[MCN-L] IP SIG: Fwd: VRA Intellectual Property Rights News: August 2009
Diane M. Zorich
dianezorich at comcast.net
Mon Aug 31 10:52:31 PDT 2009
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>Thread-Topic: VRA Intellectual Property Rights News: August 2009
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>Date: Mon, 31 Aug 2009 13:37:38 -0400
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>From: "Caizzi, Carolyn" <carolyn.caizzi at YALE.EDU>
>Subject: VRA Intellectual Property Rights News: August 2009
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>IPR-In the News
>Compiled by Carolyn Caizzi, Yale University
>(standing in for the lovely and talented Jen
>Green)
>------------------------------------------------------------------------------------------------------------
>
>FCC Opens Investigation on iPhone App Discrimination
>by Fred von Lohman, Electronic Frontier Foundation, August 3, 2009
><http://www.eff.org/deeplinks/2009/08/fcc-opens-investigations-iphone-app-discrimination>http://www.eff.org/deeplinks/2009/08/fcc-opens-investigations-iphone-app-discrimination
>
>"The FCC has sent a trio of letters to Apple,
>AT&T, and Google seeking information about
>Apple's recent decision to block Google Voice
>apps from Apple's iPhone App Store. We're
>pleased that Chairman Genachowski's FCC is
>taking wireless competition seriously, and hope
>that it also looks into similar discriminatory
>treatment that has affected iPhone apps from
>others, such as Skype, Mozilla, and Sling Media."
>------------------------------------------------------------------------------------------------------------
>
>EFF Defends Wikipedian's Right to the Public Domain
>by Fred von Lohmann, Electronic Frontier Foundation, August 3, 2009
><http://www.eff.org/deeplinks/2009/07/eff-defends-wikipedi>http://www.eff.org/deeplinks/2009/07/eff-defends-wikipedi
>
>"As has been widely reported, the National
>Portrait Gallery of London (NPG) recently sent a
>legal threat to an American Wikipedian, Derrick
>Coetzee, over his posting approximately 3,000
>photos of public domain paintings to Wikipedia.
>Because of the importance of this issue for the
>public domain and the Internet generally, EFF
>has taken Mr. Coetzee as a client. Here's the
>issue at the heart of this dispute: does
>something have to be in the public domain in
>every country on the planet before it can be
>posted to the Internet anywhere?"
>------------------------------------------------------------------------------------------------------------
>
>Movie Monsters Help Set Intellectual Property Precedents
>by Shannon P. Duffy, August 10, 2009
><http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1202432899599>http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1202432899599
>
>"In the movies, it seems that monsters are
>always up to no good --making mayhem or setting
>fires. But in a federal court in Philadelphia
>last week, a couple dozen movie monsters made
>some important new law and set a few significant
>precedents in the area of copyrights and
>trademarks that will help to define the doctrine
>of "fair use" for years to come."
>------------------------------------------------------------------------------------------------------------
>
>Judge Rules Against RealDVD
>by Fred von Lohmann, Electronic Frontier Foundation, August 12, 2009
><http://www.eff.org/deeplinks/2009/08/judge-rules-against-realdvd>http://www.eff.org/deeplinks/2009/08/judge-rules-against-realdvd
>
>Judge Patel (who also handled Napster and
>Bernstein cases) has granted a preliminary
>injunction in favor of the major motion picture
>studios and DVD-CCA in their legal battle with
>Real Networks over its RealDVD products.
>UPDATE: Just one day after Judge Patel's ruling
>against RealDVD, a California appeals court has
>ruled against Kaleidescape, reversing the lower
>court and sending that case back for a fresh
>determination of whether Kaleidescape violated
>the terms of the DVD-CCA license. More bad news
>for innovators who want to bring legitimate
>consumers DVD jukebox products.
>------------------------------------------------------------------------------------------------------------
>
>Sony Plans to Adopt Common Format for E-Books
>By Brad Stone, The New York Times, August 12, 2009
><http://www.nytimes.com/2009/08/13/technology/internet/13reader.html>http://www.nytimes.com/2009/08/13/technology/internet/13reader.html
>
>
>"Paper books may be low tech, but no one will
>tell you how and where you can read them...
>On Thursday, Sony Electronics, which sells
>e-book devices under the Reader brand, plans to
>announce that by the end of the year it will
>sell digital books only in the ePub format, an
>open standard created by a group including
>publishers like Random House and HarperCollins.
