stdClass Object ( [nid] => 2568 [type] => blog [language] => [uid] => 2587 [status] => 1 [created] => 1248298601 [changed] => 1248298601 [comment] => 1 [promote] => 1 [moderate] => 0 [sticky] => 0 [tnid] => 0 [translate] => 0 [vid] => 2731 [revision_uid] => 2587 [title] => Forcing the Net Through a Sieve: Why Copyright Filtering is Not a Viable Solution for U.S. ISPs [teaser] => Yesterday, as part of our reply comments in the FCC's National Broadband Plan proceeding, we released our latest whitepaper, "Forcing the Net Through a Sieve: Why Copyright Filtering is not a Viable Solution for U.S. ISPs" (PDF link). Recently, the content industry has been ramping up its efforts to promote ISP-level copyright filtering as a practical solution to the problem of unlawful online filesharing. Given the imperfect, controversial nature of filtering technology, we thought it was time to take a close look at copyright filtering and the effects that it might have on the Internet ecosystem. What did we discover? As our report states, not only will copyright filtering be ineffective--it will cause a great deal of harm to users, creators, innovators, businesses and the economy and will undermine the goals of the National Broadband Plan. 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[weight] => 30 [view] => files ) [image_attach] => Array ( [label] => Attached images [description] => Image Attach module form. [weight] => 0 ) [itunes] => Array ( [label] => iTunes feed information [description] => iTunes specific information. [weight] => 0 ) [page_title] => Array ( [label] => Page Title [description] => Page Title form. [weight] => -4 ) [path_redirect] => Array ( [label] => URL redirects [description] => Path redirect module listing [weight] => 30 ) [print] => Array ( [label] => Printer, e-mail and PDF versions [description] => Print module form. [weight] => 30 ) [xmlsitemap] => Array ( [label] => XML sitemap [description] => XML sitemap module form [weight] => 30 ) [nodewords] => Array ( [label] => Meta tags [description] => Meta tags fieldset. [weight] => 10 ) ) [#pre_render] => Array ( [0] => content_alter_extra_weights ) [body] => Array ( [#weight] => 0 [#value] => Yesterday, as part of our reply comments in the FCC's National Broadband Plan proceeding, we released our latest whitepaper, "Forcing the Net Through a Sieve: Why Copyright Filtering is not a Viable Solution for U.S. ISPs" (PDF link). Recently, the content industry has been ramping up its efforts to promote ISP-level copyright filtering as a practical solution to the problem of unlawful online filesharing. Given the imperfect, controversial nature of filtering technology, we thought it was time to take a close look at copyright filtering and the effects that it might have on the Internet ecosystem. What did we discover? As our report states, not only will copyright filtering be ineffective--it will cause a great deal of harm to users, creators, innovators, businesses and the economy and will undermine the goals of the National Broadband Plan. [#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] => Yesterday, as part of our reply comments in the FCC's National Broadband Plan proceeding, we released our latest whitepaper, "Forcing the Net Through a Sieve: Why Copyright Filtering is not a Viable Solution for U.S. ISPs" (PDF link). Recently, the content industry has been ramping up its efforts to promote ISP-level copyright filtering as a practical solution to the problem of unlawful online filesharing. Given the imperfect, controversial nature of filtering technology, we thought it was time to take a close look at copyright filtering and the effects that it might have on the Internet ecosystem. What did we discover? As our report states, not only will copyright filtering be ineffective--it will cause a great deal of harm to users, creators, innovators, businesses and the economy and will undermine the goals of the National Broadband Plan. [#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/2568 [attributes] => Array ( [title] => Read the rest of Forcing the Net Through a Sieve: Why Copyright Filtering is Not a Viable Solution for U.S. ISPs. ) ) ) )

