Today we, along with EFF and the Open Technology Initiative, filed comments in the Department of Commerce’s Internet Policy Task Force Inquiry on Copyright Policy, Creativity, and Innovation in the Internet Economy. The Task Force, run by the NTIA is the Department’s attempt to start thinking about Copyright issues and how they impact the economy. Our filing might be interesting for you because it summarizes many of the major issues in copyright policy today.
Enforcement
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Today we, along with EFF and the Open Technology Initiative, filed comments in the Department of Commerce’s Internet Policy Task Force Inquiry on Copyright Policy, Creativity, and Innovation in the Internet Economy. The Task Force, run by the NTIA is the Department’s attempt to start thinking about Copyright issues and how they impact the economy. Our filing might be interesting for you because it summarizes many of the major issues in copyright policy today.
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Today the United States Trade Representative (USTR) released the finalized text of the Anti-Counterfeiting Trade Agreement (ACTA), claiming to smooth out disagreements among the negotiating parties. However, our concerns with respect to some provisions remain. I had outlined these concerns in my previous post.
Changes in the new text
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Today the United States Trade Representative (USTR) released the finalized text of the Anti-Counterfeiting Trade Agreement (ACTA), claiming to smooth out disagreements among the negotiating parties. However, our concerns with respect to some provisions remain. I had outlined these concerns in my previous post.
Changes in the new text
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Changes in the new text
[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>Today the United States Trade Representative (USTR) released the finalized text of the Anti-Counterfeiting Trade Agreement (ACTA), claiming to smooth out disagreements among the negotiating parties. However, our concerns with respect to some provisions remain. I had outlined these concerns in my previous post.
Changes in the new text
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This whitepaper is also available as a PDF and can be purchased on the Amazon Kindle Store.
This white paper, It Will Be Awesome if They Don’t Screw it Up: 3D Printing, Intellectual Property, and the Fight Over the Next Great Disruptive Technology, examines how intellectual property (IP) law impacts the rapidly maturing technology of 3D printing, and how incumbents who feel threatened by its growth might try to use IP law to stop it.
The full text of the paper is below, but for a swankier version with colors and pictures, check out the pdf.
To watch this technology in action and listen to interviews of experts in the field, check out our 3D Printing Issue Page.
Yesterday morning, the United States Supreme Court heard oral arguments (transcript here) in the case of Costco Wholesale Corporation v. Omega, S.A., a copyright dispute that Public Knowledge has had its eye on for some time (see our brief in the case and the accompanying blog post). The legal question at the heart of the argument is a seemingly esoteric question of statutory interpretation: namely, what the phrase "lawfully made under this title" means in the context of title 17, section 109 of the U.S. Code. In plain English, the question is whether copyright law's "first sale" doctrine--which is what permits you to give a video game as a birthday present, your local public library to lend out books, and the Redbox machine at the grocery store to rent out movies--applies to items manufactured outside of the United States.
Without the first sale doctrine, those acts of giving, lending, and renting copyrighted works would infringe upon the copyright holder's exclusive right of distribution. First sale essentially says that once the copyright holder has sold a particular copy of a copyrighted work, it doesn't get to control what happens to that copy further down the line. The facts behind this particular lawsuit, where Costco is being sued for reselling wristwatches without authorization, show that copyright law is being applied in situations far removed from the creative pursuits it's traditionally been associated with. As a result, however the Supreme Court decides, the potential ramifications will be quite far-reaching.
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Yesterday morning, the United States Supreme Court heard oral arguments (transcript here) in the case of Costco Wholesale Corporation v. Omega, S.A., a copyright dispute that Public Knowledge has had its eye on for some time (see our brief in the case and the accompanying blog post). The legal question at the heart of the argument is a seemingly esoteric question of statutory interpretation: namely, what the phrase "lawfully made under this title" means in the context of title 17, section 109 of the U.S. Code. In plain English, the question is whether copyright law's "first sale" doctrine--which is what permits you to give a video game as a birthday present, your local public library to lend out books, and the Redbox machine at the grocery store to rent out movies--applies to items manufactured outside of the United States.
Without the first sale doctrine, those acts of giving, lending, and renting copyrighted works would infringe upon the copyright holder's exclusive right of distribution. First sale essentially says that once the copyright holder has sold a particular copy of a copyrighted work, it doesn't get to control what happens to that copy further down the line. The facts behind this particular lawsuit, where Costco is being sued for reselling wristwatches without authorization, show that copyright law is being applied in situations far removed from the creative pursuits it's traditionally been associated with. As a result, however the Supreme Court decides, the potential ramifications will be quite far-reaching.
