Archive for the 'Digital Copyright Wars' Category

Irish ISP Eircom to Enact Three-Strikes Illegal File Sharing Policy

Posted in Copyright, Digital Copyright Wars, P2P File Sharing on July 27th, 2009

Under pressure from the Irish Recorded Music Association, a large Irish ISP, Eircom, will put in place a three-strikes policy in August against alleged copyright offenders: first strike, a warning; second strike, Internet service will be "throttled," and, third strike, Internet service will be disconnected.

Read more about it at "Ireland's Largest ISP to Start 'Throttling' Illegal Downloaders," "Ireland’s Largest ISP Starts Throttling and Disconnections," "Recording Industry Sues More Irish ISPs for Not Implementing 3 Strikes."

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    Forcing the Net Through a Sieve: Why Copyright Filtering is Not a Viable Solution for U.S. ISPs

    Posted in Copyright, Digital Copyright Wars on July 26th, 2009

    Public Knowledge has released Forcing the Net Through a Sieve: Why Copyright Filtering is Not a Viable Solution for U.S. ISPs.

    Here's an excerpt:

    Copyright filtering, the latest proposed "magic bullet" solution from the major music and movie studios and industry trade groups, poses a number of dangers to Internet users, legitimate businesses and U.S. federal government initiatives to increase the speed, affordability and utilization of broadband Internet services. The following whitepaper presents a number of reasons why the use of copyright filters should not be allowed, encouraged or mandated on U.S. Internet Service Provider (ISP) networks. Among them:

    1. Copyright filters are both underinclusive and overinclusive. A copyright filter will fail to identify all unlawful or unwanted content while harming lawful uses of content.

    2. Copyright filter processing will add latency. Copyright filters will slow ISP networks, discouraging use, innovation and investment and harming users, businesses and technology policy initiatives.

    3. The implementation of copyright filters will result in a technological arms race. Users will act to circumvent the filters and the architects of the filters will find themselves caught in a costly, unwinnable arms race.

    4. Copyright filters do not make economic sense. The monetary costs associated with copyright filtering far outweigh any perceived benefits.

    5. Copyright filters will discourage investment in the Internet economy. Copyright filters will disrupt the Internet ecosystem, severely undermining our most promising engine for economic growth.

    6. Copyright filters will harm free speech. Due to technological limitations, copyright filters will harm lawful, protected forms of speech such as parody and satire.

    7. Copyright filters could undermine the safe harbor provisions that shield ISPs from liability. Under the Digital Millennium Copyright Act (DMCA), ISPs are shielded from liability for their users’ actions. Copyright filters could undermine these safe harbors, which have allowed the Internet to become the most important communications medium of the modern era.

    8. Copyright filtering could violate the Electronic Communications and Privacy Act. Copyright filtering could constitute unlawful interception under the Electronic Communications and Privacy Act (ECPA).

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      John Wiley & Sons to Use Attributor Anti-Piracy Service

      Posted in Copyright, Digital Copyright Wars, Publishing on July 22nd, 2009

      John Wiley & Sons will use Attributor's anti-piracy service to track illegal use of its digital publications.

      Here's an excerpt from the press release:

      Attributor announced today that global publisher John Wiley & Sons, Inc . . . has selected its anti-piracy service as a tool to identify unlawful use of its books, e-Books, and other content online and prevent use of the infringed copies. Attributor's technology monitors more than 35 billion pages, including hosting sites and link farms, quickly identifying unauthorized copies and taking action to remove them.

      "When Wiley content appears, without permission, on Web sites where users share the content free of charge or sell it without authorization, authors are cheated of their rightful compensation for their work. This affects us all, since the loss of compensation is a disincentive to authors' creativity and innovation," said Roy Kaufman, Legal Director, Wiley-Blackwell. "Wiley's agreement with Attributor will greatly enhance our ongoing pursuit of anyone who willfully infringe upon our intellectual property and will enable us to cost-effectively scale our anti-piracy efforts across the Web."

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        Oxford University Press Backs Google Book Search Settlement

        Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on July 2nd, 2009

        In "Saving Texts From Oblivion: Oxford U. Press on the Google Book Settlement," Tim Barton, President of Oxford University Press, discusses the Google Book Search Settlement Agreement.

        In conclusion. he states:

        So we at Oxford University Press support the settlement, even as we recognize its imperfections and want it made better. As Voltaire said, "Le mieux est l'ennemi du bien," the perfect is the enemy of the good. Let us not waste an opportunity to create so much good. Let us work together to solve the imperfections of the settlement. Let us work together to give students, scholars, and readers access to the written wisdom of previous generations. Let us keep those minds alive.

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          Copyright and E-Reserves: Update on Cambridge University Press et al. v. Georgia State University

          Posted in Copyright, Digital Copyright Wars, E-Reserves on July 2nd, 2009

          In "Interesting Development in Georgia State Case," Kevin Smith provides an update on Cambridge University Press et al. v. Georgia State University, an important case about copyright and electronic reserves in libraries.

          Here's an excerpt:

          Earlier this year, the Georgia Regents adopted a new copyright policy after a select committee reviewed and entirely rewrote the older one. The new policy is shorter, more easily comprehended and more pragmatic. . . .

          After this new policy was adopted, attorneys for GSU filed a motion for a "protective order" which would state that only information about electronic course content going forward, under the new policy, could be "discovered" by the plaintiffs. GSU argued that since they were a state institution, and therefore entitled to immunity from damages, the plaintiffs could only get prospective relief (an injunction) and therefore should be limited to information about practices related to the policy under which GSU would go forward. After some legal maneuvering, the Judge granted this request last week.

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            Google Book Search Bibliography, Version 4

            Posted in Bibliographies, Copyright, Digital Copyright Wars, Digital Scholarship Publications, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on June 28th, 2009

            Version 4 of the Google Book Search Bibliography is now available from Digital Scholarship.

            This bibliography presents selected English-language articles and other works that are useful in understanding Google Book Search. It primarily focuses on the evolution of Google Book Search and the legal, library, and social issues associated with it. Where possible, links are provided to works that are freely available on the Internet, including e-prints in disciplinary archives and institutional repositories. Note that e-prints and published articles may not be identical.

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              “File-Sharing and Copyright”

              Posted in Copyright, Digital Copyright Wars on June 21st, 2009

              Felix Oberholzer-Gee and Koleman Strumpf of the Harvard Business School have released "File-Sharing and Copyright" as a working paper.

              Here's an excerpt:

              As our survey indicates, the empirical evidence on sales displacement is mixed. While some studies find evidence of a substitution effect, other findings, in particular the papers using actual file-sharing data, suggest that piracy and music sales are largely unrelated. In contrast, there is clear evidence that income from complements has risen in recent years. For example, concert sales have increased more than music sales have fallen. Similarly, a fraction of consumer electronics purchases and internet-related expenditures are due to file sharing. Unfortunately, we know little about the distribution of these impacts. How markets for complimentary goods have responded to file sharing remains an area of inquiry that is largely unexplored in academic research.

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                French Constitutional Council on Création et Internet Law: Three Strikes and You’re Not Out

                Posted in Copyright, Digital Copyright Wars on June 10th, 2009

                On the basis that “every man is presumed innocent until he has been proven guilty,” the French Constitutional Council has rejected the provision in the Création et Internet law that would have allowed the HADOPI to disconnect alleged copyright infringers from the Internet.

                Read more about it at “France Suspends Three Strikes“; “French Court Defangs Plan to Crack Down on Internet Piracy“; "French Court Savages ‘Three-Strikes’ Law, Tosses It Out."

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