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[News] Companies That Leech Off Copyleft or Kill It (Microsoft Included)

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Closing Off the Internet and Tossing Fair Use Over the Cliff

,----[ Quote ]
| $2.95 for a single article. You didn't pay that much for the entire newspaper 
| even in print at the time, did you? If it was online, it would have been 
| free. What are these publishers thinking about the value of their content? 
| And what are they doing to the Internet? Trying to subvert it, I'd say, and 
| force it back in time to a world where content was all locked up and all paid 
| for. You know. Like how it worked before the Internet was invented. The goode 
| olde dayes of publishing.       


Copyleft and closed dual license ethics

,----[ Quote ]
| There are a bunch of companies out there today that offer their products in a 
| dual-license style, where you can download and use the GPL licensed version 
| or buy the proprietary licensed version (often together with some kind of 
| service deal) that you then can use without the “burden” of a GPL agreement. 
| Popular known brands doing this include Trolltech/Qt (now Nokia), MySQL (now 
| Sun), OO.o (Sun), Sleepycat (now Oracle) (Berkely DB is not strictly GPL but 
| still copyleft) and VirtualBox (now Sun) etc.      
| It’s perfectly legal for them to do this, as the company is the copyright 
| holder of all the files, they can just easily re-release everything under 
| whatever license they want at their own discretion. The condition is of 
| course that they are in fact copyright holders of everything, that the parts 
| they don’t have copyright for are either licensed under an enough liberal 
| license or that they can buy a similar relicense from third party lib 
| authors.      



88% of YouTube is New and Original Content, Professor Says

,----[ Quote ]
| If you can watch it without dropping your litigation against YouTube, Viacom,
| you need to see a doctor right away. Seriously. I hope YouTube lawyers play
| it for the judge if you insist on going to trial.
| Watch the part about the song that ended up being professionally released. It
| made the company some money. Cluestick: there is more than one business
| model, for those who can get with the new. Sooner or later, your shareholders
| will be furious with you if you don't course-correct and modernize. Yes. They
| will. Eventually, your shareholders will be YouTubers, you know. And you'll
| be what media used to be.


Has YouTube Just Been Saved?

,----[ Quote ]
| But something miraculous has happened: several leading media companies seem
| to have accepted that posting their material online actually helps them – as
| many of us have been pointing out for some time – because it acts as free
| advertising and drives users to buy non-infringing content:
| 'In the last few months, CBS, Universal Music, Lionsgate, Electronic Arts and
| other companies have stopped prodding YouTube to remove unauthorized clips of
| their movies, music videos and other content and started selling advertising
| against them.'


What's Fair Use, Anyway? AP Has a Thought, and So Do I

,----[ Quote ]
| Now that AP has purported to establish fair use guidelines that would make 5
| words licensable as not fair use, I thought I'd explain a bit about fair
| use and about why Groklaw no longer will link to or quote from any AP
| articles. I've seen reports that AP has backed off in some not quite
| clear-to-me way, but I notice their list of fees remains online.
| [...]
| And that is why Groklaw no longer will quote from or link to AP, and I'd ask
| you not to do so in your comments either. I can't pay $50 a pop, and I don't
| like being sued, even though I'm positive the 5 words guideline would fail. I
| think you've seen how horrible litigation really is, from watching the SCO
| saga, so do go along with this decision, please. Nothing AP has is worth this
| kind of hassle.


The Cost of Excerpting the AP

,----[ Quote ]
| It's priced by the word, and using a 5- to 25-word excerpt costs $12.50 with
| a 251-word or longer excerpt costing a ridiculous $100.
| This ordeal reminds me a lot of the fight against piracy. No matter how much
| the AP tries, it will never be able to curtail the entire blogosphere, just
| as the RIAA will never be able to completely eliminate piracy. The big
| question remains: Will the AP's reputation begin to resemble that of the


Associated Press expects you to pay to license 5-word quotations (and reserves
the right to terminate your license)

,----[ Quote ]
| In the name of "defin[ing] clear standards as to how much of its articles and
| broadcasts bloggers and Web sites can excerpt" the Associated Press is now
| selling "quotation licenses" that allow bloggers, journallers, and people who
| forward quotations from articles to co-workers to quote their articles. The
| licenses start at $12.50 for quotations of 5-25 words. The licensing system
| exhorts you to snitch on people who publish without paying the blood-money,
| offering up to $1 million in reward money (they also think that "fair use" --
| the right to copy without permission -- means "Contact the owner of the work
| to be sure you are covered under fair use.").



