Archive for the 'Digital Copyright Wars' Category

"Reevaluating the DMCA 22 Years Later: Let’s Think of the Users"

Posted in Copyright, Digital Copyright Wars on February 18th, 2020

https://www.eff.org/deeplinks/2020/02/reevaluating-dmca-22-years-later-lets-think-users

Lawsuit by 53 Music Companies: "Cox Asks Court to Overturn or Lower ‘Shockingly Excessive’ $1 Billion Piracy Verdict"

Posted in Copyright, Digital Copyright Wars on February 4th, 2020

https://torrentfreak.com/cox-asks-court-to-overturn-or-lower-shockingly-excessive-1-billion-piracy-verdict-200203/

EU + US Law (Paywall Chapter): "Copyright Liability for Hyperlinking"

Posted in Copyright, Digital Copyright Wars, Internet Regulation, Legislation and Government Regulation on February 3rd, 2020

https://www.elgaronline.com/view/edcoll/9781785368332/9781785368332.00018.xml

Nix to Article 13: "UK Won’t Implement EU’s Contentious Digital Copyright Law"

Posted in Copyright, Digital Copyright Wars on January 28th, 2020

https://www.engadget.com/2020/01/26/uk-will-not-implement-eu-copyright-directive/

"Germany Wants to Limit Memes and Mashups Derived from Press Publishers’ Material to 128-By-128 Pixels in Resolution, and Three Seconds in Length"

Posted in Copyright, Digital Copyright Wars, Internet Regulation, Legislation and Government Regulation on January 24th, 2020

https://www.techdirt.com/articles/20200117/07301943748/germany-wants-to-limit-memes-mashups-derived-press-publishers-material-to-128-by-128-pixels-resolution-three-seconds-length.shtml

"France, as Promised, Is First out of the Gate with Its Awful Copyright Directive Law: Ignores Requirements for User Protections"

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on December 11th, 2019

https://www.techdirt.com/articles/20191208/19151943526/france-as-promised-is-first-out-gate-with-awful-copyright-directive-law-ignores-requirements-user-protections.shtml

Paywall Book: EU Internet Law in the Digital Era

Posted in Copyright, Digital Copyright Wars on November 20th, 2019

https://link.springer.com/book/10.1007/978-3-030-25579-4

"Music Collection Org: Revenues Are Booming… And That’s Proof Why We Need Even More Draconian Copyright Laws"

Posted in Copyright, Digital Copyright Wars on November 19th, 2019

https://www.techdirt.com/articles/20191111/16211643366/music-collection-org-revenues-are-booming-thats-proof-why-we-need-even-more-draconian-copyright-laws.shtml

"Supreme Court Agrees to Review Disastrous Ruling on API Copyrights"

Posted in Copyright, Digital Copyright Wars on November 18th, 2019

https://arstechnica.com/tech-policy/2019/11/supreme-court-will-review-high-stakes-google-v-oracle-ruling/

"Rules on Copyright Infringement for Inline Linking Developing in the United States and Abroad"

Posted in Copyright, Digital Copyright Wars on November 13th, 2019

https://www.ipwatchdog.com/2019/11/12/rules-copyright-infringement-inline-linking-developing-united-states-abroad/id=115691/

CASE Act Passes House 410-6: The Case Act: Good Intentions but Bad Policy

Posted in Copyright, Digital Copyright Wars on November 5th, 2019

https://www.ipwatchdog.com/2019/11/04/case-act-good-intentions-bad-policy/id=115539/

"Google Refuses to Pay Publishers in France"

Posted in Copyright, Digital Copyright Wars, Google and Other Search Engines, Publishing on September 26th, 2019

https://www.politico.eu/article/licensing-agreements-with-press-publishers-france-google/

EFF CASE Act Action Alert: “Tell Congress: Don’t Let a Quasi-Court Bankrupt Internet Users”

Posted in Copyright, Digital Copyright Wars, Internet Regulation, Legislation and Government Regulation on September 20th, 2019

https://act.eff.org/action/tell-congress-don-t-let-a-quasi-court-bankrupt-internet-users

"’We Can Be Proud:’ France Becomes First Country to Adopt EU Copyright Reform"

Posted in Copyright, Digital Copyright Wars, Internet Regulation, Legislation and Government Regulation on August 29th, 2019

https://phys.org/news/2019-07-french-parliament-copyright-reform-eu.html

Paywall Article: "The Life Cycle of Copyright Law: A Push for Copyright Reform"

Posted in Copyright, Digital Copyright Wars on August 28th, 2019

https://heinonline.org/HOL/LandingPage?handle=hein.journals/tuljtip21&div=8&id=&page=

"Book Publishers Sue Audible to Stop New Speech-To-Text Feature"

Posted in Copyright, Digital Copyright Wars, Publishing on August 26th, 2019

https://arstechnica.com/tech-policy/2019/08/book-publishers-sue-audible-to-stop-new-speech-to-text-feature/

"Internet Archive Faces Permanent ISP Blocking Following Audiobook Lawsuits"

Posted in Copyright, Digital Copyright Wars on August 26th, 2019

https://torrentfreak.com/internet-archive-faces-permanent-isp-blocking-following-audiobook-lawsuits-190823/

"Can States Copyright Annotations to Their Own Laws?"

