jm + fair-use   6

Why the Very Silly Oracle v. Google Trial Actually Matters
If it’s illegal to write clean room implementations of APIs, then no one has clean hands. The now-shelved open source project Apache Harmony, like Android, reimplemented Java SE, and tech giant IBM contributed code to that project. Oracle itself built its business off a proprietary implementation of SQL, which was created by IBM. The proposition “Reimplementations of APIs are infringements” creates a recursive rabbit hole of liability that spans across the industry. Even the very 37 Java APIs at issue in this trial contain reimplementations of other APIs. Google witness Joshua Bloch—who, while at Sun Microsystems, wrote many of the Java APIs—testified that specific Java APIs are reimplementations of other APIs from Perl 5 and the C programming language.
apis  fair-use  copyright  ip  android  java  google  oracle  law 
may 2016 by jm
From Gongkai to Open Source
This is an amazing post from Bunnie Huang, reverse engineering the Mediatek MT6260 to make "Fernvale", an open, hackable reference platform. Also worth noting for the "facts are not copyrightable" section regarding the legality of extracting memory locations and bitmasks from a copyrighted include file...

'We released Fernvale because we think it’s imperative to exercise our fair use rights to reverse engineer and create interoperable, open source solutions. Rights tend to atrophy and get squeezed out by competing interests if they are not vigorously exercised; for decades engineers have sat on the sidelines and seen ever more expansive patent and copyright laws shrink their latitude to learn freely and to innovate. I am saddened that the formative tinkering I did as a child is no longer a legal option for the next generation of engineers. The rise of the Shanzhai and their amazing capabilities is a wake-up call. I see it as evidence that a permissive IP environment spurs innovation, especially at the grass-roots level. If more engineers become aware of their fair use rights, and exercise them vigorously and deliberately, perhaps this can catalyze a larger and much-needed reform of the patent and copyright system.'

Freedom to tinker!
opensource  china  gongkai  tinkering  reverse-engineering  bunnie-huang  open-source  mediatek  copyright  facts  fair-use  shanzhai  patents 
december 2014 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
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
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

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