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Copyright Defeats? 285

Uruk asks: "Over the last few years, we've seen what looks like the victory of copyright and business interest at the expense of the consumer. There's been The DMCA, the UCITA, all of the legal wranging over DeCSS, and so on. Copyright holders can even shut your website down without doing the research about whether or not it was appropriate. Johansen did seem to be acquited of some of what was brought against him as a result of the DeCSS situation, but that was in Norway. Does anyone know of any copyright or consumer victories on the net in the last few years? Something that limits the abilities of these laws, or otherwise acts in the copyright spirit of free use? My hat is off to GNU and EFF, even Project Gutenberg. What is the status of this ongoing battle? I'm looking for the sunny side to a situation that seems littered with defeat."
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Copyright Defeats?

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  • by Anonymous Coward on Tuesday June 03, 2003 @07:08PM (#6110402)
    Reistance is futile. Hillary Rosen will copyright your children's DNA and patent the cold virus they catch that makes them sick.

    Expect to pay licensing fees when you make a baby or catch a cold.
  • Dastar vs. FOX (Score:5, Informative)

    by e ( 12832 ) on Tuesday June 03, 2003 @07:08PM (#6110407) Homepage
    Just in the past few days...

    http://www.eldred.cc/eablog/000074.html [eldred.cc]

    e;
    • And just after i spent my last mod points, this should be at five already I don't care if only 3 people have bothered to post!
      So a little off-topic now but, when will we be able to see more derivative works a la this winner. It will be quite awhile before the copyright expires on GIJoe... but thats when my derivative work will come out under a much more open licensing scheme... and i'll sell the media not the content for a nice sum since it's soooo well produced
    • Hmm, I wonder how the film in question was public domain, since WWII was only 50 years ago and not prior to the 1923? copyright cutoff. Perhaps it was U.S. Government footage, which might have been public domain?
      • Re:Dastar vs. FOX (Score:5, Informative)

        by e ( 12832 ) on Tuesday June 03, 2003 @08:04PM (#6110754) Homepage
        From the first paragraph of the court ruling:

        ---
        In 1975, Doubleday renewed the copyright on the book as the " 'proprietor of copyright in a work made for hire.' " App. to Pet for Cert. 9a. Fox, however, did not renew the copyright on the Crusade television series, which expired in 1977, leaving the television series in the public domain.
        ---

        Here's a prime example of how the Eldred Act would in fact get works into the public domain quicker. There's clear past precedent to show that companies won't hassle with renewal of works they don't find to be attractive any longer.

        e;
      • Re:Dastar vs. FOX (Score:4, Informative)

        by Zarquon ( 1778 ) on Tuesday June 03, 2003 @08:13PM (#6110797)
        Improper copyright notice or failure to renew. That's why there are a significant number of public domain films at the Internet Movie Archive [archive.org].
    • Re:Dastar vs. FOX (Score:2, Interesting)

      by Anonymous Coward
      Another link for some opinion on this, from Politech:

      http://www.politechbot.com/p-04801.html
    • by angle_slam ( 623817 ) on Tuesday June 03, 2003 @08:08PM (#6110776)
      Here is the actual Supreme Court opinion [findlaw.com] on the case.

      As for how the footage came into the public domain, they never renewed the copyright, and it expired in 1977.

      No one has really explained in detail what the case was about. Fox hired Time to produce a TV series based on a book. It was originally broadcast in 1949 and the copyright expired in 1977. Fox never bothered to renew the copyright. Dastar purchased copies of the original, public domain series, edited the footage, and sold it under their own name.

      Fox complained, of course. They used the theory that, by selling the tapes and not revealing the original source of the footage, they were "reverse passing off" the footage as their own, a violation of the unfair trade practices act.

      The court did not want to use trademark law to interfere with copyright law, and found for Dastar.

    • Re:Dastar vs. FOX (Score:5, Informative)

      by smiff ( 578693 ) on Tuesday June 03, 2003 @09:49PM (#6111309)
      I submitted this story over 24 hours ago. Slashdot still hasn't decided if they will post it.

      I don't think Fox really cared about the video. They really wanted to set a precedent to strengthen the commerce clause with respect to copyright. The Supreme Court ruled that if congress wants to expand the rights of authors, it must do so explicitly. The court can't simply take a law under the commerce clause and interpret it to grant new rights to artists.

      Dastar is not in the clear yet. The video was based on a book. Doubleday claims to hold the copyright on the book. That's up for debate. If the copyright was a work-for-hire, as the author's tax-claims would indicate, then the copyright may not have been properly renewed. The Supreme Court sent the case back to the district court to determine if the book really is under copyright, and if so, whether or not the video infringes the copyright.

      Also of interest, the EFF (along with the ALA, ACM, CCIA, and eight other organizations) filed an Amici Curiae brief [eff.org] in this case. They argued that this case was an attack on the court's rulings in Feist and Railway Labor.

      In Feist Publications, Inc. v. Rural Tel. Serv. Co., the court found that a "sweat of the brow" doctrine was not a sufficient basis for copyright protection. Rural Telephone Service claimed a copyright on their phone book. The court ruled that facts were not subject to copyright.

      In Railway Labor Executives' Ass'n v. Gibbons, the court ruled that Congress cannot avoid the particular requirements of one enumerated power by relying on another power; Congress cannot avoid the uniformity requirement of the Bankruptcy Clause by relying on the generality of the Commerce Clause.

      Copyright holders have countered the Feist ruling using laws for breach of contract, trespass to chattels, and the Computer Fraud and Abuse Act [1]. The EFF argues that the court's ruling in Railway Labor prevents congress from using the commerce clause to lock up public domain material. The Supreme Court did not specifically address the EFF's arguments, but if they had ruled in Fox's favor, as the lower courts did, this case would have been used as precedent to lock up public domain material based on the commerce clause.

