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[News] Lessig Fights for Open Access

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John Conyers and Open Access

,----[ Quote ]
| The "open access movement" was born to create an alternative to this. Even if 
| restrictive copyright was a necessary evil in the days of dead-tree-based 
| publishing, it was still an evil. High costs restrict access. The business 
| model of the scientist is to spread his or her knowledge as widely as 
| possible. Open access journals, such as, for example, those created by the 
| Public Library of Science, have adopted a different publishing model, to 
| guarantee that all all research is freely accessible online (under the freest 
| Creative Commons license) immediately, to anyone around the world. This 
| guarantee of access, however, is not purchased by any compromise in academic 
| standards. There is still a peer-review process. There is still even a 
| paper-based publication.          



Crowd-sourcing a "fair use" case

,----[ Quote ]
| As mentioned, the Fair Use Project at Stanford's CIS is representing Shepard
| Fairey in his suit against the AP. To that end, we'd be grateful for some
| net-based knowledge. How many photos are there "like" the beautiful
| photograph that Mannie Garcia took (the one on the left; the one on the right
| is a CC licensed photo taken by Steve Jurvetson)?


activism down under

,----[ Quote ]
| The anger and activism at a rule in New Zealand requiring Internet service be
| terminated upon a mere accusation of copyright infringement is growing.


AP Demands Money For Iconic Obama Poster Image

,----[ Quote ]
| Just last week, we wrote about the question of whether or not the iconic
| image used on Obama posters that was created by street artist Shepard Fairey
| was copyright infringement. For a while, no one (including Fairey) could
| figure out what photo was the basis for the image. But a photojournalist
| tracked it down, and discovered it was by a photojournalist named Mannie
| Garcia, who was doing work for the Associated Press at the time. Garcia
| didn't mind at all, but as we noted in our post, the AP might take a
| different view on things, since it's so aggressive with copyright. However,
| even we thought the AP wouldn't be so stupid as to actually demand payment
| for the use of the image... but we were wrong.


Stanford Takes Up Case Against AP

,----[ Quote ]
| Okay, maybe not Congress just yet. But fresh on the heels of Harvard Law
| taking it to the RIAA over the recording industry’s litigation scare tactics
| against the nation’s universities and assumed pirate students. When the best
| profs at Harvard Law come after you, you know you’re in big, big trouble.
| The AP is facing similar intimidating opposition from the other coast, this
| time from Stanford Law and San Francisco-based Durie Tangri Lemley Roberts &
| Kent, who just filed a lawsuit against the Associated Press. The suit seeks a
| declaration from the court that Shepard Fairey’s artistic transformation of
| an AP photograph of Barack Obama is fair use. The suit also seeks an
| injunction against the AP from further action against Fairey or anyone else
| using or displaying his work—perhaps like the Smithsonian, at the moment.


Directors Admit They 'Steal' Ideas... But Most People Recognize That As

,----[ Quote ]
| Jon Lawrence points us to an article in Variety where a bunch of movie
| directors admit that they often look to other movies for ideas to "steal" in
| making their own movies. Of course, they don't really mean "steal."


AP Gets It Wrong Again: Wants To Restrict Certain Reports To 500 Words

,----[ Quote ]
| It's not difficult to see what's going on here. The AP is trying to be
| more "bloggy." Shorter, more attention grabbing pieces? Apparently, it's
| decided that people online only want to read the quick hits on salacious
| stories. Of course, despite what some may
| think, that's not really true.



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.").


New Zealand Goes Black

,----[ Quote ]
| The previous government in New Zealand enacted an amendment to the Copyright
| Act that required ISPs to have a policy to disconnect users after repeated
| accusations of infringement, over the objections of technologists.


RIAA lies exposed

,----[ Quote ]
| THE RIAA HAS BEEN OUTED as a lying toad as it claimed in a letter sent out on
| December 23rd last year that it was discontinuing lawsuits when in fact, this
| was simply not the case.
| Mitch Bainwol’s letter to the Congressional Committees claimed that the
| Recording Industry Association of America "discontinued initiating new
| lawsuits in August."


RIAA and BSA's Favorite Lawyers Taking Top Department of Justice Posts

,----[ Quote ]
| RIAA-fan Biden's influence in the Obama administration may be larger than
| anticipated, at least when it comes to file sharing: His good pals with RIAA
| and BSA connections keep getting Department of Justice's seats.
| According to CNET, "President Obama is continuing to fill the senior ranks of
| the U.S. Department of Justice with the copyright industry's favorite
| lawyers" with the selection of Donald Verrilli, from the Verrilli Family, el
| Señor Presidente's latest acquisition.


Obama names Doerr, Phillips to economic board

,----[ Quote ]
| Two Silicon Valley leaders have been appointed by President Obama to a
| 16-person committee that's charged with offering economic advice during what
| has become an unusually sharp and deep recession.
| John Doerr, the billionaire venture capitalist at Kleiner, Perkins, Caufield
| & Byers, is one. Doerr was involved in funding companies including Google,
| Amazon.com, Sun Microsystems, and Cypress Semiconductor; he currently serves
| on the board of companies including Amazon and Google and has recently turned
| his attention to green tech.
| Charles Phillips, the president of Oracle, is another. Phillips became
| president in May 2003 and previously was with Morgan Stanley's Institutional
| Securities Division. He's a Linux aficionado and said in 2005: "On demand is
| the future of software for many years to come and we are building it on
| Linux."

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