Technologies and Politics of Control - User contributions [en]

Main Page

2014-04-15T11:48:21Z

Gisellebatista: /* Office Hours */

= Internet and Society: Technologies and Politics of Control=
'''LSTU E–120 - Harvard Extension School - Spring 2014 - Tuesdays 5:30-7:30 pm EST'''

'''[http://cyber.law.harvard.edu/home/contact Berkman Center for Internet and Society] - 23 Everett Street - Conference room, 2nd floor'''

It is hard to overstate the role that networked computers play in our lives. The Internet has developed not only as the greatest means of producing and sharing information that the world has ever known, but also as a fundamental tool in global political, social, and economic processes. The Net has been heralded by many as nothing less than a means of fundamentally transforming our world into one that is more just, more democratic, and more affluent, while redrawing the boundaries of political and economic power. But the Net is no longer a frontier, and the early days of the Internet exceptionalism have given way to increased regulatory responses and skepticism. Just as the Internet allowed users to discover new and interesting ways to transform lives, those who seek to control the Internet have discovered means of regulating its content and dissemination, through technological, monetary, normative, and legal means. And (as recent events have illustrated) control of the Net and its users also has a more subtle side: regulation of citizens online through powerful mechanisms of surveillance.…(4 credits) '''[[course overview|continued...]]'''

='''Syllabus at a glance'''=
{| style="background-color:#CCCCCC;"

|-
| Jan 28
| [[Politics and Technology of Control: Introduction]]
|-
| Feb 4
| [[Paradigms for Studying the Internet]]
|-
| Feb 11
| [[A Series of Tubes: Infrastructure, Broadband, and Baseline Content Control]]
| ''(Assignment 1 due)''
|-
| Feb 18
| [[Regulating Speech Online]]
|-
| Feb 25
| [[Copyright Part 1: Guiding Principles and Online Application]]
| ''(Assignment 2 due)''
|-
| Mar 4
| [[Copyright Part 2: Enforcement and Balances]]
|-
| Mar 11
| [[Collective Action, Politics, and Protests]]
|-
| Mar 18
| ''No class - Spring Break''
|-
| Mar 25
| [[Peer Production: Development from the Edges and from the Crowd]]
|-
| Apr 1
| [[Privacy Part 1: Corporate Data Gathering]]
| ''(Assignment 3 due)''
|-
| Apr 8
| [[Privacy Part 2: Government Surveillance]]
|-
| Apr 15
| [[Informing the Public in the Internet Age]]
|-
| Apr 22
| [[Hacking, Hackers, and Hacktivism]]
| ''(Assignment 4 due)''
|-
| Apr 29
| [[The Internet as a Tool of Education]]
|-
| May 6
|''No class - final project preparation''
| ''(Optional [[Assignments#Extra_Credit|Extra Credit]] due)''
|
|-
| May 13
|Final class - wrap up and student presentations
|''([[Final Project]] due)''
|
|}

{|border="1" cellpadding="5"
|-valign="top"
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'''Course Information:'''
* [[Class Participation]]
* [[Grading]]
* [[Statement on Plagiarism]]
|
'''Assignments & Projects:'''
* [[Assignments]]
* [[Assigned Readings|Complete List of Assigned Readings]]
* [[Final Project]]

|
'''Resources:'''
* [[Recorded class videos]]
* [[Powerpoint Slides from Class]]
* [http://en.wikipedia.org/wiki/Wikipedia:How_to_edit_a_page How to edit a wiki]
* [http://www.extension.harvard.edu/resources/writing.jsp Extension School Writing Center]
|
'''External:'''
* [[Upcoming Events]]
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'''People:'''
* [[Staff Contact Info]]
* [[List of User Profiles]]
|-
|}

='''Participating During Class (Tuesdays 5:30-7:30 pm ET)'''=

You can participate during class either by attending in person or through [https://continuinged.adobeconnect.com/lstu_120/ Adobe Connect]:

* The class will be held in the conference room at the Berkman Center for Internet & Society, 23 Everett St., Second Floor, Cambridge, MA 02138 ([http://cyber.law.harvard.edu/home/contact directions])

* You can use Adobe Connect to participate during class time from a remote location. Further information about that will be on this page as the class approaches.