      ------

      [1] The EFF illustrated their argument with four court cases:

      1. ProCD uses a click-wrap license to prevent people from copying its white-page listings. This is a direct attack on the Supreme Court's ruling in Feist.
      2. eBay used a trespass to chattels claim to prevent Bidder's Edge from grabbing public domain material from eBay's website and republishing on another site. The contents in question were facts and thus not subject to copyright under Feist.
      3. Explorica used the Computer Fraud and Abuse Act to prevent EF Cultural Travel from republishing public domain material on another web site. Once again, the materials were facts and thus not copyrightable under Feist.
      4. Register.com used a browse-wrap license, trespass to chattels, and the Computer Fraud and Abuse Act to prevent Verio from acquiring facts from Register.com's WHOIS registry. Again, Feist mandated that the facts remain in the public domain.

      In all four cases, publishers were able to demand and enforce rights which congress could not constitutionally grant.

      A key argument against the DMCA [eff.org] is that the intellectual rights did not permit congress to pass it. In Dastar v. Fox, Fox was trying to establish a Supreme Court precedent of using the commerce clause to grant powers that the copyright clause forbids. It's good to see the Supreme Court didn't fall for it.

  • Winner (Score:4, Funny)

    by clinko ( 232501 ) on Tuesday June 03, 2003 @07:09PM (#6110409) Journal
    I know of a copyright winner, it was this company named ____________

    Copyrighted name though, can't talk about it.
    • Copyrighted name though, can't talk about it.

      I recognize an attempt at a joke, but...

      Names cannot be copyrighted, but they can be trademarked. Use of a trademark to identify a company or a product is considered fair as long as the use cannot cause confusion between one company's products and another company's products.

  • Sunny Side! (Score:5, Funny)

    by Anonymous Coward on Tuesday June 03, 2003 @07:10PM (#6110420)
    The sunny side is that with Kazaa, Direct Connect, etc I've managed to fill up several hard drives worth of copyrighted material that keeps me quite happily entertained!

    Victory is ours! muhahahaha
    • by Anonymous Coward on Tuesday June 03, 2003 @07:19PM (#6110497)
      That's great. What's your Kazaa userid?
      ~not the MPAA
    • Re:Sunny Side! (Score:5, Interesting)

      by Bonker ( 243350 ) on Tuesday June 03, 2003 @08:57PM (#6111018)
      This has been modded funny, but technological advances are the real winners in the 'Copyright War' so to speak.

      It's been said that the best way to get an unjust law struck down is to enforce it rigorously. This proved *very* true during the Prohibition era. It's proving true now, as well. The fact that the country and media intrests are trying to absolutely enforce copyright edicts means that more people will see them as evil, unecessary, and ridiculous. More people will break the law willfully and let their conscience guide them instead, for good or ill.

      Napster, Morpheus, Gnutella, Kazaa, WASTE, IRC, Usenet and other P2P trading media are the logical outgrowth of this effect. They are the modernday equivalent to the 1920's 'Speakeasy' club. Everyone knows someone else who uses them, but nobody does it themselves... at least when anyone in authority is around. The fact that they can't be stomped out no matter what pressure the media industries apply is the greatest victory opponents to unfair copyright statutes can have.
    • We don't know who struck first, us or them. But we know that it was they that scorched the sky. At the time we were dependent on companies playing nice with copyright and it was believed that they would be unable to survive without an IP source as abundant as freeware, shareware, the public domain, GPL, and expiring copyrights and patents. Throughout human history, we have been dependent on goodwill to survive. Fate, it seems, is not without a sense of irony. A PC's harddrive attached to the internet consum
  • by jdcook ( 96434 ) on Tuesday June 03, 2003 @07:10PM (#6110422)
    The U.S. Supreme Court handed down a unanimous ruling [yahoo.com] allowing public domain material to be copied without crediting the source. This is a good, if small, thing.
    • The fact that the case was even brought up is a bad thing, never mind that it made it all the way te the Supreme Court. It should have been thrown out at the start as frivolous.
    • Legal plagiarism? (Score:5, Insightful)

      by RyanFenton ( 230700 ) on Tuesday June 03, 2003 @07:44PM (#6110650)
      If a student copies Shakespeare, and claims it as their own original work, it is plaigerism, and by tradition, they will get a failure on whatever assignment they plagierized on. Here, the public domain appears at first glance to be open to legal plagiarism.

      So then, this opens the debate: Is public plagiarism of public domain works a bad thing? If it could lead to new copyrights on old work, then it is definetly a bad thing for the public good... but if no evidence survived to show that the public domain work exists now in the public domain, is it not better that at least someone preserved the work, even if just to own it for life+x years? After all, the ownership of a work in the public domain cannot be defended in court, which makes the copyright directly on the work nearly useless.

      There will likely be some interesting cases that come forth from this ruling, and what happens afterward.

      Ryan Fenton
      • Re:Legal plagiarism? (Score:5, Interesting)

        by hazem ( 472289 ) on Tuesday June 03, 2003 @07:55PM (#6110709) Journal
        I'm not sure public domain is so much a matter of ownership but what you can do with it.

        If "Happy Birthday To You" were in the public domain, then restaurants could have their staff sing it to you on their birthday without paying for it. That doesn't mean they are necessarily claiming credit for it.

        As for Shakespeare, I'd be foolish to claim his work as my own. But since it's in the public domain, I'm free to put together a cast and perform it for the public without paying any royalties to his estate.

        If Mickey Mouse is ever PD, then I'll be able to make my own T-shirts and keychains without having to pay Disney any royalties. But nobody will believe me when I say I created Mickey Mouse - and even if I did, he would already be in the PD and someone else can do what they want with him, regardless of my claim.
        • Have you noticed that trying to get royalties for Happy Birthday has almost eliminated it? I simply no longer hear it. Lots of artists are going to learn from this. If they try to squeeze every penny out of every work, they will shrink into oblivion. However, those who provide quality free stuff will become popular and people will seek more good product and look for to buy. With the Internet, free online samples are more important than radio airtime. Radio simply can't be more than a promo device for
      • Re:Legal plagiarism? (Score:5, Interesting)

        by pthisis ( 27352 ) on Tuesday June 03, 2003 @08:01PM (#6110741) Homepage Journal
        Did you read the decision?

        The courts held that if there had been nothing added to the work, Dastar might not be able to claim it as their work--but since they had added nontrivial original material they were free to call it their own.

