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Author Topic: Another thread on copyright/patent/trademark law  (Read 58739 times)

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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #360 on: September 09, 2011, 08:59:54 AM »

To the best of my knowledge, the EU, Australia, and most other first-world countries have the same kind of patent nonsense that we do.
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #361 on: September 12, 2011, 07:45:35 AM »

Copyright troll asks court for permission to subpoena ISP's, decides court is taking too long, sends them out without permission, gets sanctioned and fined $10,000.  Also, a Texas judge used the phrase "Staggering Chutzpah" (which would also be a great name for a band -- we play bar mitzvahs!).

Also: the porn company's lawyer is named Evan Stone, but no, he is not THAT Evan Stone.
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McDohl

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Re: Another thread on copyright/patent/trademark law
« Reply #362 on: September 12, 2011, 09:53:24 AM »

Copyright troll asks court for permission to subpoena ISP's, decides court is taking too long, sends them out without permission, gets sanctioned and fined $10,000.  Also, a Texas judge used the phrase "Staggering Chutzpah" (which would also be a great name for a band -- we play bar mitzvahs!).

Also: the porn company's lawyer is named Evan Stone, but no, he is not THAT Evan Stone.
Quote
Update: Stone tells me by e-mail, "After three rewrites, I finally decided I'm just going to have to let Justin Bieber do my quoting for me: 'Whenever you knock me down I will not stay on the ground.'"
:pfflol:
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #363 on: September 13, 2011, 12:21:13 PM »

MacNN: Filesharing service sues Warner Bros. for copyright fraud

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Hotfile accuses the Warner Bros. of using the hosting company's anti-piracy tools to remove titles the studio doesn't own, including open source software.

[...]

A spokesman for Hotfile claims the studio was warned repeatedly about using the site's anti-piracy mechanisms to remove content that Warner did not own. Hotfile developed the tool to allow copyright holders to protect their intellectual privacy. The company says Warner went far beyond the intended use, removing open source and public domain titles, and even game demos. Each time Hotfile's Special Rightsholder Account (SRA) is used, the account holder must certify "under penalty of perjury" that it is the authorized legal representative of the copyright owner and "has a good faith belief" that the use of the material has not been authorized.

For example, while claiming to remove files that are copies of the movie The Box, Warner removed several files related to the alternative cancer treatment book “Cancer: Out Of The Box,” by Ty M. Bollinger. Another title deleted by Warner was “The Box that Saved Britain,” a production of the BBC, not Warner.
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Mongrel

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Re: Another thread on copyright/patent/trademark law
« Reply #364 on: September 13, 2011, 04:15:47 PM »

DELICIOUS! :glee:
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Amuro Ray

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Re: Occupy Wall Street
« Reply #365 on: October 28, 2011, 10:02:31 AM »

There go the lets plays, oh and the protests too.  ::(:

I don't know the name of the bill, so I'm posting a article here instead, I don't have all the info cause it was posted to me on facebook.

Some provisions in the bill would make it a “felony to stream unlicensed content — including cover band performances, karaoke videos, video game play-throughs, and more.”
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #366 on: October 28, 2011, 10:31:09 AM »

Moved over here since this is clearly more about copyright law than OWS.

EDIT TO ADD: Cute that the article you linked sticks "Republican controlled Congress" in the first sentence when in fact the bill is sponsored by a Democrat.
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NexAdruin

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Re: Another thread on copyright/patent/trademark law
« Reply #367 on: October 28, 2011, 12:23:38 PM »

Is there really a difference?
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Pacobird

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Re: Another thread on copyright/patent/trademark law
« Reply #368 on: October 28, 2011, 12:36:23 PM »

haha worst article

"Republican-controlled Congress" is pushing a Copyright-protection bill!  Clearly this is to quash to Ocuppy protests; never mind that this bill emerged from committee without amendment, which is a stage it takes most bills months to reach as it is, on July 22.

I would link to a stream of "I'm Just a Bill" from Schoolhouse Rock but FELONY
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #369 on: October 28, 2011, 12:47:26 PM »

Is there really a difference?

Well, the person who wrote the article seems to think so.  It's adorable.

"Republican-controlled Congress" is pushing a Copyright-protection bill!  Clearly this is to quash to Ocuppy protests; never mind that this bill emerged from committee without amendment, which is a stage it takes most bills months to reach as it is, on July 22.

In fairness, it doesn't actually say that that's the bill's intent, just that it could be one of its consequences.

Which still doesn't excuse the ridiculous partisan slant.  (It's got "Republicans" in the tags at the bottom, too; no "Democrats" of course.)  Copyright overreach, like censorship, is one of those things that partisans like to blame the other party for despite the fact that it's clearly a bipartisan problem.
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Brentai

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Re: Another thread on copyright/patent/trademark law
« Reply #370 on: October 28, 2011, 01:18:32 PM »

Copyright lies at the crossroads of censorship and DRM.
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Rico

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Re: Another thread on copyright/patent/trademark law
« Reply #371 on: October 28, 2011, 02:29:58 PM »

haha worst article

"Republican-controlled Congress" is pushing a Copyright-protection bill!  Clearly this is to quash to Ocuppy protests; never mind that this bill emerged from committee without amendment, which is a stage it takes most bills months to reach as it is, on July 22.