:* We will be experimenting with remote audiovisual presentation through the Adobe Connect platform. We recommend that, if you would like to speak during class, you use a combination headphone/microphone to participate. Alternatively, you may use headphones along with your computer's built-in mic. As a last resort, you can use your computer's built-in mic without headphones, but please be aware that this may cause audio issues for both you and the class as a whole.

:* If you have any trouble running Adobe Connect, please go to the [https://continuinged.adobeconnect.com/common/help/en/support/meeting_test.htm support page on Adobe Connect's site] or click on the "Help" button in the upper right corner of the Connect window.

='''Participating Asynchronously'''=
* The recorded videotapes of the class produced by Harvard Extension School will be made available [http://cm.dce.harvard.edu/2014/02/23879/publicationListing.shtml here].

* ''Please note that if you are participating asynchronously we expect you to place comments in the "class discussion" section of that class day's page before 4pm ET on that day of class.'' Further information can be found on [[Class Participation|our class participation policy page.]]

='''Contact Information'''=
* All questions, comments, etc. should be sent to: is2015 [at] cyber [dot] law [dot] harvard [dot] edu.
** There are no set office hours; feel free to send an email, and the TAs will respond to it as soon as they can.
* If you need to contact an instructor or TA individually, please use their personal contact info located on the [[Staff Contact Info]] page.

='''Office Hours'''=
Andy, Ryan, and David will be holding office hours over the weeks of April 7 and 14 to meet with students one-on-one (either in person or via Skype) and discuss their final projects. To sign up, fill in your name next to one of the time slots below (try to do this at least 24 hours in advance of the meeting). If you would like to chat but none of these times work, please email us at is2015 at cyber dot law dot harvard dot edu to pick a time to chat. (All times are in EDT.)

'''David'''

''Tuesday, April 15''
* 2:30pm - 2:45pm * booked
* 2:50pm - 3:05pm [please email David]
* 3:10pm - 3:25pm [please email David]
* 3:30pm - 3:45pm Melissa Luke (In-person)
* 3:50pm - 4:05pm Mike Johnson (In-Person)
* 4:10pm - 4:25pm Anne Kauth

'''Ryan'''

''Wednesday, April 16''
* 10am - 10:15am ScottLapinski (In-Person)
* 10:20am - 10:35am
* 10:40am - 10:55am
* 11am - 11:15am
* 11:20am - 11:35am
* 11:40am - 11:55am Giselle Batista

Main Page

2014-04-15T11:47:41Z

Gisellebatista: /* Office Hours */

Copyright Part 2: Enforcement and Balances

2014-03-04T20:47:02Z

Gisellebatista: /* Class Discussion */

{{ClassCalendar}}

'''March 4'''

Digital technologies spawned the proliferation of sharing of media and music, which has led to a number of controversial legal and technological strategies for control and copyright enforcement. “Controversial” may be putting it lightly; the ongoing fight between copyright owners and Internet evangelists is one of the most popularly debated fights surrounding Internet control.

This class focuses on how copyright is enforced online, with particular emphasis on the "notice-and-takedown" provisions of the Digital Millennium Copyright Act ("DMCA"), which allow Internet service providers to limit their liability for the copyright infringements of their users if the ISPs expeditiously remove material in response to complaints from copyright owners. The class will also look to the now-famous fight concerning SOPA and PIPA, and other attempts to more strictly regulate against online piracy.

Joining us will be [http://cyber.law.harvard.edu/people/aholland Adam Holland], who works here at Berkman on the [https://www.chillingeffects.org/ Chilling Effects] project.

== Assignments ==

The second half of assignment 2 (commenting on prospectuses) is due ''before class'' today. Information on the assignment can be found [[Assignments#Assignment_2:_Prospectus|here]].

<onlyinclude>
== Readings/Watchings ==

; The DMCA Notice-And-Takedown Process

* Digital Media Law Project, [http://www.dmlp.org/legal-guide/copyright-claims-based-user-content Claims Based on User Content] and [http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content Protecting Yourself Against Copyright Claims Based on User Content]

* [https://www.eff.org/takedowns Electronic Frontier Foundation, Takedown Hall of Shame] (peruse)

* Chilling Effects, [http://www.chillingeffects.org/about About] and peruse the [http://www.chillingeffects.org/weather.cgi weather reports].