        Similar to if you wrote an adaptation of Hamlet to the modern day, or wrote your own ending for the Mystery of Edwin Drood--add your own original material and you're free to claim it as yours.

        That said, academia DEFINITELY has stronger protections on crediting sources than the law requires. That makes sense both from a standpoint of due credit (often a noncommercial researcher views credit as their primary payment for a job well done) and from an academic standpoint (interested readers can then go read the original sources and learn more about the subject or evaluation your interpretations of those sources).

        Sumner
        • That said, academia DEFINITELY has stronger protections on crediting sources than the law requires. That makes sense both from a standpoint of due credit (often a noncommercial researcher views credit as their primary payment for a job well done) and from an academic standpoint (interested readers can then go read the original sources and learn more about the subject or evaluation your interpretations of those sources).

          Also, writing papers for English is supposed to teach you how to actually write, not ho
      • Re:Legal plagiarism? (Score:4, Interesting)

        by Theatetus ( 521747 ) on Tuesday June 03, 2003 @10:00PM (#6111358) Journal
        If a student copies Shakespeare, and claims it as their own original work, it is plaigerism, and by tradition, they will get a failure on whatever assignment they plagierized on. Here, the public domain appears at first glance to be open to legal plagiarism.

        That's an academic setting, where instructors have every right to enforce plagiarism rules.

        But by today's copyright standards, every single play Shakespeare (or de Vere, or Bacon, or whoever) ever wrote would be an infringing work (playz?). He ripped off, sometimes verbatim, every single author he could get his hands on. And he did it brilliantly, producing some of the best literature in human history.

        So, yes, the public domain is completely open to "piracy", and this is a Good Thing.

    • by rusty0101 ( 565565 ) on Tuesday June 03, 2003 @08:05PM (#6110761) Homepage Journal
      One of the things to take into consderation with respect to this case is that it was not a copyright case.

      Fox made the choice of not renewing the copyrights on their material in the 1960s, so their material lapsed into the public domain.

      When they became aware of the new release of their shows, (which were edited severly and removed all traces of being published by Fox in the first place) they chose to file a trademark infringement suit.

      What the justices provided as feedback is that material that is covered under copyright can not be further covered under trademark. 'All Things Considered' last night did a piece on this, and noted that what the justices are saying is that once the copyright expires on Steam Boat Willy, aka Mickey Mouse, Disney can not prevent people from using his image and original footage via Trademark law.

      Personally I suspect this is a major part of why Disney is fighting continuously to extend copyrights. They are seriously afraid that they will be hurt by people who are fans of the original material re-using it to their own ends. While there are more than a few people who will make derogetory pieces, there will also be more than a few who will use the material as inspiration for new material that will reflect well upon Disney in general.

      I have a suspicion however that as long as the Disney company, and the Disney family exist, they will fight to get extensions on copyright.

      The primary claim behind getting extensions to copyright is that if I write the Worlds Greatest Novel, get it published tomorrow, then get hit by a bus next Monday, my kids and family should be provided for.

      Ok, I buy that, however I really think that once my kids reach the age of maturity, they should make their own way in life. As a result, I think that copyrights should have a lifetime of 30 years, or the lifetime of the author plus 18 years 9 months. (Which ever comes first.)

      Then again, that's just me. You probably have your own thoughts on the matter.
      • What the justices provided as feedback is that material that is covered under copyright can not be further covered under trademark. 'All Things Considered' last night did a piece on this, and noted that what the justices are saying is that once the copyright expires on Steam Boat Willy, aka Mickey Mouse, Disney can not prevent people from using his image and original footage via Trademark law.

        They can't prevent people from airing Steamboat Willy, but they surely can prevent people from selling Mickey Mouse

      • by cpt kangarooski ( 3773 ) on Tuesday June 03, 2003 @08:29PM (#6110864) Homepage
        The primary claim behind getting extensions to copyright is that if I write the Worlds Greatest Novel, get it published tomorrow, then get hit by a bus next Monday, my kids and family should be provided for.

        Ok, I buy that, however I really think that once my kids reach the age of maturity, they should make their own way in life. As a result, I think that copyrights should have a lifetime of 30 years, or the lifetime of the author plus 18 years 9 months. (Which ever comes first.)


        Actually, that's a terrible motive for copyright extensions.

        Because it ALMOST NEVER HELPS PEOPLE.

        The vast majority of copyrighted works have no economic value on day one. Of those that are left, only a minute fraction have economic value after a few years.

        Your widows and orphans will be amazingly fortunate to ever be supported off of your work, because most authors are not successful authors. In fact, hardly any authors are successful. Being a successful author is about as typical as winning the lottery.

        Besides which, aren't you basically saying 'fuck you' to equally unfortunate widows and orphans that have no involvement with authors at all?

        If you want to support widows and orphans, some sort of life insurance and social welfare system is going to be a ZILLION times more effective.

        So I suggest you find a better rationale. The one you've latched upon is almost never accomplished, is terribly unfair, and causes serious harm to the public for no real benefit.
        • You missed the point. The idea is not to support widows and orphans in general. The idea is that if your primary income is from sales of copyrighted works, that income should be able to continue for a time after you die to support *your* widow and orphans. The main reason to do this is to give authors a financial incentive to keep writing up till the day that they die. It's also worth noting that the net effect of this particular proposal would be to reduce copyright length by at least 50 years.

          By your
    • by geekee ( 591277 ) on Tuesday June 03, 2003 @08:36PM (#6110903)
      Actually, the ruling against Fox encourages people NOT to release copyrighted material into the public domain. Fox did so and found out that the material could be used without even crediting them. In the future Fox will be less likely to release stuff into the public domain as a result of this ruling. Although I don't find anything wrong with the ruling, I don't see how this is a victory for anyone but those who want to take material without crediting the source.
  • Streamcast/Grokster (Score:5, Informative)

    by Anonymous Coward on Tuesday June 03, 2003 @07:11PM (#6110431)
  • Victories? (Score:2, Insightful)

    by Anonymous Coward
    Victories by people without millions to lobby congress with? You've got to be joking.
    • Victories by people without millions to lobby congress with? You've got to be joking.

