Monthly Archives: September 2013

Record labels ask UK broadband providers to collect data on illegal downloads

"BT, Virgin Media, BSkyB and TalkTalk are being asked by music and film companies to sign up to a voluntary code for policing illegal downloading. Negotiations have been underway for some months with the BPI, which represents the major labels including Warner, Sony and Universal, and the British Video Association, whose members include the BBC and Hollywood studios. Measures could include throttling internet connections to slow them down, blocking users from particular sites, disconnecting offenders from broadband for a limited period, and ultimately prosecution. In order to implement these measures, broadband companies would need to keep a list of those customers." Continue reading →

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Policing Prosecutors

"A hungry man stealing a loaf of bread from a market to feed his family is treated differently than a con man bilking senior citizens for personal gain. Aaron Swartz knew he was breaking the law when he downloaded those articles. What he did not know, was that if a prosecutor wanted to make his life hell, she could credibly see to it that he was locked up until his mid 50’s. We should make sure that punishments fit crimes, and that when we collectively threaten to remove a human being from society for a generation or two, they actually did something worthy of such a profound punishment." Continue reading →

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America’s new ‘digital public library’ brings millions of documents online

"The Digital Public Library of America site dp.la will launch April 18 with more than two million objects — including digital renderings of photos, books, manuscripts and other items from places such as the Smithsonian Institution, along with museums, libraries and historical institutions around the country. Cohen said DPLA will be 'a lot more comprehensive' than Google books, with 'the full array of materials including music, photography, all kinds of art and manuscripts.' He said the material will be online 'in an open fashion, and not a gated fashion.'" Continue reading →

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CEO of Danish CopyrightAlliance: “Control is Freedom!”

"Maria Fredenslund, the CEO of the Danish CopyrightAlliance, in a debate in which she argues for increased control of the Internet in the name of copyright, proclaims that 'control is freedom.' She lauds the 'highly controlled and regulated society we live in' and insists that 'control gives us freedom.' You see, 'Control and regulation creates innovation … and personal liberty.' She criticizes the Internet as being 'undemocratic' because there is not enough 'control' of it. And people say I am exaggerating when I use the term 'fascism' to describe IP." Continue reading →

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AT&T and T-Mobile embroiled in legal fight over the color magenta

"T-Mobile is suing AT&T for trademark infringement. To summarize a 20-page civil action suit: T-Mobile says Aio co-opted the color magenta. 'Out of all of the colors in the universe,' AT&T chose – not purple, not pink – magenta, as Aio’s company color, according to the complaint T-Mobile’s lawyers filed. 'AT&T’s subsidiary’s use of magenta to attract T-Mobile customers is likely to dilute T-Mobile’s famous magenta color trademark, and to create initial confusion as to the source or affiliation of AT&T’s subsidiary’s business,' the complaint continues." Continue reading →

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ABA Attempts To Claim Copyright On Bank Routing Numbers

"It appears there's been a followup to our earlier story on the American Bankers Association claiming that bank routing numbers are covered by copyright, and threatening a website that had created a useful way to look up those routing numbers. The website, run by Greg Thatcher, was doing a public service, getting such info from the Federal Reserve's website, and making it much easier for people to find the numbers. Thatcher is now being represented, pro bono, by Andrew Delaney of Martin & Associates, and his response letter to Nigel Howard, the ABA's lawyer who sent the threat letter, is one of the most beautiful responses to a bogus threat letter you'll ever see." Continue reading →

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Larry Lessig Threatened With Bogus DMCA Notice; Decides To Fight Back

"As we've discussed, unfortunately, it's been almost impossible to win a 512(f) claim over a bogus DMCA takedown. The entertainment industry has fought hard to make sure that sending totally bogus DMCA notices that censor content are basically unpunishable, unless they can show a willful and intentional decision to ignore fair use and censor the content. Liberation doubled down even after being told that Lessig believed the video was fair use. On top of that, by filing the lawsuit himself, and seeking the declaratory judgment, instead of being sued first, it means that Liberation can't just dismiss the lawsuit (they're now the defendant, not the plaintiff)." Continue reading →

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GAO Study Confirms the Obvious: Bad Patents Lead to Trolls

"The study confirms what we already knew: low-quality, vague patents have led to an increased patent troll problem. Great. This is the same thing the Federal Trade Commission already reported in 2011, and little has improved; arguably, if anything, the situation has worsened. We now have reports from GAO, from the Congressional Research Service, and from the Federal Trade Commission highlighting the problem with software patents and patent trolls. We have unequivocal statements from the President and leading members of Congress that the AIA did not fix the problem. The time for reform is now. We should stop talking about it already and get something done." Continue reading →

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