Slashdot Mirror

An anonymous reader writes to recommend TechDirt's take on the dustup over at the Escapist, which recently tried on banning users from their forums for the mere mention of AdBlock. In the thread in which the trouble started, a user complained that an ad for Time Warner Cable was slowing down his computer. Users who responded to the poster by suggesting "get Firefox and AdBlock" found themselves banned from the forums. The banned parties didn't even need to admit they used AdBlock, they simply had to recommend it as a solution to a troublesome ad. The forum's recently amended posting guidelines do indeed confirm that the folks at the Escapist believe that giving browsing preference advice is a "non forgivable" offense. After a lot of user protest, the forum unbanned the transgressors but heaped on the guilt.

palmerj3 writes "The popular Facebook Purity greasemonkey script (now renamed Fluff Buster Purity) has been used by thousands to rid their Facebook feeds from the likes of Mafia Wars, Farmville, and other annoying things. Now, Facebook is threatening the developer of this script. Does Facebook have the right to govern their website's design and functionality once it's in the browser?"

bdcrazy writes "A man was recently awarded $1.5M in a jury trial after his hand was injured by a Ryobi table saw. The saw did not include the patented 'Saw Stop' technology that the plaintiff argued would have prevented all the problems." 60 similar cases have now been filed nationwide. TechDirt makes the argument that this jury decision is completely crazy: "If the government is going to require companies to use a patented technology, it seems that the only reasonable solution is to remove the patent on it and allow competition in the market place." If the decision stands, not only will the price of table saws go way up, but other hungry patent-holders will probably get a gleam in their eye.

Bios_Hakr points out an ironic use of the DMCA: for the second time, a video tutorial on fair use that Larry Lessig uploaded to YouTube has been muzzled. This time the sound has been pulled from the video; last time the video was taken off of YouTube. (Video and sound for the new "webside chat" can be experienced together on BlipTV.) Both times, Warner Music Group was the party holding copyright on a song that Lessig used in an unarguably fair-use manner. TechDirt is careful not to assume that an actual DMCA takedown notice was issued, on the likelihood that Google's automatic copyright-violation detectors did the deed. "The unintended consequences of asking tool providers [e.g., Google] to judge what is and what is not copyright infringement lead to tremendous problems with companies shooting first and asking questions later. They are silencing speech, on the threat that it might infringe on copyright. This is backwards. We live in a country that is supposed to cherish free speech, not stifle it in case it harms the business model of a company. We live in a country that is supposed to encourage the free expression of ideas — not lock it up and take it down because one company doesn't know how to adapt its business model. We should never be silencing videos because they might infringe on copyright."

Several sources following the recent school webcam spying debacle are reporting that an even stranger twist has surfaced. The student in question that was disciplined for an "improper act" was apparently accused of either drug use or drug selling. Turns out he was eating Mike & Ike candy, not popping pills. While there is probably more to this story than has made it to the general public, the officials involved have done a particularly bad job of actually managing the events.

CuteSteveJobs writes with a followup to news we discussed on Saturday of a disagreement between Amazon and Macmillan Publishers over ebook pricing: "Amazon has thrown in the towel and announced it will now sell books at Macmillan's increased prices; up to $14.99 from $9.99. Said Amazon in a statement: 'We will have to capitulate and accept Macmillan's terms because Macmillan has a monopoly over their own titles, and we will want to offer them to you even at prices we believe are needlessly high for e-books.' Macmillan has sensed Apple's iBooks opens the way for higher prices. Perhaps the question should be: do we even need publishers like Macmillian? Publishers have long managed to keep their old business model chugging along nicely despite the Internet; Academics are still forced to give up copyright (PDF) of their work in exchange for publication. Textbook publishers have a history of unethical practices like frequent edition changes, unjustifiable price increases and bribing teachers. For that matter, why do the RIAA's members still control the music business? Why do these dinosaur publishing businesses still manage to thrive despite the Internet?"