      Good point. I have to put in a plug for my favorite site [opensecrets.org]. Whenever our wonderful elected government makes a decision, it's interesting to check out what sorts of bribes made it happen.

      For example, check out [opensecrets.org] what the fat cats in corporate media gave to our beloved government servants in Washington. Thomas Jefferson and Patrick Henry would be so proud!

  • hah (Score:2, Insightful)

    by Anonymous Coward
    the sunny side is the money side

    you got money? .. for you, its sunny

    no money? .. welcome to the darkside

    whats with all this social debate? .. face the
    facts people - the haves have .. the have nots
    have to circumvent .. thats just the way it is.
    either that or kowtow.
  • US v. Elcomsoft (Score:5, Informative)

    by varun ( 174357 ) on Tuesday June 03, 2003 @07:19PM (#6110499) Homepage
    http://news.com.com/2100-1023-978176.html

    I thought this was pretty big!!
  • by pjrc ( 134994 ) <paul@pjrc.com> on Tuesday June 03, 2003 @07:20PM (#6110504) Homepage Journal
    I'd hardly call the UCITA a "defeat". Yeah, it passed in a couple states where it was rushed through, but in all the others it's met stiff resistance and is stalled or dead.
    • There's more information here [infoworld.com] [Infoworld] about UCITA, according to Ed Foster. In my mind, he was one of the key players to getting national exposure to the ludicrousness that is UCITA.

      Just like my garden, though, constant vigilance is required, or before we know it, the yard is full of drug dealers. (Um, was that a mixed metaphor??)

  • by taustin ( 171655 ) on Tuesday June 03, 2003 @07:22PM (#6110512) Homepage Journal
    I'm thinking that the MPAA is infringing on my copyrights on their web site. The MPAA itself has gone to considerable expense and trouble to relieve me of any and all responsibility for actually investigating that they have, and their ISP is in deep, deep shit if they don't treat the MPAA just like any other accused war criminal/infringer, if I were to complain. It'd be real interesting to see if their host has honored any takedown orders from the MPAA, before filing such an order against the MPAA itself.

    But that'd be fighting abuse with abuse, and I'd never recommend doing that.
    • by RealAlaskan ( 576404 ) on Tuesday June 03, 2003 @08:01PM (#6110739) Homepage Journal
      I'm thinking that the MPAA is infringing on my copyrights on their web site.

      The reason that the MPAA can get away with jerking you around that way is that you can't afford to hire a stable of lawyers to stand up for your rights.

      They can.

      It's an amusing idea, but if you were to make a frivolous complaint, I'm sure that they'd sue you for damages. We all know how good they are at making up numbers.

      When they frivolously damage YOU, of course, you could retain a lawfirm to recover damages. Unfortunately, your actual, recoverable, cash damages will probably be less than the first hour of consultation with the mouthpiece. You probably will prevail. Unfortunately, it will probably cost you tens of thousands to get there. At best, you'll get your legal costs and your $1.98 in damages. At worst, you'll wind up paying their legal fees, and defending a countersuit.

      Strangely enough, the MPAA doesn't seem worried about any harm they might do to you.

      • I'm thinking that the MPAA is infringing on my copyrights on their web site

        The reason that the MPAA can get away with jerking you around that way is that you can't afford to hire a stable of lawyers to stand up for your rights.

        They can.

        ...

        Hmmm. One of the basic components of the notion of freedom is that someone can't come and abuse you, and get away with it. The U.S. is supposed to be built to accomodate this -- i.e. to make sure everyone's rights are respected, up to the point that those rights w

    • The reason the MPAA can get away with it and you can't is the MPAA's accusation is credible, while yours is ludicrous. No sane person can deny massive copyright infringement on Kazaa, etc., while your claim sounds pretty infantile. Of course, the can and will make mistakes, but quibbling over search warrants and whether a judge has to sign each one when they're all based on the same information is simply trying to beat the system using beuracracy. It's not in the spirit of the law. You'll still get your day
  • by TallEmu ( 646970 ) on Tuesday June 03, 2003 @07:30PM (#6110571) Homepage
    The biggest consumer victory over the last years isn't really related to copyright. It's the whole Internet in general.

    Cheap, high speed cable access. Almost everyone has an email address these days, even my mum has two.

    Even taking into account the enormous amount of crap out there, viruses, script-kiddies, etc, there is still an enormous amount of fantastic and free (as in beer and speech) software for the taking, useful information, online dictionaries - you can find something for almost every subject.

    The dot com bubble spoiled (or educated depending on your view) people to expect things for free, but the biggest consumer victory is the wealth of information and content available to all who seek it.

    Those who are old enough, try and remember the time before you had regular internet access.

    Yes, people may be clamping down on copyrights, yes there are idiotic patents out there, and Microsoft is currently pouring money into nanotechnology in an attempt to turn humanity into a "perfect" society.

    On balance the "good internet" outweighs the bad (at least for now). Having that resource available beats the shit out of being able to download the latest Britney Spears mp3. (as in fact would repeatedly punching yourself in the nuts, but you get the idea)
    • This might come as a big surprise to you:
      Most people do not have Internet access!

      The earths population is now over 6 billion and in order for "most" to qualify in your statement, more than 3 billion people need to have internet access and that is not the case.
    • I guess "cheap" is relative, but I consider $500+ per year for a cable modem to be just this side of extortion. I'll admit I don't know what their costs are, but every time they jack my cable TV bill, they claim it's to cover the increased cost of programming. Can't use that excuse for internet access. The fact is as long as the cable and phone companies have a near-monopoly on high-speed access, we consumers are screwed.

      I do agree with you about the "good internet", and Britney Spears.
  • by Hobbex ( 41473 ) on Tuesday June 03, 2003 @07:40PM (#6110621)
    I think it is high time to realize how naive we were to ever think that the courts would straighten this out for us. The courts are the least democratic, most reactionary, and least progressive element of government - and while they have done good (especially in America due the fantastic foresight of the framers, which has unfortunately reached its tether now) trying to think that we can turn to them for deliverance of the Internet is insanity.

