Archive for February 2006
Comical Copyright
“[Next] month, … the tireless trio of Keith Aoki, James Boyle and Jennifer Jenkins [will] unleash what they believe is the first-ever comic book to explicate a vexing area of law for filmmakers.
“‘Bound by Law?’ is drawn by Aoki and co-written with Duke Law School professors Boyle and Jenkins. Jenkins is the director of Duke Law’s Center for the Study of the Public Domain, and Boyle is a faculty co-director.
“The 66-page book is aimed at helping documentary filmmakers navigate the treacherous waters of copyright law, especially its fair-use doctrine, under which excerpts of copyrighted works may be used without permission in limited circumstances.”
Paul Bonner. Comic Book About Copyright? The Herald-Sun. Jan. 30, 2006.
Update (March 21, 2006): Free digital versions of Bound By Law? are available from the Center for the Study of the Public Domain at Duke Law School.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
DRM Quickly Becoming a Household Word
“Big media players are accustomed to watching the ratings for the most popular music, video and book content, but perhaps they should pay more attention to how consumers feel about three letters at the bottom of most charts — DRM, which stands for digital rights management.
“Media players are risking a consumer backlash by deploying overzealous systems with such limitations, especially in the wake of Sony BMG’s decision last year to sell CDs with copy-protection software using “rootkits” — computer software frequently used by hackers to cloak the presence of viruses and spyware.
“The Sony incident, however, raises a host of questions. First and foremost is whether consumers are being duped when they buy content, only to find there are restrictions on transferring music to multiple devices or, even worse, that the DRM software exposes their computer to security risks. Other questions include: Is DRM worth the effort? How can you balance the rights of consumers with the rights of media companies? And what’s the future of DRM?”
Knowledge@Wharton. Digital Rights Management (DRM): Media Companies’ Next Flop? No date.
Editor’s note: Version 1.1 of CopyCense’s bibliography on the Sony rootkit scandal is now available.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
DRM & Skiing
“DRM – the imposition of restrictions on usage of content by technical means – is far more than [like checking your lift ticket when you get on the ski lift]. It’s like checking the lift ticket, yes, but also the guy checks you are only wearing gear hired from the resort shop, skis with you down the slope and trips you if you try any maneuvers that weren’t taught to you by the resort ski instructor; then as you go down the slope he pushes you away from the moguls because those are a premium feature and finally you get to run the gauntlet of armed security guards at the bottom of the slope checking for people who haven’t paid.
“The problem with technology-enforced restrictions isn’t that they allow legitimate enforcement of rights; it’s the collateral damage they cause in the process.”
SunMink. DRM and the Death of a Culture. Jan. 28, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
DRM & Skiing
“DRM – the imposition of restrictions on usage of content by technical means – is far more than [like checking your lift ticket when you get on the ski lift]. It’s like checking the lift ticket, yes, but also the guy checks you are only wearing gear hired from the resort shop, skis with you down the slope and trips you if you try any maneuvers that weren’t taught to you by the resort ski instructor; then as you go down the slope he pushes you away from the moguls because those are a premium feature and finally you get to run the gauntlet of armed security guards at the bottom of the slope checking for people who haven’t paid.
“The problem with technology-enforced restrictions isn’t that they allow legitimate enforcement of rights; it’s the collateral damage they cause in the process.”
SunMink. DRM and the Death of a Culture. Jan. 28, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
Web’s Viability Depends on Network Neutrality
“Virtually since the Internet’s creation, its most devoted protectors have been wondering how long it would take for the forces of unrestrained commerce to throttle its freedom and innovation.
“Now they have a date: Some people believe the breakpoint will come as early as Jan. 6, 2008.
“That’s when the telecommunications marriage of Verizon Communications and MCI marks its second anniversary and sheds an important restriction imposed by the Federal Communications Commission when it approved the deal in November: a requirement that Verizon comply with the principle known as ‘network neutrality’ for two years following the completion of its acquisition.
“Absent network neutrality, network operators could dictate to customers which Internet services they could access, and at what quality.”
Michael Hiltzik. Web’s Fate May Hinge on ISPs’ Neutrality. LATimes.com. Jan. 30, 2006.
See also:
CopyCense. Big Telecom Moving Away from Network Neutrality. Jan. 25, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
Ed Foster Starts License Agreement Library
“The great paradox about shrinkwrap/clickwrap/sneakwrap license agreements is that the vendors insist we have to read all their terms while at that same time making it as hard as possible to do so. Why can’t we have a place where we can read their terms before we buy, or see what others have to say about them? Well, I think we can, which is why I’m starting a EULA library on the GripeWiki.
“Many software publishers still hide their terms until after you purchase the product, and then spring the license on you during installation when you’re eager to start using the program. That means each customer must individually do a EULA analysis with whatever tools they have at their disposal at that moment, and even some of the worst spyware terms might slip through the cracks as a result.
“To make EULA analysis more of a collaborative effort, and to sharpen the tools that can help us spot the nastiest terms, the first step is to put the licenses someplace where we can all see them and comment on them. That’s the kind of thing wikis are built to do.”
The Gripe Line Weblog. Starting a EULA Library. Jan. 30, 2006.
See also:
The Gripe Wiki. EULA Library. No date.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
CopyCense’s Sony-BMG DRM Bibliography (v. 1.1)
Editor’s Note: CopyCense started its coverage of the Sony DRM-rootkit issue on Wednesday, Nov. 2, 2005. Unlike few other issues covered here, the debate over Sony BMG’s surreptitious use of malicious digital rights management code has spawned a torrent of stories. From the beginning, CopyCense has attempted to provide an ongoing, frequently updated listing of key stories and documents. As we received word over the holiday season that Sony BMG was seeking to settle class action lawsuits against it in the United States — a separate class action against Sony BMG started last week — the editorial staff decided to republish our collection of stories into a bibliography. As before, we will continue to update this bibliography periodically, and will cross-post to it as we expand our coverage of digital rights management.
The first edition (Version 1.0) of CopyCense Sony BMG DRM bibliography is compiled by K. Matthew Dames, and includes stories published during the U.S. holiday season (Dec. 23, 2005 through Jan. 2, 2006). This edition, Version 1.1, is updated through Feb. 8, 2006.
For more DRM information, please check CopyCense‘s DRM Archive.
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