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stdClass Object ( [nid] => 2556 [type] => blog [language] => [uid] => 2587 [status] => 1 [created] => 1248121482 [changed] => 1248121482 [comment] => 1 [promote] => 1 [moderate] => 0 [sticky] => 0 [tnid] => 0 [translate] => 0 [vid] => 2718 [revision_uid] => 2587 [title] => DRM is Dead, Long Live DRM [teaser] => DRM is dead, or so they say. With the "big four" major labels having completely abandoned DRM protection schemes for CDs and with online music juggernaut iTunes now offering all of its music DRM-free, you might think that the era of restricted music files and rootkit fiascoes is now behind us. But you would be wrong. While DRM may be dead as far as mainstream music distribution is concerned, many labels--both major and independent--continue to utilize various forms of DRM and watermarking when distributing music in specific contexts and for certain purposes. Perhaps the most visible category among these is the pre-release promo, generally a CD or digital file sent to journalists in advance of the street date for review purposes. In an article for the Washington City Paper, music journalist Mike Riggs sheds some light on the practice of sending DRM and watermark-laden music to critics:

I had been looking forward to reviewing Depart From Me, the new album by Definitive Jux rapper Cage, since I discovered 2005's damn-near brilliant Hell's Winter. When the package arrived one month in advance of the street date, I set aside everything I was doing and with trembling fingers popped the promo CD of Depart From Me into the computer. And after listening to the first minute and a half of every track, I tossed the CD in the trash. Why? Because Definitive Jux, in order to keep me from leaking the album, made the review copy nearly unlistenable by inserting promo drops--breaks in the music during which a voice says, "This is a promotional copy"--on every single track.

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I had been looking forward to reviewing Depart From Me, the new album by Definitive Jux rapper Cage, since I discovered 2005's damn-near brilliant Hell's Winter. When the package arrived one month in advance of the street date, I set aside everything I was doing and with trembling fingers popped the promo CD of Depart From Me into the computer. And after listening to the first minute and a half of every track, I tossed the CD in the trash. Why? Because Definitive Jux, in order to keep me from leaking the album, made the review copy nearly unlistenable by inserting promo drops--breaks in the music during which a voice says, "This is a promotional copy"--on every single track.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] => DRM is dead, or so they say. With the "big four" major labels having completely abandoned DRM protection schemes for CDs and with online music juggernaut iTunes now offering all of its music DRM-free, you might think that the era of restricted music files and rootkit fiascoes is now behind us. But you would be wrong. While DRM may be dead as far as mainstream music distribution is concerned, many labels--both major and independent--continue to utilize various forms of DRM and watermarking when distributing music in specific contexts and for certain purposes. Perhaps the most visible category among these is the pre-release promo, generally a CD or digital file sent to journalists in advance of the street date for review purposes. In an article for the Washington City Paper, music journalist Mike Riggs sheds some light on the practice of sending DRM and watermark-laden music to critics:

I had been looking forward to reviewing Depart From Me, the new album by Definitive Jux rapper Cage, since I discovered 2005's damn-near brilliant Hell's Winter. When the package arrived one month in advance of the street date, I set aside everything I was doing and with trembling fingers popped the promo CD of Depart From Me into the computer. And after listening to the first minute and a half of every track, I tossed the CD in the trash. Why? Because Definitive Jux, in order to keep me from leaking the album, made the review copy nearly unlistenable by inserting promo drops--breaks in the music during which a voice says, "This is a promotional copy"--on every single track.

[#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/2556 [attributes] => Array ( [title] => Read the rest of DRM is Dead, Long Live DRM. ) ) ) )

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It wouldn’t have been surprising if there was a semi-panicked conversation in the corporate suites of Sony. Michael Lynton, the head of Sony studios, had just been quoted as saying “I’m a guy who doesn’t see anything good having come from the Internet.”

Some marketing gal or PR guy in the Sony eco-sphere probably realized, hey, our audience lives on the Web. How would it look for our top exec to go around trashing the Net?

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It wouldn’t have been surprising if there was a semi-panicked conversation in the corporate suites of Sony. Michael Lynton, the head of Sony studios, had just been quoted as saying “I’m a guy who doesn’t see anything good having come from the Internet.”