    I think, however, that the widespread belief among many of the information freedom activists and supporters that the courts would work things out (in the Eldred case, the DeCSS case, the Napster case, etc) should be noted as very strong evidence to the fundamental honesty of their position. It is so clear and obvious to us that laws forbidding us from manipulating our own computers and lawsuits against networks for not controlling those that use them are an insanity and step all over our fundamental freedoms that the otherwise naive belief that the courts would side with us seemed not only logical but necessary.

    So is not the case. The unconnected man, the information horder, and those who view computers with suspicion and fear simply do not see the same thing as we do when they look at these things. Fundamental shifts will occur when one group grows at the expense of the other, not sooner.
    • I think it is high time to realize how naive we were to ever think that the courts would straighten this out for us.

      I can hardly agree more! The courts are rightfully reluctant to make law, and their undemocratic nature should make everybody very nervous should the Supreme Court decide it's in the lawmaking business. Instead, they are primarily interested in whether laws are contradictory, and in particular whether a specific law contradicts the Constitution. The Eldred case shows, on the positive side,

  • Starbucks (Score:2, Offtopic)

    by stephanruby ( 542433 )
    While this is not really a copyright issue, now we're allowed to take pictures of Starbucks. Before this, most Starbucks managers used to politely ask you to put your camera away, and it's rumored that at least one stupid manager tried to confiscate the camera of someone who had taken the picture of a friend inside his Starbucks. http://emergentreport.com/dj/archives/000360.html [emergentreport.com]
  • by davetd02 ( 212006 ) on Tuesday June 03, 2003 @07:44PM (#6110648)
    IPJustice [ipjustice.org] is another group working for fair use and copyrights. Check them out. Founder is Robin Gross, formerly of the EFF. Their principles are:
    • We reserve the right to control our individual experience of intellectual property.
    • Creators deserve to be compensated.
    • We reserve our right to make private copies of lawfully acquired intellectual property.
    • Technology and information that enable the exercise of rights should be lawful.
    • "Copy Rights" come with "Copy Responsibilities."
    • by RealAlaskan ( 576404 ) on Tuesday June 03, 2003 @08:14PM (#6110801) Homepage Journal
      I like those principles, except for the second

      Creators deserve to be compensated.

      I just dug a very deep hole, and filled it in again, neatly. I worked very hard. I deserve to be compensated.

      As an absolute principle, ``Creators deserve to be compensated.'' is flawed. The rule is ``Arbeit macht mudes'', not ``Abeit macht Geld''.

      • I don't think that's exactly what was meant. The idea is more along the lines of "just because I can copy it for free doesn't mean that the creator shouldn't be compensated. If somebody creates a work that adds value to society then they should be compensated.

        I actually just posted the bullet-headlines of the principles. The full second principle (available here [ipjustice.org]) includes "We will compensate artists who entertain and enlighten us with their art..."

        Hopefully that helps. :) If I could just set m
      • I would say instead, "Creators deserve to be justly compensated." Hence some deserve money and some deserve to be fed to the lions. (And some to the loins... rrr! Oh, behave.)
      • "I just dug a very deep hole, and filled it in again, neatly. I worked very hard. I deserve to be compensated."

        Your assertions bring to mind a very old engineering principle (I forgot who came up with it, I dimly recall a sixteenth century Dutchman), that no work has been performed by a process if the starting point and ending point of all of the pieces involved is the same. Therefore, though you may have expended considerable effort with your hole digging and filling, you have unfortunately done no wor
  • by Anonymous Coward on Tuesday June 03, 2003 @07:45PM (#6110652)
    Gutenberg can burn through near as much time as can Slashdot. Though so many of us are avid readers, probably too few of us take time to read the occasional classic; Gutenberg is well stocked, and with a selection of texts that will have you quoting circles around pretentious arts majors.

    Slashdot humor is more often more similar to humor of days past: word play, teasing, rabid character assassinations. Many of these classics are authored with the intent of communicating new found theory and thought- things that we'd like to think are right up our way.

    Beyond the intrinsic value of this sizable collection, reading texts that are in the public domain, thereby avoiding those that are not, is a most Excellent ***FINGER*** for the dip-shits who would deny us OUR rights to information that our ancestors would have rather have published for all.

    Progress requires that we build on prior works. If reading old literature helps get the message across that we've enough with excessive copyright... /me breaks into song.
  • by maromig ( 217629 ) <maromigNO@SPAMyahoo.com> on Tuesday June 03, 2003 @07:54PM (#6110705)

    http://www.eff.org/bernstein/ [eff.org]

    http://cr.yp.to/export.html [cr.yp.to]

    http://news.com.com/2100-1023-225508.html?legacy=c net [com.com]

    In a 2-to-1 vote, a federal panel affirmed U.S. District Judge Marilyn Patel's 1997 landmark ruling in Daniel Bernstein vs. the Justice Department. That decision states that software source code is a language, and therefore the export controls violate the University of Illinois math professor's First Amendment right.
  • SARS patent (Score:4, Interesting)

    by nerdup ( 523587 ) on Tuesday June 03, 2003 @08:02PM (#6110746) Homepage
    Not strictly copyright, but still IP related, is the patenting of the SARS genome by the BC Cancer Institute to ensure its availability for all. Whether doing this was a victory, or the necessity of having to do it a defeat, I leave up to you....
  • by alizard ( 107678 ) <alizardNO@SPAMecis.com> on Tuesday June 03, 2003 @08:09PM (#6110785) Homepage
    However, the war is going to be lost in the USA.

    Remember, with respect to any specific law, the bad guys only have to win once. Their resources are effectively unlimited and they can try again and again and again until an obscure amendment to a law nobody ever heard of or a "must pass" appropriations bill gets added and suddenly. . . it's a bad law.

    The best EFF and the rest of the alphabet soup geektivist civil liberties groups can do is fight a holding action.

    The reason is that by definition, a non-profit organization can't contribute a single dollar to a political campaign.

    We can't beat the bad guys in the long run, without at minimum, having our own top-bracket lobbyists working congressionsal offices, matching them dollar for dollar, having full-time legislative analysts checking EVERY bill and relevant agency regulation for booby-traps, and full-time staff answering phones and opening mail (like the snailmail with our $5 and $20 and $100 contributions) and e-mail and running mailing lists to let us know when it's time to send a message through Congress via their fax gateway.

