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[News] Intellectual Monopolists Carry on Assault on Emerging Competition

  • Subject: [News] Intellectual Monopolists Carry on Assault on Emerging Competition
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sat, 26 Dec 2009 01:03:24 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
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What Will The Recording Industry Be Blaming For All Their Problems A Decade From Now?

,----[ Quote ]
| "Piracy" makes for an easy -- if totally 
| incorrect -- scapegoat. The reality is far 
| different. As we've seen over and over again, 
| those who learn to properly use file sharing 
| to their advantage don't see any "problems" 
| from file "piracy," but actually see it as a 
| huge opportunity.

Napster: The File-Sharing Service That Started It All?


Copyright: Towards a recognition of users' rights at WIPO?

,----[ Quote ]
| Last week (December 14th-18th), the World 
| Intellectual Property Organization's standing 
| committee on copyright and related rights 
| (SCCR) was considering, among other things, a 
| proposal by Brazil, Ecuador and Paraguay for 
| an international treaty aimed at increasing 
| the accessibility of books for blind people.


A year out, where's RIAA's promised ISP help?

,----[ Quote ]
| Multiple music sources have told me over the 
| past month the RIAA leaders were feeling 
| pressure to drop the lawsuit campaign, but 
| were also being lobbied by some at the labels 
| to put some kind of deterrent in place, even 
| if totally toothless. They didn't want the 
| public to think there weren't any 
| consequences to pirating music, even if the 
| reality was exactly that.


Competitive Keyword Advertiser Wins at Trial--Fair Isaac v. Experian


IsoHunt Loses Big; Court Says: You Induce, You Lose

,----[ Quote ]
| The court relies on the fact that IsoHunt 
| owner Gary Fung made many statements that 
| could be read as inducing infringement, but 
| most of the statements appear to have been 
| taken out of context. In fact, it looks like 
| the court interpreted any time Fung mentioned 
| "stealing" to mean support for copyright 
| infringement, even if the words he stated 
| were actually suggesting something different.


Hey Whatever Happened To Those Andrew Cuomo-Backed, RIAA Agreements With ISPs To Kick People Off The Internet?

,----[ Quote ]
| It's now been over a year since the infamous 
| announcement, leaked to the Wall Street 
| Journal, that the RIAA was going to 
| effectively drop its strategy of suing 
| individuals in favor of agreements, worked 
| out between the RIAA and ISPs with NY AG 
| Andrew Cuomo adding pressure, to kick people 
| off the internet on a "three strikes" regime. 
| The whole thing sounded pretty ridiculous at 
| the time. Cuomo had absolutely no legal 
| standing to pressure ISPs into such a deal, 
| since the ISPs had every legal right to say 
| no. And, since the "leak" many ISPs have 
| insisted, quite vocally, that they have never 
| made any such agreement with the RIAA and 
| that they would never kick their customers 
| offline in such a manner. 


Copyright claim based on taping fashion show 

,----[ Quote ]
| A women's clothing company is suing Canadian 
| Broadcasting Company after a reporter for the 
| television station snuck into a New York 
| fashion show without an invitation and taped 
| the event.


Ursula K. Le Guin Resigns From Authors Guild, Because It Didn't Keep Up Its Silly Fight With Google

,----[ Quote ]
| Ursula K. Le Guin is a very famous author who 
| many people insist is one of the best -- 
| though, I have to admit never having read her 
| stuff. Yet, she is one of those who is rather 
| aggressive in policing the copyrights on her 
| work, and who does not tend to side with 
| those who believe in concepts like "fair 
| use." Most certainly, she is not a fan of 
| open culture. A few years ago, she got into a 
| bit of a scrap with Cory Doctorow, because he 
| dared to publish a single paragraph of hers 
| in a blogpost as part of a larger (positive!) 
| commentary.


Will new North Face trademark lawsuit come back to bite it in the butt?

,----[ Quote ]
| North Face has sued a company called âSouth 
| Butt,â whose slogan âNever Stop Relaxingâ is 
| a deliberate poke at the fashionable outdoors 
| clothing company's "never stop exploring."  
| South Butt's logo comes close to being a 
| mirror image of North Faceâs logo. 


