Amazon blocked sales of the Ebook Spots the Space Marine
by author M.C.A. Hogarth
after a notice from gaming industry powerhouse Games Workshop
that they had trademarked the phrase "Space Marine
" and that Hogarth, and anyone else who uses it, is infringing. GW brought this complaint based on "Class 16" of their European tradmark
. [more inside]
It is now illegal
in the US to unlock your smartphone. You face up to five years imprisonment and a $500,000 fine. [more inside]
Buffy vs Edward: Twilight Remixed (previously
), a textbook example of fair use, has been removed from YouTube
after Lionsgate's attempts to monetize with ads it were met with resistance by the video's creator. "This is what a broken copyright enforcement system looks like." [more inside]
In an attempt to make itself less desirable to copyright infringers, starting November 27, RapidShare will begin capping non-paying users
at 1 gigabyte of outbound downloads per day. (Paying users will have 30 gigabytes.) Meanwhile, controversial Megaupload founder Kim Dotcom is planning a January debut for his new Mega
service - which plans to insure itself against litigation by having all hosted material encrypted by the uploader's browser before transmission.
“These companies are willing to shove 1,000 attorneys down your throat if you share music, but won’t even respond to a legal order about actual music theft and piracy.”
] [more inside]
The U.S. House of Representatives has drafted
their version of Senator Leahy's
Protect IP Act, renaming
the bill the E-Parasites Act
. Among other changes discussed prev
, the bill now makes
internet service providers and websites liable for activities of their users that infringe upon copyrights, effectively overturning parts of the 13-year-old Digital Millennium Copyright Act.
Andy Baio: “Kind of screwed”.
Baio produced a chiptune
tribute to Miles Davis’ classic album Kind of Blue
. He licensed all of the tracks and assigned all profits directly to the five musicians on the album.
The one thing he didn't do was check about the cover art, a pixelated rendering of the photo on the original album cover. Jay Maisel
, the photographer who shot the photo in question, sued Baio for $150,000 per download plus $25,000 for DMCA violations. Baio settled for $32,500, not because he wasn’t convinced he was in the right (this almost certainly qualifies as fair use), but because it was “the least expensive option available”. [more inside]
For over a year now
, Righthaven has been suing bloggers
, news websites
, and now even journalists covering Righthaven
for reproducing, in full or part, articles and pictures from newspapers that it purchases the copyright for. But it might be starting
. [more inside]
YouTube allows fair use defense.
Under a new policy, users claiming fair use in videos previously taken down due to a copyright claim will be restored, and the claimant forced to file a formal complaint under DMCA. [more inside]
The downfall of "Downfall"?!
(SLYT) More info on this from the LA Times
. This is why we can't have nice things.
Google Alleges That Viacom ‘Secretly Uploaded Its Content to YouTube, Even While Publicly Complaining About Its Presence There’
Zahavah Levine, chief counsel for YouTube in its litigation with Viacom, explains:
For years, Viacom continuously and secretly uploaded its content to YouTube, even while publicly complaining about its presence there. […] Viacom’s efforts to disguise its promotional use of YouTube worked so well that even its own employees could not keep track of everything it was posting or leaving up on the site. As a result, on countless occasions Viacom demanded the removal of clips that it had uploaded to YouTube, only to return later to sheepishly ask for their reinstatement. In fact, some of the very clips that Viacom is suing us over were actually uploaded by Viacom itself.
Gonzales pushes plan to criminalize copyright infringement,
making it punishable by life imprisonment; to increase wiretaps; and to require Homeland Security to notify the RIAA in certain circumstances. "To meet the global challenges of IP crime." I'd comment on this, but I'm afraid that someone might think I was copying someone else. The Intellectual Property Protection Act
(official press release
) appeared previously in a speech (2005)
and as a draft (2006)
- now the Justice department is pushing Congress to bring it forward. [newsfilter]
The USA playing global sheriff isn't new
, but the reach of US laws is extending
isn't a terrorist or a violent criminal, he didn't even make any money from his crime. He pirated some software, from his home in Australia.
So why is he in jail in Virginia?
Some think we might as well join 'em
"Dear Internet, I'm Sorry..."