Posted in Copyright, Digital Copyright Wars, Public Domain on August 22nd, 2019

https://www.usnews.com/news/best-states/articles/2019-08-22/can-states-copyright-annotations-to-their-own-laws

Sci-Hub: " Linking Liability "

Posted in Copyright, Digital Copyright Wars, Linking, Linked Data, and Semantic Web, Publishing, Scholarly Journals on August 19th, 2019

https://www.insidehighered.com/news/2019/08/16/legal-questions-raised-over-links-sci-hub

Papers by James Boyle, Cory Doctorow, Pamela Samuelson, Jessica Litman, and Others: The Past and Future of The Internet: A Symposium for John Perry Barlow

Posted in Copyright, Digital Copyright Wars, Digital Culture, Internet Regulation on August 19th, 2019

The Duke Law & Technology Review has published a special issue: The Past and Future of The Internet: A Symposium for John Perry Barlow (entire issue file).

Here's an excerpt from the introduction by James Boyle:

John Perry Barlow passed away on Feb 7th, 2018. John Perry's name is generally followed by a long list of qualities: poet, lyricist, rancher, civil libertarian, co-founder of the Electronic Frontier Foundation, teller-of-stories, organizer of parties, bringer of light. Good friend. Certainly he was all of these. The picture above gives you some sense of his personality. But he was also the author of two influential essays in the very early days of the World Wide Web—A Declaration of the Independence of Cyberspace and Selling Wine Without Bottles: The Economy of Mind on the Global Net. . . .

Rather than offer a simple Festschrift for Barlow, this symposium uses those two essays as the jumping off point for a reflection on the current state of the digital world.

Research Data Curation Bibliography, Version 10 | Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Paywall Article: "On the Limitations of Recent Lawsuits against Sci?Hub, OMICS, ResearchGate, and Georgia State University&quot

Posted in Copyright, Digital Copyright Wars, E-Reserves, Open Access, Publishing, Scholarly Journals, Self-Archiving on August 13th, 2019

https://doi.org/10.1002/leap.1254

Passed without Hearings: "Senate Judiciary Committee Passes CASE Act Legislation Streamlining Copyright Disputes"

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on July 22nd, 2019

https://www.billboard.com/articles/business/8520774/case-act-senate-judiciary-committee-approves-copyright-disputes

"The CASE Act: The Road to Copyright Trolling is Paved with Good Intentions"

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on July 19th, 2019

Stan Adams has published "The CASE Act: The Road to Copyright Trolling is Paved with Good Intentions " in the Center for Democracy & Technology Blog.

Here's an excerpt:

The bill would establish a Copyright Claims Board (CCB) in the Copyright Office. This would not be a court and would be entirely separated from the court system. The only option to appeal any of the CCB's determinations, based on the CCB's legal interpretation, would be to ask the Register of Copyrights to review the decision. It would be theoretically possible to ask a federal court to review the determination, but only on the grounds that the CCB's determination was "issued as a result of fraud, corruption, misrepresentation, or other misconduct" or if the CCB exceeded its authority. So if you disagree with the CCB's legal interpretation, or even its competence to make a decision, you are out of luck. This raises red flags about potential due process and separation of powers problems under the Constitution.

The "small claims" part of the bill is also troubling, in that the CCB can award damages up to $30,000 per proceeding. This amount is only considered small in the context of copyright statutory damages, which range between $750-30,000 per work infringed, unless the infringement was willful, in which case, damages can be $150,000 per work. The $30K cap is a 2x-10x multiple of the maximum awards for small claims courts in 49 of 50 states. . . .

Even though the Supreme Court recently ruled that the registration process must be completed (either the Copyright Office granted or denied the application for registration) before filing infringement claims, registration is not required to bring an action under the CASE Act. This leaves everyone (other than the original author/photographer) with no guaranteed way to determine who holds the rights to unregistered works. Even if you identified someone as a potential rightsholder, it could be difficult or impossible to verify their claim of ownership without the official recognition by the Copyright Office. So even if you are acting in good faith and attempt to obtain permission before using a work, you may not be able to do so and there is no guarantee that you will have obtained permission from the correct party, leaving you exposed to claims via the CASE Act.

Research Data Curation Bibliography, Version 10 | Digital Curation and Digital Preservation Works | Open Access Works | Digital Scholarship | Digital Scholarship Sitemap

Medical Library Association Opposes the Copyright Alternative in Small-Claims Enforcement Act of 2019: "Take Action to Oppose the CASE Act of 2019"

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on July 17th, 2019

https://www.mlanet.org/p/cm/ld/fid=1122&&blogaid=2621

EFF Take Action: "Prevent Copyright Trolling: Tell the Senate That Copyright Claims Can’t Be Treated Like Traffic Tickets"

Posted in Copyright, Digital Copyright Wars, Legislation and Government Regulation on July 12th, 2019

https://act.eff.org/action/prevent-copyright-trolling-tell-the-senate-that-copyright-claims-can-t-be-treated-like-traffic-tickets


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