Archive for the 'Copyright' Category

Copy Belgium: Canadian Recording Industry Association Asks for Copyright Filtering of the Internet

Posted in Copyright, Digital Copyright Wars, Digital Culture, Net Neutrality on January 22nd, 2008

According to "Canadian Copyright Lobby Seeking Mandated ISP Filtering," the Canadian Recording Industry Association is asking the Canadian government to consider copyright filtering of the Internet.

Here's an excerpt:

[CRIA's] Henderson cites with approval several initiatives to move toward ISP filtering of content, pointing to a French report, comments from the UK that such legislation could be forthcoming, and the AT&T negotiations in the U.S. Later in the conversation, the group is asked what their dream legislation would look like. The first response? ISP liability, with the respondent pointing to Belgium as an example of an ideal model ("the file sharing issue will go away there as ISPs take down people"). Last summer, a Belgian court ordered an ISP to install filtering software to identify and block copyrighted content (the decision is currently being appealed).

If this reflects the current strategy—and there is reason to believe it does—it marks a dramatic change in the lobbying efforts. It suggests that not only are these groups seeking a Canadian DMCA, but they would like Industry Minister Jim Prentice to go even further by enacting constitutionally-dubious legislation requiring ISPs to identify and filter out content that is alleged to infringe copyright.

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    Presentations from eResearch Australasia 2007

    Posted in Copyright, Cyberinfrastructure/E-Science, Data Curation, Open Data, and Research Data Management, Digital Humanities, Digital Repositories, Institutional Repositories, Metadata on January 22nd, 2008

    Presentations from eResearch Australasia 2007 are now available.

    Here are selected presentations:

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      British MEP Asks European Parliament to Filter Internet, Remove/Block Infringing Content, and Terminate Connectivity of Infringers

      Posted in Copyright, Digital Copyright Wars, Net Neutrality on January 20th, 2008

      Chris Heaton-Harris, a British Member of European Parliament (MEP), has proposed an amendment to the draft Cultural industries in the Context of the Lisbon Strategy report that asks the EP to filter infringing content from the Internet, to remove or block infringing content, and to terminate the connectivity of infringers.

      Urges the Commission to oblige all those active in the sector to join forces and seek solutions equitable to all with the aim to develop the offer of legitimate online content and to make sure that all the involved stakeholders act responsibly. In the event that adequate solutions have not been found within a reasonable period of time that should not exceed 1 year, calls on the Commission and the Member States to adopt legislative measures obliging Internet service providers to cooperate in the fight against online piracy. This cooperation of Internet service providers should include the use of filtering technologies to prevent their networks being used to infringe intellectual property, the removal from the networks or the blocking of content that infringes intellectual property, and the enforcement of their contractual terms and conditions, which permit them to suspend or terminate their contracts with those subscribers who repeatedly or on a wide scale infringe intellectual property; draws Member States’ attention on this point to the fact that legislative measures which oblige Internet services providers to cooperate in the fight against online piracy would be more effective than the legal pursuit of users who infringe intellectual property;

      Read more about it at "Copyright Extensions and ISP Filtering: Breaking EU Culture, One Amendment at a Time" and "MEP Says Providers Should Cut the Line If Copyright Is Infringed."

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        Tim Wu vs. Rick Cotton on Copyright

        Posted in Copyright, Digital Copyright Wars, Digital Culture on January 18th, 2008

        The New York Times Bits blog running run an interesting debate this week between Tim Wu, Professor of Law at the Columbia Law School, and Rick Cotton, Executive Vice President and General Counsel, NBC Universal, about copyright issues.

        Postings so far include:

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          AAP Reaches Agreement with Three Universities about E-Reserves Guidelines

          Posted in Copyright, Digital Copyright Wars, E-Reserves, Licenses, Publishing, Scholarly Communication on January 17th, 2008

          The Association of American Publishers has announced it has reached agreement with Hofstra University, Marquette University, and Syracuse University about copyright guidelines for e-reserves.

          The guidelines are below:

          Here's an excerpt from the press release:

          The guidelines, which were developed separately by the three universities, govern how librarians and faculty members distribute copyrighted content through library electronic course reserves systems, course management systems, faculty and departmental web pages and other digital formats.

          AAP worked with each of the three universities in cooperative efforts to establish easily understood and common-sense standards that help faculty and staff understand and interpret their rights and responsibilities when using copyrighted content in educational settings. Each of the guidelines reflects the specific needs of the particular university and is consistent with the principles of fair use while providing helpful guidance as to when permission from the copyright holder is required to copy or post materials in digital formats. AAP believes the guidelines, which are similar to those adopted by Cornell University last year, will serve as models for others colleges and universities. . . .

