Submission to Consultation on Copyright: Exceptions

In my previous post about submitting a reply to the UK government consultation on copyright, I concentrated on one area, that of orphan works. That's arguably the second most-important topic that the report discusses, not least because of the huge potential liberating orphan works has. But without doubt, the most important area is that of exceptions to copyright.

On Open Enterprise blog.

Collection Society To Libraries: No Story Time For Kids Unless You Pay To Read Aloud

If there's a common trait of the various rightsholders groups around the world, it is their sense of entitlement. If anyone does anything with a work under copyright, they feel they have a right to regulate it and be paid for it. A good example is the claim by the Authors Guild that owners of Kindles weren't allowed to use an experimental text-to-speech feature, since that would infringe on the entirely made up concept of "audio rights" -- and hence, presumably, require further payment. 

On Techdirt.

Do We Have a Right To Open Public Data?

The progress made by the open data movement is pretty extraordinary. A few years ago, data was something that only statisticians cared about, but today it is one of the most vibrant areas of exploration and innovation. I think that's in part because of open source's example of how opening things up allows people to experiment and make progress faster than keeping everything locked down.

On Open Enterprise blog.

European Commission Blames Social Networks For ACTA Failure; Worried About Its Imminent Directive On Copyright Enforcement

Now that the EU's ratification of ACTA has departed from the original script of everyone just waving it through, the European Commission is clearly trying to come up with Plan B. Some insights into its thinking can be gained from the minutes (pdf) of a recent Commission meeting, pointed out to us by André Rebentisch. 

On Techdirt.

As Michael Geist and others have pointed out, ACTA is the Anti-Counterfeiting Trade Agreement without the main sources of counterfeits being involved -- notably, China. This has required some skilful footwork on the part of ACTA supporters, who need to justify the ratification of a loosely-worded treaty with potentially harmful effects on Internet service providers, civil liberties and developing countries, but which doesn't provide the key benefit claimed in its name. Here's how the European Union's representatives tried to deal with this issue in a "statement on IP Enforcement Trends" made at the WTO Council for TRIPS: 

On Techdirt.

Workshop Audience Barred From 'Demonstrating' Approval Of Michael Geist's ACTA Takedown

Although ACTA has now been referred by the European Commission to the European Court of Justice, it continues its passage through the various committees of the European Parliament, each of which will provide input on the final decision of whether to ratify ACTA or not. The first of these took place last week, when the International Trade (INTA) committee had a preliminary ACTA workshop. This included hearing from external experts, one of whom was Michael Geist, well known to Techdirt readers. 

On Techdirt.

Isn't It Time Artists Lost Their 18th-Century Sense Of Entitlement?

One of the common assumptions in the copyright debate is that artists are special, and that they have a right to make money from their works repeatedly, in ways not granted to "ordinary" workers like plumbers or train drivers, thanks to copyright's reach through time and space. Of course, when modern copyright was devised in the early 18th century, artists were special in the sense they were scarce; offering them special monopoly privileges "for the encouragement of learning" as the 1710 Statute of Anne puts it, therefore made sense. 

On Techdirt.

ACTA Update X

As far as we can tell, ACTA has been put on hold for months, maybe even a year, while the European Court of Justice (ECJ) considers its compatibility or otherwise with European laws. But that doesn't mean everything has stopped. The European Parliament has begun examining ACTA from various viewpoints through its committees. 

On Open Enterprise blog.

How The Runaway Success Of A Tiny $25 Computer Could Become A Big Problem For Oppressive Regimes

The Raspberry Pi is a $25 credit-card sized computer that has succeeded in making GNU/Linux not just newsworthy, but downright desirable. The initial batch of boards sold out in minutes, and eager customers crashed the server where it was being sold. The original vision of the Raspberry Pi was to promote amateur programming and to re-invigorate the teaching of computing in the UK (and elsewhere) by providing a very low-cost and easily hackable system. Naturally, though, its open source code allows it to be applied in many different situations. Here, for example, is a plan to create a secure chat system for activists that can be used in countries where communications are routinely under surveillance, using a program called Cryptocat: 

On Techdirt.

Why Digital Texts Need A New Library Of Alexandria -- With Physical Books

Amidst the growing enthusiasm for digital texts -- ebooks and scans of illustrated books -- it's easy to overlook some important drawbacks. First, that you don't really own ebooks, as various unhappy experiences with Amazon's Kindle have brought home. Secondly, that a scan of an illustrated book is only as good as the scanning technology that is available when it is made: there's no way to upgrade a scan to higher quality images without rescanning the whole thing. 

On Techdirt.

German Government Wants Google To Pay To Show News Snippets

Some bad ideas just keep on coming back, despite the fact that they are manifestly stupid. Trying to get Google and others to pay for the privilege of sending more traffic to newspapers by including short snippets from their stories is one of them. Of course, logic would dictate that the newspapers should be paying Google for the marketing it provides, but unfortunately not everyone sees it that way. 

On Techdirt.