Hodejo1 writes "This past week Guadalajara, Mexico hosted the 7th secret meeting of ACTA proponents who continue to ignore demands worldwide to open the debate to the public. Piecing together official and leaked documents from various global sources, Michael Geist has coalesced it all into a five part ACTA Guide that offers structured insight into what these talks might foist upon the populace at large. 'Questions about ACTA typically follow a familiar pattern — what is it (Part One of the ACTA Guide listing the timeline of talks), do you have evidence (Part Two), why is this secret (Part Three), followed by what would ACTA do to my country's laws (Part Four)? Countering the momentum behind ACTA will require many to speak out" (Part Five).'"

goosman writes "The president of the International Jack Benny Fan Club had the opportunity to review some holdings of the CBS vaults while assisting them with some transfers. In the vaults she found 25 shows on film that were unreleased, but in the public domain. The IJBFC offered to pay for the digitization and preservation of these shows; they got a letter of enthusiastic support from the Benny estate. CBS has so far refused to allow this preservation to happen." BoingBoing and TechDirt have both covered this act of cultural destruction.

For the last couple of days news has been trickling in about how the US is trying to ram IP laws down Costa Rica's throat by blocking their access to the US sugar market. Techdirt has a good summary of the various commentaries and a related scoop in the Bahamas where the US is also applying IP pressure. "The first is in Costa Rica, which is included in the Central America Free Trade Agreement (CAFTA). Yet like with other free trade agreements that the US has agreed to elsewhere, this one includes draconian intellectual property law requirements. I still cannot understand why intellectual monopoly protectionism — the exact opposite of 'free trade' — gets included in free trade agreements. At least in Costa Rica, a lot of people started protesting these rules, pointing out that it would be harmful for the economy, for education and for healthcare. So the Costa Rican government has not moved forward with such laws. How has the US responded? It's blocking access to the US market of Costa Rican sugar until Costa Rica approves new copyright laws."

Techdirt pointed out an interesting retrospective by Scott Rosenberg, former managing editor of Salon.com, about their experiments with paywalls and how repercussions can last a lot longer than some might expect. "More important, by this point the public was, understandably, thoroughly confused about how to get to read Salon content. It took many years for our traffic to begin to grow again. Paywalls are psychological as much as navigational, and it's a lot easier to put them up than to take them down. Once web users get it in their head that your site is 'closed' to them, if you ever change your mind and want them to come back, it's extremely difficult to get that word out."

superglaze and several other readers noted a piece up on ZDNet.co.uk reporting that last summer a pub in the UK was fined £8,000 after a customer downloaded copyrighted material on its Wi-Fi connection. According to the article, whose source was the Wi-Fi hotspot provider, it was a civil action and the pub was not identified because its owner had not given permission to release the details. Techdirt is skeptical as to whether or not the reported fine happened, given the sketchiness surrounding the details. If true, the ruling seems baffling to UK legal experts, according to ZDNet: "Internet law professor Lilian Edwards, of Sheffield Law School, told ZDNet that companies that operate a public Wi-Fi hotspot should 'not be responsible in theory' for users' illegal downloads under 'existing substantive copyright law.'" In a follow-up article, Prof. Edwards cautions that such hotspot operators should "watch out for the pile of copyright infringement warnings coming your way."

angry tapir writes "Two US senators have asked President Barack Obama's administration to allow the public to review and comment on a controversial international copyright treaty being negotiated largely in secret. The public has a right to know what's being negotiated in the Anti-Counterfeiting Trade Agreement (ACTA), Senators Sherrod Brown, an Ohio Democrat, and Bernard Sanders, a Vermont Independent, argue in the letter."

Techdirt has pointed out yet another cable exec that just doesn't quite get it. Comcast's COO, Steve Burke, recently urged the TV industry to find ways to "get consumers to change" rather than figure out better methods to cater to demand. "'An entire generation is growing up, if we don't figure out how to change that behavior so it respects copyright and subscription revenue on the part of distributors, we're going to wake up and see cord cutting.' How many consumers, in any market, are focused on 'respecting' vendors' revenue streams? How, exactly, does he propose to effect this sea change? And why not just develop products that consumers will willingly pay for, rather than trying to change consumer behavior in such a fundamental way?"