I would link to a stream of "I'm Just a Bill" from Schoolhouse Rock but FELONY
"And I wanna make it legal for policemen to beat 'em 'cause there's limits to our liberty, at least I hope and pray that they are, you know those liberal freaks go too far."
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #372 on: November 15, 2011, 07:46:03 AM »

Company called ReDigi is set up to "resell" "used" iTunes downloads; RIAA is, as you might guess, not amused.

ReDigi's argument hinges on the loophole that the iTunes EULA doesn't use the word "license", claiming that it therefore doesn't impose any additional restrictions on top of standard copyright law.

RIAA's argument, therefore, hinges not on the standard "it's a license; you don't own the track" argument, but on the fact that the file has to be copied and therefore you're selling an unlicensed copy, not the copy you own.

Don't know what the lawyer perspective is in all this (I have certain guesses about what TA is going to say and what Paco is going to say), but the technical one is that the "copy of a copy" distinction is completely fucking meaningless.

Leaving aside that a song is copied to memory and then deleted every single goddamn time you play it, and that a typical iTunes user has two copies of every song (one on the computer and one on the iPod), the concept of an "original copy" is meaningless on a computer.  If you defrag your hard drive, you've copied the bits to a different location; the "original" is gone.  Back up your library, reinstall Windows, restore?  Well, even assuming the backup was legal (and in the case of iTunes, it probably is, as no decryption is required to copy a file, just to play it), you're now working with a copy of a copy (of a copy of a copy of a copy, quite possibly).

The entire concept of a "move" on a computer is an abstraction.  There's no such thing.  There's a copy/delete (where "delete" itself is an abstraction for "mark as okay to overwrite"), and there's rewrite location information.

The copy/delete operation that ReDigi relies on is functionally equivalent to the move operation you perform when you move a file from one partition to another.

Of course, the flipside of this is that ReDigi's argument that it "deletes the original file" is bullshit.  I don't know enough about how FairPlay works to categorically state that it's impossible for ReDigi to de-authorize your DRM'ed music so it won't play under your account anymore, but that frankly seems unlikely, and, moreover, Apple's been selling DRM-free music for years at this point.  You deleted the file from the iTunes directory?  Great.  Did you delete every copy from the hard drive?  From ALL the hard drives?  From all mounted CD's and memory sticks?  From all UNmounted CD's and memory sticks?  From CD's and memory sticks that are not currently in the computer?

From, oh, I don't know, the user's iPod?
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Pacobird

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Re: Another thread on copyright/patent/trademark law
« Reply #373 on: November 15, 2011, 09:15:37 AM »

I am actually in favor of ReDigi on this one.  What's good for the goose and all; if we are going to hold consumers accountable to the letter of massive EULAs they don't read, we damn well better hold the people who draft them accountable, as well.

That said, the RIAA clearly got screwed by somebody here and they might have a better suit against Apple, since it's Apple's shoddy contract drafting that's allowed their IP to be used in this way.  That the RIAA's attorneys almost certainly realize this and are going after ReDigi and not the wealthiest corporation in the world is a pretty good example of everything wrong with the American legal system.
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #374 on: November 15, 2011, 10:07:40 AM »

Weeeeeeell, it's not really surprising that they're trying to define copying as broadly as possible.  They've claimed in the past that ripping CD's is itself illegal (though as far as I know they've had the sense not to take that claim to court).

I wouldn't be surprised if they went after Apple if this tack fails.  But it most likely won't be in court.
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #375 on: November 22, 2011, 08:20:59 AM »

Doctorow once again points out a bunch of shit that should be obvious, viz that not enough movies are readily available online, they're spread across too many different services requiring different credentials, they're overpriced, and all these factors contribute to piracy.  And that, not incidentally, copyright law is currently based around an evidence-free approach.

The story's about the UK industry, but things don't look a hell of a lot different on this side of the pond.
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #376 on: November 30, 2011, 11:59:46 AM »

So here's a fun one.

Ars has been reporting, for the past several months, about an organization called Medical Justice that various doctors have been using to stifle online criticism.  The gist: you sign a contract granting copyright on any reviews you write to doctors.

Well, unsurprisingly, there's now a class action, and it's already paying dividends: MJ has decided to stop including that clause in its contracts.
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #377 on: November 30, 2011, 01:45:35 PM »

MAFIAAFire updated to circumvent domain bans.

Quote
Putting the add-on to work only requires two clicks and is completely free.
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #378 on: December 01, 2011, 11:42:08 AM »

Today in Big Content hypocrisy: Dutch copyright group hires artist to write anti-piracy song, pays him for a single use, puts it on tens of millions of DVD's without compensating him further.  Royalty collecting agency offers to help him -- if he'll sign away 33% of the royalties and the rights to the song.

Related: the largest copyright settlement in Canadian history was recently reached.  The pirate?  Warner Music, which sold a few hundred thousand songs it didn't own the copyright to.  What's that, Warner?  You think old songs shouldn't be covered by copyright years after the original artist has died?  Huh.  How 'bout that.

I think it's about time to ditch all pretense of Big Content being anti-piracy.  Big Content is anti-anything that cuts into Big Content's bottom line.  Which means they're pro-piracy as long as they're the pirates.
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Thad

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Re: Another thread on copyright/patent/trademark law
« Reply #379 on: December 01, 2011, 02:50:09 PM »

Oh hey, it's DMCA Exemption Time again.

Ars says that Public Knowledge is pushing for the right to rip DVD's, and is soliciting messages from people who have examples of occasions when they've been inconvenienced by the ban.  I can probably produce a couple.  For example, the software for playing DVD's under Linux is illegal.
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