Posts Tagged ‘copyright’

The Cycle Of Copyright

While I disagree in many respects with Mr. Fitch, we do agree that the prefatory clause to Article 1, Section 8, Clause 8 is not a substantive limit on the laws that may be enacted by Congress under the power conferred to it.

As for the article, it is by no means a scholarly treatment of the subject simply because of the nature of the publication in which it appears. Thus, to elevate it to a status of almost being a definitive work is an oversimplification. Moreover, some of the statements made in the article are just plain wrong.

Merely by way of example, the article states that the original purpose underlying US copyright solely for the benefit of the public and not for the benefit of the author. I submit the correct answer is both. One need only look at the original copyright act and the subject matter to which copyright pertained to quickly realize that the reward for one’s labors applied to at least the first two classes of work that were eligible for protection.

I do not agree that copyright has strayed from its roots in a very general sense. I do agree, however, that the extension of subject matter eligible for protection and the extension of copyright terms does point the law in a direction that would give the drafters of the Constitution great pause for concern.

As for all the talk about monopolies, yes, they were a matter of great concern. However, through it all even Jefferson continued to defer the the limited exception pertaining to works of authorship and inventions. While I do not have a citation from whence it emanates, following the dabate concerning the Bill of Rights Jefferson was quoted as saying he was disappointed that the BoR was not all that he had hoped for. One of the provisions he lamented that was not included was to the effect “Article 9. Monopolies may be allowed to persons for their own productions in literature, and their own inventions in the arts, for a term not exceeding — years, but for no longer term, and no other purpose.” While he certainly did have in mind a constitutional term limit, it cannot be said that he was categorically opposed to all monopolies.

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Anti-P2p Lawyers Accused Of Copyright Hypocrisy

Have the copyright enforcers been caught with their hands in the cookie jar? The blog TorrentFreak today published its claim that the US Copyright Group, which has filed more than 14,000 lawsuits against anonymous P2P movie sharers, ripped off another copyright settlement group in crafting its own settlement website.

The site was tipped off by a reader, who claimed that US Copyright Group had jacked code and visual elements from Copyright Settlements, which is in a similar business: sue P2P users, then send them letters demanding a settlement to avoid trial.

The sweet smell of hypocrisy!

Or was it? We checked in with Tom Dunlap, a partner at the law firm of Dunlap, Grubb, & Weaver and the force behind US Copyright Group. He claimed to be the victim of a hit job, and he notes that the existing version of his law firm’s site bears little resemblance to the TorrentFreak picture.

“We have a company that designed the website for us (in New York),” he told Ars. “Our site does not look like or have anything to do with the other site (please look at the two sitesand not what is in the articlewhich does not make sense to me). We never had a live site like the one pictured in the article. I think this is a baseless attack to generate some negative comments. I suppose it was successful, but it is entirely not truthful to my knowledge. All we can do is modify the text though an interface in a program called Salesforce, we can’t even put the pictures and such on the site ourselves.”

But TorrentFreak stands by its story. Site founder Ernesto told Ars that he personally saw the USCG site when it resembled the Copyright Settlements site, but he does admit that the site may not have been “live” at the time. “It was not linked on any of their sites, so ‘not in use’ would be a better way to describe it,” he said.

TorrentFreak’s story must have had some accuracy to it, as the USCG site even today continued to use elements from the competing site. In the course of watching it over the afternoon, we saw one image (a stylized “sign in” box) replaced with the word “placeholder.” Then, a bit later, this was replaced in turn with the words “Please Login.” A striped background box apparently cribbed from Copyright Settlements’ site (it even had the same filename) was also scrubbed.

By late in the day, the orange arrow had gone, replaced with a blue one. And the logos for credit cards were replaced with the words, “All Major Credit Cards Accepted.”

It’s difficult to know what, if anything, to make of this. One can imagine easily enough that the web designers did indeed begin with the Copyright Settlements site as a structural model and simply forget to remove a couple of small design elements before the site went live.

If true, one expects that USCG lawyers will offer the same level of understanding to those defendants who offer their own responses about a total lack of knowledge of any nefarious behaviornumerous handwritten examples of which have already been sent to the DC court where these cases are being considered.

Let’s talk “copyright”

The story took an even more bizarre turn when a source who has previously contacted Ars about Dunlap, Grubb, & Weaver wrote in to alert us to something else: the law firm’s own page on “copyright” contains text identical to that found on a much larger legal practice’s own website.