Hugh Pickens writes "With news organizations struggling and newsroom jobs disappearing, each week brings new calls from writers and editors who believe their employers should save themselves by charging for Internet access. However, in an interesting turnabout, the NY Times reports that Saul Friedman, a journalist for more than 50 years and a columnist for Newsday since 1996, announced last week he was quitting after Newsday decided that non-subscribers to Newsday's print edition will have to pay $5 a week to see much of the site, making it one of the few newspapers in the country to take such a plunge. 'My column has been popular around the country, but now it was really going to be impossible for people outside Long Island to read it,' he says. Friedman, who is 80, said he would continue to write about older people for the site 'Time Goes By.' 'One of the reasons why the NY Times eventually did away with its old "paywall" was that its big name columnists started complaining that fewer and fewer people were reading them,' writes Mike Masnick at Techdirt. 'Newspapers who decide to put up a paywall may find that their best reporters decide to go elsewhere, knowing that locking up their own content isn't a good thing in terms of career advancement.'"

Now that the UK is discussing plans for some form of 3-strikes regime to discourage file-sharing, TechDirt reports that the fans of due process have picked up unlikely allies: the law enforcement and spying establishments fear that a 3-strikes policy would result in far more encryption on the Net, greatly complicating their jobs. "Of course, they're not as concerned about due process and civil rights, as they are about making it more difficult to track down criminals online: 'Law enforcement groups, which include the Serious and Organized Crime Agency and the Metropolitan Police's e-crime unit, believe that more encryption will increase the costs and workload for those attempting to monitor internet traffic. ... A source involved in drafting the Bill said that the intelligence agencies, MI5 and MI6, had also voiced concerns about disconnection. "The spooks hate it," the source said.'" The Times (UK) Online has more details.

jjohn24680 passes along word that a federal judge has thrown out a local sheriff's lawsuit accusing the online classified group Craigslist of facilitating prostitution. We discussed the case when it was filed back in March. Here is the decision (PDF). "As was pretty clear at the time, Craigslist is the service provider and is quite obviously protected by Section 230 immunity. ... Even after all of this was clearly explained to Sheriff Dart, he still insisted that his lawsuit made sense. It looks like the court system, however, does not agree. As expected, the case has been dismissed on Section 230 grounds."

Techdirt is reporting that one unfortunate, unemployed New York lawyer recently had her unemployment benefits greatly reduced because of the incredible $1/day she was earning via ads on her blog. "The whole thing sounds like a bureaucratic nightmare, with NY State asking her to get a form from her new 'employer' who didn't exist. Then NY Department of Labor started giving her all sorts of contradicting information, and eventually an 'investigation' into her 'business' — during which time her unemployment benefits were stopped entirely. She's now pulled the Google AdSense from her blog (total earned over the life of the blog $238.75)."

Techdirt points out a great postmortem for the Rocky Mountain News, a newspaper that ended up shutting down because they couldn't adapt to a world beyond print. While long, the talk (in both video and print) is incredibly candid coming from someone who lived through it and shares at least some portion of the blame. "It seems like pretty much everything was based on looking backwards, not forward. There was little effort to figure out how to better enable a community, or any recognition that the community of people who read the paper were the organizations true main asset. ... The same game is playing out not just in newspapers, but in a number of other businesses as well. Like the Rocky Mountain News, those businesses are looking backwards and defining themselves on the wrong terms, while newer startups don't have such legacy issues to deal with."

TechDirt is running a piece on Corona, CA, where officials are considering ignoring a California law that authorizes red-light cameras — cutting the state and the county out of their portion of the take — in order to increase the city's revenue. The story was first reported a week ago. The majority of tickets are being (automatically) issued for "California stops" before a right turn on red, which studies have shown rarely contribute to an accident. TechDirt notes the apparent unconstitutionality of what Corona proposes to do: "The problem here is that Corona is shredding the Sixth Amendment of the US Constitution, the right to a trial by jury. By reclassifying a moving violation... to an administrative violation... Corona is doing something really nefarious. In order to appeal an administrative citation you have to admit guilt, pay the full fine, and then apply for a hearing in front of an administrative official, not a judge in a court. The city could simply deny all hearings for administrative violations or schedule them far out in advance knowing full well that they have your money, which you had to pay before you could appeal."

newscloud writes "Harvard's Nieman Journalism Lab sounds off on micropayments for news content, on the side of the argument that says they are a dangerous delusion: 'What does it mean for journalism? It could mean charging for different platforms, for early alerts, for special members-only access to certain premium or value-added content. But I'm pretty sure of one thing: It doesn't mean charging people fractions of a cent to read a news story, no matter how sophisticated the process.' The article provides good context on the debate over micropayments from a 2003 piece by Clay Shirky, to recent analysis and opinion by Masnick, Outing, Graham, and Reifman. Google's micropayment plans were recently discussed here."

