Archive for January 2005
A Violation of Shrink Wrap License?
"A thought suddenly struck me yesterday when I was reading the press release for Microsoft’s new Windows AntiSpyware product. If Microsoft’s product is really going to clean up spyware effectively, how will it do so without violating the licensing agreement of Claria’s Gator and other spyware/adware?
"An increasingly common provision in the adware EULAs is a prohibition against using third party software to remove the program. As spyware researcher Ben Edelman reported in November,, Claria’s EULA only allows removal of Gator and related software through a cumbersome process using the Windows Add/Remove Programs menu. Removing it through the use of spyware detection programs, presumably including Microsoft’s new offering, is a violation of the EULA."
Ed Foster. Is Microsoft Violating the Gator EULA?. The Gripe Line Weblog. Jan. 7, 2004.
SNTReport.com™ Covering the Intersection of Collaboration and Technology. A Seso Group™ Venture.
PC World’s Legislative Year in Review
"For good or ill, Congress kept to its usual snail’s pace on a number of controversial issues ranging from digital copyright to spyware; other government agencies, however, made up for some of the slack.
"Congress tried. It really did. And it came so close on several issues–spyware and digital copyright most prominently. But though a number of bills were proposed, and some were even passed by the House or the Senate, very few actually became law. The Federal Communications Commission, the Supreme Court, and the Department of Justice, however, were all busy bees.
"Below, I run through six of the year’s major topics, what’s been decided, the considerable amount still left on the to-do list for 2005–and my guess as to how much of that list Congress will actually get to this year."
Anush Yegyazarian. Legislative Year in Review: All Talk, Little Action. PC World. Jan. 6, 2005.
SNTReport.com™ Covering the Intersection of Collaboration and Technology. A Seso Group™ Venture.
Fujitsu-Siemens Ordered to Pay Copyright Tax
"Fujitsu-Siemens has been ordered by a German court to pay a levy every time one of its computers is sold in the country, as part of a ‘tax on piracy.’
"The judge ruled in December that because the company’s PCs could be used for copying material–and denying rights holders their due royalties–Fujitsu-Siemens should make it up by way of a contribution of about $16 (12 euros) per machine."
Jo Best. Fujitsu-Siemens to Pay Per-Machine Fee for Piracy. News.com. Jan. 4, 2005.
See also:
Jan Libbenga. Fujitsu Siemens Loses German PC Levy Case. The Register. Jan. 3, 2005.
SNTReport.com™ The Online Journal for Social Software, Digital Collaboration & Information Policy. A Seso Group™ Venture.
Gates Speaks on Search, Blogs, Games
"Microsoft’s chairman is setting the company on a course to provide software and tools that will allow different forms of entertainment to blend. Messaging will become a crucial part of Xenon, the code name for the next Xbox. Microsoft will also work with television outlets like the Discovery Channel and MTV Networks to create tools for delivering content, as well as advertising, into the home.
"Its eyes ever set on the competition, Microsoft will continue to raise the stakes against Apple Computer in the music industry and against Google and Yahoo in search.
"Gates spoke with CNET News.com on the eve of his keynote speech at the Consumer Electronics Show in Las Vegas about Microsoft’s consumer plans, the convergence of entertainment technologies–and why he hasn’t done a blog yet."
Michael Kanellos. Gates Taking a Seat in Your Den. News.com. Jan. 5, 2005.
SNTReport.com™ The Online Journal for Social Software, Digital Collaboration & Information Policy. A Seso Group™ Venture.
Software Industry Seeks Greater Copyright Protection Via DMCA
"Several of the world’s largest high-tech corporations, many who are members of the Business Software Alliance (BSA), plan to urge Congress today to force Internet service providers to crack down more aggressively on their users who swap copyrighted software, music or video files online.
"The move is a significant escalation in the campaign by the software and entertainment industries to squelch widespread file sharing by millions of users through services such as Kazaa, Grokster and Morpheus. If successful, it could reshape a long legal tradition of shielding phone, cable and other communications companies from liability for the actions of their customers.
"BSA officials want Congress to secure the cooperation of Internet service providers by amending the 1998 Digital Millennium Copyright Act, which was designed to address potential copyright violations in the electronic age."
Jonathan Krim. Tech Firms Aim to Change Copyright Act. WashingtonPost.com. Jan. 6, 2004.
See also:
Declan McCullagh. Software Firms Want Copyright Law Rewrite. News.com. Jan. 7, 2004.
Business Software Alliance. Intellectual Property in the 21st Century. (.pdf) Jan. 2005.
(Editor�s Note: The Post allows free access to their stories on the Web for 14 days before sending the stories to the paper�s fee-based Archives.)
SNTReport.com™ Covering the Intersection of Collaboration and Technology. A Seso Group™ Venture.
Entertainment Industry Sees Piracy as Major Threat
"People working in the entertainment industry see digital piracy as a major threat to their businesses, according to a new study by In-Stat/MDR.
"In a survey of film and TV industry workers, nearly half said illegal theft of entertainment content threatened their bottom lines, In-Stat said Tuesday. About 27 percent of those surveyed said they had already lost revenue because of piracy. The survey was taken by 1,806 people working in the variety, broadcasting, cable and news sectors.
"The entertainment industry is trying to grapple with illegal downloading of music from the Internet, as well as file sharing and the use of peer-to-peer software. These efforts got a boost last month, when the U.S. Supreme Court agreed to hear a case on whether companies that produce file-sharing software can be held legally responsible when people use their products to swap copyrighted material.
Dinesh C. Sharma. Piracy Hits Hollywood in the Wallet. News.com. Jan. 4, 2004.
SNTReport.com™ The Online Journal for Social Software, Digital Collaboration & Information Policy. A Seso Group™ Venture.
Information Today Analyzes Google’s Digitization Project
"Librarians, academicians, journalists, information industry pundits, and real people continue to ring in with comments, concerns, quarrels, and commendations for Google’s new library program. ‘This is the day the world changes,’ said John Wilkin, a University of Michigan librarian working with Google. ‘It will be disruptive because some people will worry that this is the beginning of the end of libraries. But this is something we have to do to revitalize the profession and make it more meaningful.’
"When asked whether Google is building the library to replace all other libraries, Google representatives—after saluting the role of librarians—said they had ‘no such plans at the moment. There was too much work to do.’
"Here is a roundup of some of the questions asked and answers posited."
Barbara Quint. Google’s Library Project: Questions, Questions, Questions. InformationToday.com. Dec. 27, 2004.
See also:
Mary Minow. Google-Watchers – Want Privacy Guarantees Before Handing Over Library Books for Google Digitization. LibraryLaw Blog. Dec. 16, 2004.
Gary Price. Google Partners with Oxford, Harvard & Others to Digitize Libraries. Search Engine Watch. Dec. 14, 2004.
SNTReport.com™ Covering the Intersection of Collaboration and Technology. A Seso Group™ Venture.
COPYCENSE 