    In other words, we need our own PAC with enough startup budget to set up the infrastructure and do the election commission filings (e.g. FEC) required to legally collect and spend money in DC and each of the 50 states.

    This hasn't happened and won't happen. Nobody with the startup money will put it into any "geektivism" organization that isn't tax-deductible, it isn't enough to feel good, the people who can write $1M checks demand tax-writeoffs as well.

    If somebody was willing to do the right thing today, it is probably (perhaps the problem can be fixed by throwing a shitload of money at it) too late for a NRA/AARP style PAC to go into business in time to intervene in the 2003-2004 election cycle.

    The other option: our high-tech vendors stop doing the "deer in the headlights" thing, stop being hypnotized with the promise of endless profits out of the catalogues of the major content owner members of *AA (MPAA/RIAA) organizations if they only make unbeatable DRM. The promise is bullshit anyway, it depends on fiber bandwidths to every home anyway.

    By the time 10Mbps to every US home happens, the vendors will have had to move their R&D and production operations to free countries anyway.

    The war is for all practical purposes over in the USA.

    The place to make a stand? Probably the EU.

    Most countries have publically funded election campaigns, meaning Hollywood can't legally buy politicians and anti-American sentiment is growing. So if you're in the EU and you aren't part of a high-tech political activist group, join one. If you can't find one in your nation, start one. Find people who already know the political game and learn how to play to win.

    If the EU doesn't get it, the center of technology development not only moves out of the USA, but out of the Western world to places Hollywood can't buy off. India and China, for instance.

    The Chinese are already planning for a future in which the rest of the world buys its tech from them. They are already working on plans for a permanent manned moon base. They are already designing and fabricating their own CPUs.

    • We can't beat the bad guys in the long run, without at minimum, having our own top-bracket lobbyists working congressionsal offices, matching them dollar for dollar, having full-time legislative analysts checking EVERY bill and relevant agency regulation for booby-traps, and full-time staff answering phones and opening mail (like the snailmail with our $5 and $20 and $100 contributions) and e-mail and running mailing lists to let us know when it's time to send a message through Congress via their fax gatewa
      • You don't get it (Score:3, Insightful)

        by alizard ( 107678 )
        I'll try to make this real simple for you so you can return to the herd and moo contentedly as your civil liberties disappear forever despite the mighty accomplishments of "the good guys".

        Politicians generally vote in accordance to what the public supports.

        THE VOTES ARE COUNTED IN DOLLARS.

        From Open Secrets [opensecrets.org]

        2 TV/Movies/Music $330,317

        That gives Hollings 330,317 reasons to introduce and work for any bills the record / movie industries want.

        Here are the number of reasons the EFF, VTW, CDT, Public Knowledg

    • Your whole message is absurd. Laws aren't stable, they get created and destroyed all the time.

      Yes, a period of nastiness is probably inevitable; some would argue we're already in it. But that's not a call to fold up and declare permanent, everlasting defeat, forever and ever amen, but to keep fighting until we roll back the bad stuff.

      In fact personally I think that while "we" are right, it will not penetrate into the general public's awareness until they start to experience it first hand. Fact is, the ave
      • Who's going to be out there raising money for political action to get the post-election anti-tech legislation Congress is going to deliver taken off the books? GeekPAC? (snicker?)

        Sure people are going to be pissed off and eventually, they might even get around to writing their Congresscritters about it. By the time this can be translated into any kind of action, what do you think is going to be left of high-tech in the USA?

        High-tech vendors? They'll simply move whatever R&D that's left in the USA to I

  • Winds of change (Score:5, Insightful)

    by poptones ( 653660 ) on Tuesday June 03, 2003 @08:13PM (#6110800) Journal
    As others have already pointed out, you needn't look to the courtrooms and the senate for "victories." I'm nearly 41 years old and if you'd told me twenty years ago I'd soon be able to have just about any music I wanted at my fingertips I probably wouldn't have believed it. If you'd told me I'd be able to collaborate with people all over the world toward a project goal I would have balked at the thought of paying such a huge long distance bill - and remember, I'm still talking about a time after the PC had hit the market - but when we were still using a "network" (RS422) of TRS80 model 4's in our Z80 development lab and a PC was still only marginally cheaper than, say, a used microvax. Even then this future wasn't widely imagined, and even among those who tried I don't recall anyone seriously thinking it would be this pervasive, this fast.

    The victories are everywhere, but no matter how good it gets most folks seem to be focused on what they want. Well, if you know how to get everything you want, right now in real life then do clue us in so we can get on with the rest of it. In the meantime we've got to look at what we got and where we got it.

    Example: my father is in his 80's; my 20+ aunts and uncles are nearly all dead. And all through those Nixon years and the Carter years and even the Reagan years I remember many an afternoon having to listen to them sit around and bitch about corrupt politicians and (get ready) an out of control press that had way too much freedom and power. Two decades later and this nation of sheeple elects a candidate who told us during his campaign he thought "maybe we have too much freedom."

    This is the generation that forged the corporate nonsense we are living with now; this is the generation that put most of these corrupt fuckers in office, that passed most of these corrupt laws. And yet, in spite of their best efforts we now have a nearly unlimited, worldwide press, the ability to exchange copyrighted media and culture in the blink of an eye, and (believe it or not) more voice than ever - but we need to learn to use it on real shit instead of squandering it on essentially meaningless yellow press nonsense like "who gave the president a blowjob." Trent Lott was a good example of a move in the right direction - and I don't know how many of you noticed, but even CBS (er, viacom) and ABC (I mean Disney) were, in the end, forced to give some face time to chairman Mike's idiocy.

    Most of these laws you all wring your hands over have become essentially meaningless for private individuals (and especially for indivduals who have an iota of technical knowledge). The victories are all around us, every day.

    And speaking of which: I gotta run now; Dog Eat Dog is on...

  • Similar mirrored attempts are being practiced at UDN.com [udn.com], one of the largest media conglomerate in Greater China region. The group recently issues a controversial licensing policy which explicitly states that any websites involved in news reproduction, abstraction, or even "copying" an exact quote of it's headline titles from UDN would have to obtain it's "u2u approval" first. The fees for "rights-managed" news are based on a specific criteria: total print run, distribution, intended use, etc. This policy a
  • The goods news is that most people do not agree with copywrong and the nonsensical notion of``intellectual property''.