Techdirt is reporting that Malaysia seems to be jumping on the copyright/trademark bandwagon and attempting to protect the "ownership" of certain ethnic foods. Of course, this may just be a massive PR push in an attempt to grab some eyeballs. "Last year, around this time, we noted that the country of Lebanon was trying to claim that it owns hummus and other middle eastern foods, such as falafel, tabouleh and baba gannouj, and that no other country could produce them. It seems that other parts of the world are seeing the same sort of thing, as Malaysia is trying to declare that it owns popular Malaysian dishes, like nasi lemak."

Paul Graham has posted an essay questioning whether we ever really paid for "content," as publishers of news and music are saying while they struggle to stay afloat in the digital age. "If the content was what they were selling, why has the price of books or music or movies always depended mostly on the format? Why didn't better content cost more?" Techdirt's Mike Masnick takes it a step further, suggesting that the content itself should be treated as a resource — one component of many that go into a final product. Masnick also discussed the issue recently with NY Times' columnist David Carr, saying that micropayments won't be the silver bullet the publishers are hoping for because consumers are inundated with free alternatives. "It's putting up a tollbooth on a 50-lane highway where the other 49 lanes have no tollbooth, and there's no specific benefit for paying the toll." Reader newscloud points out that the fall 2009 issue of Harvard's Nieman Reports contains a variety of related essays by journalists, technologists, and researchers.

consonant writes "A Delaware District Court judge has ordered Facebook to turn over ALL its source code to Leader Technologies, who allege patent infringements by Facebook. The patent in question appears to be for 'associating a piece of data with multiple categories.' Additionally, while the judge in question deems it fine to let Leader Technologies look at Facebook's source (for a patent, no less!) in its entirety for a single feature, it would be 'overboard to ask a patent holder to disclose all of their products that practice any claim of the patent-in-suit.'"

It seems that Swedish regulators have decided to extend the requirement of not calling yourself a bank to the registration of domain names. Now anyone that tries to register a .SE domain name with the word "bank" in it will need to prove they are a legitimate bank. Hopefully there are no blood banks or anyone with the last name of "Banks" that might want a .SE domain. Here is a Google translation of the demand issued by the authorities to the .SE registry.

Techdirt is reporting that one particularly rabid anti-spam fighter has not only lost his case, but most of his worldly possessions as well. James Gordon tried to set himself up as an ISP to get around the conventions of the CAN SPAM act in order to set up a litigation house designed to sue companies that spam. Unfortunately a judge did not take kindly to this trick and ordered him to pay $110,000 to the firm he was suing, a decision that was not only upheld on appeal but accompanied by some very unkind words trying to shut down litigation mills like his. "But, perhaps even more fascinating is that the guy, James Gordon, didn't just lose the lawsuit, it appears he lost most of his possessions as well. Remember that ruling telling him to pay the $110k to Virtumundo? He refused. The company sent the debt to a collections agency, but told Gordon they'd call off the collections agency if he dropped the appeal. Gordon didn't."

With all of the recent focus on technology and the promises to continue "getting stuff done" by the US government, Techdirt's Masnick suggests that they might just be the most interesting tech startup to watch this year. "But, of course, talk is cheap (especially in politics). And, while Chopra (and Vivek Kundra, the government's CIO) both actually have a nice track record of accomplishing these sorts of goals in their past jobs, the proof is in what's actually getting done. We'd already mentioned at least one success story with the IT dashboard at USASpending.gov, but can it continue? I have to admit, a second thing that impressed me about Chopra was that, even with such a success, he didn't focus on it. The fact that he got together such a site in such a short period of time is impressive enough, and while he mentioned it in his talks, most of them were much more focused not on what he'd already done, but on what he was going to do — and the plans all seemed quite achievable.