Some marketing gal or PR guy in the Sony eco-sphere probably realized, hey, our audience lives on the Web. How would it look for our top exec to go around trashing the Net?

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

It wouldn’t have been surprising if there was a semi-panicked conversation in the corporate suites of Sony. Michael Lynton, the head of Sony studios, had just been quoted as saying “I’m a guy who doesn’t see anything good having come from the Internet.”

Some marketing gal or PR guy in the Sony eco-sphere probably realized, hey, our audience lives on the Web. How would it look for our top exec to go around trashing the Net?

[#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/2217 [attributes] => Array ( [title] => Read the rest of Sony's Exec's Attempted Internet Apology Falls Flat. ) ) ) )

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stdClass Object ( [nid] => 2194 [type] => blog [language] => [uid] => 4 [status] => 1 [created] => 1242674410 [changed] => 1242674572 [comment] => 1 [promote] => 1 [moderate] => 0 [sticky] => 0 [tnid] => 0 [translate] => 0 [vid] => 2345 [revision_uid] => 4 [title] => Newspapers Betray Their Heritage With Internet Attacks [teaser] =>

It’s hard to imagine an American industry as privileged and protected as the newspaper. Right there in the First Amendment to the Constitution, are the words: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press…” No other industry is mentioned in the Constitution.

The rights of journalists, working in print or electronic media, have been protected down through the years. While ordinary citizens might be liable to be sued for libel, the U.S. Supreme Court in 1964 set a higher standard in Times v. Sullivan so that a newspaper could be sued only if it could be proved the paper knew ahead of time that what it was printing was false.

In any other industry, the concept of competitors combining operations might be anathema to rigorous antitrust law (admittedly a stale concept after the past eight years).

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It’s hard to imagine an American industry as privileged and protected as the newspaper. Right there in the First Amendment to the Constitution, are the words: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press…” No other industry is mentioned in the Constitution.

The rights of journalists, working in print or electronic media, have been protected down through the years. While ordinary citizens might be liable to be sued for libel, the U.S. Supreme Court in 1964 set a higher standard in Times v. Sullivan so that a newspaper could be sued only if it could be proved the paper knew ahead of time that what it was printing was false.

In any other industry, the concept of competitors combining operations might be anathema to rigorous antitrust law (admittedly a stale concept after the past eight years).

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

It’s hard to imagine an American industry as privileged and protected as the newspaper. Right there in the First Amendment to the Constitution, are the words: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press…” No other industry is mentioned in the Constitution.

The rights of journalists, working in print or electronic media, have been protected down through the years. While ordinary citizens might be liable to be sued for libel, the U.S. Supreme Court in 1964 set a higher standard in Times v. Sullivan so that a newspaper could be sued only if it could be proved the paper knew ahead of time that what it was printing was false.

In any other industry, the concept of competitors combining operations might be anathema to rigorous antitrust law (admittedly a stale concept after the past eight years).

[#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/2194 [attributes] => Array ( [title] => Read the rest of Newspapers Betray Their Heritage With Internet Attacks. ) ) ) )

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Access to information is a fundamental human right. It allows individuals to effectively participate in social, political, and cultural life. Many international treaties oblige countries to secure this right for all individuals including those with disabilities. However, as I noted in my previous post, many national copyright laws, including US copyright law, place limitations on access to information by the blind. A move to address this issue is underway at the World Intellectual Property Organization (WIPO), which may consider an international treaty that would require countries to remove certain copyright restrictions that prevent access. The Copyright Office, which is part of the U.S. delegation to WIPO, had invited public comments on this issue. The comments filed with the Copyright Office are available here.