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Without the first sale doctrine, those acts of giving, lending, and renting copyrighted works would infringe upon the copyright holder's exclusive right of distribution. First sale essentially says that once the copyright holder has sold a particular copy of a copyrighted work, it doesn't get to control what happens to that copy further down the line. The facts behind this particular lawsuit, where Costco is being sued for reselling wristwatches without authorization, show that copyright law is being applied in situations far removed from the creative pursuits it's traditionally been associated with. As a result, however the Supreme Court decides, the potential ramifications will be quite far-reaching.
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Without the first sale doctrine, those acts of giving, lending, and renting copyrighted works would infringe upon the copyright holder's exclusive right of distribution. First sale essentially says that once the copyright holder has sold a particular copy of a copyrighted work, it doesn't get to control what happens to that copy further down the line. The facts behind this particular lawsuit, where Costco is being sued for reselling wristwatches without authorization, show that copyright law is being applied in situations far removed from the creative pursuits it's traditionally been associated with. As a result, however the Supreme Court decides, the potential ramifications will be quite far-reaching.
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As we speak, one giant telecommunications company, the cable/programming megalith Comcast, is poised to take over another, the NBC network of local stations, cable channels and even a movie studio. At the same time, two other giants, NewsCorp., owner of the Fox network, is in a cage death match with Cablevision, another distributor/programmer as three million customers fume at the loss of the World Series and other programming.
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As we speak, one giant telecommunications company, the cable/programming megalith Comcast, is poised to take over another, the NBC network of local stations, cable channels and even a movie studio. At the same time, two other giants, NewsCorp., owner of the Fox network, is in a cage death match with Cablevision, another distributor/programmer as three million customers fume at the loss of the World Series and other programming.
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[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>As we speak, one giant telecommunications company, the cable/programming megalith Comcast, is poised to take over another, the NBC network of local stations, cable channels and even a movie studio. At the same time, two other giants, NewsCorp., owner of the Fox network, is in a cage death match with Cablevision, another distributor/programmer as three million customers fume at the loss of the World Series and other programming.
[#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/5739 [attributes] => Array ( [title] => Read the rest of Tim Wu's "Master Switch" Is A Master Work. ) ) ) ) Seventy Five law professors including, Prof. Yochai Benkler, Prof. Susan Crawford, Prof. Lawrence Lessig, and Prof. Pamela Samuelson, have written a letter to the President expressing their concerns with the Anti-Counterfeiting Trade Agreement (ACTA) and calling upon the administration to seek public input and Congresssional approval for the agreement.
Here is a copy of the letter:
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Seventy Five law professors including, Prof. Yochai Benkler, Prof. Susan Crawford, Prof. Lawrence Lessig, and Prof. Pamela Samuelson, have written a letter to the President expressing their concerns with the Anti-Counterfeiting Trade Agreement (ACTA) and calling upon the administration to seek public input and Congresssional approval for the agreement.
Here is a copy of the letter:
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Here is a copy of the letter:
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Here is a copy of the letter:
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Fox/Cablevision And FCC Learned Helplessness, or "Finding the FCC's 'Man Pants.'"
Follow @haroldfeldI feel a good deal of sympathy for FCC Chairman Julius Genachowski over the ongoing fight between Fox and Cablevision. My brother the educator likes to say that "responsibility without authority is trauma." Or, in other words, if you are responsible for something but don't actually have the authority to do anything about it, then the only thing you can do is suffer when things go wrong. So it is for Genachowski and Fox/Cablevision -- under the FCC's current rules. But here's the funny thing. The FCC actually has fairly strong statutory authority to take action. So while Genachowski is in a bind, he can actually fix the problem. He even has a vehicle all teed up and waiting in the form of our Petition to change the "retransmission consent" rules (I'll explain what those are below).
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Too busy last week to follow the ins and outs of technology and telecom policy? Don’t worry—we’ve got you covered. Here are last week’s highlights.
Public Knowledge hosted its seventh annual IP3 Awards. As one reporter put it, “scads of technology and telecommunications professionals gathered on Capitol Hill” for the event. This year, we had four winners: Pamela Samuelson for her work in Information Policy, Susan Crawford for Internet Protocol, Michael Geist for Intellectual Property, and Nina Paley also for Intellectual Property.
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Too busy last week to follow the ins and outs of technology and telecom policy? Don’t worry—we’ve got you covered. Here are last week’s highlights.
Public Knowledge hosted its seventh annual IP3 Awards. As one reporter put it, “scads of technology and telecommunications professionals gathered on Capitol Hill” for the event. This year, we had four winners: Pamela Samuelson for her work in Information Policy, Susan Crawford for Internet Protocol, Michael Geist for Intellectual Property, and Nina Paley also for Intellectual Property.