    You just can't enforce a law that honest people reject (not without a oppresive regime), and indeed it's very dangerous for governments to even try, because if you have to break the law to do what you think is right, then the Law as a whole is debased.

    • The goods news is that most people do not agree with ... the nonsensical notion of``intellectual property''.

      The good news is that most people think that Slashdot user "gacp" has no idea what he's talking about.

      See how easy it is to make unfounded, sweeping generalizations without bothering to provide any support for your claims? I would be surprised if most people had more than the slightest clue what copyright law means, let alone knew enough about it to form any kind of opinion about it.

      Imagine a wor
  • by Muhammar ( 659468 ) on Tuesday June 03, 2003 @08:26PM (#6110848)
    Church of Scientology recently threatened Google in court and got a judge to issue temporary cease-and-desist order to make Google to eliminate the objectionable (=critical) sites from its search engine, because displaying materials to which COS owns copyright. Google was scared and took the links down temporarily, then restored most of them (which did not display the copyrighted secrets - just provided links to them) and as a bonus Google published a court document containing a complete list of COS-objectionable sites with their explanation.

  • creative commons (Score:5, Informative)

    by panck ( 69848 ) on Tuesday June 03, 2003 @08:29PM (#6110861)
    Creative Commons [creativecommons.org] This isn't a "victory" in the fight, but it is a new weapon. Be pro-active about giving people the ability (limited or not) to use and copy your copyrighted material. Check out the snifty informative video here [creativecommons.org], featuring none other than the White "No computers were used in the making of this album" Stripes.

    Also check out Lawrence Lessig's weblog [stanford.edu] for up-to-the-minute happenings in the good fight. (and for the extremely lazy, here's his RDF feed [stanford.edu].

    And ( if that weren't links enough) you should go and sign the petition to Reclaim the Public Domain [eldred.cc].

    yrs trly, linky karma whore

  • by Neurotensor ( 569035 ) on Tuesday June 03, 2003 @08:34PM (#6110890)
    You may recall that /. covered the ruling in favour of an Australian who was selling PS2 modchips. He still got caught on trademark infringement, but nevertheless modchipping a PS2 is now legal in this country.

    Some quick googling turned up this link [xenoclast.org] which pretty much explains the situation.

    The DMCA can't touch us if we all live Down Under.

    For a little while. Until we join the Coalition of the Willing-To-Suppress-Basic-Freedoms.
  • by zogger ( 617870 ) on Tuesday June 03, 2003 @08:49PM (#6110979) Homepage Journal
    Copyrights are an artificial construct. From day one. Yes, the creator made them, he owns them, directly on the media he created the idea on. Yes also, anything copied-outside the original, on some sort of physical media, is a copy of an *idea*. Ideas by their very nature are just that, ideas, what came out of humans brains. Ideas get used, and other humans see them, then use them, modify them, combine them with other ideas. This is HOW humans got to be advanced. Joe caveman builds a knapped flint knife. Joe caveman #2 sees this. If #2 steals #1s knife, that is stealing. If #2 sees the design and the technique, then he can build his own knife, then two humans have a knife, two families now have a means to cut food more effectively, to work skins, carve wood into other useful articles, defend the family cave. This is a *good* idea. Joe#2 has used sticks to poke hole in the ground to drop seeds, but the sticks always splinter and break. he tries just the knife, but his arm is too short to get a good enough swing. he gets another idea, ties the knife on the end of the stick, now he has a hoe, perhaps he grows so much that one first year famine for his family and tribe are averted. The ideas have expanded, everyone benefits. Joe #1 played a tune on an old falling down log, sang a little around the fire, and all was well. Joe #2 copied that idea when he went over to the next valley, perhaps it was an icebreaker for him, to show his worth to strangers perhaps, they liked it. Maybe he was a bachelor, and enchanted a new mate, widening the gene pool. His ideas spread, his DNA got more variables. It worked, the concept of idea sharing caught on.

    And so forth, to where we are now

    Putting restrictions on the sharing of ideas slows down human progress. It is an artificiality that was introduced in the feudal period of human development and society, it was designed to seperate the "classes" to restrict knowledge and enjoyment and ideas in general from "the royals" and "the commoners". Among all things, the "royals" were known for greed and exploitation. That "owning" the ideas let them enjoy that power, to maintain it, but it stagnated our humaness, and created more problems than it solved. It was...wrong. it was an extension of gluttony and greed. It was abnormal before that time. It's a relatively short time period in our human history that "owning" an idea has been considered normal. We have a term for that part of our history, it was the "dark ages", aptly named.

    That concept and society, that aspect of feudalism, was and is a flawed civilization. We can recognize that that fork of humaness had serious flaws by merely looking at the historical record. We should strive to get beyond that, we should go back to our roots as humans who cooperated, voluntarily, for everyones mutual benefit, by sharing ideas, and not by force, but just because it's right, and it works better, the idea of sharing ideas IS the better idea, because it has empirical proof that it worked when we did it.. who really wants a return to feudalism? then why should we strive to one of the more heinous aspects of the feudal gestalt? It is illogical.

    Our technology is such now, in extremely recent times, that copies of ideas are practically free,effortless, and the sharing far and wide just as easy. It is THE closest thing to a "replicator" we have. This is an amazing time. Would anyone really complain about a material object replicator? I doubt it, if everyone got to use one. It would be so fantastic the inventor would be feted across the planet. So, this complaining by the royal feudal idea owners about our only true replicator is a demand to stay stuck in that sort of archaic feudalism, the dark ages, the age of incredible greed, and incredible want.. That's all it is once you strip away the rhetoric.

    Yes, it will cause some adjustment in our world, so have all other advances with technology. This time you would think we might be smart enough to not look this incredible gift horse in the mouth, to take this "idea replicator" and run with it, see where this renaissance of sharing of ideas can take us. Hopefully we can, if we are as smart and as advanced and as civilised as we insist we are.
    • While I would like to see the Star Trek future as much as you, I don't think capitalism is an entirely flawed model. While it's true that when you have wealth it tends to be distributed unevenly, there will always be something that some have more than others, whether it is money or seashells or bits of pocket lint, which should become scarce in the future what with all the nanofabrics, right?