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Access to information is a fundamental human right. It allows individuals to effectively participate in social, political, and cultural life. Many international treaties oblige countries to secure this right for all individuals including those with disabilities. However, as I noted in my previous post, many national copyright laws, including US copyright law, place limitations on access to information by the blind. A move to address this issue is underway at the World Intellectual Property Organization (WIPO), which may consider an international treaty that would require countries to remove certain copyright restrictions that prevent access. The Copyright Office, which is part of the U.S. delegation to WIPO, had invited public comments on this issue. The comments filed with the Copyright Office are available here.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Access to information is a fundamental human right. It allows individuals to effectively participate in social, political, and cultural life. Many international treaties oblige countries to secure this right for all individuals including those with disabilities. However, as I noted in my previous post, many national copyright laws, including US copyright law, place limitations on access to information by the blind. A move to address this issue is underway at the World Intellectual Property Organization (WIPO), which may consider an international treaty that would require countries to remove certain copyright restrictions that prevent access. The Copyright Office, which is part of the U.S. delegation to WIPO, had invited public comments on this issue. The comments filed with the Copyright Office are available here.

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As you'll recall, a group of media studies professors led by Peter DeCherney successfully filed for just such an exemption in 2006 (for more on that, see our video interview with DeCherney, embedded after the break). Three years later, the educators have returned, in an attempt to renew the exemption and to expand it to include students in media studies classes as well as educators outside of the media studies field. Despite having three years to regroup, the studios returned with the same tired, apocryphal argument: despite the fact that DVD-ripping is already widespread, if educators are allowed to legally rip, demand for DVDs will plummet and the industry will collapse. As an alternative, they suggest camcording, a cumbersome process that produces low-quality clips while requiring a significant investment in video recording equipment. Practical matters aside, the MPAA's argument for camcording also happens to contradict a number of the organization's other arguments against fair use--a fact that was not lost on many of the witnesses at last Wednesday's hearing. 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[weight] => 30 [view] => files ) [image_attach] => Array ( [label] => Attached images [description] => Image Attach module form. [weight] => 0 ) [itunes] => Array ( [label] => iTunes feed information [description] => iTunes specific information. [weight] => 0 ) [page_title] => Array ( [label] => Page Title [description] => Page Title form. [weight] => -4 ) [path_redirect] => Array ( [label] => URL redirects [description] => Path redirect module listing [weight] => 30 ) [print] => Array ( [label] => Printer, e-mail and PDF versions [description] => Print module form. [weight] => 30 ) [xmlsitemap] => Array ( [label] => XML sitemap [description] => XML sitemap module form [weight] => 30 ) [nodewords] => Array ( [label] => Meta tags [description] => Meta tags fieldset. [weight] => 10 ) ) [#pre_render] => Array ( [0] => content_alter_extra_weights ) [body] => Array ( [#weight] => 0 [#value] => If you were following the DMCA Section 1201 anticircumvention rulemaking proceedings last week, you likely saw Tim Vollmer's video of the MPAA's demonstration on how to create a film clip by pointing a camcorder at a TV set (embedded above). This demonstration was the MPAA's response to an exemption request filed by educators, who are seeking to exercise their fair use rights by breaking the CSS encryption on DVDs in order to make short clips for classroom use. As you'll recall, a group of media studies professors led by Peter DeCherney successfully filed for just such an exemption in 2006 (for more on that, see our video interview with DeCherney, embedded after the break). Three years later, the educators have returned, in an attempt to renew the exemption and to expand it to include students in media studies classes as well as educators outside of the media studies field. Despite having three years to regroup, the studios returned with the same tired, apocryphal argument: despite the fact that DVD-ripping is already widespread, if educators are allowed to legally rip, demand for DVDs will plummet and the industry will collapse. As an alternative, they suggest camcording, a cumbersome process that produces low-quality clips while requiring a significant investment in video recording equipment. Practical matters aside, the MPAA's argument for camcording also happens to contradict a number of the organization's other arguments against fair use--a fact that was not lost on many of the witnesses at last Wednesday's hearing. [#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] => If you were following the DMCA Section 1201 anticircumvention rulemaking proceedings last week, you likely saw Tim Vollmer's video of the MPAA's demonstration on how to create a film clip by pointing a camcorder at a TV set (embedded above). This demonstration was the MPAA's response to an exemption request filed by educators, who are seeking to exercise their fair use rights by breaking the CSS encryption on DVDs in order to make short clips for classroom use. As you'll recall, a group of media studies professors led by Peter DeCherney successfully filed for just such an exemption in 2006 (for more on that, see our video interview with DeCherney, embedded after the break). Three years later, the educators have returned, in an attempt to renew the exemption and to expand it to include students in media studies classes as well as educators outside of the media studies field. Despite having three years to regroup, the studios returned with the same tired, apocryphal argument: despite the fact that DVD-ripping is already widespread, if educators are allowed to legally rip, demand for DVDs will plummet and the industry will collapse. As an alternative, they suggest camcording, a cumbersome process that produces low-quality clips while requiring a significant investment in video recording equipment. Practical matters aside, the MPAA's argument for camcording also happens to contradict a number of the organization's other arguments against fair use--a fact that was not lost on many of the witnesses at last Wednesday's hearing. [#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/2164 [attributes] => Array ( [title] => Read the rest of Camcording, DVD-Ripping and Normative Behavior: the MPAA's Disingenuous Argument Against Fair Use. ) ) ) )