James Grimmelmann performed an experiment using the AP's form to request a license to use more than four consecutive words from one of their articles. Except that he didn't paste in words from the (randomly chosen) article, but instead used 26 words written by Thomas Jefferson 196 years ago: If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea. The AP cheerfully charged him $12 to use Jefferson's 26 words. Both Boing Boing and TechDirt have picked up the story so far. Grimmelmann adds an update to his blog: the AP has rescinded his license to Jefferson's words and issued a refund for his $12. They did not exhibit the grace to admit that their software is brain-dead.

Dr_Ken writes to mention recent coverage of a Harvard Cyber-Law study on Techdirt that analyzes the uses of copyright in the academic world. Some are claiming that the applications of copyright in academia are stifling and that we should perhaps go so far as to abolish copyright in the academic world entirely. "I've even heard of academics who had to redo pretty much the identical experiment because they couldn't even cite their own earlier results for fear of a copyright claim. It leads to wacky situations where academics either ignore the fact that the journals they published in hold the copyright on their work, or they're forced to jump through hoops to retain certain rights. That's bad for everyone."

An anonymous reader writes "In a sign that patent trolls are getting desperate to keep their cases in East Texas — long known as the friendliest venue for their claims — some have taken to suing tiny, no-name companies that are run by East Texas residents. The hope is that, if at least one defendant is located in East Texas, the judge will keep the entire case there. Nate Neel, a Longview, Texas resident with a small open source software company called CitiWare, was sued by Bedrock Computer Technologies in June despite (he claims) having no customers or other meaningful operations of any kind. In response, Mr. Neel has posted a strongly worded letter to Bedrock's attorneys on his Web site. It will be interesting to see how East Texas judges respond to this abuse of process perpetrated against their own residents."

An anonymous reader writes "Many of you may be familiar with Mike Masnick, from the site Techdirt. Beyond just chronicling tech stories for years, he's also been following various music and media industry business models as well. While he's usually among the first (like Slashdot) to express dismay at silly activities from the recording industry, lately he's been cataloging numerous success stories, like business models from Trent Reznor, Amanda Palmer, and Josh Freese. Mike and Techdirt are now taking things a step further, and wondering what would happen if they took the lessons from those success stories and applied it to a media publication: their own Techdirt. The result is 'Connect with Fans + Reason to Buy.' Check out the very special offer for the RIAA."

An anonymous reader writes "Many of you may be familiar with Mike Masnick, from the site Techdirt. Beyond just chronicling tech stories for years, he's also been following various music and media industry business models as well. While he's usually among the first (like Slashdot) to express dismay at silly activities from the recording industry, lately he's been cataloging numerous success stories, like business models from Trent Reznor, Amanda Palmer, and Josh Freese. Mike and Techdirt are now taking things a step further, and wondering what would happen if they took the lessons from those success stories and applied it to a media publication: their own Techdirt. The result is 'Connect with Fans + Reason to Buy.' Check out the very special offer for the RIAA."

An anonymous reader writes "Many of you may be familiar with Mike Masnick, from the site Techdirt. Beyond just chronicling tech stories for years, he's also been following various music and media industry business models as well. While he's usually among the first (like Slashdot) to express dismay at silly activities from the recording industry, lately he's been cataloging numerous success stories, like business models from Trent Reznor, Amanda Palmer, and Josh Freese. Mike and Techdirt are now taking things a step further, and wondering what would happen if they took the lessons from those success stories and applied it to a media publication: their own Techdirt. The result is 'Connect with Fans + Reason to Buy.' Check out the very special offer for the RIAA."

An anonymous reader writes "Many of you may be familiar with Mike Masnick, from the site Techdirt. Beyond just chronicling tech stories for years, he's also been following various music and media industry business models as well. While he's usually among the first (like Slashdot) to express dismay at silly activities from the recording industry, lately he's been cataloging numerous success stories, like business models from Trent Reznor, Amanda Palmer, and Josh Freese. Mike and Techdirt are now taking things a step further, and wondering what would happen if they took the lessons from those success stories and applied it to a media publication: their own Techdirt. The result is 'Connect with Fans + Reason to Buy.' Check out the very special offer for the RIAA."

