jm + copyright   75

CJEU in #Svensson says that in general it is OK to hyperlink to protected works without permission
IPKat says 'this morning the Court of Justice of the European Union issued its keenly awaited decision in Case C-466/12 Svensson [...]: The owner of a website may, without the authorisation of the copyright holders, redirect internet users, via hyperlinks, to protected works available on a freely accessible basis on another site. This is so even if the internet users who click on the link have the impression that the work is appearing on the site that contains the link.'

This is potentially big news. Not so much for the torrent-site scenario, but for the NNI/NLI linking-to-newspaper-stories scenario.
ip  svensson  cjeu  eu  law  linking  hyperlinks  pirate-bay  internet  web  links  http  copyright 
february 2014 by jm
Internet Censors Came For TorrentFreak & Now I’m Really Mad
TF are not happy about Sky blocking their blog.
There can be little doubt that little by little, piece by piece, big corporations and governments are taking chunks out of the free Internet. Today they pretend that the control is in the hands of the people, but along the way they are prepared to mislead and misdirect, even when their errors are pointed out to them. I’m calling on Sky, Symantec, McAfee and other ISPs about to employ filtering to categorize this site correctly as a news site or blog and to please start listening to people’s legitimate complaints about other innocent sites. It serves nobody’s interests to wrongfully block legitimate information.
censorship  isps  uk  sky  torrentfreak  piracy  copyright  filtering  blocking  symantec  filesharing 
january 2014 by jm
Irish Internet Providers Roll Out KickassTorrents Blockade
The lucrative whack-a-mole business continues -- mostly in response to High Court actions, although Eircom are just helping out. I bet a google for "kickass proxy" doesn't return anything useful at all, of course....
kat  kickasstorrents  bittorrent  piracy  copyright  high-court  ireland  eircom  filtering  blocking 
january 2014 by jm
Creative Commons event in Dublin this Friday
'Maximising Digital Creativity, Sharing and Innovation', Event organised by Creative Commons Ireland and Faculty of Law, University College Cork, Lecture Theatre, National Gallery of Ireland, Clare Street entrance, Dublin 2, Friday 17 January 2014, 9.45 a.m. to 1 p.m. (via Darius Whelan)
creative-commons  ireland  dublin  events  talks  law  copyright 
january 2014 by jm
URGENT: Input needed on EU copyright consultation - Boing Boing
The EC is looking for feedback -- but not much, and pretty sharpish.
Go to www.copywrongs.eu and answer the questions which are important to you. You do not have to answer all the questions, only the ones that matter to you. [...] The deadline is 5 February 2014. Until then, we should provide the European Commission with as many responses as possible!
ec  eu  copyright  law  europe  boing-boing  reform 
january 2014 by jm
Same Old Stories From Sean Sherlock
Sherlock’s record is spotty at best when it comes to engagement. Setting aside the 80,680 people who were ignored by the minister, he was hostile and counter productive to debate from the beginning, going so far as to threaten to pull out of a public debate because a campaigner against the ['Irish SOPA'] SI would be in attendance. His habit of blocking people online who publicly ask him tough yet legitimate questions has earned him the nickname “Sherblock”.
sean-sherlock  sherblock  labour  ireland  politics  blocking  filtering  internet  freedom  copyright  emi  music  law  piracy  debate  twitter 
december 2013 by jm
Removing DRM Boosts Music Sales by 10%
Based on a working paper from University of Toronto researcher Laurina Zhang
Comparing album sales of four major labels before and after the removal of DRM reveals that digital music revenue increases by 10% when restrictions are removed. The effect goes up to 30% for long tail content, while top-selling albums show no significant jump. The findings suggest that dropping technical restrictions can benefit both artists and the major labels.


more details: http://inside.rotman.utoronto.ca/laurinazhang/files/2013/11/laurina_zhang_jmp_nov4.pdf , "Intellectual Property Strategy and the Long Tail: Evidence from the Recorded Music Industry", Laurina Zhang, November 4, 2013
ip  copyright  drm  mp3  music  laurina-zhang  research  long-tail  albums  rights-management  piracy 
december 2013 by jm
Photographer wins $1.2 million from companies that took pictures off Twitter | Reuters
The jury found that Agence France-Presse and Getty Images willfully violated the Copyright Act when they used photos Daniel Morel took in his native Haiti after the 2010 earthquake that killed more than 250,000 people, Morel's lawyer, Joseph Baio, said
copyright  twitter  facebook  social-media  via:niall-harbison  law  getty-images  afp  daniel-morel  haiti  photography 
november 2013 by jm
Tintin And The Copyright Sharks - Falkvinge on Infopolicy
A rather sordid tale of IP acquisition and exploitation, from the sounds of it
tintin  moulinsart  belgium  history  herge  ip  copyright  royalties  rick-falkvinge 
november 2013 by jm
Alan Toner on the CRC report
tl;dr: 'a lot to like'.