>Sony will also scrap its proprietary anticopying
>software in favor of technology from the
>software maker Adobe that restricts how often
>e-books can be shared or copied."
>------------------------------------------------------------------------------------------------------------
>
>Designing a Copyright Bill that's Built to Last
>By Michael Geist, The Star (Toronto), August 17, 2009
><http://www.thestar.com/article/682006>http://www.thestar.com/article/682006
>
>"As the national copyright consultation launched
>earlier this summer hits the midway point, the
>first four weeks have attracted considerable
>interest. There have already been more than a
>thousand submissions, one town hall meeting and
>five roundtable discussions, with many Canadians
>visiting copyrightconsultation.ca to provide
>their views on copyright reform. Changes such as
>expanded fair dealing, legal protection for
>digital locks and new digital levies have
>emerged as the most-discussed issues. However,
>many are still grappling with one of Industry
>Minister Tony Clement's core concerns: In an era
>of rapidly changing technology, how does the
>government ensure a new copyright bill is built
>to last?"
>------------------------------------------------------------------------------------------------------------
>
>U.C. Professors Seek Changes to Google Books Deal
>By Miguel Helft , BITS Blog, The New York Times, August 17, 2009
><http://bits.blogs.nytimes.com/2009/08/17/uc-professors-seek-changes-to-google-books-deal/>http://bits.blogs.nytimes.com/2009/08/17/uc-professors-seek-changes-to-google-books-deal/
>
>"A group of prominent faculty representatives
>from the University of California, one of
>Google's earliest and closest allies in its plan
>to digitize books from major libraries, is the
>latest to raise concerns about important aspects
>of a high-profile class-action settlement
>between Google and groups representing authors
>and publishers. The professors include members
>of the university's Academic Council (the
>executive committee of the much larger Academic
>Senate) as well as the chair of the Academic
>Senate's Committee on Libraries and Scholarly
>Communication. Their views suggest something of
>a break between representatives of the
>university's faculty and its administration,
>which has endorsed the settlement..."
>
>"In concluding this letter, we want to make
>clear that we are not opposed to the settlement.
>As we understand it, the question before the
>court is whether the settlement is fair to the
>author sub-class whose interests will be
>affected by the settlement. This letter argues
>that the settlement is not equally fair to all
>members of the author sub-class and does not
>fully address the needs of academic authors.
>However, with clarifications requested in our
>letter, some supplementary provisions to address
>our concerns, and other amendments, we believe
>it would be fair enough to academic authors to
>be approved."
>------------------------------------------------------------------------------------------------------------
>
>Flickr Censors Political Image Critical of President Obama
>By Thomas Hawk, Thomas Hawk's Digital Collection, August 18, 2009
><http://tinyurl.com/ng3yuq>http://tinyurl.com/ng3yuq
>
>"Flickr had removed the Joker image due to
>copyright-infringement concerns, Alkhateeb says
>the company told him in an e-mail. The photo
>recently began turning up in Los Angeles with
>the word "socialism"
>printed underneath it in similar style to the
>famous Shepard Fairey Obama HOPE poster and
>since then has been the subject of considerable
>debate and online interest."
>------------------------------------------------------------------------------------------------------------
>
>US Software Pirate Fined $210K for Auction Sales
>By John Leyden, The Register, August 18, 2009.
><http://www.theregister.co.uk/2009/08/18/software_pirate_fine/>http://www.theregister.co.uk/2009/08/18/software_pirate_fine/
>
>"A US man has been fined $210,000 for selling
>illegal copies of software through internet
>auction sites."
>------------------------------------------------------------------------------------------------------------
>
>China Jails Four for "Tomato Garden" Microsoft Piracy
>By Chris Buckley, Reuters, August 20, 2009
><http://tinyurl.com/mhf2b8>http://tinyurl.com/mhf2b8
>
>"A Chinese court has jailed four people for
>spreading their bootleg "Tomato Garden" version
>of Microsoft's Windows XP program, in what the
>Xinhua news agency called the nation's biggest
>software piracy case."