Dr. Ficsor is wrong about many things - why should we believe him? 

,----[ Quote ]
| Doctor Ficsor's views have been well 
| documented for over a decade? Where? The man 
| is virtually unknown according to Google. 
| Most of the results it tosses up for his name 
| link to my virtually unknown blog! My god man 
| - didn't your teachers tell you to strive for 
| accuracy if you want to be believed? Both you 
| and Doctor Ficsor are fond of making 
| statements, without providing proof. 
| Document, document, document!
| And as to Doctor Ficsor's connections to the 
| 'copyright lobby groups', I refer you to my 
| earlier post where I came to the same 
| conclusion. Doctor Ficsor's arguments are so 
| similar to the arguments made by the US 
| Ambassador to Canada in a recent speech. 
| Which happen to be the same arguments made by 
| the Motion Picture Association of America and 
| the Recording Industry Association of 
| America. Which may not be surprising, as the 
| Obama regime is infamous for hiring RIAA 
| lawyers for sensitive positions in the 
| administration. 


Doctor Ficsor is wrong again

,----[ Quote ]
| Oh dear - here we go again. Doctor Ficsor, 
| you are quickly gaining a reputation for 
| inaccuracy. I was originally going to refute 
| you point by point, but that would have 
| resulted in another long document, and as you 
| stated, this is Christmas. I have children 
| and a wife (never mind two adorable dogs) who 
| would like to see me away from the computer 
| for a while, so I will make this short.
| Point Number One:
| You have stated that the United States is 
| compliant with the treaty in regards to 
| âTechnological Protection Measures (TPM)â. 
| According to the wording that you, yourself 
| have provided they are not. Their 
| implementation, known as the âDigital 
| Millennium Copyright Act of 1998â is 
| defective in many areas. Iâll pick one to 
| demonstrate, specifically the Kindle, an E-
| Reader marketed by Amazon. The Kindle uses 
| âDigital Rights Management (DRM)â (a more 
| accurate name would be Digital Restrictions 
| Management), another name for a TPM, to 
| prevent copying of the E-Books on the Kindle. 
| According to your reading of the treaty, any 
| legislation is supposed to outlaw 
| âcircumvention devicesâ for any TPM.


Vintage Kidsâ Books: Look Quick

,----[ Quote ]
| I have to act fast, I think. Your Wonderful 
| Beneficial Federal Government has all but 
| banned childrenâs books printed prior to 
| 1985, under the assumption that they might 
| have been printed with ink containing traces 
| of lead. So countless copies have already 
| been burned as hazardous waste, and itâs more 
| or less illegal to sell them. Never mind than 
| an almost unthinkable portion of world 
| culture will pretty much vanish over the next 
| few years due to CPSIA. The most popular 
| books will be reprinted with modern inks; 
| most will not, and will eventually be 
| forgotten.


Indian Copyright Amendments Procure Cabinet Approval

,----[ Quote ]
| The government issued a press release 
| announcing that the much awaited and 
| controversial copyright amendment bill has 
| now cleared "cabinet", a group of senior 
| ministers that represent the highest decision 
| making body of the government. Unfortunately, 
| since the winter session of Parliament is 
| over and done with, the Bill is only likely 
| to be introduced in the budget session of 
| Parliament in February 2010.


Elementary My Dear Watson....It's Called The Public Domain... Or Is It?

,----[ Quote ]
| Not surprisingly, the estate who owns the 
| copyrights tries to present the situation as 
| saying that all uses require a license. But, 
| then again, it's not like they're going to 
| tell you what's in the public domain when 
| it's in their best interest to claim that 
| nothing is. Either way, it appears that the 
| initial claim concerning the public domain 
| isn't quite the case -- and I would bet that 
| the studio that made this latest movie paid 
| for a license to avoid a legal fight. Why 
| they should have to -- especially given the 
| fact that when the content was written there 
| was no way for it still to be protected today 
| under copyright law -- is a separate (but 
| rather important) question.