The grand design and originality thus of ‘Modernising Copyright’ thus is the injection of targeted flexibility into the legal framework – this is no mere echo of the Hargreaves Report in the UK, which backed away from Fair Use out of fear at the uncertainty it would necessarily entail. If the Report’s authors have their way,  contested uses in Ireland will first be examined to see if they fit the exceptions spelled out in the EUCD, or checked against the innovation exception if they are derivative works/adaptations. Only if they have fallen at those two fences, will the fair use test be their last chance saloon.
alan-toner  copyright  reform  crc  ireland  fair-use 
november 2013 by jm
Link without fear – Copyright in Ireland in a Digital Age
The Copyright Review Committee report has been published. Headline recommendations:

Ensure the right of free speech is a central element of the new copyright regime, including in the areas of parody and satire;
Legalise legitimate forms of copying by introducing an explicit and broadly defined “Fair Use” policy.
Ensure the extent of copyright ownership is balanced against the public good;
Design a system which is clear to all parties, including end users;
Design an enforcement mechanism which is easy to understand, transparent and accessible to all parties;
Target penalties at those who infringe on copyright rather than on third parties such as intermediaries;
Future-proof the new regime by basing it on applicable principles rather than rules relevant to today’s technology only;
Make it easy for end-users to identify and engage with owners of copyright material.


Here's hoping Sean Sherlock now does what he said he'd do, and acts on these recommendations.
copyright  law  ireland  reports  fair-use  free-speech  satire  parody  copying  copyfight  ownership  ip  drm  linking 
october 2013 by jm
The Hole in Our Collective Memory: How Copyright Made Mid-Century Books Vanish - Rebecca J. Rosen - The Atlantic
A book published during the presidency of Chester A. Arthur has a greater chance of being in print today than one published during the time of Reagan.
This is not a gently sloping downward curve. Publishers seem unwilling to sell their books on Amazon for more than a few years after their initial publication. The data suggest that publishing business models make books disappear fairly shortly after their publication and long before they are scheduled to fall into the public domain. Copyright law then deters their reappearance as long as they are owned. On the left side of the graph before 1920, the decline presents a more gentle time-sensitive downward sloping curve.
business  books  legal  copyright  law  public-domain  reading  history  publishers  amazon  papers 
september 2013 by jm
Newest YouTube user to fight a takedown is copyright guru Lawrence Lessig
This is lovely. Here's hoping it provides a solid precedent.
Illegitimate or simply unnecessary copyright claims are, unfortunately, commonplace in the Internet era. But if there's one person who's probably not going to back down from a claim of copyright infringement, it's Larry Lessig, one of the foremost writers and thinkers on digital-age copyright. [..] If Liberation Music was thinking they'd have an easy go of it when they demanded that YouTube take down a 2010 lecture of Lessig's entitled "Open," they were mistaken. Lessig has teamed up with the Electronic Frontier Foundation to sue Liberation, claiming that its overly aggressive takedown violates the DMCA and that it should be made to pay damages.
liberation-music  eff  copyright  law  larry-lessig  fair-use 
august 2013 by jm
How The Copyright Industry Pushed For Internet Surveillance | TorrentFreak
Rick Falkvinge with a good point:
The reason for the copyright industry to push for surveillance is simple: any digital communications channel can be used for private conversation, but it can also be used to share culture and knowledge that is under copyright monopoly. In order to tell which communications is which, you must sort all of it – and to do that, you must look at all of it. In other words, if enforcing the copyright monopoly is your priority, you need to kill privacy, and specifically anonymity and secrecy of correspondence.


This was exactly my biggest worry -- a side-effect of effective copyright filtering is the creation of infrastructure for online oppression by the state.
copyright  privacy  state  data-protection  rick-falkvinge  copyfight  internet  filtering  surveillance  anonymity 
july 2013 by jm
Record companies to target 20 more pirate sites after court ruling - Independent.ie
Looks like IRMA are following the lead of the UK's BPI, by chasing the proxy sites next:
Up to 20 internet sites are to be targeted by an organisation representing record companies in a move to stamp out the illegal pirating of music and other copyright material. The Irish Recorded Music Association (IRMA) said it would be immediately moving against the 20 "worst offenders" to "take out" internet sites involved in the illegal downloading of copyright work.


However, looks like this will involve more court time:
Last night IRMA director general, Dick Doyle said the High Court ruling was only the first step in "taking out many internet sites involved in illegally downloading music. "We will be back in court very shortly to take out five to 10 other sites. We have already selected a total of 20 of the worst offender sites and we will go after the next five in the very near future," he said.


That's not going to be cheap!
courts  ireland  law  irma  piracy  pirate-bay  bpi  proxies  filesharing  copyright 
june 2013 by jm
UK ISPs Secretly Start Blocking Torrent Site Proxies | TorrentFreak
The next step of cat-and-mouse. Let's see what the pirate sites do next...
The blocking orders are intended to deter online piracy and were requested by the music industry group BPI on behalf of a variety of major labels. Thus far they’ve managed to block access to The Pirate Bay, Kat.ph, H33T and Fenopy, and preparations are being made to add many others.

The effectiveness of these initial measures has been called into doubt, as they are relatively easy to bypass. For example, in response to the blockades hundreds of proxy sites popped up, allowing subscribers to reach the prohibited sites via a detour.
However, as of this week these proxies are also covered by the same blocklist they aim to circumvent, without a new court ruling.

