Items tagged "DMCA"

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Copyright Law and My Mother’s Heart

January 20, 2015 Anticircumvention , Copyright Reform , Copyright Week , DMCA

My mother’s heart may have literally skipped a beat last week, but she waited four days to find out.

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Rightscorp Doth Protest Too Much: Using the DMCA as a Bulldozer

December 4, 2014 Copyright Reform , DMCA

Cable and internet service provider Cox Communications was sued last week on the grounds that its customers have been torrenting music illegally. Cox is far from unique in this; it’d be hard to imagine any internet provider (including the federal government) not having some customers infringing copyrights. The reason we don’t see such suits all the time is because of the safe harbor provisions of the Digital Millennium Copyright Act (DMCA).

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Digital Locks Can Cost You Your Privacy

October 9, 2014 Anticircumvention , Copyright Reform , DMCA , DRM , Privacy

On Monday, the Digital Reader revealed (confirmed in detail by Ars Technica here that Adobe’s ebook reader, Adobe Digital Editions, was reporting the reading habits of its users, and the contents of their digital libraries, to Adobe.

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Digital Locks on Copyright: Room for Reform?

September 22, 2014 1201 Reform , Anticircumvention , Cell Phone Unlocking , DMCA

Last Wednesday’s copyright hearing in the House IP Subcommittee may have borne the soporific title of “Chapter 12 of Title 17,” but the debate involved was lively. The titular Chapter 12 involves the anticircumvention provisions of the Digital Millennium Copyright Act (“DMCA”), the source of the crisis over phone unlocking.

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The Story of Cell Phone Unlocking Reform

July 29, 2014 1201 , Anti-circumvention , Cell Phone Unlocking , DMCA

This is the story of historic legislation getting passed through an extremely partisan and divided Congress.

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Public Knowledge Participates in the International Day Against DRM

May 6, 2014 Copyright , DMCA , DRM

Public Knowledge is participating in the “International Day against DRM” where groups around the world are discussing the problems with Digital Rights Management, known commonly as DRM. As manufacturers attempt to sneak DRM into more and more products, it is important to remember the ways that DRM limit your right to make use of what you purchase.

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Keeping Takedown Notices Honest: PK Joins Brief Against Bad Copyright Takedowns

December 17, 2013 amicus brief , Copyright , DMCA

Last Friday, PK joined the Organization for Transformative Works in supporting Stephanie Lenz in her suit to hold Universal Music accountable for abusing the notice-and-takedown system.

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PK In The Know Podcast: Government Shutdown, PK IP3, Charging for Public Artwork, DMCA Safe Harbor

October 18, 2013 DMCA , Government 2.0 , IP3 , Safe Harbor

On this week's podcast we recap the government shutdown, the PK IP3 Awards, charging admission for viewing public artwork and DMCA safe harbor cases. Listen to Podcast

Subscribe to the podcast on iTunes here.
Subscribe to the podcast via the .xml here.
Click here to download the file for this week’s podcast directly.

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Does Congress Mean to Enforce Particular Business Models with Copyright Law?

June 13, 2013 DMCA , DRM , Innovation , Mobile Innovation

At a hearing on unlocking phones, some suggest that Congress added laws against circumventing access controls not just to fight piracy, but in order to protect particular business models. Businesses use this argument to justify using copyright law to criminalize activities that don’t actually infringe copyright.


Up until last year, unlocking a cell phone so that it could be used with a different carrier was perfectly legal. That changed when the Librarian of Congress decided no longer to include it in a list of exceptions to the Digital Millennium Copyright Act (DMCA), which forbids the circumvention of technology that controls access to copyrighted works. The Librarian’s decision has sparked a great deal of controversy, and lead to several proposed bills that would once again make it legal to unlock cell phones. In a hearing before the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet last Thursday, Congress heard testimony about one of these bills, and about the practice of unlocking phones.

Subcommittee Vice Chairman Tom Marino began the hearing by framing the considerations on each side in terms of their effect on the market and existing business models, pitting the promise of a more competitive marketplace that phone unlocking allows against the ability of carriers to recover the cost of subsidizing phones.

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The Craigslist Case and Other Examples of Copyright Abuse

May 2, 2013 DMCA , Enforcement , Safe Harbor , Statutory Damages

This week, a federal district court in California refused to toss craigslist’s claims that it owns its users’ postings. More and more, we’re seeing fine print in terms of use (“TOU”) agreements and end user license agreements (“EULAs”) that try to make copyright claims. Why?

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