* [http://paidcontent.org/2013/02/24/how-google-did-the-right-thing-with-the-nascar-crash-video-and-why-it-matters/ Matthew Ingram, Paid Content, How Google did the right thing with the NASCAR crash video, and why it matters]

; Case Study - SOPA/PIPA

* [http://futureoftheinternet.org/reading-sopa Jonathan Zittrain, Kendra Albert, and Alicia Solow-Niederman, A Close Look at SOPA]

* [http://www.ethanzuckerman.com/blog/2012/01/15/mit-media-lab-opposes-sopa-pipa/ Ethan Zuckerman and Joi Ito, MIT Media Lab Opposes SOPA, PIPA]

; The big picture

* [http://torrentfreak.com/bittorrent-traffic-drops-in-america-grows-in-europe-131111/ Ernesto Van Der Sar, BitTorrent Traffic Drops in America, Grows in Europe]

* [https://www.techdirt.com/blog/casestudies/articles/20120405/11221818390/perspective-complexities-copyright-creativity-victim-infringement.shtml Erin McKeown, A Perspective On the Complexities of Copyright and Creativity from a Victim of Infringement]

== Optional Readings ==

; Case Study - ISP "Six Strikes

* [http://www.onthemedia.org/2013/feb/01/copyright-alert-system-and-six-strikes/ Brooke Gladstone, Interview with Jill Lesser of Center for Copyright Information (''On The Media'')]

* [http://www.plagiarismtoday.com/2013/02/25/the-6-likely-impact-of-six-strikes/ Jonathan Bailey, Plagiarism Today, The 6 Likely Impact of Six Strikes]

; Case Study - Operation In Our Sites

* [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1835604 Andy Sellars, Seized Sites: The In Rem Forfeiture of Copyright-Infringing Domain Names]

* [http://wendy.seltzer.org/blog/archives/2011/02/02/super-bust-due-process-and-domain-name-seizure.html Wendy Seltzer, Super Bust: Due Process and Domain Name Seizure]

</onlyinclude>

== Videos Watched in Class ==

== Links ==

== Class Discussion ==
<div style="background-color:#CCCCCC;">Please remember to sign your postings by adding four tildes (<nowiki>~~~~</nowiki>) to the end of your contribution. This will automatically add your username and the date/time of your post, like so: [[User:Andy|Andy]] 15:12, 7 November 2013 (EST)</div>

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With so much copyrighted material out in cyberspace it is helpful to have provisions like the DMCA takedown and notice provisions to help combat copyright infringement. I think it is a reasonable approach to helping prevent abuses of copyright. On the other hand, instances like the Akon takedown do appear to fall into abuse of the DMCA. Nevertheless, I would argue that the DMCA actually worked in that instance because the material was taken down, but appealed and re-posted. However, if the political satirist in the Akon incident did not have legal counsel, the takedown probably would have remained. So there, I think is a flaw in the system, in that, companies with large pockets, and legal teams may be able to enforce their own form of censorship. With the proliferation of user generated content like blogs, with bloggers commentating and re-mixing copyrighted content, what constitutes infringement is more difficult to see. The good thing is that for the most part DMCA does not impose any prior restraint on expression. Posters are allowed to post without restraint, and for the most part they are not liable as long as the material in question is taken down quickly (as least I think that last part is true?).
The class readings about chilling effects dig deeper into the problems that cease and desist letters, and DMCA takedowns have for expression on the Internet. The Chilling Effects website talks about the harm that these C&D letters can have on expression. Internet bloggers, satirists, and others may takedown their content on their own, causing a sort of self censorship for fear of prosecution from powerful adversaries.
SOPA, and PIPPA also would have caused a chilling effect, and probably out and out prior restraint on many users expression on the Internet. I think that a robust activist element from groups like the Berkman Center(shameless plug lol), the EFF, and Chilling Effects, help Internet users to know when new laws are being introduced to curb expression, and even help represent users who have had their material wrongfully censored or removed from the Internet. Yet, it concerns me a little bit that without such advocacy groups the little guys on the Internet would be at an even bigger disadvantage to the bigger fish on the internet.
One question I have was about the Bit torrent article, I didn't understand the importance of Bit torrents decline in use in the US. Was it that the decline might signify that users are avoiding bit torrent for some reason? Also, I saw that bit torrent and youtube, and netflix use disproportionate amounts of space on the system. Is this sustainable? Is it fair that a few applications and companies use up so much of the space? Does that cause harm, or take from other uses that the space could be used for? I'm not really sure how that "space" works. Is it unlimited?[[User:Mikewitwicki|Mikewitwicki]] 08:13, 4 March 2014 (EST)