          In the last two years AAP has initiated discussions with a number of universities after observing that unlicensed digital copies of course materials were gradually replacing the licensed physical copying of articles, book chapters and other copyrighted works. While it is well established that physical copying of materials for distribution to multiple students, often in compilations known as coursepacks, generally requires permission from the copyright holder, faculty and staff seem less aware that permission is similarly required for distribution of electronic copies of such copyrighted materials.

          Read more about it at "AAP Pressures Universities to Limit Fair Use" and "Despite Skeptics, Publishers Tout New 'Fair Use' Agreements With Universities" (Chronicle of Higher Education subscribers only).

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            The Future of Ideas Is Now Freely Available Under a Creative Commons License

            Posted in Copyright, Creative Commons/Open Licenses, Digital Copyright Wars on January 16th, 2008

            Lawrence Lessig has announced that The Future of Ideas is now under a Creative Commons Attribution-Noncommercial 3.0 United States License and that a PDF version of the book can be freely downloaded. All of Lessig's books are now under a Creative Commons license.

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              Israeli vs. Canadian Copyright Law

              Posted in Copyright, Digital Copyright Wars on January 15th, 2008

              A translation of the Israel's Copyright Act of 2007, which takes effect on May 25, 2008, is now available.

              Last December, Ariel Katz, Innovation Chair in Electronic Commerce, Faculty of Law, University of Toronto, wrote an interesting analysis of the Israeli law ("What Can Canada Learn from Israel about Copyright Reform?"), which contrasted it to Canadian copyright law. In summary, he said:

              Israel's new act has revealed its copyright priorities. Overall, Israel decided to increase the flexibility of its copyright law and make it more open and friendlier to users, educators and innovators. It decided to reduce the ways in which copyright law can work to restrict competition. For the time being, it decided not to enact anticircumvention rules that have the potential to work in the other direction. This choice is compatible with Israel's innovative and creative record. This choice is essential for a small economy whose citizens' brain is the only natural resource. Canada should seriously consider doing the same.

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                EFF Files Amicus Brief in Atlantic v. Howell: Atlantic Is Trying to Prosecute Attempted Infringement

                Posted in Copyright, Digital Copyright Wars, P2P File Sharing on January 15th, 2008

                An amicus brief filed by the EFF suggests that Atlantic is suing Pamela and Jeffrey Howell based on attempted, rather than actual, infringement and that there is no evidence of infringement other than hearsay evidence by Atlantic's hired investigator (MediaSentry).

                Here's en excerpt from the brief:

                Plaintiffs' investigator, MediaSentry, did not observe Defendant's disseminating any materials to third parties. Nor do Plaintiffs contend that MediaSentry invited Defendants to make any unauthorized reproductions. Nor have Plaintiffs established that MediaSentry's downloads constitute circumstantial evidence that the Howell's computer disseminated copies of the 11 songs in question to any other KaZaA user. In fact, Plaintiffs' own evidence makes this seem particularly unlikely. According to Plaintiffs' expert, during the period that MediaSentry performed its investigation, there were 2,282,954 KaZaA users online, sharing 292,532,420 files. . . . Even accepting Plaintiffs' hearsay testimony as true, these facts together suggest that it is highly unlikely that, among the millions of KaZaA users who are likely to be sharing them at any time, these 11 songs would have been downloaded from Defendants' computer. At any instant, KaZaA users are likely to have thousands of sources for these particular songs to choose from and no reason to choose the Defendants' computer over any other. And while Plaintiffs may be correct that, in the aggregate, KaZaA users engage in a prodigious amount of infringing activity, that general statement tells us nothing about the crucial issue in this case: whether these Defendants transmitted (i.e., uploaded) any of these 11 songs during the time period in question.

                Here's an excerpt from "EFF Files Brief in Atlantic v. Howell Resisting RIAA's 'Attempted Distribution' Theory":

                As in more than 20,000 other lawsuits, the recording industry claims that Mr. and Mrs. Howell committed copyright infringement by using P2P file sharing software (in this case, Kazaa). But rather than going to the trouble of proving that the Howells made any infringing copies (by ripping CDs or downloading songs) or any infringing distributions (by uploading to other Kazaa users), the record labels argue that simply having a song in a shared folder, even if no one ever downloaded it from you (i.e., "making available"), infringes the distribution right. This essentially amounts to suing someone for attempted distribution, something the Copyright Act has never recognized (although the DoJ unsuccessfully tried to get something like that from Congress last year).

