COPYCENSE

Unlike Google and others, we have refrained from keeping Copycense Clippings in interminable beta. Therefore, this is the first “official” edition of Clippings, funky fresh for the ’07. We’ve labored and tinkered and tried and reshaped … and we’ve decided it’s never going to be exactly the way we want it, so we should just get over it and provide the news as we see fit, making subtle changes along the way.

Of course, we’re keeping little touches like the Quote of the Week (QoTW) and the Article of the Week (AoTW) — even though they’re not in this edition — because they bring levity to a rather dry topic. (And also because we can’t believe how idiotic some people sound when they’re talking about this stuff. Do they really know what they’re saying, or just looking to frame issues?)

For those who are new to Copycense – we have had a number of new subscribers during our hiatus (thank you) — we welcome you. Copycense is about creativity and the code that governs it; that code may be legal code (such as copyright, which we cover extensively); or computer code; or code containing bits and bytes; or code that ultimately makes up content, however we define “content.”

While copyright is the dominant theme, we also report and comment on developments in business, licensing, patent, and online activity that affects, or is affected by, one or more of those topics. K. Matthew Dames is your host this evening, with contributions from a collective of dozens.

Article of the Week

The DJ Drama mixtape controversy is, by far, the Article of the Week, but it is significant enough that we will reserve our analysis for a separate article.

Clippings

• Heise Online. Music Industry Continues to Push for Further Restrictions On Private Copying. Jan. 19, 2007. We already told you that 2007 is the 15th anniversary of the Audio Home Recording Act, and that Big Music was going to move to expand its scope in 2007. We’re taking bets; want to get in on this action? Categories: Fair Use & Other Exceptions; International; Law, Legislation & Regulation; Music.
• Michael Geist. The Copycat Copyright Campaign. Jan. 18, 2007. One of the world’s leading thinkers on copyright discusses the role of citizen and professional uproar on copyright legislation. Categories: Law; Legislation & Regulation.
• Noam Cohen. Bloggers Take on Talk Radio Hosts. The New York Times. Jan. 15, 2007. The story about radio hosts making insulting, derogatory, or “insensitive” remarks is secondary in our minds to 1&1‘s possibly hair trigger, preemptive removal of content in response to a possible or threatened DMCA takedown notice from copyright owner ABC. This begs the question: are ISPs really knowledgeable about how Section 512 operates, or do they merely cave in and reflexively remove content whenever they get a notice about copyrighted material from a person who ends his or her name in “Esq.”? We suspect it’s the latter. Categories: Broadcasting & Journalism; DMCA; Web & Online.
• BBHub. US Patent And Copyright Laws Guide Avilable For BlackBerry. Jan. 17, 2007. OK, you must admit; this is so hot. Categories: Law, Legislation & Regulation; Tech & Devices.
• Marketwatch. Music Industry Declares War on Internet Providers. Jan. 17, 2007. One would think that American ISPs could find some relief in the safe harbor provisions of the Digital Millennium Copyright Act. This story suggests Big Music thinks Section 512 is too lax, and will seek to have the scope of that provision narrowed in this new congressional session. Categories: DMCA; International; Music; Law, Legislation & Regulation.
• Andrew Salomon. Will ‘Urinetown’ Case Hamper Artistic Process? Backstage.com. Jan. 17, 2007. When people collaborate on creative works in a hyperactively litigious copyright environment, flare ups like this one are bound to increase. Categories: Bundle of Rights; Ownership.
• Randall Stross. Want an iPhone? Beware the iHandcuffs. The New York Times. Jan. 14, 2007. When the Times resorts to dubbing digital rights management “crippleware,” it is a good indication that the controversy over restricted access to purchased intellectual property is much more prevalent than it used to be. Categories: DRM & Copy Protection; Tech & Devices.
• Ars Technica. Why DRM’s Best Friend Might Just Be Apple Inc. Jan. 11, 2007. Ars Technica advances Billboard‘s story about labels’ possible elimination of DRM by noting the Apple’s refusal to license its Fairplay copy protection technology may ensure that content owners will continue to develop DRM technology. Categories: DRM & Copy Protection; Tech & Devices.
• Info/Law. Back to the Future of Copyright Treatises? Jan. 11, 2007. An interesting post by a University of Minnesota law professor about William Patry’s new copyright treatise. (The 5,000 page print publication is accompanied by a blog as well.) Somewhat to my dismay, there have been few challengers to Nimmer on Copyright. We hope this new addition to the copyright literature changes that. And we note for the record that the razor sharp Patry now is senior copyright counsel for Google. Categories: Research.
• Madisonian.net. Isn’t That (Patent) Special? Jan. 10, 2007. Pitt law professor Mike Madison discusses the Supreme Court’s decision in MedImmune v. Genentech case, which he suggests will change the patent licensing game. Categories: Cases & Litigation; Patent; Science & Medical.

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