Google & Media: Biting the Hand that Feeds You 

,----[ Quote ]
| Rupert Murdoch's protestations aside, there 
| is no doubt that Google is driving vast 
| amounts of traffic to websites run by 
| traditional media companies. In recent years, 
| most of BusinessWeek.com's growth came from 
| search optimization and direct traffic. Up 
| until only three years ago, the number one 
| referring domain at BusinessWeek was always a 
| portal until Google's popularity replaced 
| Yahoo Finance and MSN Money as the top 
| referrer. Search--largely Google--now 
| accounts for some 45% of the traffic at 
| BW.com, up from less than 20% in 2006. That 
| simple little box is driving vast amounts of 
| advertising inventory (and therefore revenue) 
| to the site. It's a similar story everywhere 
| else.
| In the war between the traditional media 
| brands and Google, the old cliche about 
| biting the hand that feeds you is certainly 
| in play. Some of the complaints from media 
| can be attributed to sour grapes. Many 
| incumbents resent that most efforts to find 
| information on the Web no longer starts with 
| a brand. It starts with Google which is 
| largely brand agnostic. So, in effect, Google 
| has become this massive transaction machine, 
| and as everyone knows, transactions are the 
| antithesis of relationships. If a brand wants 
| a relationship with its audience, Google is 
| getting in the way. It's how Google was able 
| to siphon nearly $22 billion last year in 
| advertising from traditional media. And it's 
| the most obvious proof that media brands have 
| diminished in value. People are more 
| routinely turning to Google to get 
| information, rather than a brand known for 
| its expertise in a given area. They'll google 
| (yes, I'm using Google as a verb) leadership 
| before going to The Wall Street Journal, 
| Fortune, BusinessWeek, or Harvard Business 
| Review. They'll google President Clinton 
| before going to The New York Times, Time, or 
| Newsweek. Why? Because they trust Google to 
| serve up unbiased results; because they want 
| to see what is generally available out there 
| and not tied to a brand, and because most 
| brands no longer wield the power and 
| influence they did years ago.
| Instead of complaining about this and 
| threatening to block Google from crawling a 
| site, media companies would do well to step 
| back and more fully understand what they 
| really need to do: rebuild the relationships 
| they have with their readers, viewers, users. 
| To offset the massive transaction machine 
| that Google is, media brands need to focus on 
| restoring relationships with users. That's 
| why "user engagement" is not an idle phrase 
| to throw around but is essential to making a 
| brand successful online. Original content 
| isn't enough. Gee-whiz tech tricks aren't 
| enough. Neither is a fancy design or a search 
| trap gimmick. You need an audience that is 
| deeply and meaningfully engaged in the 
| content of a site, so engaged in fact that 
| many of those users become collaborators, and 
| that requires tremendous amounts of work and 
| editorial involvement with the audience. 


Former Musician Now Lawyer Comes To Terms With What's Happening To His Music Online

,----[ Quote ]
| G Thompson sends in this absolutely wonderful read by law professor 
| Ben Challis, a former punk musician, explaining the mental back-and-forth 
| he went through after discovering that some of his band's old music is
| available online -- specifically discovering that some sites are selling
| unauthorized copies of it. He reacts naturally at first -- which is to
| get upset -- but then as he thinks about it some more, he begins to 
| recognize that this isn't all that productive. Eventually he seems to 
| come all the way around to realizing that this actually is really good 
| market research for him. 



Hungarian Copyright Treaty Author Insists That Those Who Don't Like
Anti-Circumvention Clauses Are 'Hatred-Driven' Maoists

,----[ Quote ]
| Now, if you're at all familiar with the 
| Maoist Cultural Revolution, to compare that 
| to those who are simply pushing for their 
| own consumer rights on copyright issues or 
| asking for actual evidence of the need for 
| increasingly draconian copyright system 
| changes, is downright ridiculous and 
| insulting. No one is acting as a 
| revolutionary, demanding "free access" or 
| any sort of "Maoist" revolution. To make 
| such a claim is pure ignorance.

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