Posted on January 31st, 2012 by Derek Bambauer
SOPA and PROTECT IP are dead… for now. (They’ll be back. COICA is like a wraith inhabiting PROTECT IP.) Until then, Michelle Schusterman has a terrific graphic about the movie industry’s predictions of doom with each new technological revolution. (Ditto the music industry: the player piano, radio, CDs, the MP3 player, etc., etc.) One reason [...]
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Filed under: Apple, Copyright, Digital Media, Filtering, First Amendment, Intermediaries, Internet & Society, Media, Music, Politics, RIAA, Video
Posted on January 18th, 2012 by Derek Bambauer
Today, you can’t get to The Oatmeal, or Dinosaur Comics, or XKCD, or (less importantly) Wikipedia. The sites have gone dark to protest the Stop Online Piracy Act (SOPA) and the PROTECT IP Act, America’s attempt to censor the Internet to reduce copyright infringement. This is part of a remarkable, distributed, coordinated protest effort, both [...]
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Filed under: Copyright, Digital Media, Education & Copyright, Filtering, First Amendment, Google, Intermediaries, Internet & Society, ISP, Media, Music, Politics, RIAA, Scholarship, Search Engines, Social Networking, Video
Posted on December 19th, 2011 by Derek Bambauer
Mark Lemley, David Post, and Dave Levine have an excellent article in the Stanford Law Review Online, Don’t Break the Internet. It explains why proposed legislation, such as SOPA and PROTECT IP, is so badly-designed and pernicious. It’s not quite clear what is happening with SOPA, but it appears to be scheduled for mark-up this [...]
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Filed under: Copyright, Digital Media, Filtering, First Amendment, Google, Intermediaries, international, Internet & Society, ISP, Media, Music, national security, Politics, RIAA, Scholarship, Search Engines, Security, Software
Posted on December 14th, 2011 by Derek Bambauer
America is moving to censor the Internet. The PROTECT IP and Stop Online Piracy Acts have received considerable attention in the legal and tech world; SOPA’s markup in the House occurs tomorrow. I’m not opposed to blacklisting Internet sites on principle; however, I think that thoughtful procedural protections are vital to doing so in a [...]
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Filed under: Blogging, Copyright, Court Decisions, Digital Media, Filtering, First Amendment, Intermediaries, Internet & Society, ISP, Media, Music, Peer Production, Politics, RIAA, Scholarship, Search Engines, Social Networking, Software, Trademarks
Posted on November 17th, 2011 by Derek Bambauer
Yesterday, the House of Representatives held hearings on the Stop Online Piracy Act (it’s being called SOPA, but I like E-PARASITE tons better). There’s been a lot of good coverage in the media and on the blogs. Jason Mazzone had a great piece in TorrentFreak about SOPA, and see also stories about how the bill [...]
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Filed under: civil procedure, Copyright, Digital Media, Education & Copyright, Filtering, First Amendment, Google, Intermediaries, Internet & Society, ISP, Media, Music, Politics, RIAA, Scholarship, Search Engines, Video
Posted on November 5th, 2011 by Derek Bambauer
The House of Representatives is considering the disturbingly-named E-PARASITE Act. The bill, which is intended to curb copyright infringment on-line, is similar to the Senate’s PROTECT IP Act, but much much worse. It’s as though George Lucas came out with the director’s cut of “The Phantom Menace,” but added in another half-hour of Jar Jar [...]
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Filed under: civil procedure, Copyright, Court Decisions, Digital Media, Filtering, First Amendment, Google, Intermediaries, Internet & Society, ISP, Media, Music, Politics, RIAA, Scholarship, Search Engines, Social Networking, Software, Video
Posted on October 26th, 2011 by Derek Bambauer
Major League Baseball has made me a pirate, with no regrets. Nick Ross, on Australia’s ABC, makes “The Case for Piracy.” His article argues that piracy often results, essentially, from market failure: customers are willing to pay content owners for access to material, and the content owners refuse – because they can’t be bothered to [...]
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Filed under: Copyright, Digital Media, Education & Copyright, Intermediaries, Internet & Society, Media, Music, Open Access, RIAA, Software, Video
Posted on October 20th, 2011 by Derek Bambauer
Mark Lemley has a smart editorial up at Law.com on the hearings at the Second Circuit Court of Appeals in Viacom v. YouTube. The question is, formally, one of interpreting Title II of the Digital Millennium Copyright Act (17 U.S.C. 512), and determining whether YouTube meets the statutory requirements for immunity from liability. But this [...]
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Filed under: Copyright, Court Decisions, Digital Media, Filtering, Intermediaries, Internet & Society, ISP, Music, Peer Production, RIAA, Search Engines, Software, Video
Posted on July 29th, 2011 by Derek Bambauer
I’ve long argued that one reason to be cautious about turning to Internet filtering as a means of regulation – of dealing with social problems such as child pornography distribution or IP infringement – is that it inevitably expands. A judge in the United Kingdom is helping me make my point: he has ordered British [...]
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Filed under: Copyright, Court Decisions, Digital Media, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, Music, Open Access, RIAA, Scholarship
Posted on July 24th, 2011 by Derek Bambauer
Round Three of the Jammie Thomas-Rasset trial is over. The recording industry both won and lost: it won on infringement, but lost on its efforts to protect the jury’s damages award of $62,500 per song (work) infringed. Judge Michael Davis of the U.S. District Court of Minnesota reduced the damages award to $2,250 per song [...]
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Filed under: Copyright, Court Decisions, Digital Media, Education & Copyright, Internet & Society, Minnesota, Music, RIAA