The High Court orders give music industry group BPI the authority to add sites to the blocklist without oversight. Until now some small changes have been made, mostly in response to The Pirate Bay’s domain hopping endeavors, but with the latest blocklist update a whole new range of websites is being targeted.
bittorrent  blocking  filesharing  copyright  bpi  piracy  pirate-bay  proxies  fenopy  kat.ph  h33t  filtering  uk 
june 2013 by jm
Lawsuit Filed To Prove Happy Birthday Is In The Public Domain; Demands Warner Pay Back Millions Of License Fees | Techdirt
The issue [...] is that it's just not cost effective for anyone to actually stand up and challenge Warner Music, who has strong financial incentive to pretend the copyright is still valid. Well, apparently, someone is pissed off enough to try. The creatively named Good Morning to You Productions, a documentary film company planning a film about the song Happy Birthday, has now filed a lawsuit concerning the copyright of Happy Birthday and are seeking to force Warner/Chappell to return the millions of dollars it has collected over the years. That's going to make this an interesting case.
music  copyright  law  via:bwalsh  public-domain  happy-birthday  songs  warner-music  lawsuits 
june 2013 by jm
Labour TD ignores tough questions on web case
I [Tom Murphy] have asked [Sean Sherlock] a question: Does he have any comment about the lawsuit between EMI and UPC (and a raft of other ISPs too btw) which is using his SI to attempt to block PirateBay? A court case he said would not happen. Now, I am blocked from following him on Twitter. This is not how a proper political system works.
politics  ireland  twitter  sean-sherlock  tom-murphy  boards  devore  copyright 
june 2013 by jm
Music firms secure orders blocking access to Pirate Bay - Crime & Law News from Ireland & Abroad | The Irish Times - Wed, Jun 12, 2013
Four major music companies have secured court orders requiring six internet service providers to block access by subscribers to various Pirate Bay websites within some 30 days in a bid to prevent illegal downloading of copyright music and other material. [...]

Today, Mr Justice Brian McGovern said he was satisfied to make the order in circumstances including that new copyright laws here and in the EU permitted such orders to be made. He said he fully agreed with a previous High Court judge who had said he would make such blocking orders if the law permitted and noted the law now allowed for such orders. The form of the orders means the music companies will not have to make fresh applications to court if Pirate Bay changes its location on the internet.
pirate-bay  blocking  filtering  internet  ireland  upc  eircom  vodafone  digiweb  three  imagine  o2  copyright 
june 2013 by jm
Hollywood Studios [attempt to censor] Pirate Bay Documentary
Probably not deliberate, but pretty damn inept.
Over the past weeks several movie studios have been trying to suppress the availability of TPB-AFK [the Pirate Bay documentary] by asking Google to remove links to the documentary from its search engine. The links are carefully hidden in standard DMCA takedown notices for popular movies and TV-shows.

The silent attacks come from multiple Hollywood sources including Viacom, Paramount, Fox and Lionsgate and are being sent out by multiple anti-piracy outfits. Fox, with help from six-strikes monitoring company Dtecnet, asked Google to remove a link to TPB-AFK on Mechodownload. Paramount did the same with a link on the Warez.ag forums. Viacom sent at least two takedown requests targeting links to the Pirate Bay documentary on Mrworldpremiere and Rapidmoviez. Finally, Lionsgate jumped in by asking Google to remove a copy of TPB-AFK from a popular Pirate Bay proxy.
funny  inept  hollywood  lionsgate  fox  viacom  paramount  dtecnet  tpb-afk  piratebay  piracy  copyright  movies  google 
may 2013 by jm
Adding Insult to Plagiary?
A few days old, but already an instant Streisand-Effect classic:
Sometimes people borrow [Colin Purrington's free guide about making scientific posters] without giving him credit. This happens fairly regularly, and when he finds out about it, he sends an e-mail asking them to take it down. Usually they do. But when he sent an e-mail to the Consortium for Plant Biotechnology Research, asking that a roughly 1,200-word, near-verbatim, uncredited chunk from his guide be removed from the consortium’s materials, the response was unexpected. Rather than apologise, a lawyer sent him a cease-and-desist letter accusing him of plagiarizing the consortium’s materials and demanding that he take down his guide or face a lawsuit seeking damages up to $150,000.
streisand-effect  lawsuits  law  infringement  copyright  cpbr  bullying  science  posters 
april 2013 by jm
Protect your designs
A good writeup of how to detect cases of copyright infringement for photography, art and other visual media.
Von Glitschka, Modern Dog and myriad others make clear that the support of the creative community is absolutely vital in raising awareness of copyright infringements. Sites like www.youthoughtwewouldntnotice.com name and shame clear breaches of copyright, while the Modern Dog case shows that there is no better IP tracing system than the eyes and ears of the design community itself. “It’s the industry at large that has kept me aware of infringements,” states Von. “Without that I would miss most of them because I don’t go looking – they find me via the eyes of others.”
photography  art  visual-media  copyright  infringement  piracy  ripping 
april 2013 by jm
How Copyright and Patent reform can make us all wealthier and safer - Events - IIEA - The Institute of International and European Affairs
Next April 11th, at the IIEA in North Gt Georges St:
Rick Falkvinge, founder of the Swedish Pirate Party, will examine the case for reform of copyright and patent law in the EU. Legalised file sharing, free sampling and shortened copyright protection times are the main elements of a proposal co-authored by Mr. Falkvinge which was submitted to the European Parliament in 2012. He will question whether, in the context of ever-increasing online activity, existing legal frameworks pose a threat to users’ civil liberties.
rick-falkvinge  pirate-party  ireland  iiea  dublin  copyright  patents  filesharing 
april 2013 by jm
'The Impact of Copyright Policy Changes on Venture Capital Investment in Cloud Computing Companies' [pdf]
'Our results suggest that the Cablevision decision, [which was widely seen as easing certain ambiguities surrounding intellectual property], led to additional incremental investment in U.S. cloud computing firms that ranged from $728 million to approximately $1.3 billion over the two-and-a-half years after the decision. When paired with the findings of the enhanced effects of VC investment relative to corporate investment, this may be the equivalent of $2 to $5 billion in traditional R&D investment.'