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Public Knowledge hosted its seventh annual IP3 Awards. As one reporter put it, “scads of technology and telecommunications professionals gathered on Capitol Hill” for the event. This year, we had four winners: Pamela Samuelson for her work in Information Policy, Susan Crawford for Internet Protocol, Michael Geist for Intellectual Property, and Nina Paley also for Intellectual Property.
[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>Too busy last week to follow the ins and outs of technology and telecom policy? Don’t worry—we’ve got you covered. Here are last week’s highlights.
Public Knowledge hosted its seventh annual IP3 Awards. As one reporter put it, “scads of technology and telecommunications professionals gathered on Capitol Hill” for the event. This year, we had four winners: Pamela Samuelson for her work in Information Policy, Susan Crawford for Internet Protocol, Michael Geist for Intellectual Property, and Nina Paley also for Intellectual Property.
[#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/5728 [attributes] => Array ( [title] => Read the rest of Last Week's Highlights. ) ) ) ) “The first step in recovery is admitting you have a problem.” So goes the self-help cliché. For regulatory agencies, the first step is admitting that industry has a problem and that the wonderful happy world of the unregulated market – no matter how wildly competitive it might or might not be – doesn’t always protect consumers and that in fact, sometimes, free market dogma to the contrary, you actually reach the best result for everyone by having government set basic rules of disclosure and enforcement (the classic paper on this being economist George Akerlof’s oft-cited “The Market For Lemons.” The recent experience with the meltdown of the financial services sector and its ongoing tribulations provide rather vivid proof that “trusting the market” and waiting for “proof of a problem.”
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“The first step in recovery is admitting you have a problem.” So goes the self-help cliché. For regulatory agencies, the first step is admitting that industry has a problem and that the wonderful happy world of the unregulated market – no matter how wildly competitive it might or might not be – doesn’t always protect consumers and that in fact, sometimes, free market dogma to the contrary, you actually reach the best result for everyone by having government set basic rules of disclosure and enforcement (the classic paper on this being economist George Akerlof’s oft-cited “The Market For Lemons.” The recent experience with the meltdown of the financial services sector and its ongoing tribulations provide rather vivid proof that “trusting the market” and waiting for “proof of a problem.”
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[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>“The first step in recovery is admitting you have a problem.” So goes the self-help cliché. For regulatory agencies, the first step is admitting that industry has a problem and that the wonderful happy world of the unregulated market – no matter how wildly competitive it might or might not be – doesn’t always protect consumers and that in fact, sometimes, free market dogma to the contrary, you actually reach the best result for everyone by having government set basic rules of disclosure and enforcement (the classic paper on this being economist George Akerlof’s oft-cited “The Market For Lemons.” The recent experience with the meltdown of the financial services sector and its ongoing tribulations provide rather vivid proof that “trusting the market” and waiting for “proof of a problem.”
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First, the provision requiring Internet Service Providers (ISPs) to disclose the identity of alleged infringers now contains a balancing provision. It states that procedures to disclose such information “shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with each Party’s law, preserves fundamental principles such as freedom of expression, fair process, and privacy.”
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[teaser] =>
The United States Trade Representative (USTR) and its negotiating partners today released the near-final draft of the Anti-Counterfeiting Trade Agreement (ACTA). This text, while similar to the last draft leaked in August, has a few notable changes, most of which make the text far less problematic.
First, the provision requiring Internet Service Providers (ISPs) to disclose the identity of alleged infringers now contains a balancing provision. It states that procedures to disclose such information “shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with each Party’s law, preserves fundamental principles such as freedom of expression, fair process, and privacy.”
The United States Trade Representative (USTR) and its negotiating partners today released the near-final draft of the Anti-Counterfeiting Trade Agreement (ACTA). This text, while similar to the last draft leaked in August, has a few notable changes, most of which make the text far less problematic.
First, the provision requiring Internet Service Providers (ISPs) to disclose the identity of alleged infringers now contains a balancing provision. It states that procedures to disclose such information “shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with each Party’s law, preserves fundamental principles such as freedom of expression, fair process, and privacy.”
The United States Trade Representative (USTR) and its negotiating partners today released the near-final draft of the Anti-Counterfeiting Trade Agreement (ACTA). This text, while similar to the last draft leaked in August, has a few notable changes, most of which make the text far less problematic.
First, the provision requiring Internet Service Providers (ISPs) to disclose the identity of alleged infringers now contains a balancing provision. It states that procedures to disclose such information “shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with each Party’s law, preserves fundamental principles such as freedom of expression, fair process, and privacy.”
preservesthe openness of the Internet and the public's access to knowledge, promotes creativity through balanced copyright, and upholds and protects the rights of consumers to use innovative technology lawfully.
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