An anonymous reader writes "Many of you may be familiar with Mike Masnick, from the site Techdirt. Beyond just chronicling tech stories for years, he's also been following various music and media industry business models as well. While he's usually among the first (like Slashdot) to express dismay at silly activities from the recording industry, lately he's been cataloging numerous success stories, like business models from Trent Reznor, Amanda Palmer, and Josh Freese. Mike and Techdirt are now taking things a step further, and wondering what would happen if they took the lessons from those success stories and applied it to a media publication: their own Techdirt. The result is 'Connect with Fans + Reason to Buy.' Check out the very special offer for the RIAA."

Techdirt is reporting that Belgium is trying to extract fines from Yahoo for not producing user data that was recently demanded of the US company. Instead of following normal diplomatic channels Belgian officials apparently made the data demands directly to Yahoo's US headquarters and then took the company to criminal court, where a judge issued the fine. "The implications of this ruling are profound and far-reaching. Following the court's logic would subject user data associated with any service generally available online to the jurisdiction of all countries. It would also subject all companies that offer services generally available on the global Internet to the laws of all jurisdictions, potentially exposing individual employees to a variety of criminal sanctions."

NewYorkCountryLawyer writes "In Fairey v. Associated Press, the Associated Press said artist Shepard Fairey's painting had infringed its copyrights in a photo of then-President Elect Barack Obama. Fairey said no, it was a 'fair use'. Now, the freelance photographer who actually took the AP photo — Manuel Garcia — has sought permission to intervene in the case, saying that both the AP and Fairey are wrong. Garcia's motion (PDF) protests that he, not AP, is the owner of the copyright in the photograph, and that he never relinquished it to AP. And he argues that Fairey is not entitled to a fair use defense. According to an article in TechDirt, this intervention motion by Mr. Garcia represents a changed attitude on his part, and that his initial reaction to Mr. Fairey's painting was admiration, and a desire for an autographed litho. Maybe Mr. Fairey should have given him that autographed litho."

Techdirt has an interesting look at copyright and the idea that an author is the originator of a new work. Instead, the piece suggests that all works are in some way based on the works of others (even our own copyright law), and the system should be much more encouraging of "remixing" work into new, unique experiences. "Friedman also points back to another recent post where he discusses the nature of content creation, based on a blog post by Rene Kita. In it, she points out that remixing and creating through collaboration and building on the works of others has always been the norm. It's what we do naturally. It's only in the last century or so, when we reached a means of recording, manufacturing and selling music — which was limited to just those with the machinery and capital to do it, that copyright was suddenly brought out to 'protect' such things."

Another question of search engine "legality" is being addressed with a recent court case in the UK over a video search engine. Techdirt's coverage questions the long-standing tradition of how to evaluate contributory infringement claims for sites like search engines based on the highly subjective "I know it when I see it" test. "Take for example, the situation going on in the UK, where Anton Benjamin Vickerman and his wife Kelly-Anne Vickerman decided to do something that makes a lot of sense: create a search engine for videos online, indexing a variety of different sites. This was as a part of their company Scopelight, and the search engine itself was called Surfthechannel. This is certainly a useful product. But, of course, the search engine's algorithm has no way of knowing if that video has been put up by the copyright holder on purpose or if it's unauthorized. Even more tricky, how does it determine fair use? So, it did the reasonable thing: it includes everything. Lots of the videos are legal. Plenty are potentially unauthorized. Apparently that wasn't good enough for a UK-based anti-piracy group UK-FACT, who had Scopelight's premises raided, claiming the site is illegal, since people can find unauthorized content via it. Of course, you can find unauthorized content on Google as well. But you know who's liable for that? Whoever actually put it online. Not the search engine that pointed you to it."

