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[News] Copyrights Under Scrutiny Again

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Digital decay and the archival cloud

,----[ Quote ]
| Up to now, there has been one 
| characteristic of digital recordings that 
| has provided an important counterweight to 
| the fragility of digital media - it's what 
| Bollacker refers to as "data promiscuity." 
| Because it's easy to make copies of digital 
| files, we've tended to make a lot of them. 
| The proliferation of perfect digital copies 
| has provided an important safeguard against 
| the loss of data. An MP3 of even a 
| moderately popular song will, for instance, 
| exist on many thousands of computer hard 
| drives as well as on many thousands of 
| iPods, CDs, and other media. The more 
| copies that are made of a recording, and 
| the more widely the copies are dispersed, 
| the more durable that recording becomes.


Copyright 1710-2010 âFor the encouragement of learningâ

,----[ Quote ]
| The worldâs first copyright law was passed 
| by the English Parliament on 10 April 1710 
| as âAn Act for the Encouragement of 
| Learningâ.  Its 300th anniversary provides 
| a unique opportunity to review copyrightâs 
| purposes and principles.  If today we were 
| starting from scratch, but with the same 
| aim of encouraging learningâ what kind of 
| copyright would we want? 


Misguided Outrage At NY Times' Ethicist Over Ethics Of Downloading A Book

,----[ Quote ]
| First of all, the situation he was 
| discussing was one where the ebooks were 
| not even available -- so it wasn't even a 
| question of the author losing any money.


Juliet vs. Juliet: Did Someone Forget To Tell Hollywood You Can't Copyright An Idea?

,----[ Quote ]
| That's the only explanation I can come up 
| with for the ongoing lawsuit between two 
| movie studios over who can make and/or 
| release a movie about people seeking advice 
| in love by leaving letters at the supposed 
| gravestone of Juliet Capulet (of "Romeo &" 
| fame). Apparently, two separate studios 
| made movies on the topic, and one is suing 
| to stop the other from releasing the movie.


More about the Encouragement of Learning

,----[ Quote ]
| And for each book printed, "nine copies 
| upon the best paper," were to be reserved 
| for "the Royal Library, the Libraries of 
| the Universities of Oxford and Cambridge, 
| the Libraries of the Four Universities in 
| Scotland, the Library of Sion College in 
| London, and the Library commonly called the 
| Library belonging to the Faculty of 
| Advocates at Edinburgh." If delivery of 
| books did not take place within ten days 
| after receiving a demand from a library, 
| the offender was fined five pounds (per 
| book). 


More Movies Trying Out Tiered CwF+RtB Support Models

,----[ Quote ]
| The first, pointed out by rosspruden is 
| about a Spanish film called The Cosmonaut 
| which has a few unique features surrounding 
| it. Ross listed them out:
|    1. the filmmakers are releasing their 
|    work under a CC license to let others 
|    mix and reuse their film.
|    2. the film is fully funded from fan 
|    donations (so the film never needs to 
|    turn a profit)
|    3. profits are generated from sales of 
|    scarce goods
|    4. fans are allowed to invest in the 
|    project for real financial profit (not 
|    virtual profit), which isn't allowed 
|    according to SEC regulations (yet) 


First Amendment Based Copyright Misuse 

,----[ Quote ]
| We are at a crossroads with respect to the 
| under-developed equitable defense of 
| copyright misuse. The defense may go the 
| way of its sibling, antitrust-based patent 
| misuse, which seems to be in a state of 
| inevitable decline. Or - if judges accept 
| the proposal of this Article â courts could 
| reinvigorate the copyright misuse defense 
| to better protect First Amendment speech 
| that is guaranteed by statute, but that is 
| often chilled by copyright holders misusing 
| their copyrights to control otherâs speech.



Copyright and wrong

,----[ Quote ]
| The moral case, although easy to sympathise
| with, is a way of trying to have oneâs cake
| and eat it. Copyright was originally the
| grant of a temporary government-supported
| monopoly on copying a work, not a property
| right. From 1710 onwards, it has involved a
| deal in which the creator or publisher
| gives up any natural and perpetual claim in
| order to have the state protect an
| artificial and limited one. So it remains.
| The question is how such a deal can be made
| equitably. At the moment, the terms of
| trade favour publishers too much. A return
| to the 28-year copyrights of the Statute of
| Anne would be in many ways arbitrary, but
| not unreasonable. If there is a case for
| longer terms, they should be on a renewal
| basis, so that content is not locked up
| automatically. The value society places on
| creativity means that fair use needs to be
| expanded and inadvertent infringement
| should be minimally penalised. None of this
| should get in the way of the enforcement of
| copyright, which remains a vital tool in
| the encouragement of learning. But tools
| are not ends in themselves.

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