Dunlap, Grubb & Weaver notes that “Copyright is a form of legal protection for written works including computer software, music and recordings, dramatic works, choreographic works, photographs, paintings, graphics, sculptures, audio video works, and architectural works. Generally any creative work that can be seen, heard or touched (either directly or with the aid of a machine) is protected by copyright laws. As such Copyright can provide significant protection for a broad range of intellectual property. However, securing all of the benefits of copyright protection can be tricky and failure to take certain prescribed action can result in loss of rights.”

Good stuff, huh?

The law firm of Jaeckle, Fleischmann & Mugel, which appears to employ far more attorneys than Dunlap, Grubb & Weaver, certainly thinks so. Its own definition is identical.

A second paragraph appears to be identical in its entirety, as well.

We’re not clear where this text came from, who may have copied from whom, or if the entire thing is (legally) cribbed from a trade group or public domain source. But we do know that Google can only find two instances of this paragraph on the entire Internet: one at each law firm.

We followed up with Tom Dunlap, who merely told us that “copyright is defined by the US Code.”

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Music Business Threatens Obts New Internet Hosting Provider

OpenBitTorrent is a non-commercial BitTorrent tracker that doesnt host or link to torrent files. Despite this seemingly neutral setup, both Hollywood and the music industry have declared war against what they see as an illegal service. After Hollywood won its case against the former provider of OpenBitTorrent, IFPI is now going after its new host in Spain.

In the last year or two the entertainment industries have targeted many BitTorrent sites. The majority of the verdicts against these sites have thus far ruled in favor of the copyright holders. Only in Spain have BitTorrent sites been repeatedly found to operate within the boundaries of the law.

Under Spanish law torrent sites and BitTorrent trackers deemed legal even though some of its users may be using it to download copyright infringing content. This might be one of the reasons why the OpenBitTorrent tracker moved to a Spanish host after Hollywood managed to get a court decision in their favor against its Swedish hosting provider.

The OpenBitTorrent tracker, which doesnt link to or host any torrent files and is not linked to any torrent search engine, merely serves as a facilitator of the communication between torrent users, much like BitTorrent clients do. This means that the site is not breaking any laws in Spain.

According to all Spanish legal resolutions, a link does not communicate nor reproduces the work under intellectual property, copyright expert and lawyer Javier de la Cueva told TorrentFreak. So, linking is not a violation, hosting without the rights holders permission is.

OpenBitTorrent

openbittorrent

Despite this seemingly safe legal environment, music industry lobby group IFPI decided to go after OpenBitTorrents new hosting company in Spain. A few days after OpenBitTorrent moved to SoloGigabit, its owners received a threatening letter stating that the hosting company could be liable for aiding and abetting criminal copyright infringements and receiving payments from criminal activity.

In their communication with SoloGigabit, IFPI argues that OpenBitTorrent is facilitating copyright infringements because users of The Pirate Bay may be using the tracker. The tracker performs a key function for the BitTorrent file sharing service provided by The Pirate Bay. The Pirate Bay service has been judged illegal in several countries, IFPI writes, referring to the Swedish criminal trial thats currently under appeal.

The OpenBitTorrent tracker does not itself host any copyright protected works, but enables the infringement of sound recordings and other copyright works to take place by its role in The Pirate Bay file sharing service. The copyright works are made available and infringed by users of OpenBitTorrent and The Pirate Bay, IFPI explains.

Feeling threatened by IFPIs letter, the owner of the hosting company decided to inform OpenBitTorrents operator that they have to find a new bandwidth provider by the end of July. This means that, again, OpenBitTorrent has to move to a new location, this time as the result of mere threats.

TorrentFreak contacted the owner of SoloGigabit who told us that he was not sure what to do with IFPIs complaints. After we informed the owner about the legality of BitTorrent trackers in Spain he doubted whether he had taken the right decision. However, successful or not, a lengthy battle in court is a huge burden for a small hosting company. Even though SoloGigabit might have the law on their site it is understandable that the owner is hesitant to fight IFPI.

Whatever happens, OpenBitTorrent is determined to stay online. The trackers operators told TorrentFreak that they are prepared to move to a new location again. This time, they hope to find a company that is less prone to threats from the music industry.

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