Premise Media Files Oppositions to Preliminary Injunction Motions

by Anthony Falzone, posted on May 15, 2008 - 11:00pm.

Today we filed our oppositions to the preliminary injunction motions filed by Yoko Ono Lennon (federal case) and EMI Records (state case). They are attached below.

Substantive Tags: Fair Use Project

Fair Use Project to Represent Premise Media Against Yoko Ono Lennon and EMI Records

by Anthony Falzone, posted on May 14, 2008 - 12:49pm.

Expelled: No Intelligence Allowed is a controversial film about a contentious issue: whether proponents of intelligent design are being unfairly silenced in academia and beyond. It has been shown on more than 1000 theater screens nationwide, and its producers have drawn praise from some circles and scorching criticism from others. Right or wrong, good or bad, it's a film that explores important issues of free speech, faith and science.

Yoko Ono Lennon has sued the film's producers in federal court because the film uses a fifteen second clip of the John Lennon song "Imagine." EMI, the record label that asserts ownership in the recording of song, has also sued the producers in state court. Both seek an immediate injunction forcing the removal of "Imagine" from the film.

Substantive Tags: Fair Use Project

Rowling v. RDR Books Trial Concludes Under Media Spotlight

by Anthony Falzone, posted on April 21, 2008 - 2:27pm.

The trial of J.K. Rowling's copyright claims against RDR Books concluded last Wednesday after three days of testimony. Full transcripts of each day's proceedings are attached below. The Hon. Robert P. Patterson will decide the case following post-trial submissions from the parties.

The trial generated a flurry of interest from press and public alike, and was covered extensively by the New York Times as well as the Wall Street Journal and other major news outlets. Here are links to some of the coverage by these, and other, publications:

Substantive Tags: Fair Use Project

4/17: FCC Hearing on Broadband Network Management Practices

Apr 17 2008 - 12:00pm
Apr 17 2008 - 7:00pm
Description: 

UPDATE ABOUT FCC HEARING ON BROADBAND NETWORK MANAGEMENT PRACTICES TO BE HOSTED BY STANFORD LAW SCHOOL’S CENTER FOR INTERNET & SOCIETY

The Federal Communications Commission (FCC) has announced the names of panelists scheduled to testify at a public hearing hosted by Stanford Law School’s Center for Internet & Society on broadband network management practices and Internet-related issues Thursday, April 17, 2008 starting at 12 noon (Pacific).

The Commission will hear testimony both from expert panelists, and members of the audience who will be permitted to speak directly to the commissioners during the public comment session.
Speakers from Stanford Law School include: Lawrence Lessig, founder of the Center for Internet and Society (CIS) and C. Wendell and Edith M. Carlsmith Professor of Law; and Barbara van Schewick, co-director of CIS and assistant professor of law.

The hearing will be held on the Stanford campus at Dinkelspiel Auditorium, 471 Lagunita Drive, Stanford University, Stanford, CA 94305. Seating is first-come, first-served, and open to the public. Doors will open at approximately 10 a.m. (Pacific). Free parking (Galvez Field), bus shuttles, and Wi-Fi will be available.

Hearing agenda and list of witnesses:
(All Pacific Time)

12:00 p.m. Welcome/Opening Remarks: Stanford Law School Dean Larry Kramer

12:45 p.m. Panel Discussion 1 - Network Management and Consumer Expectations

Introduction: Professor Lawrence Lessig, Stanford Law School

- Rick Carnes, president, Songwriters Guild of America;
- Michele Combs, Christian Coalition of America;
- George Ou, independent consultant and former network engineer;
- Jon Peha, associate director of the Center for Wireless and Broadband Networking; professor, Department of Electrical and Computer Engineering, and the Department of Engineering and Public Policy, Carnegie Mellon University;
- Jean Prewitt, president and chief executive officer, Independent Film & Television Alliance
- James P. Steyer, chief executive officer and founder, Common Sense Media
- Robb Topolski, Software Quality Engineer

2:15 p.m. Break

3:00 p.m. Panel Discussion 2 - Consumer Access to Emerging Internet Technologies and Applications

Introduction: Assistant Professor Barbara van Schewick, Stanford Law School

- Jason Devitt, chief executive officer, SkyDeck;
- Harold Feld, senior vice president, Media Access Project
- George S. Ford, chief economist Phoenix Center for Advanced Legal & Economic Public Policy Studies
- Brett Glass, chief executive officer, Lariat.net
- Blake Krikorian, chief executive officer, Sling Media
- Jon Peterson, co-director, Real-Time Applications and Infrastructure (RAI), Internet Engineering Task Force
- Gregory L. Rosston, deputy director, Stanford Institute for Economic Policy Research
- Ben Scott, policy director, Free Press

4:30 p.m. Public Comment Period

6:30 p.m. Closing Remarks

7:00 p.m. Adjournment

A live audio cast of the hearing will be available to the public on the FCC's website at: http://www.fcc.gov/realaudio/. You may also go to "FCC Meetings" from the homepage and then click on FCC Audio/Video events to access the audio cast.

Additional details about the hearing may be posted at the Center for Internet & Society: http://cyberlaw.stanford.edu.