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I can't wait to hear the information in this lecture pertaining to copyrighted material. I am often amazed at the sheer magnitude of the task of enforcing rights to certain types of media, particularly with the precipitous expansion of the internet. Recently a friend of mine directed me to the website letmewatchthis.ch, where you can stream movies that are currently in theaters. Many of the movies seem to be marked "for awards consideration only" which would indicate that professionals in the industry are leaking this media to the internet. As more and more people around the world gain access to the internet (I read somewhere that 8 new people a second gain access to the internet), how will copyright enforcement agencies be able to keep up? Also, it seems to me that it will require the commitment of those responsible for the content (such as those professionals in the film industry leaking content) and that buy-in does not seem to be widely taking place. [[User:Drogowski|Drogowski]] 14:35, 4 March 2014 (EST)

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Yet again, related to an earlier class, but another interesting write-up was just published on The Verge: [http://www.theverge.com/2014/2/25/5431382/the-internet-is-fucked The Internet Is Fucked (but we can fix it)] --[[User:Seifip|Seifip]] 19:05, 26 February 2014 (EST)

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Could you try to fix it by the end of the semester and outline the rectification in your final research project please? I'm certain we would all appreciate your efforts (smile).
--[[User:Melissaluke|Melissaluke]] 13:57, 4 March 2014 (EST)

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Ditto, not related to Copyright, but the theme of the class in general, politics & control of the Internet. The Quebec government started [http://www.thestar.com/news/canada/2014/02/26/quebecs_language_watchdog_targets_stores_use_of_english_on_facebook.html fining businesses] for not writing in French on their Facebook pages. I've never understood why Canada has such a stereotype of being 'nice'. [[User:Deluxegourmet|Erin Saucke-Lacelle]] 23:37, 26 February 2014 (EST)

:Erin, thanks for sharing this. Seems like a really interesting example of the ways in which the Internet and digital technologies are a new place for old and ongoing debates to play out. With so much of our lives now taking place online, it makes sense that concerns about language, heritage, and culture have to be grappled with anew. I wonder if some of the push-back from business owners-- like the one in this article who says "Facebook has nothing to do with Quebec"-- stems from the idea that the Internet is a malleable and border-less place and confusion over what laws govern speech on a global forum run by a US-based company. And yes, I have heard some Quebecois friends get a little less than "nice" when it comes to discussing their francophone heritage... [[User:Jkelly|Jkelly]] 15:16, 2 March 2014 (EST)

::Wow! That's crazy. Do you know what justification they have (or are using) to fine the businesses? Is it a case like the ADA, which prohibits discrimination against disabilities by such measures as requiring all public establishments to follow building codes to ensure disabled individuals are accommodated? By this I mean, is Quebec doing this so that French-speaking people are not excluded?[[User:Castille|Castille]] 15:51, 3 March 2014 (EST)

Hi [[User:Castille|Castille]] I have a hard time discussing this without letting it get personal, because I've faced off with Language Police, was beaten up as a kid in Quebec for being Anglophone (I was born in USA), and grew up following Quebec's laws which are at odds with the UN's Charter of Human rights (once again, WHY do Americans steriotype Canada as 'nice'??!!). So now, hearing that the Language Police are trying to control Facebook, which is an ''American'' company, I just get so mad.
Side-note: My own mother just received a letter from another Quebec Gov't agency, stating that she must delete any comments from users/customers on her company's Facebook page. [http://en.wikipedia.org/wiki/Charter_of_the_French_Language Here is a link] to the laws in question, in case anyone is interested [[User:Deluxegourmet|Erin Saucke-Lacelle]] 12:32, 4 March 2014 (EST)

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Thanks for the link Erin! I am surprised Wikipedia hasn’t received a notice to re-write the Charter of the French language under Loi 101…in French (smile). Quebec had no official language prior to 1974, and it makes a person ponder what Camille Laurin’s intent was to propose such a ridiculous idea. If the government is so fond of the language, why not impose regulation on the import/export business? All commodities created by any business residing in Quebec could be written in French. A great majority of the world would have no idea if they had purchased crude oil or a tank of CoolAid ,and we could all guess what type of prescriptions we are purchasing from them on line. If they tightened the controls a little more, and enforced all imports to be written in French, we could slowly watch Quebec become non-existent. We could read about Quebec in our history books just like the Mayan. Brilliant idea!
--[[User:Melissaluke|Melissaluke]] 13:50, 4 March 2014 (EST)

