Archive for the 'Digital Copyright Wars' Category

"What Kind of World Is STM Living In?

Posted in Copyright, Digital Copyright Wars, Open Access, Publishing, Research Libraries, Scholarly Journals on September 20th, 2016

The League of European Research Universities has released What Kind of World Is STM Living In.

Here's an excerpt:

4 September saw the International Association of STM publishers (STM) issue a response to the EC's proposed Directive on Copyright in the Digital Single Market, which flies in the face of LERU's views contained in its own Press Release. Amongst other things, STM is calling for the extension of ancillary copyright to cover academic publishing, implying that they will take legal action if this does not happen. . . . Ancillary copyright in this case would extend copyright protection, not allowing academics and universities freely to link to/use the world of information on the Internet, placing publishers in control of the information environment. LERU rejects this as counter to academic freedom and to the EC's vison for Open Science.

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"State of the Union 2016: Commission Proposes Modern EU Copyright Rules for European Culture to Flourish and Circulate"

Posted in Copyright, Digital Copyright Wars on September 15th, 2016

The European Commission has released "State of the Union 2016: Commission Proposes Modern EU Copyright Rules for European Culture to Flourish and Circulate."

Here's an excerpt:

"I want journalists, publishers and authors to be paid fairly for their work, whether it is made in studios or living rooms, whether it is disseminated offline or online, whether it is published via a copying machine or commercially hyperlinked on the web."—President Juncker, State of the Union 2016

Read more about it at: "EU Announces Absolutely Ridiculous Copyright Proposal That Will Chill Innovation, Harm Creativity"; "EU Digital Copyright Reform Proposals Slammed as Regressive"; and "EU Copyright Plans a Big Win for Old Media, But Public Concerns Ignored."

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"Library of Congress Might Become a Piracy Hub, RIAA Warns"

Posted in Copyright, Digital Copyright Wars on August 30th, 2016

Ernesto Van der Sar has published "Library of Congress Might Become a Piracy Hub, RIAA Warns" in TorrentFreak.

Here's an excerpt:

The U.S. Copyright Office is considering expanding the mandatory deposit requirement for publishers, so that record labels would also have to submit their online-only music to the Library of Congress. The Library would then allow the public to access the music. The RIAA, however, warns that this plan introduces some serious piracy concerns.

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"Publishers Appeal GSU Copyright Case"

Posted in Copyright, Digital Copyright Wars, E-Reserves, Publishing, Research Libraries, Scholarly Journals on August 30th, 2016

Andrew Albanese has published "Publishers Appeal GSU Copyright Case" in Publishers Weekly.

Here's an excerpt:

Following their second district court loss in eight years of litigation, the publisher plaintiffs in Cambridge University Press vs. Patton (known commonly as the GSU e-reserves case) have again appealed the case.

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"European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers"

Posted in Copyright, Digital Copyright Wars on August 29th, 2016

The EFF has released "European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers" by Jeremy Malcolm.

Here's an excerpt:

A just-leaked draft impact assessment on the modernization of European copyright rules could spell the end for many online services in Europe as we know them. The document's recommendations foreshadow new a EU Directive on copyright to be introduced later this year, that will ultimately bind each of the European Union's 28 member states. If these recommendations by the European Commission are put in place, Europe's Internet will never be the same, and these impacts are likely to reverberate around the world. . . .

The Commission's proposal is to award publishers a new copyright-like veto power, layered on top of the copyright that already exists in the published content, allowing them to prevent the online reuse of news content even when a copyright exception applies. This veto power may last for as little as one year, or as many as 50—the Commission leaves this open for now.

This kind of veto power has been described as a link tax—notwithstanding the Commission's protestations that it isn't one-because when the publisher controls even the use of small snippets of news text surrounding a hyperlink to the original article, it essentially amounts to a tax on that link. The result, as seen in Spain, will be the closure of online news portals, and a reduction in traffic to news publishers.

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"The Economics of Book Digitization and the Google Books Litigation"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Mass Digitizaton on June 14th, 2016

Hannibal Travis has self-archived "The Economics of Book Digitization and the Google Books Litigation."

