COPYCENSE

K. Matthew Dames, executive editor of SNTReport.com, is presenting a talk in Washington, DC this afternoon entitled "Fair Use in the Digital Age." The talk will   analyze Section 107 of the copyright law, including where fair use falls within the copyright landscape, how information professionals can properly analyze the law, and how the nature of fair use has changed as the dominant information format has evolved from analog to digital. Today’s presentation is part of a brown bag lecture series on information law and policy issues that Dames will be moderating throughout the winter and early spring of 2005.

Series Description: Once a legal backwater that interested only specialists, information law issues are now considered central to the nation�s communications, legal and economic infrastructure. While information law is more important than ever, information professionals often lack the necessary knowledge and tools to navigate the thicket of laws, regulations, treaties and policies.

This brown bag luncheon series will address some of the most important legal and policy issues that information professionals face today. Sponsored by the DC Chapter of SLA, National Capitol Chapter (NCC) of AIIM, the Washington DC Chapter of SCIP, Northern Virginia Chapter of ARMA, Federal Law Librarians� SIS, Adobe Systems Inc., and STG International, this series will identify information professionals� responsibilities, providing a forum for discussing and resolving some of the profession�s most important issues, sharing resources for further research and problem-solving.

The sessions will be moderated by K. Matthew Dames, JD, MLS, an information policy expert who teaches information law at Syracuse University�s School of Information Studies. A comprehensive set of handouts will be created for each topic and posted to the DC/SLA website and SNTReport.com.

Schedule: Join us on the second Wednesday of each month, January through April 2005, as we explore copyright, fair use, licensing digital resources, digital rights management, and open access.
Session 1, January 12, 2005: Copyright & Fair Use
The copyright doctrine of fair use has become critically important in the digital age, yet it remains one of copyright law�s most misunderstood and misapplied doctrines. During this first luncheon meeting, we will analyze what fair use means, including:
– Translating the law into plain English
– Establishing a system for determining whether fair use applies
– Discussing whether fair use remains viable given the changes in the law over the last decade.

Session 2, February 9, 2005: Licensing Digital Resources

Session 3, March 9, 2005: Digital Rights Management

Session 4, April 13, 2005: Open Access

Site & Registration Details:The brown-bags will begin promptly at 12 noon (12:00 pm � 2:00 pm) at the AeA David Packard Conference Center, 601 Pennsylvania Ave., NW, North Bldg – Suite 600 (Metro: Archives/Navy Memorial) in Washington, DC. Space is limited, so register early at the AIIM National Capitol Chapter website.

"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.

"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 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.