      Right. So what's wrong with capitalism? The only problem with the capitalism we have across most of the world now i

      • Not in the least. Not even close. Build and sell your widgets, make the best widgets you can. Profit from them. Ideas are not widgets, THAT'S the basic difference here.

        *Forcing* an idea to be a widget is the feudal model, it is neither capitalistic nor socialistic, except by the *forcing* of it, as it is not a natural widget in nature.

        Once you go down the path of make believe that an idea is a tangible, as you can see right this second, then the complexities and exceptions and the entire artificality o
  • The petition against software patents... URL below...
  • by Embedded Geek ( 532893 ) on Tuesday June 03, 2003 @08:53PM (#6111003) Homepage
    I came across a postcard [cabinetmagazine.org] that demostrates how the public domain is languishing due to all the copyright extensions that are being legislated. Basically, there will be nearly no growth in the public domain between 1990 and 2030 due to current legislation, even though the copyrighted realm is growing exponentially. If the copyright acts of 1923 were still in effect (the first year to which the Sonny Bono act applies), the number of registered items in the public domain would grow from today's 9 million to 25 million. It's very powerful visual aid.

    And, to beat the reply posts:

    1. No, I have no idea why they put it on a postcard.
    2. Yes, I did notice the entire webiste, including the card, is "©2003 Cabinet Magazine".
  • by EverDense ( 575518 ) on Tuesday June 03, 2003 @09:30PM (#6111202) Homepage
    Isn't it ironic that the last screen of the new Metallica film clip holds the words:
    "For all the people impacted by San Quentin your spirit will forever be a part of Metalllica.
    -James, Lars, Kirk and Robert"

    I wonder if any of the San Quentin inmates are in there for pirating Metallica off Napster? ;-)
    Copyright violators are, after all, "Dangerous Criminals".
  • by infolib ( 618234 ) on Tuesday June 03, 2003 @09:43PM (#6111277)
    The EU commission (lobbied by patent lawyers and big corps) are trying to expand patentability dramatically. Public protest has delayed the process, which is now entering the final phase, where amendments will be voted upon. Next election is june 2004
    You still have time to write your MEP!

    More information [ffii.org]
    • Your politicians can't legally collect political payoffs from Hollywood. If you can catch them collecting the illegal kind, package the evidence properly and get their asses sent to jail.

      This limits the interest your politicians can have in what the Hollywood lobbyists have to say to them.

      Any EU country that refuses to accept the EU Copyright Directive and related regulation / legislation has an automatic competitive advantage in the area of technology over one whose laws are paid for by movie/music indus

  • is about a bunch of kids who made a shot for shot reproduction of Raiders of the Lost Ark. Maybe the fact that they haven't gotten sued yet qualifies as a small victory for the supports of the intellectual commons? (THey even got nice letters from Spielberg.)
  • by Animats ( 122034 ) on Tuesday June 03, 2003 @11:23PM (#6111836) Homepage
    One major victory was Bridgeman vs. Corel. [cornell.edu], in 1999. Bridgeman sold, as 35mm slides, pictures of famous works of art. Most of those works, dating back centuries, were in the public domain. Corel purchased copies of Bridgeman's slides, digitized them, and created a CD-ROM of clip art, which they then sold. Bridgeman sued for copyright infringement.

    The court held that photographing a 2D public domain image does not create a new copyright. It lacks sufficient originality. This follows the well-known Feist vs. Rural Telephone [cornell.edu], which established that mere lists, like phone directories, are not original works. (As the Supreme Court wrote, "The threshold for originality in copyright law is low, but it exists.")

    As a result, you can now put clip art of out-of-copyright material on your web site.

    Corbis is trying to get around this. They add watermarking data to an image and then copyright the watermarking data. They then claim that the DMCA prohibits the removal of the watermarking data, even though the underlying image is not copyrighted. This needs to be litigated.

  • About the DeCSS case (Score:3, Informative)

    by Kjella ( 173770 ) on Tuesday June 03, 2003 @11:28PM (#6111861) Homepage
    here's been The DMCA, the UCITA, all of the legal wranging over DeCSS, and so on. (...) Johansen did seem to be acquited of some of what was brought against him as a result of the DeCSS situation, but that was in Norway.

    Just so that is clear, the DeCSS case is not over, the next round of trial starts in December last I read, and I'd be surprised if it doesn't get appealed to the Supreme court (unless you know, both sides may appeal in Norway).

    Personally, I think it's pathetic, both the duration of the investigation as well as the ridiculous statements made by the prosecution. Judging from the first court ruling, I'd call it being shot down in flames and die. Then again, never underestimate a Phoenix, so time will tell...

    Kjella
  • How about some of the links from 2 articles up [slashdot.org] which show some copyright [alwayson-network.com] defeats.
  • Slightly OT, but... (Score:4, Interesting)

    by jez9999 ( 618189 ) on Wednesday June 04, 2003 @02:25AM (#6112642) Homepage Journal
    I suggest moving your business elsewhere. There's nothing that will get dumb draconian laws repealed faster than all websites operations moving overseas, where (hopefully) the grubby hands of the DMCA et al can't reach them. The American govt care about the economy more than anything else, and if they see an e-commerce drain to other countries, they might be prepared to change the situation. But whilst all you entrepreneurs are still starting up in the good old U S of A, why would they bother to change anything?
  • by Tom7 ( 102298 ) on Wednesday June 04, 2003 @08:54AM (#6114014) Homepage Journal
    Well, this was probably a small-scale victory but it was significant to me. ;)

    Almost a year ago lawyers from Agfa Monotype threatened me with the DMCA about a program I wrote that changes the embedding permissions on fonts. (slashdot article [slashdot.org]) I presented my defense [cmu.edu] via e-mail, they got a lot of bad press, and eventually they gave up (?). The program is still up today [cmu.edu]. Hopefully other developers who receive cease-and-desist letters will recognize that it is not always costly to fight them...

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