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The highly controversial Section 512 of the DMCA, 17 U.S.C. § 512 provides a “safety zone”, where online service providers could operate shielded from liability charges on account of copyright infringement. Service providers function by allowing people to modify, post, and search content on their servers. By hosting foreign content that is not generated by the OSP or ISP, they were placing themselves into position of being held liable on infringement charges. This changed in 1998, because as long as roughly three essential steps were taken, an OSP could take advantage of the “safe-harbor” clause. One of those steps is the “expeditious” removal of infringing content. On the other side, the alleged offender can send a counter-notice disputing the copyright holders claim. This might seem in favor of the public domain with an anti-copyright agenda, but it does not diminish the copyright holders privileges in any way. This provision also allows the first step of prosecution in the form of takedown notices. While these measures are beneficial for the public good and provide a degree of protection, they seem utterly inefficient in situations like Erin McKeown experienced. In an attempt to control infringers and pirates, the ICE has engaged in domain seizures, which resulted in tens of thousands of innocent websites being shut down. [[User:Emmanuelsurillo|Emmanuelsurillo]] 22:26, 1 March 2014 (EST)

The Electronic Frontier Foundation’s Takedown Hall of Shame has excellent examples of cease and desist letter offenders, even citing unusual claims such as one over the copyright privileges of a monkey’s photos! That is where major companies should take and follow Google’s example of standing up for users rights. The Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA), MIT points out that to stop pirating has many dangerous side effects including but not limited to being unconstitutional in violating certain aspects of free speech. [[User:Emmanuelsurillo|Emmanuelsurillo]] 00:06, 3 March 2014 (EST)

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I was unable to find out anything about how many actions have been taken under the Copyright Alert System. Are there any known statistics on how many of these notices have been sent out or how many consumers have been affected? (whether centrally managed, or done by a third-party watchdog like EFF?)
[[User:Jradoff|Jradoff]] 13:48, 3 March 2014 (EST)

: [http://thehill.com/blogs/hillicon-valley/technology/199124-six-strikes-thwarting-piracy-leader-says The Hill] reported that an annual report should be expected soon on Six Strikes. (It just passed its first anniversary since implementation.) We're still waiting to see if that will have a level of analysis like this. [[User:Andy|Andy]] 10:26, 4 March 2014 (EST)

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I'm in a creative industry where intellectual property is important (software / online games). Yet I think that criminalization of intellectual property violations is ridiculous.

I called all my U.S. senators and representatives back when SOPA/PIPA was in the legislative process--I found it highly offensive. It seems absurd to me that someone would be placed in jail for copyright infringement, or that we are making agencies of the U.S. government an arm of private industry by using them to enforce this (not to mention giving government broad control over shutting down content that some moneyed interest finds objectionable).

The argument used by the industry is that copyright violation is equivalent to theft. I agree that many cases of copyvio are totally wrong, but I don't see why it can't be handled entirely through civil systems. The fact is that intellectual property violations *are* different from stealing a physical good, simply because in the former case we're dealing with a nonrival good (i.e., if you steal my car then I can't use it anymore; if you copy my software package, I've lost some potential revenue from you but you haven't deprived my ability to sell it to others). Furthermore, intellectual property violations are way more complex--these are cases that just aren't as clear-cut as showing that a theft actually occurred when you are caught with my stolen car.

I listened to the songs mentioned in the "Touch the Sun" / "Slung-lo" controversy referred to in the reading materials. I empathize with the creator of Slung-lo if they really feel their creation was improperly exploited, but I simply don't see the basis for their claim. But upon my listening I found both songs to be different, and the lyrics were (as far as I could tell) totally different. Billions of songs get made--lots will be similar. I shudder to think that a large and well-funded copyright holder could use claims like this to abuse others with the threat of criminal enforcement.
[[User:Jradoff|Jradoff]] 13:58, 3 March 2014 (EST)

