U.S. District Court Judge Susan Illston, Northern District of California, in a hearing of 321 Studios v. Metro-Goldwyn-Mayer Studios (C-02-1955.e), is reported to be substantially persuaded in favor of copyright holders as she considers whether it is fair use for consumers to continue to purchase and use a $50 (after rebate) DVD duplication software application… Continue Reading
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Category Archives: Digital Rights
Stanford Libraries Robot Based Digitization Project
This New York Times article, Library’s robot is a real page-turner, available via the International Herald Tribune, describes a fascinating, ambitious, costly, technically challenging and also interesting from the perspective of fair use, project underway at the Stanford University Libraries. Using a robotic book scanner from 4DigitalBooks, the libraries are undertaking projects to digitize their… Continue Reading
Law Journal on Public Domain Issues
From Duke University School of Law, the Winter/Spring 2003 issue of Law & Contemporary Problems has 13 full-text articles on public domain issues, including Mapping the Digital Public Domain: Threats and Opportunities and Reconciling What the First Amendment Forbids with what the Copyright Clause Permits: A Summary Explanation and Review. The articles and essays in… Continue Reading
File-Sharing Networks Victorious Against Entertainment Industry
In a 34 page decision released this afternoon that surprised many, the entertainment industry at the top of the list, Judge Stephen V. Wilson (Central District of California) “denied a request to shut down Internet song-swapping services Grokster and Morpheus.” The judge wrote, “It is undisputed that there are substantial noninfringing uses for (the) Defendants’… Continue Reading
Verizon Must Identify Customer In Privacy Case
Once again Judge John D. Bates (United States District Court for the District of Columbia) has ruled (55 page pdf) that Verizon Internet Services must reveal, within fourteen days, the name of an anonymous customer accused of using a peer-to-peer file sharing application (KaZaA) to pirate copyrighted songs. The judge’s earlier ruling of January 21… Continue Reading
Web Site Accessibility and Digital Rights
Joe Clark, author of Building Accessible Websites, published a white paper on Accessibility implications of digital rights management in which concludes, “Digital rights management, as currently designed, will harm people with disabilities and others who rely on accessibility features.” See also Fiddling with the Internet Dials: Understanding Usability. Continue Reading
The Rise and Fall of Napster
All the Rave: The Rise and Fall of Shawn Fanning’s Napster, was reviewed in the Sunday Washington Post as “a richly reported behind-the-scenes account of the rise and fall of Napster Inc., the online music-swapping phenomenon.” From the Boston Globe, see also this article by the book’s author, Joseph Menn, The Man Who Hijacked Napster,… Continue Reading
DOJ Backs Music Industry In Privacy Case
On April 18, the DOJ filed a brief with the U.S. District Court for the District of Columbia that supports the RIAA’s case against Verizon to compel the release of personal customer data of an individual who allegedly engaged in Digital Millennium Copyright Act (DMCA) violations through file swapping. The DOJ contends the government’s position… Continue Reading
Piracy, Digital Copyright and the Movie Industry
Two recent articles focusing on the digital rights controversy merit noting: The Pirates Among Us: “The entertainment industry is battling the illegal distribution of copyrighted music and movie files-and will stop at nothing to enlist your help.” Pirates and Posses: The Battle over Digital Copyright by James L. Gattuso, Bruce Mehlman, Alec French, Gary Shapiro,… Continue Reading
Appeal of Norway DVD Piracy Case Scheduled
From Reuters, this announcement that the new trial of Jon Johansen has been scheduled for December 2. He posted to the Web the code to facilitate mass copying of DVDs, and his first trial ended in an acquittal. Continue Reading
Digital Millennium Copyright and Competition
Copyright Versus Consumers’ Rights: How Companies are Using the Digital Millennium Copyright Act to Thwart Competition, March 25. From the article: “Unlike in prior DMCA disputes, the object of Lexmark’s DMCA claim is not to prevent piracy of a copyrighted work. Instead, it is to prevent rivals from offering cheaper cartridges for Lexmark’s printers. This… Continue Reading
EFF and Breaking News
The Electronic Frontier Foundation (EFF) launched a Breaking News page to notify readers about specific digital rights related issues that the organization is tracking. Continue Reading
