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[News] Fair Use Doctrine Under Attack From Warner and Associated Gangster

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Hey, Warner, Leave those Kids Alone 

,----[ Quote ]
| Last month we reported that Warner Music Group was using YouTube’s Content 
| I.D. (aka Video I.D.) tool to effectively censor myriad fair uses. We asked 
| people to contact us if they needed legal help and  put up a YouTube removal 
| primer to give folks information about their options. As a result we’ve seen 
| beautiful film montages set to music, videos to assist the hearing impaired, 
| and many other examples of amazing artistic talent that have been censored by 
| Warner Music.      


Is Anything In Shepard Fairey's Image Actually Copyrightable By The AP?

,----[ Quote ]
| of copyright infringement over his iconic Barack Obama poster (Fairey 
| initiated the actual lawsuit, asking for a declaratory judgment that his 
| image did not infringe, but that was after the AP publicly stated they were 
| going to go after him for infringement), many are looking over the legal 
| issues, and examining whether or not Fairey's use is fair use. In our initial 
| post on the subject, it seemed pretty obvious that it was fair use, in large 
| part because the AP didn't even realize it was an AP photo until someone else 
| pointed it out -- suggesting that it was a transformative work, which 
| represents a big part of the "test" for fair use.         



UK.gov 'to create anti-net piracy agency'

,----[ Quote ]
| Following its failure to foster voluntary solution between ISPs and rights
| holders, the government will create a new agency and regulations to clamp
| down on copyright infringement via peer-to-peer networks, it's reported
| today.
| A proposal for a body called the Rights Agency will be at the centre of
| anti-internet piracy measures, according to the Financial Times, which cited
| sources who had read a draft of Lord Carter's report on Digital Britain. The
| Rights Agency will be introduced alongside a new code of practice for ISPs
| and rights holders, to be overseen by Ofcom, according to the leaked draft.
| The final report is due out by the end of this month.


Jono Bacon announces CC-licensed book project

,----[ Quote ]
| Bacon says that the book, which is called Art of Community, will cover a wide
| range community-related topics, including governance, promotion, and conflict
| resolution. It will also provide real-world anecdotes to provide greater
| insight into the subject area. He aims to have the book on shelves this
| Summer and will also make it broadly available on the Internet. He plans to
| document the process and provide ongoing updates at a new web site that he
| created for the project.
| "This book is much more than merely a textbook on building a compelling
| community. I believe that we learn how to build strong community through the
| exchange of stories and experiences," he wrote in a blog entry. "The Art Of
| Community is a compendium of stories, anecdotes and experiences inside and
| outside the Open Source world."


Taxing ISPs To Fund Newspapers?

,----[ Quote ]
| In trying to explain why a music tax is a bad idea, I pointed out that if you
| start with music, you quickly have to start adding pretty much every industry
| disrupted by the internet. The obvious one is movies, but what about
| newspapers? They're struggling due to the internet, so why can't they demand
| an ISP tax to support newspapers? The idea, of course, is that this was a
| ludicrous suggestion... but apparently some people have thought seriously
| about it.


Internet Filtering Appearing On Various Wishlists For Obama

,----[ Quote ]
| It's tough to get that worked up about the various "wishlists" being sent by
| different interest groups to President-elect Obama. After all, you'd expect
| the groups to basically push for their entire agenda, and there's no
| indication that an Obama administration will agree to any of these -- but
| it's still worth watching. For example, the MPAA's wishlist includes plenty
| of forced filtering and a "three strikes" policy that Europe recently
| rejected as taking away basic human rights (there's that MPAA spirit!).


Internet Censors Must Be Accountable For The Things They Break

,----[ Quote ]
| Censorship technologies are purveyed as a way to protect us from the evils of
| child abuse. But they're costly systems that are unlikely to actually protect
| anyone or prevent any child abuse — they're more likely to interfere with the
| way the Internet works and hamper innovation by online communities.


Labor plan to censor internet in shreds

,----[ Quote ]
| The Government's plan to censor the internet is in tatters, with Australia's
| largest ISP saying it will not take part in live trials of the system and the
| second largest committing only to a scaled-back trial.
| And the Communications Minister, Stephen Conroy, has written to critics
| saying that the so-called "live" trials would be "a closed network test and
| will not involve actual customers". Greens Senator Scott Ludlam said this was
| a sign the Government was slowly backing away from the heavily criticised
| policy.

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