>------------------------------------------------------------------------------------------------------------
>
>Yahoo Wins U.S. Court Ruling Over Webcasting Fees
>By Jonathan Stempel, Reuters, Reuters, August 21, 2009
><http://tinyurl.com/lxhvmo>http://tinyurl.com/lxhvmo
>
>"A federal appeals court in New York ruled that
>a Yahoo Inc Internet radio service is not
>required to pay fees to copyright holders of
>songs it plays, a defeat for Sony Corp's BMG
>Music."
>------------------------------------------------------------------------------------------------------------
>
>Could Evidence-Based Copyright Law Ever Be Put in Place?
>Mike Masnick, Techdirt, August 21, 2009
><http://www.techdirt.com/articles/20090820/0327475945.shtml>http://www.techdirt.com/articles/20090820/0327475945.shtml
>
>"Recently, we were discussing how copyright law
>seems to only get worse and worse, and it got me
>thinking how likely it is that "better"
>copyright laws could ever be put in place.
>Michael Geist recently put up a post on how to
>design copyright law that would last,
>emphasizing "balance" as being essential for
>durability."
>------------------------------------------------------------------------------------------------------------
>
>Get Creative with 'Sita' Source Files
>By Jenni Miller, Cinematical, August 23, 2009
><http://tinyurl.com/nvezl8>http://tinyurl.com/nvezl8
>
>"When faced with copyright lemons, Sita Sings
>the Blues creator Nina Paley made some delicious
>lemonade. Since Sita uses songs in the film by
>Annette Hanshaw that are copyrighted, and as an
>indie filmmaker she can't afford to purchase the
>rights to them, her hands were tied when it came
>to distribution. So she came up with a plan that
>worked with (and around) the copyright issues so
>the movie's admirers could see the lovely film
>for themselves."
>------------------------------------------------------------------------------------------------------------
>
>Anger at UK file-sharing policy
>BBC, August 25, 2009
><http://news.bbc.co.uk/2/hi/technology/8219652.stm>http://news.bbc.co.uk/2/hi/technology/8219652.stm
>
>"Internet service providers (ISPs) have reacted
>with anger to new proposals on how to tackle
>internet piracy. The government is proposing a
>tougher stance which would include cutting off
>repeat offenders from the net.
>UK ISP Talk said the recommendations were likely
>to "breach fundamental rights" and would not
>work. Virgin said that "persuasion not coercion"
>was key in the fight to crack down on the
>estimated six million file-sharers in the UK."
>------------------------------------------------------------------------------------------------------------
>
>Dutch Court: Web Site Must Remove Copyright Works
>The Associated Press, The New York Times, August 26, 2009
><ttp://www.nytimes.com/aponline/2009/08/26/world/AP-EU-Netherlands-Mininova.html>http://www.nytimes.com/aponline/2009/08/26/world/AP-EU-Netherlands-Mininova.html
>
>"A civil court on Wednesday ordered Dutch Web
>site Mininova to remove within three months all
>files on its servers that point to copyrighted
>works or face a fine of up to euro5 million
>($7.16 million). Mininova rivals Sweden's The
>Pirate Bay as the largest index of BitTorrent
>files, software that can be used to trade
>movies, music and computer games."
>------------------------------------------------------------------------------------------------------------
>
>Facebook Exodus
>By Virginia Heffernan, The New York Times, August 26, 2009
><http://www.nytimes.com/2009/08/30/magazine/30FOB-medium-t.html>http://www.nytimes.com/2009/08/30/magazine/30FOB-medium-t.html
>
>"Things fall apart; the center cannot hold.
>Facebook, the online social grid, could not
>command loyalty foreverŠIt was suddenly clear
>that Facebook was not just a social club but
>also an expanding force on the Web, beholden to
>corporate interestsŠ."
>------------------------------------------------------------------------------------------------------------
>
>Europe Seeks to Ease Rules for Putting Books Online
>By James Kanter, The New York Times, August 27, 2009
>
><http://www.nytimes.com/2009/08/28/technology/internet/28books.html>http://www.nytimes.com/2009/08/28/technology/internet/28books.html
>
>"The European Commission on Friday will propose
>drafting rules that would make it easier to put
>many books and manuscripts online. The move is a
>part of the commission's effort to bolster
>access to information and to encourage online
>businesses. The changes would be aimed at
>allowing Internet users to access out-of-print
>works and so-called orphan works for which it is
>impossible or very difficult to trace the rights
>holders, said Viviane Reding, the European Union
>commissioner who oversees the Internet."
>
>
--
Diane M. Zorich
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