Category Archives: Intellectual Property

EU Copyright Directive: rejection of entire bill or of Article 13 only realistic options for opponents of idiocy

I'm a copyright hardliner regarding the scope of copyrightable works, a reasonably narrow exception for fair use, and remedies. I can say so without fear of contradiction from those who read my postings on copyright on this blog, particularly on Oracle v. Google, or who debated the Blizzard v. bnetd DMCA case with me back in the day. Copyright has been the basis of my livelihood ever since I started writing articles for computer magazines first, then computer books, while in high school. Meanwhile I've spent a lot of time and money developing software, and I've written tens of thousands of trivia questions (even thousands in recent years).It says something about the utter lunacy that the EU's proposed Directive on Copyright in the Digital Single Market ("EU Copyright Directive") is when a staunchly pro-copyright blogger and creator of copyrightable works like me opposes it–obviously not every single word of it, but, at a minimum, Articles 11….. To continue reading this legal news please click Read full information...

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The Payoff From California’s “Data Dividend” Must Be Stronger Privacy Laws

California Governor Gavin Newsom, in his first State of the State Address, called for a “Data Dividend” (what some are calling a “digital dividend”) from big tech. It’s not yet clear what form this dividend will take. We agree with Governor Newsom that consumers deserve more from companies that profit from their data, and we suggest that any “dividend” should take the form of stronger data privacy laws to protect the people of California from abuse by the corporations that harvest and monetize our personal information. In his February 12 address, Governor Newsom said: California is proud to be home to technology companies determined to change the world. But companies that make billions of dollars collecting, curating and monetizing our personal data have a duty to protect it. Consumers have a right to know and control how their data is being used. I applaud this legislature for passing the first-in-the-nation digital privacy law….. To continue reading this legal news please click Read full information...

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Oakland Renters Deserve Quality Service and The Power To Choose Their ISP

Oakland residents, we need your stories and experience to continue the fight to stop powerful Internet Service Providers (ISPs) from limiting your ability to choose the service that’s best for you. Submit Your Story If you live in Oakland and have had trouble acquiring service from the ISP of your choice, EFF wants to know. Even in cities like Oakland where many residents ostensibly have a choice, thousands of renters are denied the power of that option. For years, renters have been denied access to the Internet Service Provider of their choice as a result of pay-to-play schemes. These schemes―promoted by the corporations in control of the largest Internet Service Providers―allow powerful corporations to manipulate landlords into denying their tenants the ability to choose between providers who share their values, or have plans that provide the best service meeting a customer's needs and budget. This concern was only exacerbated when the FCC repealed the….. To continue reading this legal news please click Read full information...

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Giving the Authors a Voice in Litigation?  An ACS v. ResearchGate Update

You might recall me writing about ACS v. ResearchGate, a lawsuit filed last fall in the United States by ACS and Elsevier against ResearchGate. It followed a similar lawsuit filed a year earlier in Germany.  In both the German and U.S. versions of this lawsuit, the basic complaint is that ResearchGate infringed the publishers’ copyrights by hosting and publicly distributing scholarly articles for which the publishers claim to own exclusive rights. Nothing had happened in the U.S. case for months, but yesterday ResearchGate made several filings.  ResearchGate has apparently retained Durie Tangri (the same law firm that represented Google in the Google Books lawsuit) and has invested in making some opening arguments that I think are pretty smart. Authors rights: the argument I’ve been waiting for The most interesting ResearchGate filing isn’t its factual answer to the complaint, but rather the motion that ResearchGate made accompanying its answer. That….. To continue reading this legal news please click Read full information...

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The Final Version of the EU's Copyright Directive Is the Worst One Yet

Despite ringing denunciations from small EU tech businesses, giant EU entertainment companies, artists' groups, technical experts, and human rights experts, and the largest body of concerned citizens in EU history, the EU has concluded its "trilogues" on the new Copyright Directive, striking a deal that—amazingly—is worse than any in the Directive's sordid history. Take Action Stop Article 13 Goodbye, protections for artists and scientists The Copyright Directive was always a grab bag of updates to EU copyright rules—which are long overdue for an overhaul, given that it's been 18 years since the last set of rules were ratified. Some of its clauses gave artists and scientists much-needed protections: artists were to be protected from the worst ripoffs by entertainment companies, and scientists could use copyrighted works as raw material for various kinds of data analysis and scholarship. Both of these clauses have now been gutted to….. To continue reading this legal news please click Read full information...

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