Happy 4th Annual Fair Use Day July 11, 2008
Can Copyright and the DMCA be used to silence critics? October 13, 2007
A couple of weeks ago I wrote about AT&T’s terms of service that included termination of your service if you said critical things about them. After a great deal of criticism AT&T has changed their terms of service. It now reads in part:
5.1 Suspension/Termination. AT&T respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns.
This is not the last we’re going to see of corporations trying to censor their critics on the internet though. Not by a long shot. The law firm Dozier Internet Law is demanding that InfomercialScams.com take down negative consumer comments about DirectBuy. Dozier Internet Law claims they are specialists in a list of things including getting “websites pulled down without notice“. They don’t think the public should be able to express their opinion if they think “DirectBuy is a scam“. Worse yet, Public Citizen is being threatened with copyright violations for posting the threat letter claiming copyright on that too! I don’t know if DirectBuy is a scam or not but I read the comments on InfomercialScams.com and I can see why DirectBuy would want to erase them from the Internet.
These sorts of cases are becoming all too common but here’s something to keep in mind. “The Net interprets censorship as damage and routes around it.“
Support Creative Commons October 6, 2007
Creative Commons (CC) is holding their 2007 fundraiser now through Dec 31st and they need your help. Creative Commons licenses enable artists (an artist is you!) to grant some or all of their rights to the public while retaining others as opposed to an “all rights reserved” copyright. For example you can grant your fans the right to download your works for non-commercial uses as long as they give you credit, or not, it’s up to you. Creative Commons was officially launched in 2001 by Lawrence Lessig (wiki). Today there are many millions of works licensed under Creative Commons and that number is growing fast.
There’s a lot more to the Creative Commons web site than just Licenses though. CCmixter “is a community music site featuring remixes licensed under Creative Commons, where you can listen to, sample, mash-up, or interact with music in whatever way you want.” There are tens of thousands of samples and tracks from artists and recording labels like the freesound project, Magnatune, Fort Minor and more. All available for download legally, for free.
There are many more projects and tools on their Projects page and while you are there, think about supporting Creative Commons with a donation or buy some geek gear.
Fair Use industries add $4.5 trillion to economy September 16, 2007
We hear about the millions of dollars the entertainment industry claims to lose due to unauthorised use of copyrighted material all the time. But how much does fair use contribute to the economy? A lot, that’s how much! A new study commissioned by the Computer and Communications Industry Association (CCIA) found that fair use enabled industries to add 4.5 trillion dollars to our economy in 2006.
“With more than $4.5 trillion in revenue generated by fair use dependent industries in 2006, a 31% increase since 2002, fair use industries are directly responsible for more than 18% of U.S. economic growth and nearly 11 million American jobs. In fact, nearly one out of every eight American jobs is in an industry that benefits from current limitations on copyright.”
That’s a good deal more then the measly $819 billion “core copyright industries” generated in 2005. It stands to reason that strengthening fair use rights will generate more jobs, more money, and lead to a stronger economy. Head over to the CCIA web site to read the full press release. There’s more (and better) coverage at Ars, BoingBoing, and the Defend Fair Use web site launched by the CCIA.
MediaDefender Busted September 15, 2007
Our friends over at torrentfreak recently discovered a huge cache of internal emails that were made public from MediaDefender. The sole purpose of MediaDefender’s “Miivi” site was to trick people into uploading copyrighted material, and bust them for it. These emails discuss everything from Miivi to fake torrents.
From the TorrentFreak article:
“When TorrentFreak reported that Media Defender (MD) was behind the video site MiiVi, they cast doubt on us. Now, in what is surely the biggest BitTorrent leak ever, nearly 700mb of MD’s emails have gone public. When MD’s Randy Saaf found out we rumbled MiiVi he said, “This is really f***ed.” This is too, but much more so.”
So give it a read, it’s very enlightening stuff.
Viacom steals video, issues take down notice to the artist August 30, 2007
Christopher Knight made a video as part of his campaign for Rockingham County Board of Education and posted it on Youtube last fall. A little over a month ago the cable network VH1 took the video he made from Youtube without permission and used it in their for-profit television show Web Junk 2.0. Knight wasn’t upset about that. He was pleased that so many more people got to see his work than he expected. So he put a clip of the VH1 segment showing his own video on Youtube.
Yesterday he got a letter from Youtube. It seems that Viacom had the clip containing the work they pirated taken down for copyright infringement.
Dear Member:
This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Viacom International Inc. claiming that this material is infringing:Web Junk 2.0 on VH1 features my school board commercial!:
http://www.youtube.com/watch?v=ddyVQwpByug
On his blog Knight brings up questions we all should be asking. “What does this mean for independent producers of content, if material they create can be co-opted by a giant corporation without permission or apology or compensation? When in fact, said corporations can take punitive action against you for using material that you created on your own?” Vaicom is heavy handed in it’s copyright infringement patrol but they don’t seem to have a problem violating copyright them selves. It’s not just fair use thats under attack these days. We the people are too.
US Pirate Party announces registration in Utah August 10, 2007
The state of Utah is one step closer to having another officially recognized political party. The Pirate Party of the United States announced they are accepting statements of support in the state of Utah. This is a first step in the registration process to become officially recognized as a political party. The party has until February 2008 to gather the 2000 signatures of registered voters required making Utah the first state in the US to have a state Pirate Party.
Andrew Norton, spokesperson for the Pirate Party said “Voters in Utah are now one step closer to being able to voice their opinions on the key issues our party stands for” .
Fair Use Day supports The Pirate Party of the US and their efforts in Utah. If you would like to support them get involved, learn about the issues, and join the forum.
Free Download 10, “Good Copy, Bad Copy” August 2, 2007
The folks that produced the documentary “Good copy, Bad copy” have released it as a free download (link to Pirate Bay torrent) Thanks /.