This will be the FCC’s second hearing on broadband network management and follows a February 25, 2008 hearing at Harvard University. For contextual information about the first hearing, please see: http://www.fcc.gov/headlines.html and go to headline: “FCC En Banc Hearing on Broadband Network Management Practices, Cambridge, Massachusetts.”

The public may file comments or other documents with the Commission and should reference docket numbers 07-52 when filing by paper. To file electronically, go to http://gullfoss2.fcc.gov/prod/ecfs/upload_v2.cgi and enter proceeding number 07-52. Filing instructions are provided at http://www.fcc.gov/cgb/ecfs/

Sign language interpreters and open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request to the FCC’s Consumer & Governmental Affairs Bureau.

Free parking is available in the Galvez Field at Galvez & Campus Drive East. From there take a free Marguerite Shuttle to Dinkelspiel Auditorium. (Directional signs will be posted.)

See our announcement in the Stanford Law School news center (www.law.stanford.edu/news), which includes a PDF parking map for this event. Additional campus directions & maps: http://www.stanford.edu/home/visitors/maps/

Instructions for free, secure Wi-Fi access will be made available in the auditorium. Generators will supply electrical power for laptops.

Press should contact Judith Romero for entry /seating questions. TV crews should call about truck set up outside the event.

PRESS CONTACTS:

Stanford Law School:
Judith Romero, judith.romero@stanford.edu, 650.723.2232, www.law.stanford.edu/news

FCC:

For press: Robert Kenny at 202-418-2668 or Clyde Ensslin at 202-418-0506,
http://www.fcc.gov

For accessibility and similar accommodations: call 202.418.0432 (voice) or 202.418.0432 (TTY); or send email to fcc504@fcc.gov

Rowling v. RDR Books Trial Set For April 14

by Anthony Falzone, posted on March 11, 2008 - 3:07pm.

The Court has put this case on the proverbial fast track by combining the hearing on the preliminary injunction motion filed by Ms. Rowling and Warner Brothers with the trial on the merits. The trial is scheduled to begin on April 14 at 9:30 am.

The trial will be open to the public, and will be conducted before the Honorable Robert P. Patterson in courtroom 24 of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., New York, NY 10007.

Substantive Tags: Fair Use Project

New York Times Explains How Rowling's Tight Grip Chokes Creativity

by Anthony Falzone, posted on February 10, 2008 - 9:30am.

We agreed to help represent RDR Books in its litigation against J.K. Rowling because she asserts rights that go far beyond those the Copyright Act gives her, and in doing so threatens to stifle the long-established rights of others to discuss her work, or that of other authors.

In Saturday's New York Times, business columnist Joe Nocera shines a light on exactly this point. In doing so, he provides a fantastic explanation of how important this case is, and why it's part of a larger, and very important, conflict.

Read the article here.

RDR Files Opposition To Rowling's Preliminary Injunction Motion

by Anthony Falzone, posted on February 10, 2008 - 8:47am.

On Friday, we filed our opposition to J.K. Rowling's motion to enjoin publication of the Lexicon. In our brief, we explain both why the Lexicon is the sort of important and transformative work that fair use has long protected, and why Ms. Rowling is not entitled to the injunction she seeks.

FCC May Allow Unlicensed use of 'White Space' Spectrum

by Lauren Gelman, posted on March 13, 2007 - 12:55pm.

Techdirt reports that the Federal Communications Commission may start to allow unlicensed uses in so- called "white space spectrum." WSS is the buffer zone that used to be necessary around broadcast analog spectrum to make sure there was no interference. Finally, the FCC is starting to recognize that technology has made (and will continue to make) interference less of a problem. Therefore, locking up all the best spectrum so that your analog TV channels will work is not the best use of a valuable public resource.

This is a dangerous road for the FCC so you can understand their reluctance. In fact it might just put them out of business. If interference disappears they lose their constitutional justification for selling spectrum at all. In Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969) the Supreme Court found that it did not violate the First Amendment for the FCC to choose speech winners and losers when they sold exclusive rights to use spectrum at auctions because having some people able to speak was better than allowing everyone to speak at the same time and noone be heard because of the interference. (upholding a FCC rule that required broadcasters to provide a right of reply under certain circumstances.) As technology drops the interference factor to zero, the FCC's spectrum auctions continue to lose their First Amendment bona fides.

We had a conference on this issue 4 years ago. It is nice to finally see some concrete movement from the FCC.

Substantive Tags: infrastructure

Digital Identity Syllabus

by Christoph Engemann, posted on May 14, 2008 - 5:06pm.

In spring 2007 I taught a class on Digital Identity in the STS Progam at UT Austin. Please find my syllabus attached below. I'd be very thankful for comments and suggestions.

Free tags: Digital Identity

Microsoft and Yahoo: Where Were the Mediators?

by Colin Rule, posted on May 13, 2008 - 8:26am.

David Hoffman in the 5/12 Christian Science Monitor: "When Microsoft CEO Steve Ballmer met with Yahoo CEO Jerry Yang earlier this month, what kept them from making a deal? With Microsoft offering $33 per share for Yahoo's stock, and Yahoo willing to take $37, was there truly an unbridgeable gulf?