May 5, 2024

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The Other Digital Divide

September 6, 2002 by

Long and well-written articleby Drew Clark and Bara Vaida in the National Journal’s Tech Daily, about the history of the current Hollywood vs. Silicon Valley battle over copy protection. If you’re still coming up to speed on this issue, the article is a great scene-setter. Even if you know the issue well, you still might learn a thing or two.

My favorite telling detail:

Valenti warned that the Hollings approach “might be what had to happen.”

No, the tech executives said, a process to resolve differences between the two industries was already in place: the technical working group formed in 1996. But Valenti wanted a CEO-level dialogue, not another meeting of the engineers.

Dilbert fans will recognize this as a classic Pointy-Haired Boss tactic: “We can’t solve this engineering problem. Maybe if we kick the engineers out of the room we can solve it faster.”

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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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R.I.P. Napster

September 4, 2002 by

A judge has nixed Bertelsmann’s purchase of Napster. This looks like the end of the road for Napster. From now on Napster will be nothing but a cautionary example – though precisely what cautionary lesson it offers, and to whom, will be a subject of vigorous debate.

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Misleading Term of the Week: "Content Owner"

September 4, 2002 by

Many discussions of copyright refer to “content owners.” The language of ownership is often misused in these contexts, for example by saying that Disney “owns” The Lion King, or by saying that I “own” the content on this site.

The simple fact is that I don’t own the content on this site – at least not in the same way that I own my car. All I own is the copyright on the content. The copyright gives me a certain limited bundle of rights, and leaves for you, the reader, certain other rights, whether I like it or not. Using the rhetoric of “content ownership” confuses the issue, by falsely implying that the copyright owners have more rights than the law really gives them.

(It’s relatively harmless to refer to “my book” or “my film,” as long as everybody understands that you’re not claiming ownership of the content but merely stating a relationship, just as you might refer to “my brother” or “my hometown” without implying that you own either one.)

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What's Up At CNet?

August 28, 2002 by

Declan McCullagh interviews Verizon lawyer Sarah Deutsch, over at CNet news.com. (Welcome back, Declan.) Verizon is taking the side of their customers, against Hollywood.

But check out the headline: “Why telecoms fly the pirate flag” (on the front page) and “Why telecoms back the pirate cause” (on the article itself). The pirate flag? The pirate cause? There’s nothing in the article about backing “pirates”. It’s all about Verizon building their business by defending the interests of their law-abiding customers.

This is a classic example of a headline undermining the point of an article. Usually when that happens, it’s because the reporter wrote the article and an editor wrote the headline. Are CNet’s editors so biased that they think anyone who opposes Hollywood must be an apologist for “pirates”?

UPDATE (Sept. 3): News.com has since changed the headline to the more balanced “Verizon’s copyright campaign.”

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