Techdirt points out that the EFF is examining the constitutionality of the recent $1.9 million verdict awarded in favor of the RIAA against Jammie Thomas. While on the surface it may seem that this excessive award should be easy to overturn since grossly excessive punitive damage awards are considered to violate the Due Process clause of the US Constitution, the Supreme Court seems to have been ignoring precedent and upholding copyright's importance at any cost. "Given the size of the statutory damages award, Ms. Thomas-Rasset's legal team will likely be seriously considering a constitutional challenge to the verdict. A large and disproportionate damage award like this raises at least two potential constitutional concerns. First, the Supreme Court has made it clear that 'grossly excessive' punitive damage awards (e.g., $2 million award against BMW for selling a repainted BMW as 'new') violate the Due Process clause of the US Constitution. In evaluating whether an award 'grossly excessive,' courts evaluate three criteria: 1) the degree of reprehensibility of the defendant's actions, 2) the disparity between the harm to the plaintiff and the punitive award, and 3) the similarity or difference between the punitive award and civil penalties authorized or imposed in comparable situations. Does a $1.92 million award for sharing 24 songs cross the line into 'grossly excessive?' And do these Due Process limitations apply differently to statutory damages than to punitive damages? These are questions that the court will have to decide if the issue is raised by Ms. Thomas-Rasset's attorneys."

Mike Masnick over at Techdirt has an incredibly in-depth look at two presentations in particular from the recent CISAC world copyright summit. Rep. Robert Wexler and Senator Orrin Hatch both gave deeply troubling presentations calling opponents of stronger copyright "liars" and suggesting that copyright is the only way to make money on creative works, respectively. "Does anyone else find it ironic that it's the so-called 'creative class' which copyright supporters insist are enabled by copyright supposedly have not been able to tell this 'great story?' Perhaps the problem is that there is no great story to tell. Perhaps the problem is that more and more people are recognizing that the 'great story' is one that suppresses the rights of everyday users, stifles innovation, holds back progress and stamps on our rights of free speech and communication? Has it occurred to Wexler that for the past decade, the industry has been telling this story over and over and over again — and every time they do, more and more people realize that it doesn't add up? "

Mike Masnick over at Techdirt has an incredibly in-depth look at two presentations in particular from the recent CISAC world copyright summit. Rep. Robert Wexler and Senator Orrin Hatch both gave deeply troubling presentations calling opponents of stronger copyright "liars" and suggesting that copyright is the only way to make money on creative works, respectively. "Does anyone else find it ironic that it's the so-called 'creative class' which copyright supporters insist are enabled by copyright supposedly have not been able to tell this 'great story?' Perhaps the problem is that there is no great story to tell. Perhaps the problem is that more and more people are recognizing that the 'great story' is one that suppresses the rights of everyday users, stifles innovation, holds back progress and stamps on our rights of free speech and communication? Has it occurred to Wexler that for the past decade, the industry has been telling this story over and over and over again — and every time they do, more and more people realize that it doesn't add up? "

An anonymous reader writes "A few years back, a guy was arrested for possessing child pornography after techs at Circuit City found child porn on his computer, while they were installing a DVD player. The guy insisted that the evidence shouldn't be admissible since the techs shouldn't have been snooping through his computer — and a lower court agreed. The appeals court, however, reversed, noting that the guy had given Circuit City the right to do things on his computer — including testing out the newly installed software (which is how the tech claims he found the video). The guy appealed to the Supreme Court, who has declined to hear the case, meaning that the ruling stands for the time being. So, basically, if you hand your computer over to someone else for repairs, at least in some jurisdictions, they may have pretty free rein in terms of what they're allowed to access on your computer."

An anonymous reader writes "An examination of a new "digital downloads" taxation law in Washington State suggests that files downloaded via file sharing programs may be covered by the law — meaning that you may be expected to pay taxes based on 'the value of the digital product ... determined by the retail selling price of a similar digital product.' Thus, if you were to download music or movies and not pay the taxes, would you be liable for tax evasion charges? How much do you want to bet the RIAA will push exactly that claim?"

Techdirt has an amusing story about the expanding adoption of the RIAA-style business model of collecting settlement money from threats of litigation based on copyright infringement claims. This story comes with an amusing twist with the two cited companies, Davenport Lyons and ACS, being clearly related and ACS publishing an article with clearly plagiarized selections. Anything to make a buck I guess. "TorrentFreak noticed that an article apparently published by ACS Law was actually plagiarized from a variety of different sources, basically cut and pasted together with no credit or citations given at all. Remarkably, in some cases, articles with the exact opposite view of ACS Law were copied with paragraphs that just had an added sentence to the end which completely contradicted what the original article said."