Meet Michael Crook
, being billed as "the most hated man on the internet". First coming in to view when taking a really bad idea
to it's ridiculous extreme
, he appears on
Fox's Hannity & Colmes to lambast members of the military for being "worthless pukes" and whining about their compensation. One site decides to give him a taste of his own medicine, which he clearly didn't like.
New Zealand may soon implement legislation very similar to the DMCA
, if the latest draft of the Copyright Amendment Bill is passed. It would appear that the New Zealand government is about to make the same mistake made by the USA several years ago. Most specifically, they propose:
[To] introduce an offence (carrying a sentence of a fine not exceeding $150,000 or a term of imprisonment of up to 5 years, or both) for commercial dealing in devices, services, or information designed to circumvent technological protection measures
Her contact details
are available online. We have a small window of opportunity to point out the problems and unintended consequences
with similar legislation in other countries, and hopefully circumvent the same problems in New Zealand.
A PORTION OF THIS TRANSCRIPT HAS BEEN REMOVED
Not only did CNN edit out
a portion of the Larry King Live
show from last night for the west coast and later showings, they also edited their transcripts and have sent DMCA takedown notices for the copies on youtube. What was so controversial? Just Bill Maher claiming that Ken Mehlman is gay
, something Mehlman neither confirms nor denies.
YouTube is taking down Daily Show and Colbert Report clips.
The new DMCA: the Intellectual Property Protection Act of 2006 The 24-page bill is a far-reaching medley of different proposals cobbled together. One would, for instance, create a new federal crime of just trying to commit copyright infringement. Such willful attempts at piracy, even if they fail, could be punished by up to 10 years in prison.
Judge: Stealing a password does not constitute hacking.
David Egilman is a highly-regarded expert in occupational medicine; he was the plaintiff's witness in a recent $253-million verdict in Texas against Vioxx. After two opposing law firms stole a password to his private website containing confidential information for his clients and students, he sued them under the DMCA. He lost
In a sardonic new editorial, the Register asks whether the EFF is harming the very causes that it's supposedly fighting for.
This isn't coming out of left field. The EFF has lost numerous cases that could have been won
, and in doing so is helping to creating precedents that make fights for civil liberties harder to wage.
Blackhat Search Engine Optimization Techniques.
Through the use of a DMCA
(Digital Millennium Copyright Act) complaint, you can have competing web sites thrown out of Yahoo's search index. If you file a DMCA report against a site, Yahoo will quickly remove the "offending" site, leaving no trace of the site in its index. This has led to a rise in so-called "Blackhat SEO
," wherein one seeks to become the leading search result not by improving one's own site, but by having competing sites removed through the DMCA.
via the EFF
(warning, they do want your money to continue fighting "to defend
our rights to think, speak, and share our ideas, thoughts, and needs using new technologies, such as the Internet and the World Wide Web.")
Lawsuits have driven some excellent consumer products into extinction, like the ReplayTV 4000
, DVD X Copy
and the lamented wild and crazy Napster 1.0
including what drove them into extinction. They also list endangered gizmos like the HD TV PCI Card
and Generic FireWire
, open Wifi hot spots and CD burners
Among the "saved" gizmos is the Skylink garage door opener
which had been attacked under the DMCA
A google search for kazaa lite
now yields the following disclaimer (scroll to the bottom of the results page): In response to a complaint we received under the Digital Millennium Copyright Act, we have removed 9 result(s) from this page. If you wish, you may read the DMCA complaint for these removed results.
SecurityFocus is talking about
Niels Provos, a graduate student well known for his work in steganography and for creating the honeyd program, having to move his research for his PhD from his U of Michigan homepage
to a server in the Netherlands and keep U.S. citizens from viewing the information. Why? Because the state of Michigan passed their version
I can see the routers and firewall software piling up in the trash.
Dow Chemical takes over a parody site
Long time reader, first time poster... So what's the lesson learned here? If you make a parody, don't register your domain with a faked name?
. The meaning of which brings either joy, bewilderment or disgust
. Several retailers have sent DMCA notices to several deal hunting sites
forcing them to remove any ads or information that reveal any specials that will be offered. WTF!? What other inane uses will the DMCA
be used for?
Let your voice be heard.
The Copyright Office is Taking Comments On The DMCA, starting today. You can read the law as a PDF Here
They are requesting written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers and members of the public, in order to elicit evidence on whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by this prohibition on the circumvention of measures that control access to copyrighted works.