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stdClass Object ( [nid] => 2156 [type] => blog [language] => [uid] => 1558 [status] => 1 [created] => 1241966710 [changed] => 1241967058 [comment] => 1 [promote] => 1 [moderate] => 0 [sticky] => 0 [tnid] => 0 [translate] => 0 [vid] => 2307 [revision_uid] => 1558 [title] => The DMCA hearings bring out outrageous arguments against fair use and consumer rights [teaser] =>

This past week the Copyright Office held public hearings in Washington D.C. and Palo Alto, California, as part of its fourth section 1201 rule making proceeding. The Digital Millennium Copyright Act (DMCA) requires the Copyright Office to conduct these proceedings once every three years to exempt from the DMCAs prohibition on circumvention of technological protection measures (TPMs) those lawful uses that are adversely affected. I attended the last two days of the D.C. hearings and came away not only with a renewed understanding of how the DMCA is killing consumer rights especially fair use but also how much content owners are afraid of fair use. The hearing also reaffirmed something we have said always: the DMCA is used more to lock out competition than to protect copyrighted works. Here are some of the arguments that stood out:

The fair use exemption for documentary filmmakers and vidders:

The most forceful advocates for fair use were Prof.

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This past week the Copyright Office held public hearings in Washington D.C. and Palo Alto, California, as part of its fourth section 1201 rule making proceeding. The Digital Millennium Copyright Act (DMCA) requires the Copyright Office to conduct these proceedings once every three years to exempt from the DMCAs prohibition on circumvention of technological protection measures (TPMs) those lawful uses that are adversely affected. I attended the last two days of the D.C. hearings and came away not only with a renewed understanding of how the DMCA is killing consumer rights especially fair use but also how much content owners are afraid of fair use. The hearing also reaffirmed something we have said always: the DMCA is used more to lock out competition than to protect copyrighted works. Here are some of the arguments that stood out:

The fair use exemption for documentary filmmakers and vidders:

The most forceful advocates for fair use were Prof.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

This past week the Copyright Office held public hearings in Washington D.C. and Palo Alto, California, as part of its fourth section 1201 rule making proceeding. The Digital Millennium Copyright Act (DMCA) requires the Copyright Office to conduct these proceedings once every three years to exempt from the DMCAs prohibition on circumvention of technological protection measures (TPMs) those lawful uses that are adversely affected. I attended the last two days of the D.C. hearings and came away not only with a renewed understanding of how the DMCA is killing consumer rights especially fair use but also how much content owners are afraid of fair use. The hearing also reaffirmed something we have said always: the DMCA is used more to lock out competition than to protect copyrighted works. Here are some of the arguments that stood out:

The fair use exemption for documentary filmmakers and vidders:

The most forceful advocates for fair use were Prof.