via Fred Logue.
via:fplogue  law  ip  copyright  policy  cablevision  funding  vc  cloud-computing  investment  legal  buffering 
march 2013 by jm
Literate Jenks Natural Breaks and How The Idea Of Code is Lost
A crazy amount of code archaeology to discover exactly an algorithm -- specifically 'Jenks natural breaks", works, after decades of cargo-cult copying (via Nelson):

'I spent a day reading the original text and decoding as much as possible of the code’s intention, so that I could write a ‘literate’ implementation. My definition of literate is highly descriptive variable names, detailed and narrative comments, and straightforward code with no hijinks.

So: yes, this isn’t the first implementation of Jenks in Javascript. And it took me several times longer to do things this way than to just get the code working.

But the sad and foreboding state of this algorithm’s existing implementations said that to think critically about this code, its result, and possibilities for improvement, we need at least one version that’s clear about what it’s doing.'
jenks-natural-breaks  algorithms  chloropleth  javascript  reverse-engineering  history  software  copyright  via:nelson 
february 2013 by jm
Fox DMCA Takedowns Order Google to Remove Fox DMCA Takedowns
Chilling Effects is setup to stop the ‘chilling effects’ of Internet censorship. Google sees this as a good thing and sends takedown requests it receives to be added to the database. Fox sends takedown requests to Google for pages which the company says contain links to material it holds the copyright to. Those pages include those on Chilling Effects which show which links Fox wants taken down. Google delists the Chilling Effects pages from its search engine, thus completing the circle and defeating the very reason Chilling Effects was set up for in the first place.
chilling-effects  copyright  internet  legal  dmca  google  law 
january 2013 by jm
Lesser known crimes: do you own that copyright?
A very interesting crime on the Irish statute books:

Section 141 of the Copyright and Related Rights Act 2000 provides: A person who, for financial gain, makes a claim to enjoy a right under this Part [ie. copyright] which is, and which he or she knows or has reason to believe is, false, shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding £100,000, or to imprisonment for a term not exceeding 5 years, or both.
ireland  copyright  ip  false-claims  law 
january 2013 by jm
NASA's Mars Rover Crashed Into a DMCA Takedown
An hour or so after Curiosity’s 1.31 a.m. EST landing in Gale Crater, I noticed that the space agency’s main YouTube channel had posted a 13-minute excerpt of the stream. Its title was in an uncharacteristic but completely justified all caps: “NASA LANDS CAR-SIZE ROVER BESIDE MARTIAN MOUNTAIN.”

When I returned to the page ten minutes later, [...] the video was gone, replaced with an alien message: “This video contains content from Scripps Local News, who has blocked it on copyright grounds. Sorry about that.” That is to say, a NASA-made public domain video posted on NASA’s official YouTube channel, documenting the landing of a $2.5 billion Mars rover mission paid for with public taxpayer money, was blocked by YouTube because of a copyright claim by a private news service.
dmca  google  fail  nasa  copyright  false-positives  scripps  youtube  video  mars 
august 2012 by jm
On Patents
Notch comes up with a perfect analogy for software patents.
I am mostly fine with the concept of “selling stuff you made”, so I’m also against copyright infringement. I don’t think it’s quite as bad as theft, and I’m not sure it’s good for society that some professions can get paid over and over long after they did the work (say, in the case of a game developer), whereas others need to perform the job over and over to get paid (say, in the case of a hairdresser or a lawyer). But yeah, “selling stuff you made” is good. But there is no way in hell you can convince me that it’s beneficial for society to not share ideas. Ideas are free. They improve on old things, make them better, and this results in all of society being better. Sharing ideas is how we improve. A common argument for patents is that inventors won’t invent unless they can protect their ideas. The problem with this argument is that patents apply even if the infringer came up with the idea independently. If the idea is that easy to think of, why do we need to reward the person who happened to be first?

Of course, in reality it's even worse, since you don't actually have to be first to invent -- just first to file without sufficient people noticing, and people are actively dissuaded from noticing (since it makes their lives riskier if they know about the existence of patents)...
business  legal  ip  copyright  patents  notch  minecraft  patent-trolls 
july 2012 by jm
CEO Of Internet Provider Sonic.net: We Delete User Logs After Two Weeks. Your Internet Provider Should, Too. - Forbes
"what we saw was a shift towards customers being made part of a business model that involved–I don’t know if extortion is the right word–but embarassment for gain. An individual would download a movie, using bittorrent, and infringe copyright. And that might be our customer, like Bob Smith who owns a Sonic.net account, or it might be their spouse, or it might be their child. Or it might be one of his three roommates in a loft in San Francisco, who Bob is not responsible for, and who rent out their loft on AirBnB and have couch surfers and buddies from college and so on and open Wifi.