The Next Milestone In Killing Fair Use

,----[ Quote ]
| Microsoft may have left out nearly every product enhancement they
| originally promised for Vista, particularly the revamped file system,
| and tried to hide the fact with some pretty desktop eye candy, but
| they found plenty of time to add numerous DRM and copy protection
| schemes to the OS. 


Microsoft nastygrams site for hosting FairUse4WM

,----[ Quote ]
| We asked, and after he referred us to his very clearly worded BG4G page
| on Online Copyright Infringement Liability Limitation Act on DMCA
| takedown provisions, he replied, "I refuse to take down this file until
| they can prove to me they own the copyright to this file (yeah right....)
| or a court system makes me. If the line is not drawn in the sand here,
| then they will keep bullying everyone around." Our hats go off to you, sir.


Microsoft's war waged with FairUse4WM

,----[ Quote ]
| In September, Microsoft filed suit against the hacker(s) responsible
| for one such DRM-stripping program, FairUse4WM, purportedly created
| by the now notorious Viodentia. Other such programs reportedly target
| the DRM protections of the iTunes Music Store and AllOfMP3, among
| others. What will become of Microsoft's lawsuit? What does this have
| to do with "fair use" and the Digital Millennium Copyright Act
| (DMCA)? What follows is a brief overview in two parts. In the first,w
| e'll discuss current issues surrounding fair use with regard to the
| DMCA, and in the second we'll approach Microsoft's legal actions
| against Viodentia for FairUse4WM.


A Legitimate Reason to Hate the Zune (And Microsoft Too)

,----[ Quote ]
| Here's the situation: Microsoft has agreed to pay a portion of
| the profits from the sales of the Zune to a record company
| (Universal) because the Zune will undoubtedly be used to
| store unpurchased songs.
| [...]
| Here it is important to remember a few simple things. The
| money goes to the Universal, not to the artists.
| [...]
| Microsoft's move sets a bad precedent and turns all consumers into
| thieves without evidence.


Red Hot Chili Peppers, QOTSA, T.I. Rock For Zune

,----[ Quote ]
| "These devices are just repositories for stolen music, and they all
| know it," UMG chairman/CEO Doug Morris says. "So it's time to
| get paid for it."


Microsoft sues over source code theft

,----[ Quote ]
| Microsoft has filed a federal lawsuit against an alleged hacker who 
| broke through its copy protection technology, charging that the
| mystery developer somehow gained access to its copyrighted source code.


QTFairUse6 Updated Hours After iTunes7 Release

,----[ Quote ]
| "Mere hours after iTunes 7's release, QTFairUse6 has received an update
| which enables it to continue stripping iTunes songs of their 'FairPlay'
| DRM. Some features are experimental but at least it's proof that the
| concept still works."


MPAA: Frustrated Consumers Will Pirate

,----[ Excerpt ]
| The MPAA's Brad Hunt outlined some of the ways the MPAA is working
| to standardize content protection controls in the age of digital
| home networking. But he also acknowledged that piracy is the
| consumer's answer to the content industry's inability to provide
| a simple digital-rights-management solution.


Piracy figures are inflated say criminologists

,----[ Quote ]
| A draft report by the Australian Institute of Criminology says
| copyright holders are making up piracy figures in order to sway
| governments to their side.


,----[ Quote ]
| A US court is forcing the Recording Industry of America to explain why
| it charges people it catches pirating $750 a single rather than the 70
| cents they flog them to retailers for.
| In the case UMG v. Lindor, Judge Trager has allowed Ms Lindor, who the
| RIAA claim is a pirate, to challenge the $750 a track it wants in
| damages.


Big labels are f*cked, and DRM is dead - Peter Jenner

,----[ Quote ]
| Few people know the music industry better than Peter Jenner. Pink
| Floyd's first manager, who subsequently managed Syd Barrett's solo
| career, Jenner has also looked after T.Rex, The Clash, Ian Dury,
| Disposable Heroes and Billy Bragg - who he manages today. He's also
| secretary general of the International Music Managers Forum.

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