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[News] Intellectual Monopolies Seen as Unreasonable, Draconian Even

  • Subject: [News] Intellectual Monopolies Seen as Unreasonable, Draconian Even
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Mon, 26 Oct 2009 00:18:07 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

Is There "Hope" for Shepard Fairey?

,----[ Quote ]
| Shepard Fairey may have hoped to teach 
| something new about art and copyright with 
| his iconic "Hope" poster of Barack Obama. 
| Instead, he is accused of lying about which 
| Associated Press photo he used. (He says he 
| made a mistake.) But if Fairey's lying has 
| probably made a hash of his case and lost 
| him a lawyer, it has also raised that pesky 
| question yet again: Just what is fair use? 
| Was it legal for Fairey to take an AP photo 
| and turn it into this piece of artwork?
| [...]
| Here's a second example: This is the 
| Economist's use of the infamous Abu Ghraib 
| photos, taken by American military 
| personnel, which TV, newspapers, and 
| magazines repurposed without hesitation. 
| What we have here is fair use in news 
| reporting. The photographs in the Abu Ghraib 
| scandal were the story; what might have 
| otherwise been an infringement of copyright 
| is permitted so that the news can be 
| reported. From this, we understand why fair 
| use bears a close relationship to the 
| freedom of the press. Again, the use is 
| considered "fair" because there is some good 
| reason, or many, for it.
| What counts as a "good reason"?


PRS threatens shop worker for singing

,----[ Quote ]
| The Performing Rights Society don't like bad 
| press. Today, the BBC are reporting that the 
| PRS have backed down after threatening 56 
| year old Sandra Burt of the A&T Food store 
| in Clackmannanshire, Scotland with a fine of 
| "thousands of pounds" for the serious crime 
| of singing to herself while stacking shelves 
| without purchasing a licence.


Government backs down on cutting off filesharers 

,----[ Quote ]
| CULTURE SECRETARY Ben Bradshaw has revealed 
| that, due to strong opposition, measures to 
| tackle illegal filesharing will be watered 
| down.



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 industryâs litigation scare tactics
| against the nationâs universities and assumed pirate students. When the best
| profs at Harvard Law come after you, you know youâre 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 Faireyâs 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 workâperhaps 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.").

Version: GnuPG v1.4.9 (GNU/Linux)


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