When lawyers asked us for these users’ information, some of our customers I spoke with said “Oh yeah, crap, they caught me,” and were willing to admit they engaged in piracy and pay a settlement. But in other cases, it turned out the roommate did it, or no one would admit to doing it. But they would pay the settlement anyway. Because no one wants to be named in the public record in a case from So-And-So Productions vs. 1,600 names including Bob Smith for downloading a film called “Don’t Tell My Wife I B—F—— The Babysitter.”

AG: Is that a real title?

DJ: Yes. I’ve read about cases where a lawyer was doing this for the movie “The Expendables,” and 5% of people settled. So then he switched to representing someone with an embarassing porn title, and like 30% of people paid.

It seemed like half the time, the customer wasn’t the one right one, but they rolled over because it would be very embarassing. And I think that’s an abuse of process. I was unwilling to become part of that business model. In many cases the lawyers never pursued the case, and it was all bluster. But under that threat, you pay."
interview  isps  freedom  copyright  internet  shakedown  lawyers  sonic.net  data-retention  via:oisin 
june 2012 by jm
The Hydra Bay
"How to set up a Pirate Bay proxy". Step-by-step instructions for MacOS and Linux on how to run a fully-functional reverse proxy for The Pirate Bay -- in other words, provide a duplicate URL for users to circumvent ISP blocks of TPB. http://about.piratereverse.info/proxy/list.html contains about a hundred others. See also http://unblockedpiratebay.com/ for a standalone PHP script which does the same (albeit a little less efficiently).

