Droit d’auteur (bis)

La Grande Rousse récidive:

Thot nous offre un tout petit article, signé Manuel Rulier, sur les droits d’auteur au Canada. Petit, certes, mais truffé d’hyperliens vers une bonne poignée de ressources et de documentation sur les droits d’auteur. Un seul bémol, de « copyleft» et de licences de type « Creative Commons» (documentation en anglais) ou « art libre», nul mot. Par contre, j’y ai dégoté un glossaire du guide canadien des droits d’auteurs offert en français ou en anglais.

Tout savoir sur les droits d’auteur. (Je trouve le titre un tantinet ambitieux, mais bon…)

Et le document dont il est question, gracieuseté de Strategis.

[Les coups de langue de la grande rousse]

The Digital Signature Law Survey

The Digital Signature Law Survey was updated on 12 February 2003.
The Digital Signature Law Survey is a project by Simone van der Hof. The Digital Law Survey presents an overview of existing and proposed legislation with respect to electronic authentication and more specifically digital signatures.

This survey is similar to the Crypto Law Survey, which is maintained by Bert-Jaap Koops. The Crypto Law Survey deals with restrictions on the use of cryptography for law enforcement purposes (e.g. import/export controls).

Lexmark, DMCA, Adobe

Disclaimer: I’m a Postscript snob.

Old news: Lexmark has been trying to use the DMCA to forbid third parties to make toner cartridges compatible with their printers. Apparently, since there is some sort of chip on the cartridge, that makes it DMCAable… (pronounce like DDOSable)

Late night induced flash: My limited experience with a Lexmark printer was a small Optra that had, I remember clearly, Emulated Postscript.

Not a genuine licenced Adobe Postscript engine mind you, but a hack, a bastard offspring of reverse engineering and interoperability exceptions that allowed Lexmark (and a bunch of other makers of cheap printers) to thus avoid paying a cent to Adobe in royalites.

So it’s not ok for others to make compatible consumable, but it’s fine to reverse engineer a PS engine?

Adobe has shown creativity in the past with DMCA stunts. I think that due to the growing acceptance of such stunts, it would be an interesting one to pull. Oh? PS does not have an anti-circumvention device?

Shrug… When I did attempt to debug a .ps file by hand… It sure looked cryptic enough to me.

EC allows music downloading in antipiracy proposal

You’ve seen the IDG story at ITWorld (ok maybe not) and at Maccentral (I’m sure Fleecy noticed). But no one bothered to link to the original document. Quite frankly, I didn’t bother to look it up myself (or repost the same story here) until Cla pointed it out to me (that’s the press release, here are the documents of the commission). As always, thanks.

Let it be noted that despite the title of the IDG article, this proposed directive aims to fight counterfeiting and piracy and it’s content it totally coherent with those goals. e.g. Criminal liability for intentional and serious infringement. It does seem to mostly target large scale counterfeiters; they do qualify it as containing « TRIPS plus » rules.

I don’t pretend to be able to understand the EU style of redaction for the directives, but as far as downloading is concerned, the FAQ states:

Q. Will this Directive mean that young people using file swapping software via their PCs will be held liable for IPR infringement?
A.The proposed Directive would not introduce tougher sanctions against individuals downloading the odd track for non-commercial purposes, though it would not stop Member State authorities from introducing and applying tougher laws.The scope of this proposal covers infringements carried out for commercial purposes or which cause significant harm to the rightholder.File swapping may be considered a copyright infringement depending on the national law in question.This proposal only covers illegal acts, where authorisation has not been given by the rightholder or where the appropriate remuneration has not been paid for the use of that piece of intellectual property.Exchanging illegal content over the internet is an illegal act, or an infringement of copyright if it relates to music files.[…]

Shifting job market

The one thing that always bothered me about the law (as in the job) is that it’s not easily exportable.

I guess the same is true for all professionals but I’ve always felt law was extremely local in a way. Fizzz points me out this article about the new global job shift which makes me wonder if it’s not a good thing after all.

Meanwhile, the timing in interesting: I’m wondering where to apply for jobs. Apart from the « apply everywhere and see what happens », I’m split between the public sector / law firm / private corp debate and the big place / small place dilemma and the Montreal / wherever choice. Yeah, I’m optimistic: I assume I’ll be able to choose. Time will tell. Having all options theoretically open makes for some interesting reflexions on one’s goals in life though. I hate it.

[yeah, I think it’s on /. too]

Google’s speech

Sniter points out that the recent Search King decision involving Google’s Page Rank technology could be viewed as the acknowledgement by the court that Google’s discretion in the construction of the Page Rank represents the expressive nature of such code.

Accordingly, the Court concludes that Google’s PageRanks are entitled to First Amendment protection.

Code is speech. It’s like a mantra. Chant early, chant often

LawMeme’s initial coverage and reaction to the decision.

A radical rethink

The Economist on copyrights

Digital technologies are not only making it easier to copy all sorts of works, but also sharply reducing the costs of creating or distributing them, and so also reducing the required incentives. The flood of free content on the internet has shown that most creators do not need incentives that stretch across generations. To reward those who can attract a paying audience, and the firms that support them, much shorter copyrights would be enough. The 14-year term of the original 18th-century British and American copyright laws, renewable once, might be a good place to start.

Hey, why settle for less?

[Via Lessig]

Update: actually, the whole serie titled « Survey: the internet society » is quite interesting. It starts with « Digital Dilemmas« .

Good art is good PR: Artists..

An interesting take on the evolution of culture and copyright

Good art is good PR: Artists used to be sponsored by the very rich, partly so that the patrons might be remembered by their association with a work of art valuable (and preserved) for its own sake. Today’s artists are sponsored by middlemen (broadcasters, content providers, music publishers, etc.) to create content for its own sake, which is then bundled with advertisements and sold or otherwise distributed to the public – but in a copyright-controlled fashion.

Coming soon to our universe: advertisers who sponsor art where « product placement » is an integral feature of the art itself. Check out www.bmwfilms.com as an example of cool content that wants to be free – and freely distributed. Will this kind of art outlast the product?

[via Bill Fitler’s HeisenBlog]