November 24, 2024

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Archives for 2002

What's That "Followups" Link?

September 5, 2002 by

You may have noticed the small “Followups” link at the bottom of recent entries in this blog. That’s a feature called TrackBack. (The link previously said “TrackBack” but I’ve changed it to “Followups” since that seems a more intuitive name.) Kieran Healy offers a nice explanation of the TrackBack feature.

If you’re a reader, the Followups link lets you read what other people have written (in their own blogs) about an entry.

If you have your own blog, you can use the TrackBack feature to add yourself to that list, so readers of my blog (including me) can find your commentary. If you use Movable Type, just turn on TrackBack and the rest is easy. If you use another blogging tool, ask your tool author to add TrackBack support.

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More on China's Blocking of Google

September 5, 2002 by

Several readers responded to my previous entry on China’s censoring of Google.

Jeremy Leader pointed out that Google offers a cached copy of any page on the Web. Google’s cache would allow easy access to any blocked page, so any effective blocker must block Google.

Seth Finkelstein points to his previous discussion of overblocking due to the “need” to censor caches, search engines, and the like. The court decision striking down CIPA (the law that required libraries to use blocking software) even mentions this:

As noted above, filtering companies often block loophole sites, such as caches, anonymizers, and translation sites. The practice of blocking loophole sites necessarily results in a significant amount of overblocking, because the vast majority of the pages that are cached, for example, do not contain content that would match a filtering company’s category definitions. Filters that do not block these loophole sites, however, may enable users to access any URL on the Web via the loophole site, thus resulting in substantial underblocking.

Given the proliferation of indices, search engines, archives, translators, summarizers, and other meta-level tools on the web, the censor’s job is getting harder and harder. The people creating such sites surely outnumber the censors many times over.

Another person explained to me how to defeat China’s blocking, using simple methods well within the capability of an average Web user. The trick has two parts. The first part is to configure your browser to use any ordinary Web proxy outside China. The second part is just as easy, but I’d rather not say what it is. This method allowed access to any blocked site from within China, as of a few months ago.

Filed Under: Censorship & Filtering Tagged With: ,

Preliminary Injunction Against Aimster

September 5, 2002 by

A Federal judge has issued a preliminary injunction against the Aimster file sharing service.

The judge found it likely that Aimster will ultimately (after all the evidence is heard) be found liable for contributory and vicarious copyright infringement. Based on a quick reading, it looks like this is based on Aimster’s involvement in promoting the available files, the use of infringing files as examples in its documentation, and on its failure to enforce its stated policy of kicking off infringers.

The opinion has some commentary on the Supreme Court’s Sony Betamax decision, hinting that Betamax established a standard based on the “primary use” of a product.

The exact terms of the injunction (i.e. what Aimster will be required to do or not do) are yet to be decided.

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Defense of Berman-Coble Bill Offered

September 5, 2002 by

In Politech today, Congressman Berman (through an aide) offers a defense of the proposed Berman-Coble bill. (This bill would legalize certain forms of hacking by copyright owners against users of file-sharing systems.)

The gist of the defense is that the bill would only shelter copyright holders from liability to the extent that they were actually preventing redistribution of their copyrighted works, but that any impairment of unrelated activities or legal file sharing would still be liable as under current law.

If that’s actually a correct reading of the bill, then the bill might not be as bad as people say. But it’s far from clear that that is the correct reading of the bill.

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Adobe Files DMCA Challenge

September 4, 2002 by

Adobe has filed a federal lawsuit seeking a declaratory judgment that its Acrobat product does not violate the DMCA’s anti-circumvention provisions. (Here’s Adobe’s press release. I don’t have a link to the court papers yet.)

Here is the story, as far as I can tell at this point:
Any TrueType-compatible font can be labeled with bits saying whether permission is granted to embed the font into documents. Adobe Acrobat apparently does not always obey the bits’ commands. Adobe says they have good reasons for this, and that in any case Acrobat’s use of fonts does not infringe any copyright. The other party (International Typeface Corporation, or ITC) says that Acrobat is a DMCA-violating circumvention device.

It’s way to early to speculate about the merits of Adobe’s case. But there is some karmic justice in the fact that Adobe, which kicked off the Sklyarov/Elcomsoft DMCA mess, now finds itself on the other end of a DMCA threat.

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