A good demonstration of how futile filtering techniques like IP or domain name blocks are, when applied to a popular website like TPB.
piratebay  filtering  censorship  copyright  php  proxies  reverse-proxies  ip-blocking  dns-blocking 
june 2012 by jm
Issue of web access raises hackles at conference - The Irish Times - Tue, Jun 19, 2012
'Prof Michael O’Flaherty, the vice-chairman of the UN Human Rights Committee, told the Organisation for Security and Co-operation in Europe (OSCE) conference on internet freedom that the rights of copyright holders to make a living had to be balanced with the right to freedom of expression.' 'THE PUNISHMENT for breakers of the “three strikes” illegal download rule was “exceptionally disproportionate” [...] The internet was a vehicle for a wide range of human rights so excluding someone from it was an “extraordinary penalty”.'
osce  coverage  unhrc  conferences  dublin  copyright  freedom  internet  censorship  filtering 
june 2012 by jm
Jim FitzPatrick's Pinterest account
*the* Jim FitzPatrick -- he of the legendary iconic 1968 Che Guevara image. "All is free to share, I only go after those who use/misuse/exploit my artwork for profit. Have fun." I particularly like http://pinterest.com/pin/46302702389391106/ ;)
jim-fitzpatrick  open-source  sopa  acta  ireland  copyright 
june 2012 by jm
The story of St. Columba: A modern copyright battle in sixth century Ireland
a good summary of the roots of copyright, the Columcille "To every cow belongs its calf; to every book its copy" story (via TJ McIntyre)
columcille  copyright  history  ireland  columbanus  books 
june 2012 by jm
Copyfraud - Wikipedia, the free encyclopedia
'a term coined by Jason Mazzone (Associate Professor of Law at Brooklyn Law School) to describe situations where individuals and institutions illegally claim copyright ownership of the public domain and other breaches of copyright law with little or no oversight by authorities or legal consequence for their actions.' Good term (via Nelson)
copyright  rights  ip  fraud  copyfraud  wikipedia  words  terminology  neologisms  dmca  infringement 
may 2012 by jm
Copyright Review Committee Submission
'This site is intended to give the public a chance to comment on, and hopefully [collaboratively] improve, the text of a proposed submission to the [Irish] Copyright Review Commission.' (ie. CRC2012, deadline 31 May.)
crc2012  copyright  ireland  law  collaboration 
may 2012 by jm
Welcome to Life: the singularity, ruined by lawyers - YouTube
'some portions of the experience, such as the sky, may be replaced by personalised advertising.' Uploading your consciousness in the age of copyright maximalism, as Nelson Minar put it (via Nelson)
via:nelson  grim-meathook-future  future  singularity  funny  copyright  advertising 
may 2012 by jm
McGarr Solicitors' sternly-worded letter to Newspaper Licencing Ireland Ltd
In response to a letter received by a charity, warning of dire penalties for 'reproducing copyright content without permission', since doing so 'is theft'. It gets better, since in correspondence they were then informed that “a licence is required to link directly to an online article even without uploading any of the content directly onto your own website”. Looking forward to seeing how this one plays out...
law  ireland  scams  shakedown  copyright  nli  licensing  linking  hyperlinks 
may 2012 by jm
On The Record: Forging a future for the music industry
The original article is now paywalled, but the comments thread contains a fantastic discussion between some very smart young, and old, musicians, discussing music in a digital age where copying is trivial, the future of the music business, copyright, etc.
music-business  bill-whelan  music  mp3  copyright  on-the-record  irish-times 
april 2012 by jm
Clay Shirky Q&A: online creativity and intellectual property | Comment is free | guardian.co.uk
Good discussion and some great points, particularly this one for pro-copyright comments from "creative class" types: "there are few absolutes in copyright. To the question of motivation, if no copyright equaled no work, the fashion business would collapse, as their products are not covered by copyright. Money is one form of reward, but there are others (many non-fiction authors make more money doing things ancillary to their writing than they do from the writing, and then there is the explosion in labors of love), and copyright is one way to arrange the flow of money, but it's a less good one than it used to be, because we are in an environment that makes that model of control less salient, and the other forms of reward moreso. So the logic of "It's copyright or chaos" isn't holding up well."
copyright  clay-shirky  the-guardian  creative-commons  fashion 
april 2012 by jm
FOI docs regarding lobbying of Sean Sherlock on the copyright SI
Truly amazing outcome from Mark Tighe's FOI request regarding lobbying on the copyright SI. It turns out that (a) IRMA want all Irish ISPs to enact "3 strikes", and view the SI as a way to force this; but (b) Eircom are of the opinion that "3 strikes" is now illegal and unenforceable under EU and Irish law. Despite knowing this, Sherlock then went ahead and signed the SI into law *anyway*, just to avoid the hassle of IRMA's members bringing the government to court. Which they did anyway, regardless. What an utter shambles
sopaireland  sean-sherlock  irma  emi  copyright  ireland  law  eircom  lobbying  foi 
march 2012 by jm
Copyright Review Committee #CRC12 Survey
95 questions for the public, corresponding to the Copyright Review Committee's Consultation Paper at http://www.djei.ie/science/ipr/crc_index.htm . I need to sit down and get through these at some stage...
questionnaire  copyright  law  ireland  crc12 
march 2012 by jm
Adrian Weckler with "6 reasons why Irish SOPA may not work"
All spot on. 'Despite all this, the government - through Minister Sherlock - has passed this statutory instrument.
In all likelihood, Sherlock’s department had decided to do it a long time ago (probably before the last election), in a (now failed) effort to get the music companies off its back.
It’s a shame that Sherlock has gone along with this so easily: he is taking all the flak. It’s also not that common to see a government determined to pass new law that it knows - or strongly suspects - won’t work.'
adrian-weckler  law  ireland  piracy  copyright  sopaireland 
march 2012 by jm
Key Techdirt SOPA/PIPA Post Censored By Bogus DMCA Takedown Notice | Techdirt
'our page clearly is not infringing. This is a 100% bogus DMCA takedown -- something we only discovered by complete accident over a month later -- hiding one of our key articles in an important fight about abusing copyright law to take down free speech. Seems like a perfect example of how copyright can be -- and is -- abused to suppress free speech.'
techdirt  dmca  copyright  sopa  sopaireland  armovore  dirty-tricks 
march 2012 by jm
YouTube bypasses the DMCA
more on the Rumblefish-owns-birdsong Youtube fiasco
youtube  dmca  rumblefish  birdsong  copyright 
march 2012 by jm
Irish Government signs disastrous (SOPA) law to reinforce online copyright laws | Manhattan Diary | IrishCentral
'This is Fine Gael Junior Minister Sean Sherlock. It's probably not important that you remember his face because his career in Irish politics may soon be over. [...] What's particularly galling is the government's high handed act. In the United States they dropped SOPA legislation because voters objected, but in Ireland they just waited for the controversy to die down and railroaded it through. I had hoped Ireland had learned enough in recent years to move beyond this style of governance.'
sopaireland  sopa  ireland  law  copyright  emigrants 
march 2012 by jm
**IMPORTANT** Copyright policy - boards.ie
Boards' new post-SOPAIreland copyright policy, at least for the Rugby forum. Wonder how widespread this is to the rest of the site
boards  ireland  sopaireland  sean-sherlock  copyright  rules  forums  linking 
march 2012 by jm
DJEI - Copyright S.I. signed and consultation process launched on copyright and innovation - Minister Sherlock
Sean Sherlock says the new SI will "establish Irish copyright law on a firm footing to encourage innovation, foster creativity", which is pretty bloody hilarious. plus a nice little dig at the online campaign: "As there are clearly many diverse interests, it is important that interested parties come together and work in a constructive way to map the path forward." They really don't have a clue what they've done. After 20 years of Labour first prefs, I'm never voting Labour again
labour  ireland  politics  sean-sherlock  copyright  copyfight 
february 2012 by jm
Library Closure of Type .nu
Alan Toner on library.nu's shutdown. 'The case of library.nu is significant because the demand for the works offered there demonstrates that filesharing is not just about pop music, porn and cams of action movies, but also those forms and sources of knowledge whose acquisition are ritually celebrated within ‘enlightenment’ culture. Many of those whose works were offered derive income not from royalties, but from related activities such as teaching and research. Such people were themselves an important component library.nu’ user base. Some have other means to access the same materials, others, especially those in countries with weaker education infrastructures and more emaciated library budgets, do not. Outside of formal education, the millions of online autodidacts may be denied access to material, seriously impinging on their lives and possibilities. When one considers the cost of text books and more especially scholarly articles, that is no hyperbole, and applies not only to the global south but the post-industrial north as well, awash in its dreams of knowledge economies and human capital.'
alan-toner  library.nu  ebooks  education  filesharing  copyright  piracy 
february 2012 by jm
EFF Wins Protection for Time Zone Database
'The Electronic Frontier Foundation (EFF) is pleased to announce that a copyright lawsuit threatening an important database of time zone information has been dismissed. The astrology software company that filed the lawsuit, Astrolabe, has also apologized and agreed to a 'covenant not to sue' going forward, which will help protect the database from future baseless legal actions and disruptions.