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It seems that SOPA, PIPA, and the DCMA all seem to be working towards the same goal, that of eradicating copyright infringement/piracy. Why is the DCMA not sufficient? Internet piracy is a huge issue for the motion picture and music industries (and I'm sure for plenty of other industries) as it is stealing. I agree with Jradoff that it's not ''quite'' as bad as actual theft of property and therefore might not warrant a jail sentence, but it is essentially the same thing. What is the difference between going into a Best Buy and stealing a DVD or CD and stealing it from home? It seems the primary difference is simply the ease of convenience for the thief. I think we have only been desensitized to this kind of theft because it is so prevalent in society. Anyways, if we agree that internet piracy is "wrong", what can be done to curtail it further than the rules currently in place (i.e. the DCMA)? Have SOPA and/or PIPA been revised? In this article that I found on Forbes [http://www.forbes.com/sites/derekbroes/2012/01/20/why-should-you-fear-sopa-and-pipa/], author Derek Broes claims to have testified before Congress to propose "many solutions, none of which violate our First Amendment Right to Free Speech", but he does not elaborate on any specific alternatives or amendments to SOPA/PIPA. What effective alternatives are there, which would go above and beyond what is already in place, but wouldn't be as "harmful" as SOPA/PIPA? Is there still talk of a new iteration of the legislature? I would imagine that with the onslaught of backlash from the initial bills, they would have to call them something different to mitigate any potential hate...[[User:Castille|Castille]] 15:51, 3 March 2014 (EST)

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The former government in Australia tried for many years to implement a voluntary scheme to crack down on piracy through a series of discussions with ISPs, instead of having the government legislating enforcement of copyright. The meetings stopped happening, as the representatives from iiNet (large Australian ISP), would often get up and walk out of the meetings.

About 18 months ago, Australian Attorney-General George Brandis made a case against iiNet which attempted to hold them liable for their users on BitTorrent for piracy purposes, which was taken to the High Court. The entertainment industry was attempting to hold the ISP's liable because it is obviously not economically viable, (even if it is in fact possible) to prosecute each piracy user individually. iiNet was successful in their defense to which the High Court unanimously ruled the ISP is not liable for the acts of their users.

iiNet’s routine business of providing access to the internet will not, by itself, mean that they authorise their customers' acts of copyright infringement. At the same time, iiNet is not obliged to contact customers or terminate their accounts in response to notices from copyright owners. Although users are liable for copyright infringement, it is hardly enforced at all in Australia. Australia is needing legislative reform in regard to copyright laws, as their attempts to enforce it have been futile. [[User:Marissa1989|Marissa1989]] 20:41, 3 March 2014 (EST)

I should also note that this is very low on the government's agenda. Most of the pirated entertainment comes from the USA. There’s no motive or benefit for the Australian Government to fight against illegal downloading on behalf of the American entertainment industry. In addition, most websites used by Australians to pirate, like BitTorrent and Pirates Bay, are American-based websites, which adds another disincentive for them. Unfortunately, a lot of piracy goes on here all too easily without intervention or blocking; almost makes me wonder if (per capita), more piracy happens here. Unless it becomes a political issue or the Australian government loses money over it, they’ll remain reluctant to spend the time or energy to fix it. [[User:Marissa1989|Marissa1989]] 00:03, 4 March 2014 (EST)

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Exciting-- I was just searching Google for an episode of Girls that I accidentally deleted from my DVR and found the following notification at the bottom of the search page:
In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may read the DMCA complaint that caused the removal(s) at ChillingEffects.org. [[User:Castille|Castille]] 00:22, 4 March 2014 (EST)

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It was interesting to read more on DMCA. I've never been too familiar with the specifics of the law but have faced it's effects constantly on YouTube as so many videos are removed over copyright claims. Reading more on it, I found this article very interesting: http://www.wired.com/threatlevel/2008/10/ten-years-later/ It portrays DMCA in a positive light, going as far as saying it "saved the web." I don't completely agree with the article, but I do think that content creators should have some safety net to ensure that their content cannot be used without proper credit or consent. And so, some safety net needs to be present but a filter that is too large is very concerning. The list of Takedown Hall of Shame is an alerting example of filtering gone wrong for the wrong reasons. It would interesting to see the solutions we come up with in the future. Will greater efforts of copyright regulation always be followed by an internet protest as large as the SOPA/PIPA one?