[#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/2156 [attributes] => Array ( [title] => Read the rest of The DMCA hearings bring out outrageous arguments against fair use and consumer rights. ) ) ) )

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Every three years, the Copyright Office holds hearings to listen to commenters suggestions for exemptions to the Digital Millennium Copyright Act’s prohibition on circumvention of access controls. We’ve previously written about the handful of exemptions that the Office has granted (which expire and must be renewed every three years). This year, we’re on the ground and live-twittering what’s going on. Today, Mehan is manning the Public Knowledge twitter account picking out a number of choice quotes and responding to questions.

But we’re not alone at the hearing. A number of twitterers are there, and you can follow the related tweets using the #dmca1201 tag.

And now, thanks to Kristen for sharing her CoverItLive, we now have an embedded client so you can read the tweet-reports of what’s going on at the hearing live below:

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Every three years, the Copyright Office holds hearings to listen to commenters suggestions for exemptions to the Digital Millennium Copyright Act’s prohibition on circumvention of access controls. We’ve previously written about the handful of exemptions that the Office has granted (which expire and must be renewed every three years). This year, we’re on the ground and live-twittering what’s going on. Today, Mehan is manning the Public Knowledge twitter account picking out a number of choice quotes and responding to questions.

But we’re not alone at the hearing. A number of twitterers are there, and you can follow the related tweets using the #dmca1201 tag.

And now, thanks to Kristen for sharing her CoverItLive, we now have an embedded client so you can read the tweet-reports of what’s going on at the hearing live below:

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

Every three years, the Copyright Office holds hearings to listen to commenters suggestions for exemptions to the Digital Millennium Copyright Act’s prohibition on circumvention of access controls. We’ve previously written about the handful of exemptions that the Office has granted (which expire and must be renewed every three years). This year, we’re on the ground and live-twittering what’s going on. Today, Mehan is manning the Public Knowledge twitter account picking out a number of choice quotes and responding to questions.

But we’re not alone at the hearing. A number of twitterers are there, and you can follow the related tweets using the #dmca1201 tag.

And now, thanks to Kristen for sharing her CoverItLive, we now have an embedded client so you can read the tweet-reports of what’s going on at the hearing live below:

[#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/2145 [attributes] => Array ( [title] => Read the rest of DC DMCA Exemption Hearings at the Copyright Office: Follow along on Twitter . ) ) ) )

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What does access to information mean to you?: the ability to read your newspaper – physical or online – every day?; the ability to go to a book store and buy your favorite author’s book?; the ability to read professional publications to advance your career? Most of us rely on these sources and more to keep ourselves informed and participate in society. But for the blind and the visually impaired access to information is not easy. Works have to be converted to special formats to enable access. Because copyrights are implicated during the process, copyright law provides certain exceptions enabling the creation of accessible formats.

Are these laws sufficient to allow the blind to read anything they want to? Is the market responding to their needs? The Copyright Office is asking for public comments on these and other questions.

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What does access to information mean to you?: the ability to read your newspaper – physical or online – every day?; the ability to go to a book store and buy your favorite author’s book?; the ability to read professional publications to advance your career? Most of us rely on these sources and more to keep ourselves informed and participate in society. But for the blind and the visually impaired access to information is not easy. Works have to be converted to special formats to enable access. Because copyrights are implicated during the process, copyright law provides certain exceptions enabling the creation of accessible formats.

Are these laws sufficient to allow the blind to read anything they want to? Is the market responding to their needs? The Copyright Office is asking for public comments on these and other questions.

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What does access to information mean to you?: the ability to read your newspaper – physical or online – every day?; the ability to go to a book store and buy your favorite author’s book?; the ability to read professional publications to advance your career? Most of us rely on these sources and more to keep ourselves informed and participate in society. But for the blind and the visually impaired access to information is not easy. Works have to be converted to special formats to enable access. Because copyrights are implicated during the process, copyright law provides certain exceptions enabling the creation of accessible formats.

Are these laws sufficient to allow the blind to read anything they want to? Is the market responding to their needs? The Copyright Office is asking for public comments on these and other questions.

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