Items tagged "DMCA"

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The Debate over Copyright Reform Cannot Be Censored

November 19, 2012 DMCA , Fair Use , MPAA , SOPA , Statutory Damages

This past Friday, the House Republican Study Committee released a policy brief entitled Three Myths About Copyright Law and Where to Start to Fix it.  The brief, examines three common content industry assertions about the benefits of copyright, and concludes that rather than promoting productivity and innovation, current copyright law inhibits them.  The brief then makes a number of suggestions to reform the system, including reducing statutory damages, expanding fair use, punishing copyright abuse and shortening copyright terms significantly.

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United States Copyright Office: Ripping is Illegal

October 25, 2012 DMCA , DRM , Fair Use

Today the Register of Copyrights and the Librarian of Congress announced the 1201 exemptions.  You may remember that the 1201 review is the triannual process where organizations, communities, and individuals request permission to circumvent Digital Rights Management (DRM) technologies that prevent them from doing otherwise perfectly legal things.  This time around, Public Knowledge requested an exemption that would allow people to rip DVDs they already own in order to transfer the movie to a device that cannot play DVDs (like a tablet).

That request was rejected.  Furthermore, the Register and the Librarian explained that they were unconvinced that space shifting was fair use at all.  That has huge implications well beyond people who want to watch the movies they own on DVD on their iPad.

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Two Questions About MegaUpload’s Planned Successor

October 19, 2012 DMCA , Enforcement , Safe Harbor

Charles Graeber at Wired has an article profiling Mega, the planned successor to MegaUpload. A key difference between the old service (indicted on criminal copyright charges in the US) and the new service is that all of the filed uploaded to mega will be encrypted upon upload, meaning that Mega won’t know, and won’t have any way of finding out, what’s actually sitting on its servers. That should prevent it from being accused of ignoring activity it knows is infringing. Mega also says that if copyright holders find users providing the keys and the links to infringing files, Mega will abide by the DMCA and take down those files.

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PK In The Know Podcast: VZ Pricing, Mars Rover Videos, French 3 Strikes

August 10, 2012 Data Caps , DMCA , Enforcement

On today’s podcast we discuss Verizon’s new pricing plans, bigger lessons from the mars rover video takedown scandals and France’s decision to back away from 3-strikes, and the latest with Craigslist’s fight against websites that use its data.

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What’s Going on with the Copyright Alert System?

August 7, 2012 DMCA , Enforcement , Fair Use , Three Strikes

As I wrote in April, I joined the Advisory Board of the Center for Copyright Information to serve as consumers’ eyes and ears as an agreement between the major Internet service providers and copyright holders is implemented.   The agreement requires ISPs to send up to six “alerts” to alleged peer-to-peer infringers, with the last two alerts resulting in so-called “mitigation measures” and an opportunity for the user to appeal.  

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PK In The Know Podcast: Romney Takedowns, IP Attache, and General Purpose Tech

July 20, 2012 3D Printing , DMCA , Fair Use

On today’s podcast we discuss the Romney/Obama ad takedowns, the IP Attache Act, and what it means when general purpose technologies are used for general purposes.

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Music Publishers Take Down Video of Obama Singing

July 17, 2012 DMCA , Fair Use , Internet Blueprint

Hi, SXSW voters! Check out Sherwin discussing political music in campaign ads on NPR here.

UPDATE: Looks like many of the video clips covering Obama’s original performance have been taken down as well. It’s hard to imagine that these clips wouldn’t also qualify as fair use news reporting.

So this just happened: YouTube pulled, after a takedown notice from BMG, a Romney campaign ad featuring Obama singing Al Green’s Let’s Stay Together, with headlines about his ties to lobbyists and campaign donors.

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The 1201 Hearings- Protecting Business Models or Promoting Creative Progress?

June 11, 2012 Anti-circumvention , DMCA

Last week, a revolving door of digital media users took turns pleading with the Copyright Office for permission to use their content. Teachers and documentarians sought the right to create high-quality video clips for use in their classrooms and documentaries; the visually impaired argued for the right to enable read-aloud functionality on eBooks and enjoy movies with narrated visual descriptions; and Public Knowledge, advocating for the public at large, sought a right to copy lawfully owned DVDs for personal use (e.g. to play a DVD movie on an iPad, or similar device).

How did we arrive at this place, where copyright users must ask permission to use lawfully acquired content in non-infringing ways? The short version of the story goes like this:

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TPP Deep Dive: Copyright and Digital Locks

May 11, 2012 Anti-circumvention , DMCA , TPP

This post is the second in a series of blog posts examining Public Knowledge’s concerns with the proposed copyright provisions of the Trans-Pacific Partnership (TPP). Yesterday we discussed copyright presumptions that favor copyright owners in litigation, and today we examine the parts of the TPP that use copyright law to prohibit users from circumventing digital locks over works.

For the time being, this series is examining the US’s copyright proposals for the TPP [pdf] from February 2011, which is the most recent text that is publicly available.

Digital Locks in US Law

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PK In The Know Podcast: Comcast, TPP, 3D Printed Jewelry

April 6, 2012 Comcast , Competition , Data Caps , DMCA , Network Neutrality

On this week’s podcast we discuss Comcast’s brush with net neutrality, the TPP, a decision in Viacom v. YouTube, and the future of TV with Tomorrowvision.  We also explore the world of 3D printed jewelry with Susan Hinton of Owl Posse.

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

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