Jeffrey Weston >theory

Rogue Websites

Treasure Island, 1934
If their legal arm gets out of control? This is an industry that demands payment from summer camps if the kids sing Happy Birthday or God Bless America, an industry that issues takedown notices for a 29-second home movie of a toddler dancing to Prince. Traditional American media firms are implacably opposed to any increase in citizens’ ability to create, copy, save, alter, or share media on our own. They fought against cassette audio tapes, and photocopiers. They swore the VCR would destroy Hollywood. They tried to kill Tivo. They tried to kill MiniDisc. They tried to kill player pianos. They do this whenever a technology increases user freedom over media. Every time. Every single time. ... more »

How do you kill the movie and TV industries? Or more precisely (since at this level, technological progress is probably predetermined) what is going to kill them? Mostly not what they like to believe is killing them, filesharing. What's going to kill movies and TV is what's already killing them: better ways to entertain people. So the best way to approach this problem is to ask yourself: what are people going to do for fun in 20 years instead of what they do now? ... more »

Richard O'Dwyer, a computing student at Sheffield Hallam University, faces a potential 10-year term in a US jail despite never having been to America or using web servers based in the country. When still a teenager O'Dwyer set up a website, TVShack, which posted links to pirated material. It did not directly host any files, which meant, according to the student's lawyers, that it acted as little more than a Google-type search engine and did not breach copyright. ... more »

But the startlingly speedy collapse of the antipiracy campaign by some of Washington’s savviest players — not just the motion picture association, but also the United States Chamber of Commerce and the Recording Industry Association of America — signaled deep changes in antipiracy lobbying in the future. By Mr. Dodd’s account, no Washington player can safely assume that a well-wired, heavily financed legislative program is safe from a sudden burst of Web-driven populism. ... more »

The phonorecords in question were not "stolen, converted or taken by fraud" for purposes of section 2314. The section's language clearly contemplates a physical identity between the items unlawfully obtained and those eventually transported, and hence some prior physical taking of the subject goods. Since the statutorily defined property rights of a copyright holder have a character distinct from the possessory interest of the owner of simple "goods, wares, or merchandise," interference with copyright does not easily equate with theft, conversion, or fraud. The infringer of a copyright does not assume physical control over the copyright nor wholly deprive its owner of its use. Infringement implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud. ... more »

more at findings.com

theoryJan 21 2012 4:57 a.m.