Archive for the 'Copyright Law' CategoryPage 2 of 12

HBO Wants to Change DRM to Something More Friendly

From Ed Felten:

People have had lots of objections to Digital Rights Management (DRM) technology — centering mainly on its clumsiness and the futility of its anti-infringement rationale — but until recently nobody had complained that the term “Digital Rights Management” was insufficiently Orwellian.

That changed on Tuesday, when HBO’s CTO (Chief Technology Officer), Bob Zitter, suggested at an industry conference that DRM needs a name change. Zitter’s suggested name: Digital Consumer Enablement, or DCE.

HBO CTO Robert Zitter PhotoThe irony here is that “rights management” is itself an industry-sponsored euphemism for what would more straightforwardly be called “restrictions”. But somehow the public got the idea that DRM is restrictive, hence the need for a name change.

Zitter went on to discuss HBO’s strategy. HBO (Home Box Office) wants to sell shows in High-Definition, but the problem is that many consumers are watching HD content using the analog outputs on their set-top boxes — often because their fancy new HD televisions don’t implement HBO’s favorite form of DRM. So what HBO wants is to disable the analog outputs on the set-top box, so consumers have no choice but to adopt HBO’s favored DRM.

Which makes the nature of the “enablement” clear. By enabling your set-top box to be incompatible with your TV, HBO will enable you to buy an expensive new TV. I understand why HBO might want this. But they ought to be honest and admit what they are doing.

I can think of several names for their strategy. “Consumer Enablement” is not one of them.

Fair Use Debate: People Posting Your Private Photos on Forums

From Rebecca Tushnet:

Two Yale Law School students have sued posters on a law school discussion board (AutoAdmit, also known as Xoxohth) for defamation, related torts, misappropriation of personality, and copyright infringement, for reposting candid photos that were part of one student’s online collection at her own page.

What happened (Wash. Post article) to these students was inexcusable — they were harassed, threatened and defamed, and I have subzero sympathy for the defendants, who may have thought that using pseudonyms exempted them from the ordinary requirements of humanity. But — I did write a whole article about this type of copyright issue. And I think copyright is the wrong tool, though privacy torts might be the right ones.

As Feministe summarizes, the misogynist posters on the site, among other things, suggest that a woman who has the temerity to post ordinary pictures of herself on a general webpage has to expect that others will post crude fantasies and threats about her. Their “asking for it” argument is nothing new, but it’s structurally similar to the argument the court accepted in Nunez v. Carribean International News Corp., 235 F.3d 18 (1st Cir. 2000): a debate over the existence and presence of the picture itself is at least a modestly transformative context for the copying. And here the individual posters’ use of it was noncommercial.

The middle two fair use factors (creative but published; entire picture copied) favor the plaintiff a little but rarely matter. The effect on the market depends on whether we analyze the market for photos as a whole or segment it; courts have inclined towards the latter, at least in transformative use cases. There’s not much market for uses of candid photos in discussion threads. The fact that they’re candid wouldn’t necessarily excuse the New York Times from paying if it used the shot to illustrate a story, but it makes copyright’s incentives less important. So: fair use and criticism of women’s bodies, once again joined.

Separately, there are barriers to the misappropriation claim, specifically the fact that the posters didn’t benefit commercially from their acts. The IP claims have the great virtue, from the plaintiffs’ perspective, of being available against the website because they’re exempt from section 230 of the CDA, but here the plaintiffs didn’t sue the site, so I’m not sure losing the IP claims would be all that harmful to the outcome. (Another relevant consideration: the copyright claim gets them into federal court.)

What You Should Know About the French Anti-Downloading Pact

Have you ever downloaded materials from P2P (Peer-to-Peer) networks? Maybe you’ve been downloading music, or movies, or documents. Maybe you’ve downloaded works in the public domain, maybe some still under copyright.

If you’re in France, and you’ve been caught 3 times, then it’s three strikes and you’re out.

And when we say out we mean out. You’re losing your internet access.

The background behind the Anti-P2P movement in France

The French Government, Internet Service Providers (ISPs) in France, and the local film and music industry has gotten together and drafted up this pact in order to punish ordinary users of the internet like you and me from downloading on P2P networks.

What are P2P networks?

Peer-to-peer file sharing is when people on the internet make files available to be downloaded over the internet. Examples of software programs that let you do this are Napster, Kazaa, Gnutella (like Limewire), and Bittorrent (like Azureus and uTorrent). Let’s say you recorded a school play on a video camcorder. You make a video file (let’s say .avi) and you put this up on YouTube and you also put it up on a P2P network. This means you can share this with others - but in France this could be grounds for you getting dropped from getting access to the world wide web.

How the French punishment system will work

If you’re a P2P user in France, you’ll get the three strikes and you’re out policy like we mentioned. The way this works is that when you are caught downloading what they presume to be illegal content, you will get a warning for that specific illegal download. These warnings will be held in their records. For all intents and purposes, after 3 total downloading infringements, you will lose your internet service.

The cancellation of your internet service follows a procedure. First your internet account is suspended. Then an independent authority, who will be supervised by a judge, will then decide your internet fate.

“We run the risk of witnessing a genuine destruction of culture…The Internet must not become a high-tech Far West, a lawless zone where outlaws can pillage works with abandon or, worse, trade in them in total impunity. And on whose backs? On artists’ backs.” said French president Nicolas Sarkozy.

The International Federation of the Phonographic Industry (IFPI) is definitely behind this move and firmly supports the initiative of the French government and corporate agencies that support this pact. John Kennedy, who is head of the IFPI, said about this pact that “this is the single most important initiative to help win the war on online piracy that we have seen so far..President Sarkozy has shown leadership and vision. He has recognized the importance that the creative industries play in contemporary western economies.”