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                  Swedish MPs Want to Legalize Noncommercial File Sharing

                  Posted in Copyright, Digital Copyright Wars, P2P File Sharing on January 14th, 2008

                  Seven Swedish MPs have written an article calling for Sweden to legalize noncommercial file sharing.

                  Decriminalizing all non-commercial file sharing and forcing the market to adapt is not just the best solution. It’s the only solution, unless we want an ever more extensive control of what citizens do on the Internet. Politicians who play for the antipiracy team should be aware that they have allied themselves with a special interest that is never satisfied and that will always demand that we take additional steps toward the ultimate control state. . . .

                  The simple truth is that almost all communication channels on the Internet can be used to distribute copyrighted information. If you can use a service to send a message you can most likely use the same service to send an mp3-song. Those who want to prevent people from exchanging of copyrighted material must control all electronic communication between citizens.

                  Read more about it at "Political Breakthrough for Filesharers in Sweden" and "Swedish Politicians Strike Blows at Copyright Lobby."

                  Source: "Legalize File Sharing, Say Swedish MPs."

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                    Podcasts from the CNI Fall 2007 Task Force Meeting

                    Posted in Copyright, Digital Copyright Wars, Open Source Software, Publishing, Scholarly Communication, Virtual Worlds on January 14th, 2008

                    Podcasts are now available from CNI's Fall 2007 Task Force Meeting. Here's a selection:

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                      NIH Public Access Policy Implementation

                      Posted in Author Rights, Copyright, Open Access, Publishing, Scholarly Journals on January 12th, 2008

                      On an updated Web page and a FAQ, the National Institutes of Health (NIH) has explained its implementation of the Public Access Policy required by Division G, Title II, Section 218 of PL 110-161 (Consolidated Appropriations Act, 2008).

                      Here's an excerpt from the NIH Public Access Policy Web page:

                      How to Comply

                      Address Copyright

                      Make sure that any copyright transfer or other publication agreements allow the article to be submitted to NIH in accordance with the Policy.

                      Submit Article

                      Authors may submit an article to the journal of their choice for publication.

                      1. If you choose to publish your article in certain journals, you need do nothing further to comply with the submission requirement of the Policy. See http://publicaccess.nih.gov/submit_process_journals.htm for a list of these journals.
                      2. For any journal other than one of those in this list, the author must:

                        a. Inform the journal that the article is subject to the Public Access Policy when submitting it for publication.

                        b. Make sure that any copyright transfer or other publication agreement allows the article to be submitted to NIH in accordance with the Policy. For more information, see the FAQ Whose approval do I need to submit my article to PubMed Central? and consult with your Institution.

                        c. Submit the article to NIH, upon acceptance for publication. See the Submission Process for more information.

                      Cite Article

                      When citing their NIH-funded articles in NIH applications, proposals or progress reports, authors must include the PubMed Central reference number for each article.

                      Important Dates

                      • April 7, 2008 As of April 7, 2008, all articles arising from NIH funds must be submitted to PubMed Central upon acceptance for publication.
                      • May 25, 2008 As of May 25, 2008, NIH applications, proposals, and progress reports must include the PubMed Central reference number when citing an article that falls under the policy and is authored or co-authored by the investigator, or arose from the investigator’s NIH award. This policy includes applications submitted to the NIH for the May 25, 2008 due date and subsequent due dates.

                      Peter Suber has made some helpful comments about the policy implementation in "New FAQ for New NIH Policy" and "Text of the NIH OA Policy."

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                        AT&T, Microsoft, and NBC: It's Time to Filter the Internet

                        Posted in Copyright, Digital Copyright Wars, Net Neutrality on January 10th, 2008

                        In "AT&T and Other ISPs May Be Getting Ready to Filter," The New York Times reports that AT&T, Microsoft, and NBC are lining up in support of filtering the Internet to cope with digital copyright infringement problems.

                        On December 31, 2007, the Australian Telecommunications Minister announced that there would be mandatory Internet filtering for "inappropriate" material, and a posting about that decision, "Australian Filtering Announcement Raises Questions and Ire," provides a good overview of national-level filtering issues.

                        Read more about it at "Is AT&T Siding With NBC To Get Rid Of Neutrality?"

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