Many people have written to tell us about the patent infringement lawsuit that resulted in a $200 million judgement against Microsoft by a small Toronto firm called i4i. Techdirt has a line on the details of the suit where the patent in question is for "separating the manipulation of content from the architecture of the document." i4i argues that this covers basic XML editing to the tune of $98 per application. "It's quite troubling that doing something as simple as adding an XML editor should infringe on a patent, but what's even more troubling is that the court somehow ruled that such an editor was worth $98 in the copies of Microsoft Word where it was used. An XML editor. $98. And people say patent awards aren't out of sync with reality?"

Techdirt got wind of a secret meeting by newspaper execs, complete with antitrust lawyers, to discuss how to proceed on the issue of implementing paywalls going forward. Of course, if newspapers decide to all lock away their content that just means the rest of us will have a bunch of great journalism talent to pick from soon thereafter. "You may have noticed a bunch of stories recently about how newspapers should get an antitrust exemption to allow them to collude -- working together to all put in place a paywall at the same time. That hasn't gone anywhere, so apparently the newspapers decided to just go ahead and try to get together quietly themselves without letting anyone know. But, of course, you don't get a bunch of newspaper execs together without someone either noticing or leaking the news... so it got out. And then the newspapers admitted it with a carefully worded statement about how they got together 'to discuss how best to support and preserve the traditions of news gathering that will serve the American public.' And, yes, they apparently had an antitrust lawyer or two involved."

An anonymous reader writes "DJ Danger Mouse famously fought with EMI over his Beatles/Jay-Z mashup, 'The Grey Album,' and now seems to be battling with the label again. Rather than release his latest album and face legal issues with EMI, Techdirt is reporting that Danger Mouse will be selling a blank CD-R along with lots of artwork, and buyers will be responsible for finding the music themselves (yes, it's findable on the internet) and burning the CD."

With today's Free Summit broaching the subject of the "dangers" of free, TechDirt has an interesting perusal of why free often can't work without a good business model and why it often gets such a bad reputation. "I tend to wonder if this is really a case of free gone wrong or free done wrong. First, I'm always a bit skeptical of 'free' business models that rely on a 'free' scarcity (such as physical newspapers). While it can work in some cases, it's much more difficult. You're not leveraging an infinite good -- you're putting yourself in a big hole that you have to be able to climb out of. Second, in some ways the model that was set up was a static one where everyone focused on the 'free' part, and no one looked at leapfrogging the others by providing additional value where money could be made. The trick with free is you need to leverage the free part to increase the value of something that is scarce and that you control, which is not easily copied. [...] Still, it's an important point that bears repeating. Free, by itself, is meaningless. Free, with a bad business model, isn't helpful either. The real trick is figuring out how to properly combine free with a good business model, and then you can succeed."

An anonymous reader writes "Larry Lessig, known (hopefully) to everyone around here as a defender of all things having to do with consumer rights and fair use rights when it comes to copyright, is now on the receiving end of a DMCA takedown notice from Warner Music, who apparently claimed that one of Lessig's famous presentations violated on their copyright. Lessig has said that he's absolutely planning on fighting this, and has asked someone to send Warner Music a copy of US copyright law that deals with 'fair use.'" Reader daemonburrito notes that the (rehosted) "video remains available at the time of this submission."

Hugh Pickens writes "The Fourth Circuit Court of Appeals has issued an opinion affirming a ruling that will be cheered by digital fair use proponents for allowing a fair use of students' work when their teachers electronically file students' written work with the turnitin.com Web site so that newly submitted work can be compared against Turnitin's database of existing student work to assess whether the new work is the result of plagiarism. The court stepped through the fair use analysis, dropping positive notes that affirm commercial uses can be fair uses, that a use can be transformative 'in function or purpose without altering or actually adding to the original work,' and that the entirety of a work can be used without precluding a finding of fair use. Techdirt suggests that all of these points could have been helpful to Google in defending its book scanning efforts, 'since it could make pretty much the identical arguments on all points.' Unfortunately Google caved in that lawsuit and settled, 'denying a strong fair use precedent and making Google look like an easy place for struggling industries to demand cash.'"