Software engineers around the world depend on the time zone database to make sure that time-stamps for email and other files work correctly no matter where you are. However, last September, Astrolabe filed a lawsuit against Arthur David Olson and Paul Eggert – the researchers who coordinated the database's development for decades – because the database includes information from an atlas in which Astrolabe claimed to own copyright. But facts – like what time the sun rises – are not copyrightable. EFF, along with co-counsel Adam Kessel and Olivia Nguyen at the Boston office of Fish & Richardson P.C, promptly signed on to defend Olson and Eggert and protect this essential tool. In January, EFF advised Astrolabe that Olson and Eggert would move for sanctions if Astrolabe did not withdraw its complaint. Today's dismissal followed.'
copyright  eff  timezones  via:fanf  time  unix  olson 
february 2012 by jm
Canadian Universities Agree To Ridiculous Copyright Agreement That Says Emailing Hyperlinks Is Equal To Photocopying | Techdirt
'The agreement reached last month with the licensing agency includes provisions defining e-mailing hyperlinks as equivalent to photocopying a document, an annual $27.50 fee for every full-time equivalent student and surveillance of academic staff email.' wow, incredibly bad terms
copyright  canada  hyperlinks  copyfight  techdirt  licensing  academia 
february 2012 by jm
_Intellectual property rights and innovation: Evidence from the human genome_ (PDF)
'Do intellectual property (IP) rights on existing technologies hinder subsequent
innovation? Using newly-collected data on the sequencing of the human genome by
the public Human Genome Project and the private rm Celera, this paper estimates
the impact of Celera's gene-level IP on subsequent scienti c research and product
development. Genes initially sequenced by Celera were held with IP for up to two
years, but moved into the public domain once re-sequenced by the public e ort.
Across a range of empirical speci cations, I nd evidence that Celera's IP led to
reductions in subsequent scienti c research and product development on the order of
20 to 30 percent. Taken together, these results suggest that Celera's short-term IP
had persistent negative e ects on subsequent innovation relative to a counterfactual
of Celera genes having always been in the public domain.' (via Tony Finch)
via:fanf  genetics  ip  copyright  open-source  celera  patents  papers  pdf 
february 2012 by jm
Neil Young on piracy
'I look at the internet as the new radio. I look at the radio as gone. [...] Piracy is the new radio. That’s how music gets around.'
internet  filesharing  piracy  copyright  neil-young  music 
february 2012 by jm
ChessBase.com - Chess News - A Gross Miscarriage of Justice in Computer Chess (part two)
An amazing article, via Nelson Minar -- careful examination of the evolution of chess programs over the past 8 years appears to show clear signs of code/algorithm copying and unauthorised reverse engineering -- by many of the developers. 'Dr Søren Riis of Queen Mary University in London shows how most programs (legally) profited from Fruit, and subsequently much more so from the (illegally) reverse engineered Rybka. Yet it is Vasik Rajlich who was investigated, found guilty of plagiarism, banned for life, stripped of his titles, and vilified in the international press – for a five-year-old alleged tournament rule violation. Ironic.'
chess  code  games  open-source  licensing  reverse-engineering  copyright  infringement  via:nelson 
january 2012 by jm
LINX Public Affairs » Scarlet wins in European Court
'The Court judgement therefore goes well beyond saying what a court may decide, by means of an injunction: it also sets out the limits of Member States’ powers to legislate to draft ISPs as copyright police. It will be a crucial precedent in future arguments about the Digital Economy Act, in the UK, HADOPI in France, various blocking requirements in Italy, and numerous other schemes across the EU. As victories for ISPs in the copyright wars go, this one was comprehensive. It will be seen as a landmark ruling for years to come.' woot
linx  scarlet  isps  hadopi  eu  privacy  filtering  copyright  irma  filesharing 
november 2011 by jm
the legend of St. Columba, patron saint of copyright infringers
'At this point IPKat team member Jeremy dons his old academic hat and excitedly draws attention to some research he did on the St Columba case.  The goodly saint was given access to a psalter that was in the possession of Abbot Finian in around the year 560.  A psalter is a book of psalms -- definitely public domain stuff, having been compiled during the reign of King David, who is generally reckoned to have died around 970 years before the common era.  Even on a life + 70 year basis, copyright would have expired around getting on for 1,500 years before Columba came on to the scene.  Having illicitly copied the psalter he refused to deliver it up to King Dermot of Tara, who famously said “to every cow its calf, to every book its copy” -- not "to every cow its calf, to every author his work".  Anyway, to cut a long story short, Columba refused to hand it over, fled the country for the safety of England (like the founder of Wikileaks), converted the Picts to Christianity, settled in Iona and became a saint.  You can read this all in "St Columba the Copyright Infringer" [1985] 12 European Intellectual Property Review 350-353.' (via Eoin O'Dell). Someone fill in the misquoting High Court judges....
st-columba  books  via:cearta  ireland  law  history  filesharing  copyright 
november 2011 by jm
The Daily Mail's frequent copyright abuse finally catches up with them
This is how you do it -- bravo to Alice Taylor, who got them fair and square as they did their usual trick of lifting copyrighted content without permission
copyright  journalism  photography  daily-mail  via:torrentfreak 
august 2011 by jm
Great Hacker News thread on Andy Baio's "Kind Of Screwed" shakedown
