that mere accusations of copyright infringement are not enough to kick someone off the Internet. One would also hope that other countries, if they end up agreeing to a version of ACTA with this language, also understand that a “repeat infringer” must have been afforded due process.

UPDATED: Music Labels Ask Blogs to Post Songs to Promote Artists, Ask Google to Erase Blogs for Posting Songs

Michael Weinberg — Thu, 11 Feb 2010 16:12:28 -0500

Today’s news that Google shut down music blogs that were accused of copyright infringement is rightfully getting plenty of coverage. Mostly, it is being held up as another in a long line of examples of problems with the DMCA notice-and-takedown system. This is a great example of a problem with the DMCA because, at least according to The Guardian, the notices that Google relied on to delete the blogs were woefully incomplete. Google should not have acted until it had proper notices from rights holders, including the name of the actual work allegedly infringed. Since many of the notices did not even include this information, there was no way for the bloggers to file a DMCA counternotice. For an update on the DMCA part of this story, check out Wired and Google’s own post. Of course, the DMCA confusion does a great job of illustrating the points about filtering below.

It is important that this story is being used to point out ~~problems with the DMCA, and with Google’s policies for dealing with DMCA complaints.~~ how complicated DMCA implementation can be. What it equally important, if less commented on, is what it can tell us about copyright filtering.

Landmark Australian Ruling Deals a Blow to Three Strikes Down Under

Mehan Jayasuriya — Thu, 04 Feb 2010 18:21:35 -0500

For those of us who believe that the Internet should remain an open, democratic and non-discriminatory platform, with few exceptions, the last two years have brought a steady stream of bad news from Down Under. First, there were rumblings that Australia was seeking to implement a "three strikes" policy toward those accused of online filesharing. Next, New Zealand came close to instituting its own three strikes mandate, though thanks to the efforts of activists, that deeply-flawed law was struck down at the last minute. Finally, after a number of previous, failed attempts, the Australian government announced that it plans to mandate the use of real-time filtering technologies on public ISPs sometime during the next year.

Just when it seemed like no one in the Australian and New Zealand governments appreciated the damaging effects of such policies, an Australian federal court judge has ruled that the ISP iiNet is not responsible for the actions of its subscribers. In the landmark ruling (full text here), which will likely have ramifications in the U.S. and elsewhere, the judge rebuffs Hollywood's attempt to require iiNet to act as a copyright cop, dealing a blow to three strikes in the process. Let's take a closer look.

2010 State of the Net Three Strikes Panel — what MPAA and RIAA don't want you to know

Alex Curtis — Thu, 28 Jan 2010 13:39:51 -0500

Yesterday, the MPAA and RIAA made a giant political misstep by refusing to participate in a debate about three strikes. In doing so, they exposed the public and a number of US policy makers to policy that would strip Internet subscribers of their constitutional due process rights.

On Tuesday and Wednesday, I attended this year’s State of the Net Conference beautifully orchestrated by Tim Lordan and his crew at the Internet Caucus Advisory Committee.

Streaming, Sports, SOC, and Stuff.

Harold Feld — Fri, 18 Dec 2009 13:51:38 -0500

Although overshadowed by Joe Biden’s big party for his Copyright buddies, the good folks at the House Judiciary Committee staged their own holiday party for Hollywood. Since “p2p” is now passe, the Judiciary’s Secret Santa brought Hollywood a whole new villain to attack in the name of piracy, streaming media. (Hey everyone, remember when ‘streaming media’ was the good way to get content online because it could be protected unlike that evil peer-2-peer stuff so Hollywood pretended they loved streaming media so they could outlaw peer-2-peer? Boy, we were so young back then . .

Very Positive Statement By the US at WIPO

Rashmi Rangnath — Wed, 16 Dec 2009 09:41:48 -0500

In a significant shift from its past position, the U.S. government yesterday expressed its willingness to consider a treaty on limitations and exceptions to copyright for the benefit of the blind, visually impaired, and other reading disabled persons as one of the options to address problems faced by this community. The statement was made on the second day of deliberations at the Standing Committee on Copyrights and Related Rights (SCCR), of WIPO at its ongoing 19th session. The delegations of Brazil, Ecuador, and Paraguay had introduced a treaty proposal in May this year at the SCCR’s 18th session. As I reported then, the U.S. government had avoided taking any position on the treaty, contending that copyright was just one hurdle facing the blind and there were many other issues that needed to be solved.

Oh Hollywood!: Coshocton

Alex Curtis — Fri, 13 Nov 2009 16:39:35 -0500

Channel

Oh Hollywood

Click thumbnail above for video

A new PKTV series, “Oh Hollywood!” focusses on … well, it’s kind of self explanatory. In this first episode we highlight the recent goings on in Coshocton, a small rural town in Ohio, that provides free WiFi in public areas in the community. It’s a service that’s used by citizens, businesses, and even the local police. Last week, Sony Pictures Entertainment, a Hollywood movie studio, threateningly notified the city that allegedly someone may have illegally downloaded one its movies. And so, the city’s free public Internet access, used by hundreds, was shut down.

All together, now … Oh Hollywood!

U.S. Chamber of Commerce uses the DMCA to silence critic

Rashmi Rangnath — Mon, 26 Oct 2009 21:37:47 -0400

Copyright owners have often used the DMCA’s notice and take down procedure to silence criticism instead of preventing copyright infringement. A recent DMCA take down involving the group Yes Men is yet another example of this phenomenon. On October 22, a website created by the Yes Men which parodied the U.S. Chamber of Commerce’s stance on a climate change bill was taken down pursuant to a DMCA notice.

The Yes Men is a group that exposes corporate greed by posing as corporate representatives and pulling off the “world’s most outrageous pranks.” Their most recent prank that caused the ire of the Chamber involved the Kerry-Boxer climate change bill. The Chamber opposes the bill even though its decision to do so has been controversial.

A PK TV Series -- We Are Creators Too. Part 4 of 4. Today, Francesca Coppa

Alex Curtis — Wed, 30 Sep 2009 16:45:13 -0400

Channel

We Are Creators Too

Click thumbnail above for video

In our last interview in this series, we meet Francesca Coppa (pronounced cope-a). Francesca is many things — English professor, author, feminist. She’s also a vidder of long-standing and provides a fascinating glimpse into how the underground culture of women in video grew from working with tapes to the current digital environment — with all of the dangers and opportunities that change entails.

Of course, fair use is central to what she does, and that narrative runs through our chat with her.

This is the last of four interviews, for now at least. We hope you have enjoyed them. We realize they are a little long for such things, but we think they are well worth your time in helping to realize that “creators” are not restricted to big companies, or to certain California locales.