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market value re-do
May 18, 2005Yahoo forces RIAA staff cutbacks…
So says Blog Maverick, Mark Cuban.
His point: Yahoo's new service effectively resets the market value of music, and by extension, greatly reduces potential damage claims against file-sharers--to the point where it's not worth a suit or another piece of legislation to try to stop them.
Talk about paradigm-shifts.
on friends and strangers
May 13, 2005Schaumann on Direct Infringement in P2P: Corante > The Importance of... >
In the article, Ernest Miller reviews Schaumann's recent paper. And while I disagree where Mr. Miller disagrees with Schaumann, I still see Miller's "share with friends, not strangers" standard still lacking from a legal perpective.
The whole six-degrees of separation and social networking phenomena proves that "friends of friends of friends" can result in a sizable sphere of contacts--or in this case--content. In other words, the friends standard is probably insufficient if the standard is meant to limit the distribution of copyrighted materials. "Private" all too easily becomes a form of de facto "public".
However, sharing with friends within a single degree of a sharer with an agreement not to share beyond that seems more reasonable--a "share only what hasn't been shared with you with friends" standard. It's a mouthful, but I think it works.
Also, alternative copyrights might allow for broader distribution, should the holder wish to encourage a more viral, non-royalty-generating mode of distribution.
Thoughts?
aussie law under review
May 12, 2005Here's a novel idea. The Australian government is asking for the public's input on how to fix Copyright in that country, rather than only listening to industry lobbyists. Who would of thunk it?
Slashdot | What Would You Ask For in Copyright Law?
And amid the discussion emerges a well thought-out recommendation from a few US grad students.
Sing it with me, people:
I believe that children are our future...
today's matinee: chucky's revenge
May 9, 2005Welcome to the Future | Ourmedia
Filmaker, Blogger, Revolutionary, and long-time "chum" Chuck Olsen has recently posted a superb short video that humorously and succinctly highlights the many conflicting forces at work when it comes to exercising fair use rights, being a devoted fan, and navigating the draconian rules surrounding copyright.
By the way, more examples of Chuck's unique brand of activism, documentarianism, and journalism can be found here, here, and here... and here.
neener neener neener?
May 9, 2005Boing Boing: V-TV DAY: WE WON THE BROADCAST FLAG FIGHT!
Cory soaks up the victory and does a little gloating while he's at it.
Prospects for future legislation, you ask? Doctrow sums it up thusly:
The fact is, elected lawmakers are not suicidal enough to break their constituents' televisions.
Good point. Congrats to the Public Knowledge the EFF, and everyone involved in this hard fought win.
more on balance vs. the extreme
May 5, 2005This in reference to another interesting debate on "paid advertising" vs. "word of mouth".
fairuselink
May 3, 2005MediaRights, a nonprofit organization, helps media makers, educators, librarians, nonprofits, and activists use documentaries to encourage action and inspire dialogue on contemporary social issues.
commonsenseless
May 3, 2005Slyck News - RIAA’s Grand Total: 10,037 - What are Your Odds?
Interesting view on your chances of getting "caught" as well as the notoriety and publicity generated on behalf of file-sharing products and services as a result of this sort of legal flailing.
Although articles such as these help illustrate the folly of the RIAA's tactics, they also tend to appeal to those who are prone to a kind of vigilantism or a Robin Hood complex of some form or another.
Fairuseless.org believes the over-zealousness on both sides of the file-sharing issue is only widening the gap. As the world has learned time and time again, extremism--in any form--can only generate net negative returns. Always.
Quieting the rancor needs to be the first step to a reasonable solution. The RIAA needs to stop its strong arm tactics and back off of its overly broad view on piracy. File-sharers, on the other hand, need to stop their flouting of the law by ceasing to download and mass-distribute content that they don't have rights to.
Starting there and then discussing the nature of usage and ownership in a thoughtful and intelligent manner may yield some more productive options. Fairuseless.org believes there is room for compromise. There should be reasonable extensions AND limits to use. Sharing and rights protection don't have to be mutally exclusive.
Both sides seem to have polarized to the most extreme positions they could possibly take and as a result have simply stopped thinking. Let's get creative.