full of good commentary on the rather horrific result. here's one: "I wonder how the photographer would feel if the company that manufactured the trumpet played by Miles Davis had claimed that his photograph violated the copyright of their "sculpture" and the tailor Miles got his suit from also protested. Of all art forms, photography has some of the least claim on being an entirely original creation of the artist."
photography  miles-davis  jay-maisel  andy-baio  waxy  hn  discussion  copyright  copyfight  creativity  art 
june 2011 by jm
Hero orang-utan sparks copyright row - The Irish Times - Thu, Jun 16, 2011
"They did not have the right to sell it and have infringed his copyright. It is as simple as that." Scummy -- some company called "News Team International" taking YouTube content and passing it off as their own
youtube  copyright  scummy  news-team-international  video 
june 2011 by jm
Piracy: are we being conned?
The Age with a cynical take on pro-music-biz anti-piracy "reports". "The quality of data and analysis is very weak as its political objective is so clear. It does not use actual ABS data but data taken from Europe. It's an elemental statistical error, it's fudging with numbers to come out with a figure which is 'kinda sorta' plausible."
piracy  filesharing  copyright  australia  the-age  newspapers  ifpi  acta 
june 2011 by jm
The Hargreaves Report
'The publication of Digital Opportunity follows a six-month independent review of IP and Growth, led by Professor Ian Hargreaves. He was asked to consider how the national and international IP system can best work to promote innovation and growth.' Some fantastic recommendations here. I hope this provides clear direction to similar Irish efforts...
ip  law  hargreaves  uk  patents  copyright 
may 2011 by jm
TwitPic assert ownership over images posted to it, signs licensing deal with sleb-photos agency
scummy. don't use TwitPic if they are planning to monetize your photos, even if it's currently just for a "small number of celebrities". (via my dad)
twitpic  ip  privacy  copyright  via:dad  photography 
may 2011 by jm
This Bacteria is Violating Copyright | tor.com | Science fiction and fantasy | Blog posts
the Joyce estate playing their usual role. 'are we now nearing a point where copyright law can result in the retraction of a life form?' (via John Looney)
copyright  dna  bacteria  james-joyce  joyce-estate  frivolous  lawsuits  copyfight  craig-venter  from delicious
april 2011 by jm
Ireland’s new coalition on media, IT & IP law | Lex Ferenda
'some first thoughts on how the just-published coalition agreement (Fine Gael and Labour) in Ireland proposes to deal with issues of interest to cyberlaw and media law.'
lex-ferenda  law  ireland  ip  content  internet  fair-use  copyright  tv  from delicious
march 2011 by jm
One of the ICE domain seizures was a legit mp3 blog, posting legal promo mp3s
At least one of the sites seized by DHS was an mp3 blog which posted authorised, promotional mp3s, sent from record label VPs and artists -- ie. none of the supposedly "infringing" files, actually were infringing. (via Tony Finch)
mp3  music  piracy  law  ice  dhs  filesharing  copyright  copyfight  techdirt  via:fanf  seizure  mp3blogs  from delicious
december 2010 by jm
Copyright and defamation law is repelling investors - The Irish Times
'UNLESS CHANGES are made to Ireland’s legal and regulatory framework in areas like copyright and defamation, digital businesses will be discouraged from locating operations here, say legal experts and businesses.'
law  legal  copyright  defamation  ireland  irish-times  from delicious
november 2010 by jm
Protection of Intellectual Property...: 11 Nov 2010: Seanad debates (KildareStreet.com)
this is not looking good -- the Seanad debate on the subject of filesharing and internet filtering in Ireland is going in the direction that IRMA have been lobbying for; only the Labour senator came up with something sensible, by at least reading an email he'd received into the record
irma  copyright  filesharing  ireland  seanad  debates  government  piracy  from delicious
november 2010 by jm
UPC file-sharing court action begins - The Irish Times
it's with Mr Justice Peter Charleton again -- the Colmcille-misquoting judge from the Eircom case. here's hoping the Data Protection Commissioner gets off their arse and does their job this time around
upc  ireland  law  filesharing  irma  copyright  from delicious
june 2010 by jm
EU must break down national copyright barriers, says EU Digital Agenda Commissioner Neelie Kroes
"There is a huge Digital Single Market for audiovisual material. The problem is that it's illegal [...] We have effectively allowed illegal file-sharing to set up a single market where our usual policy channels have failed." "While the internet is borderless, Europe’s online markets are not. It is often easier to buy something from a US website than online from the country next-door in Europe. Often you cannot buy it at all within Europe."
copyright  piracy  neelie-kroes  quotes  eu  ec  music  ip  from delicious
may 2010 by jm
Why Our Civilization's Video Art and Culture is Threatened by the MPEG-LA
incredible. Almost every single modern camera capable of recording video now requires that you obtain a license from MPEG-LA to use recorded footage for commercial purposes. These clauses are currently not enforced, but could be. Horrifying (via Tony Finch)
via:fanf  patents  mpeg2  codec  compression  consumer-rights  copyright  legal  law  mpeg  h264  mpegla  codecs  from delicious
may 2010 by jm
French Anti-Piracy Organisation Hadopi Uses Pirated Font In Own Logo
'Of course you have to appreciate the irony – the agency in charge of enforcing France’s new anti-piracy legislation using a pirated proprietary font in its very own logo.' hoho! hoist by their own petard
hadopi  piracy  copyright  design  fail  france  fonts  typography  logos  ip  from delicious
january 2010 by jm

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