Hacktivist Judo: Musician Exploits New Spanish Law To Overwhelm System With Legitimate Infringement Complaints

As Techdirt reported earlier this year, Spain's Sinde Law, designed to combat file sharing by blocking sites with allegedly infringing material, has an extremely complex history. It finally went into effect on 1 March, and was immediately met with a clever denial of service attack from a Spanish group with the self-explanatory name "Hackivistas". As TorrentFreak explains: 

On Techdirt.

UK Government Pressuring Search Engines To Censor Results In Favor Of Copyright Industries

One of the most insidious aspects of recent Internet policy-making is that much of it is taking place behind closed doors, with little or no consultation -- think of SOPA, PIPA, ACTA and TPP. But there's another dangerous trend: the rise of "informal" agreements between the copyright industries and Internet service providers. 

On Techdirt.

Time To Go: Why EU Commissioner De Gucht Has Disqualified Himself From Handling ACTA

Even though the European Commission has referred ACTA to the European Court of Justice, the European Parliament continues to examine the treaty in its various committees. Earlier this week, the one dealing with International Trade met for a preliminary discussion. One of the key speakers was the Commissioner responsible for ACTA, Karel De Gucht, who naturally tried to make light of the many problems that have been raised in recent weeks. 

On Techdirt.

EC Defends Interoperability, but Misses Bigger Picture

Here's an interesting move from the European Commission:

On Open Enterprise blog.

'We, The Web Kids': Manifesto For An Anti-ACTA Generation

One of the striking features of the demonstrations against ACTA that took place across Europe over the last few weeks was the youth of the participants. That's not to say that only young people are concerned about ACTA, but it's an indication that they take its assault on the Internet very personally -- unlike, perhaps, older and more dispassionate critics. 

On Techdirt.

Does Guernsey Really Want To Become Famous -- And Ostracized -- For Introducing Image Rights?

Just as the original term of copyright has been constantly extended from the original 14 years in the Statute of Anne, so the the scope of intellectual monopolies has been widened by the introduction of new ways in which people assert ownership of abstractions. Here's the latest idea: a right to protect your image. 

On Techdirt.

Dutch Research Reveals Wide Scope For Copyright Flexibilities In EU Laws

A couple of weeks ago, Techdirt wrote about a surprising initiative by the Netherlands to introduce new flexibilities into its copyright law. Given that leadership from the Dutch government, it's probably no surprise that a few days later, the Dutch Parliament also showed itself in the political vanguard by voting not to ratify ACTA for the time being. 

On Techdirt.

EU Censorship Plan With A Cheesy Name: The Clean IT Project

A couple of weeks ago, Techdirt reported on UK politicians calling for ISPs to "take down" terrorist content. Now it seems that the idea has not only spread to other European countries, but even acquired a cheesy name: "the Clean IT Project". 

On Techdirt.

The Struggle Between Copyright and the Internet

January 18, 2012 may well go down as a pivotal date in the history of the Internet – and of copyright.  For on that day, the English-language Wikipedia and thousands of other websites were blacked out or modified to protest against two bills passing through the US legislative system that were designed to fight copyright infringement.  To understand why that unprecedented action took place, and what it means for the future of the Net, it’s necessary to review the history of copyright briefly. 

On Stir to Action.

UK Open Standards Consultation Submission

Somewhat belatedly (apologies), here is the second part of my analysis of the UK government's Open Standards consultation. As well as a quick look at the remaining two chapters, I include my responses to individual questions at the end.

On Open Enterprise blog.

WURFL: a cautionary tale

A few months ago, I wrote about the library management program Koha, and how the irruption of money into the previously tranquil world of open source led to some painful arguments. Sadly, that's not a unique example, as the recent case of WURFL demonstrates.

On The H Open.

UK Labour Party: Let's Just Get On With Kicking People Offline Over Copyright Infringement

As Techdirt reported at the time, the UK's Digital Economy Bill was rammed through Parliament, without proper scrutiny or even much democratic process, in the dying hours of the previous government. Since then, the implementation of the Digital Economy Act has moved forward relatively slowly. That's partly because there have been a series of legal challenges from ISPs concerned about its legality (and likely cost for them). In addition, it made sense for the current UK government to wait for the completion of the Hargreaves report on copyright in the digital age before proceeding. 

On Techdirt.

Why Ebook Portal Library.nu Differed From Other Filesharing Sites

A couple of weeks ago the popular ebook portal Library.nu was shut down, apparently voluntarily, after a coalition of book publishers obtained an injunction against it and a similar site. As an excellent post on the kNOw Future Inc. blog points out, Library.nu was significant in a number of ways: 

On Techdirt.

One More Copyright Infringement, And HADOPI Must Disconnect Itself From The Net

The governmental body that oversees France's "three-strikes" law, HADOPI, has already been caught once infringing on the copyright of others -- by using a logo designed with unlicensed fonts. Now it's been spotted using photographs without respecting the so-called "moral rights" of the photographer, which include the right to attribution (French original), absent on HADOPI's site. Such moral rights are taken very seriously in France, where they are automatic, perpetual and cannot be waived (unlike in some other jurisdictions, such as the United Kingdom.) 

On Techdirt.