[[User:Lpereira|Lpereira]] 20:45, 3 March 2014 (EST)

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Piracy is a major issue in Australia. The copyright laws are more loose than compared with other countries such as the US and it is relatively easy to download content illegally. Before watching a movie, an advertisement airs with the line “You wouldn’t steal a car, you wouldn’t steal a handbag, you wouldn’t steal a movie. Downloading pirated films is stealing. Piracy - it’s a crime!”. I understand this commercial has a moral angle in hopes to minimise illegal downloading. However, If someone steals a car, handbag or wallet, a physical object that belongs to someone else has been removed without permission or payment. That would be theft. In one sense, if you download something illegally, it is a digital copy that changes hands. (‘Copy’ being the operative word). With piracy, nobody is physically deprived of anything, which is why I think most Australians don’t have a moral conflict when downloading illegally, which makes the advertisement’s suggestion that you are ‘stealing’ seem ludicrous.

Of course, this pirate ‘thief’ can make the work available to anyone for profit. However, not all online piracy is done for profit. Those profiting from piracy are the people selling copied films and CDs out of the back of their car, and people selling software ‘compilation’ disks.

Which brings me to the point, while the original creator might not be deprived of something, they ARE missing potential earnings. This is the difficult problem to solve. The past 10-odd years, we have seen a large value transfer from studios and publishers to those who will illegally download. However, I question whether or not the aspect of lost income from the entertainment industry is accurate. How is this measured? Are these estimated numbers exaggerated, or is this an honest reflection of loss for the entertainment industry?

One of the main objectives of the Copyright Alert System is to return the earnings to the entertainment industry and original owners of content. But in the end, will this system end up throttling the internet and the principles associated, i.e. free speech, that we believe the internet should stand for?
[[User:Marissa1989|Marissa1989]] 00:24, 4 March 2014 (EST)

:Marissa --

:What a wonderful post! I think you excellently encapsulate the problem both in terms of in terms of monetary quandaries when dealing with the entertainment industry online (assessing profit lost) and the moral dilemma both the user and publisher must confront. With iTunes charging $1.29 per song and most people having at least a few hundred songs on their iPod, the temptation is high to illegally download - especially amongst college student communities. iTunes has increased their prices probably to offset the lost profit from illegally downloading.

:Prominent musicians have also responded in conflicted ways with some actually embracing the idea. Artist Shakira is a known supporter of illegally downloading and has stated so in several interviews. Likewise, Beatles legend, John Lennon once said, “Music is everybody’s possession. It’s only the publishers who think that people own it" (Vignos 2012). On the other hand, Stevie Wonder fears that illegally downloading will lead to music being treated like "garbage" in the streets. The music industry has drastically changed with big business taking over as evidenced from the history of "Motown" music and the rise and fall of the father of Motown records, Berry Gordy.

:As Marissa, notes the term "stealing" is perhaps not the appropriate verb for the act because you are not physically depriving someone of something; however, it is the actual profit lost that is at stake. The problem is how this would-be profit would be calculated. How many people would have actually bought the song instead of downloading? I would guess the number would be much lower that those who went ahead and downloaded. Clearly, illegally downloading and copying music is immoral but how can we prevent this widespread practice most effectively? As it stands, very seldom are people prosecuted. Perhaps this is because the crime is not taken as seriously as other types of theft or is not as despised or looked down upon in our society. On the other hand, it might be just too difficult to catch all of the downloaders and trace their activity to a point where it would hold up in court with reasonable cause.

:http://www.michigandaily.com/opinion/viewpoint-illegal-downloads-music-industry

--[[User:AmyAnn0644|AmyAnn0644]] 10:50, 4 March 2014 (EST)

::You guys are hitting on some great points! The question of whether to call infringement "theft" or "stealing" is about as controversial as they come. On the one hand, and to borrow from [http://press-pubs.uchicago.edu/founders/documents/a1_8_8s12.html Jefferson], sharing an idea/expression/discovery is by its inherent nature nonrivalrous - I can share with you an idea without diminishing my possession of the same idea. On the other hand, if I give you something in lieu of you buying it yourself, I may not be diminishing my own possession, but I may be interfering with the author's income, and thus risking their incentive to create in the first place. But on the other, other, hand, the studies that have looked at piracy's effect on sales are wildly divergent as to whether a download can be translated to a lost sale - some, including [http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf Felix Oberholzer-Gee and Koleman Strumpf] have found that there is actually no correlation between downloads and lost sales. That sounds totally insane at first, but when you consider the possibility that a large margin of people download music they would never buy (if required to obtain the music in that way), it is much more plausible. (The study still has many other critics, of course.) [[User:Andy|Andy]] 11:01, 4 March 2014 (EST)

