Archive for the ‘Web & Online’ Category
Professors Debate Google Book Search
“Google’s quest to “organize the world’s information” is supposed to make life easier. But the issues surrounding the company’s book search program have complicated many academics’ views of copyright, because they involve many nuances surrounding security, infrastructure and compensation.
“At a debate Feb. 24 hosted by the American Enterprise Institute-Brookings Joint Center for Regulatory Studies, Hal R. Varian, founding dean of the School of Information Management Systems at the University of California at Berkeley, said that the Google project is fulfilling an important service by helping people find texts, oftentimes those that have been out of print for decades.
“Doug G. Lichtman, a law professor at the University of Chicago said that Google unfairly puts a burden on copyright holders by forcing them to have to contact the company to ‘opt out’ if they do not want their books included in the search database. He also asked why the onus should fall on authors or publishers to “opt out” to make sure that Google’s search system isn’t allowing third parties to unlawfully use their works.”
Rob Capriccioso. Google’s Not-So-Simple Side. Inside Higher Ed. Feb. 27, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
Microsoft’s Music Offering Is Lacking
“Technical glitches by Microsoft and the digital music device makers have hampered Napster Inc.’s ability to close the gap with Apple’s iTunes, the dominant online music service, Napster’s chief executive said on Tuesday.
“There is no question that their execution has been less than brilliant over the last 12 months,” Napster Chairman and Chief Executive Chris Gorog said at the Reuters Global Technology, Media and Telecoms Summit in New York.
“Microsoft Corp., he noted, had to grapple with the complexities of dealing with a number of different services and device makers.”
Adam Pasick. Napster Rues Microsoft, Player Glitches. Yahoo! News. March 1, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
Australia to Teachers: Show Me The Money
“Schools have warned they will have to turn off the internet if a move by the nation’s copyright collection society forces them to pay a fee every time a teacher instructs students to browse a website.
“Teachers said students in rural areas would bear the brunt of cuts if the Copyright Agency was successful in adding internet browsing charges to the $31 million in photocopying fees it rakes in from schools.
“The agency calculates the total due by randomly sampling schools each year for materials they copy, and extrapolating the results.”
Simon Hayes. Copyright Makes Web a Turn-Off. Australian IT. Feb. 28, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
Yahoo! Music Head Suggests DRM-Free Landscape
“What would happen if all the major record labels had a change of heart and started selling music unencumbered by digital rights management restrictions? The head of Yahoo Music thinks it would be all good. Speaking at Music 2.0 (it’s like Web 2.0, but with a beat), Dave Goldberg suggested that the RIAA and member labels give sales of non-DRMed music a try.
“Using the example of eMusic, which still uses non-DRMed MP3 files, Goldberg said that the current situation is causing problems for consumers. Different DRM measures result in incompatibilities between music services and digital music players (e.g., the iPod and every WMA-using music store). As a result, consumers end up being locked into a single service and music player, which ultimately hurts the industry. If the music industry wants to continue its online growth, it needs to pay more attention to the consumer experience.”
Eric Bangeman. Yahoo Music Exec Suggests We’d All Be Better Off Without DRM. Ars Technica. Feb. 24, 2006.
See also:
CNet Music Blog. Yahoo Exec: Labels Should Sell Music Without DRM. Feb. 23, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
Google Loses Thumbnail Case
The issue is: Does a search engine infringe copyrighted images when it displays them on an “image search” function in the form of thumbnails but not infringe when through in-line linking, it displays copyrighted images served by another website?
Plaintiff Perfect 10, Inc. filed separate suits against Google, Inc. and Amazon.com, Inc. and its subsidiary A9.com, Inc., alleging copyright and trademark infringement and various related claims. The suits were consolidated. Perfect 10 [then moved] for a preliminary injunction against both defendants, solely on the basis of its copyright claims. Perfect 10 seeks to prevent defendants’ image search engines from displaying “thumbnail” copies of Perfect 10’s copyrighted images and also from linking to third party websites which host and serve infringing full-size images.
The Court conducted a hearing on November 7, 2005. The Court now concludes that Google’s creation and public display of “thumbnails” likely do infringe Perfect 10’s copyrights. The Court also concludes, however, that Perfect 10 is not likely to succeed on its vicarious and contributory liability theories. …
Google argues that the ‘value of facilitating and improving access to information on the Internet … counsels against an injunction.’ This point has some merit. However, the public interest is also served when the rights of copyright holders are protected against acts likely constituting infringement. The Court orders Perfect 10 and Google to jointly propose the language of such an injunction, and to lodge their proposal by not later than March 8, 2006.
United States District Court, Central District of California. Perfect 10, Inc. v. Google, Inc.: Order Granting in Part and Denying in Part Perfect 10’s Motion for Preliminary Injunction Against Google (No. CV-04-9484 AHM). (.pdf, 1.98 MB) Feb. 17, 2006.
Attribution: CopyCense first learned of this story via a post in The Trademark Blog, edited by Marty Schwimmer.
Updates:
Edward Wyatt. Ruling May Undercut Google in Fight Over Its Book Scans. The New York Times. Feb. 25, 2006.
The Patry Copyright Blog. Google Nudes II. Feb. 23, 2006.
EFF Deep Links. Perfect 10 v. Google: More Smooth Than Crunchy. Feb. 22, 2006.
The Patry Copyright Blog. Google Nudes. Feb. 22, 2006.
Declan McCullagh. Nude Photo Site Wins Injunction Against Google. News.com. Feb. 21, 2006.
Elise Ackerman. Judge Says Google’s Image Search Violates Some Copyrights. MercuryNews.com. Feb. 21, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
YouTube Faces the Music, DMCA
“As anyone with an Internet connection and a love of cupcakes can tell you, “Lazy Sunday” is a tongue-in-cheek rap video starring Chris Parnell and Andy Samberg of Saturday Night Live. NBC first broadcast the video, a two-and-a-half-minute paean to New York’s Magnolia Bakery, Google Maps and C. S. Lewis, on Dec. 17.
“Fans immediately began putting copies of the video online. On one free video-sharing site, YouTube, it was watched a total of five million times.
“Julie Supan, senior director of marketing for YouTube, said she contacted NBC Universal about working out a deal to feature NBC clips on the site. NBC Universal responded early this month with a notice asking YouTube to remove about 500 clips of NBC material from its site or face legal action under the Digital Millennium Copyright Act.”
John Briggs. A Video Clip Goes Viral, and a TV Network Wants to Control It. The New York Times. Feb. 20, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.
NYT Editorial Supports Network Neutrality
“When you use the Internet today, your browser glides from one Web site to another, accessing all destinations with equal ease. That could change dramatically, however, if Internet service providers are allowed to tilt the playing field, giving preference to sites that pay them extra and penalizing those that don’t.
“The Senate held hearings last week on “network neutrality,” the principle that I.S.P.’s — the businesses like Verizon or Roadrunner that deliver the Internet to your computer — should not be able to stack the deck in this way. If the Internet is to remain free, and freely evolving, it is important that neutrality legislation be passed.”
The New York Times. Tollbooths on the Internet Highway (Editorial). Feb. 20, 2006.
Update:
Grant Gross. Fight Brewing in Congress Over Net Neutrality. Computerworld. Feb. 21, 2006.
CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.