Items tagged "Piracy"

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Responding to Your Comments on Orphan Works

May 29, 2008 Orphan Works , Piracy

Ever since my policy blog and Huffington Post responses to Larry Lessig's New York Times op-ed on orphan works last week, I have received a large number of fairly unfriendly comments and emails. I won't quote them here for fear of being sued for copyright infringement (I wish I was kidding). Rather than respond to each one individually, I address the vast majority of the arguments raised in this speech, which I will be giving today at a conference at the University of Maryland University College. I look forward to a new barrage of comments.

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Microsoft Zune and NBC Universal Copyright Filtering Collaboration

May 8, 2008 Fair Use , Filtering , Network Neutrality , Orphan Works , Piracy

If you haven’t read about it, the New York Times reported yesterday that: Microsoft May Build a Copyright Cop Into Every Zune. Essentially, the large content provider would withhold their content from a distributor unless the distributor put in effective measures to prevent against piracy. We’re not talking about DRM here, we’re talking about filtering software, whether it resides on the playback device like a Zune or iPod, or in the software on a syncing computer that stores the consumers’ library of music and movies like the Zune or iTunes software. This software would troll your library checking for content that was somehow infringing or unauthorized. It may even be spyware that could report back to someone about the contents of your media library.

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VIDEO: FCC hearing on Network Management at Stanford

April 18, 2008 Broadband , FCC , Network Neutrality , P2P , Piracy

Yesterday, the FCC took a field trip to the campus of Stanford University in Palo Alto, California. There it heard from two panels of experts and policy shapers on the issue of network management and more broadly net neutrality. If you didn’t see it, or listen to the FCC’s stream of it, thankfully, it’s been video recorded and put on the web…

Panel I: Network Management and Consumer Expectations

Professor Lessig presented one of his illustrative keynotes at the start, and apparently he recorded the live audio and dubbed it to the video later:

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S. 4108, the APRIL Act, and the Realities Behind It

April 1, 2008 Broadcast Flag , DRM , Fair Use , Piracy , WIPO Broadcasters Treaty

OK. Hopefully you all realized that S. 4108, the APRIL Act of 2008, was a joke. After all, there were a few excesses in there that would indicate how ludicrous the bill is.

Well, sort of. A lot of the provisions we included in the fake bill were modeled after real proposals made either by legislators, content industry lobbyists, or other policymakers. Some of the provisions were even taken verbatim from introduced legislation like the PRO IP Act and the IP Enforcement Act. We've posted a newly marked-up version that provides the sources of some of the provisions of the APRIL Act, showing that a lot of the silliness surrounding IP policy isn't limited to today.

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Encryption Wars II?

March 25, 2008 DRM , Fair Use , Filtering , Piracy

On March 19, I was invited to a symposium at Penn Law entitled "Copyright and the Internet: Solutions for a Digital World." The panel before mine was dedicated to reconciling copyright and the first amendment in the areas of filtering, takedown notices, and fair use.

The panel discussion was fascinating, and covered more ground than I can do justice to here. What I want to focus on was a particular point addressed by Jannifer Pariser, Senior Vice President of Sony BMG's Litigation and Anti-Piracy department.

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PK Comments on European Discussion of Filtering, Three-strikes Programs

March 11, 2008 Broadband , Fair Use , Network Neutrality , P2P , Piracy

Last month, Public Knowledge submitted comments to the European Commission in response to this communication on online creative content. The Commission was asking for input about a variety of topics, including making DRM interoperable, creating licenses that would work across national boundaries within the EU, and how to deal with online piracy.

PK's comments focused on just two of the 11 separate questions put for the by the Commission, about potential enforcement mechanisms against online infringement. Those questions were:

10) Do you consider the Memorandum of Understanding, recently adopted in France, as an example to followed?

11) Do you consider that applying filtering measures would be an effective way to prevent online copyright infringements?

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Pulling the Plug on P2P (or the Internet): a poor solution for infringement or ID theft

March 6, 2008 P2P , Piracy

"Share your music—lose your identity." It could be the rallying cry of a hipper-than-thou music fan who only likes bands "before they were cool." But no, it's the title of an op-ed by Representative Howard Coble (R-NC), Ranking Member of the House IP Subcommittee. In it, he links copyright infringement with the risk of identity theft.

Specifically, he cites the example of Gregory Kopiloff, who pled guilty to committing identity theft with personal information he scrounged off of the computers of LimeWire users.

Coble then proceeds with his commentary, implicitly equating this security risk with both copyright infringement and p2p software generally. This is a real mistake, and a real cause for concern if that's the attitude policymakers take when approaching online copyright enforcement.

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Banned from Life: Why Copyright Shouldn’t Control Online Connectivity

February 27, 2008 Fair Use , Filtering , Piracy

Often enough, in discussions about issues like orphan works, we're constantly emphasizing the fact that just about everything is copyrighted. I think it's important to revisit this idea, in the context of plans around the world to have ISPs ban users from the Internet for copyright infringement. (Current efforts include proposals in France (translation here), the UK, and Australia.)

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It’s Deja Vu All Over Again for Hollywood

February 26, 2008 DRM , Fair Use , Filtering , Piracy

Over the past several years, motion picture studio lobbyists have been assuring policymakers, investors and the public that they will not make the same mistake that record companies did when the latter waited for years to make music legally available over the Internet. As a result, fans seeking music online had little alternative than to use free music services, many of which were not legal. And while online services like iTunes and Rhapsody finally did create a legal market for music, it was too late for the recording industry to put the free music genie back in the bottle.

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RIAA wants content filters and proposes spyware too [VIDEO]

February 7, 2008 Fair Use , Network Neutrality , Piracy

Last week, many in the beltway attended the State of the Net Conference put on by the Advisory Committee to the Congressional Internet Caucus. The second panel discussion was on content filters. It was a lively panel, and how could it not be, Gigi and Cary Sherman were on it!

The panel went on for an hour, which is kind of long for any one with just a casual interest to stream over the Internet (Real Player video). I wanted to make sure that folks saw some of what I thought were the more important statements about content filtering—straight from the source: the RIAA.

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