Here's an excerpt from the announcement:

This piece explores the digitization and uploading to the Internet of full-text books, book previews in the form of chapters or snippets, and databases that index the contents of book collections. Along the way, it will describe the economics of copyright, the "digital dilemma," and controversies surrounding fair use arguments in the digital environment. It illustrates the deadweight losses from restricting digital libraries, book previews, copyright litigation settlements, and dual-use technologies that enable infringement but also fair use.

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"After Copyright Win, GSU Seeks $3.3 Million from Publishers "

Posted in Copyright, Digital Copyright Wars, Research Libraries on May 3rd, 2016

Andrew Albanese has published "After Copyright Win, GSU Seeks $3.3 Million from Publishers" in Publishers Weekly.

Here's an excerpt:

After winning a key copyright decision, attorneys for Georgia State University want the publishers who brought the suit to pay more than $3.3 million dollars in fees and costs.

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"Policy: Google Books: The Final Chapter?"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Publishing on April 29th, 2016

Walt Crawford has published "Policy: Google Books: The Final Chapter?" in Cites & Insights: Crawford at Large.

Here's an excerpt:

On Monday, April 18, 2016, the U.S. Supreme Court declined to hear the Authors Guild appeal of a district court decision finding, once again, that Google Books Search is fair use. . . .

That should be the final chapter in this decade-long epic case, and maybe I should stop right here.

But let's look at a couple of the early commentaries after the denial (two of many), then go back for the usual chronological citations and notes on items since the last coverage of this legal marathon. The question mark in the essay's title? Well, the Authors Litigation Guild (the middle word isn't part of the name, but maybe it should be) seems as incapable of admitting defeat as it apparently is of recognizing that it only represents the interests of a few hundred or few thousand writers. And, of course, there's the enticing if unlikely counter possibility: what if Google asked to recover its legal costs, which must surely be in the millions of dollars?

See also: “Google Case Ends, but Copyright Fight Goes On.”

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Developments in the Authors Guild v. Google and Cambridge University Press v. Patton (GSU E-Reserves) Cases

Posted in Copyright, Digital Copyright Wars on April 19th, 2016

The Supreme Court has declined to hear an appeal of the Authors Guild v. Google case, leaving in place the 2015 ruling by the United States Court of Appeals 2nd Circuit in favor of Google.

See: "Supreme Court Rejects Google Books Appeal."

Judge Orinda Evans has issued a remand decision in the Cambridge University Press v. Patton case that significantly reduces the number counts that the plaintiffs prevailed on.

See: "Publishers' Loss in GSU Copyright Case Just Got a Little Worse."

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"A Spiritual Successor to Aaron Swartz Is Angering Publishers All Over Again"

Posted in Copyright, Digital Copyright Wars, Open Access, Publishing on April 7th, 2016

David Kravets has published "A Spiritual Successor to Aaron Swartz Is Angering Publishers All Over Again" in Ars Technica.

Here's an excerpt:

Meet Alexandra Elbakyan, the developer of Sci-Hub, a Pirate Bay-like site for the science nerd. It's a portal that offers free and searchable access "to most publishers, especially well-known ones."

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Cambridge Press v. Georgia State University: "Here We Go Again: Latest GSU Ruling an Odd Victory for Libraries"

Posted in Copyright, Digital Copyright Wars, Publishing, Research Libraries, Scholarly Journals on April 6th, 2016

Kevin Smith has published "Here We Go Again: Latest GSU Ruling an Odd Victory for Libraries" in Scholarly Communications @ Duke.

Here's an excerpt:

So this ruling, like each ruling in the case, is clearly a disaster for the plaintiff publishers. Once again it establishes that there is significant space for fair use in higher education, even when that use is not transformative. Nevertheless, it is a difficult victory for libraries, in the sense that the analysis it uses is not one we can replicate; we simply do not have access to the extensive data about revenue, of which Judge Evans makes such complex use.

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"Digital Piracy Debunked: A Short Note on Digital Threats and Intermediary Liability"

Posted in Copyright, Digital Copyright Wars on March 29th, 2016

The Center for Internet and Society has released "Digital Piracy Debunked: A Short Note on Digital Threats and Intermediary Liability."

Here's an excerpt:

This short paper shows that the "digital threat" discourse is based on shaky grounds. Two related arguments might run against this approach. First, market conditions might incentivise piracy. Additionally, there are raising doubts over the argument that piracy is a threat to creativity, especially in the digital environment.

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