Some things are essentially 2 sides to the same story.

MS EULAs vs the GPL
DVD CCA vs Gnutella
DRM vs privacy rights

What if TCPA focused on serving both sides of the issue? Just a thought .

For all of you who went through numerous sleepless nights trying to figure out the exact legal status of image search engines such as the one offered by Google, fear no more, we have received the long awaited answer from our superior leader.

The DVD CCA has failed to select (as it had planned) a « Consensus Watermark » from among watermark technologies submitted by…

That tidbits just won a footnote in my thesis

[via Consensus at Lawyerpoint]

Those who know me might understand why this CNET article makes me smile. Hint: I am quite familiar with the struggles another standardization organization has about the same issues.

It is a very tough and interesting issue, mostly from a policy point of view, as the legal issues are fairly simple (as long as everyone accepts the existence of software patents).

Now, arguably patents and royalties on telecom equipment are not quite in the same league as IPR encumbered software elements intended for mass distribution and adoption. Interestingly, the ITU could do both, therefore the consequences of a uniform IPR policy for recommendations will be significant.

[Update: when one of your pages is the first result on Google for a typo it’s time a) to learn to spell and b) to correct it]

There is a conference about blogging at Yale law school. It’s free. And I don’t think I’ll be able to go.
But, the speakers list make me discover some websites I didn’t know about, so all is good.

Netmeme has an article, which is an answer to a Doc Searls’ article. Netmeme states that stong DRM is linked to the possibility of having control over digital identity.

I find this interesting since I consider a strong and broad interpretation of copyrights, like those used in some EULAs, go hand in hand with the existence of licences like the GPL, which are based on an equally strong interpretation of those same copyrights. We basically have a parallel dilemma: TCPA vs Strong Identity and EULAs vs GPL. Two pairs of concepts stemming from very different ideologies that will have to coexist somehow since they are based on the same legal basis.

This is an itchy case. This trully is the new Betamax case, more so that Napster or my.mp3.com (ok, maybe not more than my.mp3.com). But anyways, if find it really pushes the envelope of frivolious whining.

LawMeme’s Ernest Miller just wrote a piece about it in the LA Times. Here’s LawMeme’s coverage.

What is it about you’ll ask? Basically someone wants to provide a way to modify the palyback of a DVD. Skip or rearrange scenes, add comments, voice over, etc. to a movie you otherwise own. And the movie people say no way.

The only legal issue I would see would be the moral rights of the author. If such a thing ever really existed. If I decide to fast forward over the boring parts of a movie or listen to the radio while watching it, it’s my business. What are the producers afraid of? That I’ll miss a product placement?

It was a tough case to make 2 years ago. Now the Times seems to agree.

Ok, for those who were paying attention, I wasn’t saying that code was art, I was saying code was speech. The art thing was an example.

[via Salon]

All CDs will be protected and you are a filthy pirate

more details on the fate of CDs in Europe

[via The Register]

This article may be freely reproduced.
Beyong the catchy title, it is about the british implementation of the EU copyright directive. And this is actually quite relevant to my work.

[via The Register]

Net censorship bill passed.
and blocking plans for web sites advocating violent protests here and here. Hey it’s a though call… Maybe they won’t have to go to Doha next time…

[mostly via BNA ILN]

Protests Against University Network Monitoring

GrepLaw story about a letter (well documented in american law) sent by EPIC to education institutions regarding the pressures by the RIAA to see them adopt some form of monitoring of P2P activities

[via GrepLaw]

The official version.

[via Aaron Swartz]

Moi ca m’énerve un peu de voir Disney essayer d’étendre la couverte sur Mickey tout en faisait la piastre avec des oeuvres dont le droit d’auteur a expiré et en essayant de gruger sur les redevances lorsqu’il y en a. (oui oui, ce billet était pour publier ce dernier lien, les autres sont accessoires.)

[via LawMeme]

Ontario’s Office of the Information and Privacy Commissioner has put together this long, comprehensive review of changes to access-to-information and privacy across Canada between September 2001 and August 2002.
Continuer la lecture →