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Search Schizophrenia And The Doomsday Machine That Just Won't Start
Microsoft is mad because Google is trying to finalize a deal that would give it a monopoly over the right to make digital copies of orphan books. But Microsoft is apparently in talks with News Corp. to obtain a monopoly over the right to make digital copies of News Corp's websites. News Corp. is mad because its content isn't making as much money as Rupert Murdoch wants it to. So his plan is to charge money for something nobody pays for -- the right to search and index websites. Murdoch hopes Microsoft is mad enough at Google to write a giant check for something everyone gets for free.
So where does all the madness lead? Nowhere.
ACLU of Northern California Launches dotRights
The ACLU of Northern California has officially launched dotRights, a comprehensive set of materials and tools to learn about, and act upon, privacy and free speech on the Internet. Complete with an interactive village covering topics from cloud computing to e-book privacy, this website and campaign represent a game-changing resource for anyone (company, activist, regulator, or consumer) who cares about privacy and free speech on the Internet. Congratulations and great work!
PS: You can follow the campaign on Facebook and Twitter.
An Unpopular View of Google Books
I’m starting to feel like the only person who thinks the Google Books settlement with authors and publishers is a good deal. One voice that seems not to be heard, however, over the din of Google competitors, panicky law professors, and regulators who wouldn’t know a workable solution to a copyright problem (created by regulators) if it bit them, is anyone speaking for consumers.
My opinion piece today on CNET (see http://news.cnet.com/8301-1023_3-10398838-93.html?tag=mncol;title) argues that the real problem with the settlement has nothing to do with the 165-page document, which is increasingly coming to look like the sausage-making that it is.
These Hobbyists Add to Calculators, Multiplying Their Fun
The Electronic Frontier Foundation and I are mentioned in this Wall Street Journal article about TI calculator hackers and the law.
The Google Books Amended Settlement Agreement and International Works
The long-awaited Amended Settlement Agreement (ASA) was filed yesterday. The relevant documents (including the new version of the settlement and a summery of the main changes) are available here. As someone who was looking into the international law aspects of the settlement recently, one of the first places for me to look was the new definition to a “Book”, which now reads as follows:
What the Intel / AMD Settlement Doesn't Mean
Intel and AMD announced today that they were settling their many antitrust and patent disputes, with Intel to pay $1.25 billion and the two companies to cross-license the affected patents. Intel also agreed to “a set of undisclosed new business practrices,” as The New York Times puts it.
Let’s be clear what this agreement doesn’t do. It doesn’t erase the pending antitrust actions taken by the European Union and elsewhere against Intel, or the recently filed antitrust lawsuit filed in federal court in the U.S. by New York attorney-general Andrew Cuomo. (Recall that in May the EU fined Intel $1.45 billion, a judgment the company is appealing.)
FUP Withdraws From Fairey Case; Hope Remains
As reported, we are no longer representing Shepard Fairey in his dispute with The Associated Press. The events that led to this have been well-publicized; they involve Shepard's deletion of electronic files relating to the question of which photograph he used to create the Obama Hope poster, and his creation of new documents designed to make it look as though he used a different photograph.
There are lots of reasons lawyers may not be able to continue representing a client. But it's important to make one thing clear: Our decision in that regard had nothing to do with the underlying merits of Shepard's case. We believe as strongly as ever in the fair use and free expression issues this case presents, and we believe Shepard will prevail on them. The question of which photo he used as a reference simply should not make a difference, much less overshadow the merits of this important case.
Shepard has a fantastic set of lawyers representing him now, so he is in good hands, as are the important rights at stake in this case. That fact makes us profoundly happy. We'll be watching and rooting for Shepard, albeit now from the sidelines.
German Music Sampling Decision Translated
It was brought to my attention that the German high court decision on copyright and music sampling I had previously blogged on here received a fresh English translation that is now available online. (Thanks Tom Braegelmann!) It provides a highly detailed and careful exposition of the legal situation in Germany concerning music sampling and copyright law. As explained in the translators’ note:
The Bilski Case and the Future of Software Patents
My view on today’s Supreme Court case regarding business method and software patents appears on Slate.com's "The Big Money." (See http://larrydownes.com/the-bilski-case-not-with-my-digital-economy-you-d...)
This case, which concerns the patentability of a paper-and-pencil system for hedging weather risks in consumer energy prices, drew over sixty friend-of-the-court briefs, more than any other case this term.
The reason has little to do with the claimed method, which almost no one (except the inventors) seem to think deserves the denied patent.
The real issue here is the deeply troubled intersection of information age inventions and the badly broken patent system. Nearly all of the briefs are concerned that a ruling from the Court of Appeals for the Federal Circuit, if left standing by the Supreme Court, will eliminate patent protection for some if not all inventions implemented in software.
Supernova Conference - San Francisco
On December 1 and 2, Supernova will be back in San Francisco with a really great assortment of discussions (agenda) and an extraordinary group of provacative speakers (speaker list). I will be moderating a panel focused on Fair Use issues issues that will include Zahavah Levine, Chief Counsel for YouTube, and Ashlie Beringer, a litigator at the law firm Gibson Dunn and Crutcher.
There are some obvious things about fair use in copyright that are worth discussion - especially with recent issues around the news/journalism/media industry (like Rupert Murdoch's threats about content aggregation and search tools) and the on-going debates around copyright and user generated content. So, what issues relating to fair use are on your mind? What questions do you have for these panelists? What would you like to see covered by this discussion? I'd love to hear from you as we prepare for this discussion.
Spotlight on CIS
Securing Privacy in the Internet Age
Edited by Anupam Chander, Lauren Gelman, and Margaret Jane Radin.
Our Issues
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CIS Wiki
CIS welcomes your input! We have set up a wiki to facilitate collaboration and planning. You can reach the CIS wiki by clicking here.
Spotlight on Fellows
CIS Fellow Elizabeth Townsend Gard
Non-resident fellow Dr. Elizabeth Townsend-Gard is an Associate Professor of Law at Tulane University Law School. With the help of her students, Elizabeth has developed the "Durationator," an online tool and accompanying study that tracks copyright duration in the U.S. and abroad. A beta version is expected to be released in January 2009. Their progress can be followed on her blog.
CIS Publications
Cyberlaw Clinic
Cyberlaw Clinic archive.