Archive for December 18th, 2007
The final Clippings edition of this year features a novel approach to copyright reform; the Canadian citizenry stopping cold the march of restrictive copyright; and using P2P for marketing purposes.
Thank you for continuing to follow Copycense. We will resume Clippings coverage early next year.
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Article of the Week
Pamela Samuelson. Preliminary Thoughts on Copyright Reform. The UC-Berkeley law professor offers “preliminary thoughts about what a model copyright law might include and how one might go about getting rid of some of the clutter in the existing statute,” using the example provided by the American Law Institute’s model laws. Categories: Legislation & Regulation; Research.
Quotes of the Week
“It is undisputed that Defendant possessed unauthorized copies of  copyrighted sound recordings on his computer. … Virtually all of the sound recordings … are in the ‘.mp3’ format. … Defendant admitted that he converted these sound recordings from their original format to the .mp3 format for his and his wife’s use. The .mp3 format is a ‘compressed format [that] allows for rapid transmission of digital audio files from one computer to another by electronic mail or any other file transfer protocol.’ Napster, 239 F.3d at 1011. Once Defendant converted Plaintiffs’ recording into the compressed .mp3 format and they are in his shared folder, they are no longer the authorized copies distributed by [plaintiff recording companies].” — Recording Industry Assn. of America brief in Atlantic v. Howell.
MacNN. RIAA Claims CD Rips Are Piracy in Lawsuit. Dec. 11, 2007. The MacNN headline is provocative, but not quite accurate. What the music industry lobby argues that ripping copyrighted music from CD (i.e. the “original format”) to another format (e.g. .mp3 files, for example) and posting to a shared folder on a peer-to-peer program (like Kazaa) means the music becomes de facto illegal, and therefore copyright infringement. While most coverage of this brief focuses on the alleged illegality of ripping music from compact disc to another format, to us the real story is about the recording industry’s attempts to extend into judge-made law the “making available” doctrine, which the industry argued strongly in the Jammie Thomas trial. Although the RIAA does, in fact, think that making personal copies of music is illegal, we’d like to think the likelihood of them trying to enforce that principle alone is far fetched. We’ve seen stranger things occur, however. Categories: Bundle of Rights; Cases & Litigation; File Sharing, P2P & Downloads; Music.
“We are willing to purchase media, and have thousands of music and movies; we are the entertainment industries best friend when it comes to spending money on entertainment. But as with all end of an era kind of things, everything we do is somehow proscribed, regulated, or locked. Those heady days of being 14 or 40 and copying something so it can come with us are over, and that is a shame.” — Techwag.
Techwag. The End of An Era Over Copyright. Dec. 12, 2007. We disagree that the days of copying something to come with you are over, but it is a shame that too many citizens feel proscribed from doing this very fundamental networked activity. Categories: Bundle of Rights.