This is a great film about our culture in the digital age and the impact copyright law has on artists today. This is a must see film which includes interviews with Girl Talk, Danger Mouse, Lawrence Lessig and more.
….No, but I did get sued by a Holiday Inn last night July 25, 2007
If you use images of a Holiday Inn from this web site for any reason you can get sued. This is another example of idiotic copyright notices that ignore copyright law and seek to restrict any and all use of even the worst quality material. The images have text that read “No use without permission of InterContinental Hotels Group.”
This post is an example of fair use. It’s criticism of stupidity.
(previously on fair use day Copyright is broken)
Welcome Back, Potter July 21, 2007
Parody is an example of Fair Use. This video is a perfect example of parody. If you are a fan of the Harry Potter series and old enough to remember Welcome Back, Kotter you will get a chuckle from this video. There are lots of other well known examples of parody in our popular culture. Television shows like The Simpsons, SNL, or South Park are other examples of works that make extensive use of Fair Use to create new works based on other peoples creative talent. The web is overflowing with such things. Can you imagine how barren our culture would be without Fair Use? Thanks BB!
It’s Fairuseday! July 10, 2007
Well it’s that time of the year again so get out and celebrate your rights. We have had a big fairuse year to date. With EMI dropping DRM from their music catalog and Apple agreeing to sell it, the take down of AACS protection and its continuing battle against ‘the bad guys’, to the still ongoing debate over net neutrality. It has been a turbulent year with many small victories along the way. There is still a long way to go to ensure that our rights remain with us as the recent stories about ATT with their claims that a non-neutral net needs less bandwidth have shown. So keep copying, keep making parodies, and keep expressing your rights.
Some links on todays event:
http://www.boingboing.net/2007/07/10/happy_fair_use_day_j.html
http://arstechnica.com/news.ars/post/20070710-did-ya-know-its-fair-use-day-july-11-2007.html
http://torrentfreak.com/3rd-annual-fair-use-day-arrives/
http://www.pirate-party.us/node/366
We couldn’t very well call ourselves fairuseday without a post on this May 1, 2007
09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63-56-88-c0
More on the story…
BoingBoing Digg users revolt over AACS key
BBC DVD DRM row sparks user rebellion
Slashdot Censoring a Number
C|Net Unhappy Digg users bury site in protest
YouTube Oh Nine, Eff Nine (nice musical version!)
… and many many many more
Forbes Digg’s DRM Revolt
Wikipedia HD DVD encryption key controversy
Flickr set Censorship … meh
xkcd Code Talkers
EFF 09 f9: A Legal Primer
Ars AACS LA: Internet “revolt” be damned, this fight is not over (hahaha, you’re damn right it’s not!)
TLF Digg, Network Neutrality, and the Long Tail
Freedom To Tinker Why the 09ers Are So Upset
BoingBoing Juggling monkey makes ape out of AACS
Userfriendly.org HD-DVD Sudoku
ThinkGeek Meeting notes from a recent hypothetical meeting in the AACS-LA* office.
John Perry Barlow, call for massive civil disobedience January 6, 2007
Netzpolitik did an interesting interview with John Perry Barlow, EFF founder and song writer for the Grateful Dead and the String Cheese Incident, following Larry Lessig’s most excellent keynote (video) from the 23C3 hacker conference in Berlin. The interview came after a debate with Lessig during the Q&A where Barlow suggested that massive civil disobedience may be the only way the public can crash the broken restrictive copyright system we have now. He does make a good point. Here is part of the transcript from the interview,
“My view is if we just keep pressing the system where it breaks, eventually the system is so broken and so obviously broken that there’s no choice but for people to start evolving another economic model. And that’s actually what’s already happening. Rather rapidly. […] if you wanna share something - share it. If you wanna use something - use it. Try to do so ethically in the sense that, you know, don’t take things without attribution, attribute. Make sure that the people who did create actually have the opportunity to get some enhanced reputation […]pay no attention to these people when it comes to being creative. Go ahead and do the stuff that Larry showed in the beginning of his talk and do lots of it. And every time they put a lock on - break it. And every time they pass a new law - break that. You know. Sooner or later they’re dealing with such a massive level of civil disobedience that they have to address it. And that’s where we’re headed in a, I think, a hell of a hurry.”
I don’t know for sure how to fix the serious problems with a copyright law that was bought and paid for by the entertainment industry but this just might work.
Copyright is broken October 1, 2006
This weekend we did a promotional Music City Tour as part of the “Day Against DRM” campaign by DefectiveByDesign.org which is happening this Tuesday, Oct 3rd (more on that in a future post). So, I picked up some stencils from the local hobby store to make signs and paint messages on the car windows. It was only after the event that I discovered I had just committed a serious violation of copyright law in front of hundreds and hundreds of on-lookers. Down at the very bottom of the stencils packaging in letters so small you almost need a magnifying glass to read it says “These designs may not be reproduced in any form“. Click image for larger view.
I’m guessing they mean any form except for fair use’s such as commentary and criticism, like this post, as well as it’s intended use as a stencil, but you can’t be too careful. People are threatened with legal action over activities as seemingly harmless as embroidery or learning to play the guitar all the time. .
30 Days of DRM with Michael Geist September 18, 2006
Michael Geist (Canada Research Chair of Internet and E-commerce Law at the University of Ottawa) has spent the last month posting “some of the exceptions and limitations that should be included in the event that a Canadian DMCA is introduced.” On each of the last 30 days he posted about one of the many pitfalls that DRM and DMCA-like laws cause for society including issues like anti-circumvention, time-shifting, educational institutions and libraries access to media, and backup archival copying. If you want a good over view of the problems with DRM read the the 30 Days of DRM.