The Free World
is a resource for hosting all kinds of useful information: security information, cryptographic research, programs for the manipulation of patented or reverse engineered data formats (never mind that only processes can be patented and data format patents aren't legal in the first place) and possibly reverse engineering tools. One problem though. If you are a citizen of the USA, or under the jurisdiction of the USA, the license forbids you access. Why? The DCMA.
Ever wonder who collects information
on DMCA violations?
Apple doesn't seem to think the DMCA bites
Apple is using their interpretation of the Digital Millennium Copyright Act to prevent third party dealers from providing software to Apple users enabling them to burn DVDs on external drives.
They have no problem with them burning DVDs on Apple drives, naturally.
And to think I was just about to switch
, too. Um, yeah.
Ever downloaded an episode of a tv show through gnutella or other P2P means? The MPAA may be on the lookout for you
The Big Book of Sign Language (from rotten.com).
Have you ever wondered how to sign phrases such as "I shovel shit all day long", "I want to pull the shrieking voices from my head and smoosh them", and "Unlock my legs and get it over with"? The Big Book shows you how. Inappropriate? Yes. Hysterical? Yes. (Portions may not be safe for work. Link via Magnetbox
. Thanks, ben.)
When stupid laws attack: this article
points out that the widely syndicated article
about thwarting the copy protection of sony's CDs is a direct violation of the DMCA
. Will news directors at Reuters, Yahoo, and CNN be seeing fines and jail time soon? How many times does it have to be pointed out that the DMCA restricts free speech as it attempts to thwart piracy at any cost? (via k5
U.S. Rep. Rick Boucher On Why The DMCA Sucks
has a Great Editorial
by Rick Boucher
who says traditional "fair use" rights are at the foundation of the receipt and use of information by the American people, and those rights are now under attack.
He goes on to say Congress agreed to a fundamentally flawed bill, which created the new crime of circumvention--a crime divorced from over a century and a half of respect for the fair-use rights of consumers. The DMCA, as enacted, quite clearly tilted the balance in the Copyright Act toward complete protection and away from information availability.
"Consider the implications. A time may soon come when what is available for free on library shelves will only be available on a pay-per-use basis. It would be a simple matter for a copyright owner to impose a requirement that a small fee be paid each time a digital book or video documentary is accessed by a library patron. Even the student who wants even the most basic access to only a portion of the book to write a term paper would have to pay to avoid committing a crime."
Sony gets on the DMCA train.
Earth to Sony: creating an SDK or an API would be cheaper than lawyers, and not look as horribly militant.
Hackers win round one!
Feel free to post DeCSS to this thread; it is no longer illegal.
What, if anything, does this mean to the movie industry?
Music biz wants tougher DMCA
"If the RIAA gets its way, ISPs will be as guilty of copyright violation as their subscribers. "Because of the magnitude of the problem, ISPs can no longer be shielded from the wrath of the law," shrieked Rosen righteously."
A quick break from all the WTC stuff... Considering the recent events, it's probably been overlooked.
Canada is proposing a Consultation Paper on Digital Copyright Issues
which is similar to the DMCA in the US.
All comments on it have to be received by Sept. 15th. You can read the EFF Alert
, for more information.
DMCA: It's not just for software pirates and movie traders anymore. [salon link, sorry]
Don't like what a web site is saying about your company and its investors? Cry copyright wolf and the site goes down, no questions asked.
The first indictment under the DMCA could imprison Sklyarov for 25 years.
Adobe and the US's plan to put the fear of the DMCA into the hearts of billions is going according to plan.
This NYT article
on the Digital Millennium Copyright Act (DMCA), written by Prof. Lawrence Lessig (author of an excellent book
on copyright law and policy in the digital age), raises concerns that were academic prior to the recent arrest
of a Russian software programmer at a Las Vegas computer security convention for violation of the act's Sec. 1201(a)(1)(A)'s anticircumvention provision
Is Lessig right that Sec. 1201 essentially makes coders (and their employers) into de facto
lawmakers and, if so, is this a bad thing? If Sec. 1201 is bad policy, are there any more reasonable alternatives for effectively protecting access to software and/or providing negative incentives for the unauthorized use of software? (NYT article, registration required)