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Microsoft Takes InPrivate Public

by Ryan Calo, posted on August 26, 2008 - 3:26pm.

Microsoft has recently blogged the details of its “InPrivate” browsing and blocking feature for IE8. InPrivate is a bona fide privacy-enhancing technology; Microsoft should be commended for taking this step. As anyone familiar with the space should realize, InPrivate also fits within and informs the complex history of the online advertising industry.

Substantive Tags: privacy

The Cartoon Network v. CSC Holdings & Cablevision Systems

by Zohar Efroni, posted on August 23, 2008 - 2:04pm.

The Second Circuit decided The Cartoon Network v. CSC Holdings & Cablevision already two and a half weeks ago. This means light years in terms of blogging, but due to its importance I've decided to take the liberty and offer a late (and somewhat elaborate) entry discussing this ruling and some of its implications. The Cartoon Network is a very significant decision and I will not be surprised to see it surfacing in many future decisions and law review articles to come. Its central import is in pinching a big hole in the balloon often referred to as the “MAI v. Peak and its progeny.” I believe that the decision will have far-reaching ramifications on the development of temporary reproduction law in the future.

An IP Checklist for Bloggers (v.1.1)

by Colette Vogele, posted on August 22, 2008 - 5:07pm.

Yesterday evening I had the pleasure of attending a Women in Consulting dinner meeting, and then speak on a panel called "Blogging Your Business to Another Level".

CIS Faculty Directors Lessig and van Schewick congratulate FCC on Comcast Ruling

by Lauren Gelman, posted on August 20, 2008 - 2:04pm.

CIS Faculty co-directors Larry Lessig and Barbara van Schewick (with Yale's Jack Balkin) separately sent letters to the FCC to commend the Commissioners on the Comcast ruling released today.

Both praised the order as furthering the FCC's policy that the Internet should function as an open platform for innovation.

Substantive Tags: infrastructure

New Media Expo 2008

by Colette Vogele, posted on August 16, 2008 - 11:43am.

I've been attending the 4th New Media Expo. This year the conference has moved to Las Vegas, which is a fun upgrade from past years. I've had a blast meeting up with friends from the past year and industry, and see how many of the businesses are growing in this still somewhat nascent field.

Jacobsen v. Katzer/Kamind – Federal Circuit Upholds a Free Software License

by Zohar Efroni, posted on August 14, 2008 - 6:50am.

As reported by Lessig and others, the Federal Circuit vacated and remanded yesterday a ruling by the Northern District of California which denied the copyright claims of an open source software developer for violations of the Artistic License. This is a landmark decision which is likely to influence all types of free licensing, including Creative Commons licenses and the question of enforceability of copyright claims upon violation of free licenses in general. Here are four quick points on the decision:

YouTube Shows Us How To Be A Good Intermediary

by Anthony Falzone, posted on August 13, 2008 - 8:41pm.

Many have worried about the role of intermediaries who provide platforms for sharing information and expression on the internet, and their sometimes profound power to make content disappear. But here is an example of one intermediary -- a big and very important one -- that did the right thing.

Students for a Free Tibet posted a video on YouTube showing their protest at the Chinese consulate in New York, which included various images relating to the Beijing Olympics, all to speak against China's human rights record -- a fair use to be sure.

The International Olympic Committee filed a DMCA takedown notice and the video was removed. Upon learning more about the content of the removed video, YouTube contacted the IOC and asked them if they really planned to pursue a claim about this [really very preposterous position] and if not, to withdraw the takedown notice. To the IOC's credit, they retracted the notice and the video was reposted within hours.

So here is an intermediary who took an interest in free speech and fair use, even when it didn't necessarily have to. Yes, that followed widespread outrage among bloggers and others. Yes, the situation would have been much tougher if the IOC had maintained its irresponsible position. But we should all be pleased to see YouTube going out of its way to do more than it's required to do under the law to protect free expression.

More U.S. Oil Drilling: A Boom for Big Oil, a Bust for Consumers

by Mark Cooper, posted on August 13, 2008 - 2:17pm.

A quick look at the winners from drilling in pristine areas.

Federal Circuit Issues Important Decision Regarding Enforceability of Free Licenses; CIS Represents Creative Commons As Amicus

by Anthony Falzone, posted on August 13, 2008 - 11:03am.

Free licenses play a vitally important role in fostering creative and collaborative use of copyrighted material. Creative Commons is perhaps the best example, with a around 130 million works under CC licenses, which tell you in advance what you can and cannot do with a work.

Some have wondered how effectively you can enforce a free license if somebody violates the terms of it. Today the U.S. Court of Appeals for the Federal Circuit -- one of the most influential in the country -- answered that question forcefully by affirming the enforceability of free licenses through infringement claims. (We represented Creative Commons and several other organizations that support free and open source licensing as amicus parties in this case.)

This is a tremendously important victory for free licensing in a tremendously influential court. Read the full opinion here.

Substantive Tags: intellectual property
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