----

The recent Federal Appeals Court ruling ordering Google to remove the inflammatory film "The Innocence of Muslims" from YouTube.com, appears to stretch the copyright interpretation. The ruling certainly sets a precedent for both basic copyright law, eectronic distribution and the First Amendment. Not being a lawyer, Kozinski's ruling appears troubling. In reading the copyright interpretation, I get the impression we've exceed copyright law and entered in to some troubling precedents. Any thought?[[User:VACYBER|VACYBER]] 10:12, 4 March 2014 (EST)

:We'll be talking about the Garcia v. Google case for a while in the second half of class today. Stay tuned! [[User:Andy|Andy]] 10:26, 4 March 2014 (EST)

Thanks for sharing this, Vacyber. I find this to be a dangerous, unconstitutional precedent and appalling ruling! If anyone has seen the video, it did not incite violence of any kind. Simply because someone interpreted a video to be insulting does not warrant its removal. If everything posted online that someone (or some group) deemed offense were to be removed, the court would never have a day off and the internet as we know it may cease to exist (at least in terms of its vast information-sharing capabilities). By catering to one group and limiting freedom of speech, we are not doing anyone any favors and are only foolishly destructing our own liberties. It will be interesting to see how future cases will be handled and I look forward to the class discussion!
--[[User:AmyAnn0644|AmyAnn0644]] 11:01, 4 March 2014 (EST)

----

Erin McKeown's article rises a very important point that is common too most of the legal system, not just copyright: Most laws claim that they intent to protect those most in need, but in fact favour the big and powerful, usually rich as opposed to poor, and groups and corporations as opposed to individuals. Now, I'm not one of the people who believe poor individuals intrinsically deserve more that rich corporations, but I do believe they deserve to have equal protection in our legal system, and not just on paper. The problem is, the way copyright law, and many other laws work, it is usually not viable for individuals to sue infringers because it takes too much time, money, knowledge (for starters, the knowledge that you ''can'' sue at all) and other resources. Especially given that most individuals do not have the knowledge or a legal team behind them who could provide them with the knowledge related to copyright law, they are much less likely to benefit from it as they cannot easily estimate whether any action will be worth the investment. This is a major problem that that needs to be resolved, lest the copyright law benefits more those who infringe, than their victims. --[[User:Seifip|Seifip]] 11:50, 4 March 2014 (EST)

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This just in... The Russian court in Khabarovsk forced Rostelekom to block internet access to Wikipedia (!!), Yandex (largest Russian website) and Kinopoisk (Russian IMDB). The pretext is that the three websites contain anti-semitic content, in case of Wikipedia a link to Mein Kampf in the article on Hitler. --[[User:Seifip|Seifip]] 13:18, 4 March 2014 (EST)

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Having read all articles, I came to conclusion that "takedown notices" are quite enough for prevention of copyrights infringement. It sould also be applied to defamation, trademark and other intellectual property rights as the system proves to be very effective. POPA and PIPA cannot be accepted as: 1) they are unlikely to be implemented due to absence of mechanism of searching the sites that infringe copyrights (there are hundrends/thousands of them); if this legislation is adopted and not implemented in future, the power of legislation can be undermoned 2) the website may contain legal and "illegal" materials, so it will be unfair to block the particular webiste on this ground. Aysel Ibayeva([[User:Aysel|Aysel]] 14:28, 4 March 2014 (EST))

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The problematics of copyright infringements is widespread on the web. From musicians to journalists and other content creators, it is becoming harder and harder to track it all particularly due to the amount of content being uploaded every second. However, I think that a mere "take-down" notice should suffice to prevent such act. I like to use the example of YouTube's Contend ID technology for it is an effective and quick way to help resolve copyright infringement claims from content creators. For YouTube, they could resolve copyright infringement claims in three different ways. The content owner could choose to block, remove, or better yet monetize their claim. Therefore, the payoff for the claimer is highest in any case. Unfortunately, all governments, regulators, and ISPs do not have YouTube's technology or resources to handle copyright infringements claims at the same level. As a result, I think that a "take-down" notice should be enough. [[User:cheikhmbacke|cheikhmbacke]] 15:32, 4 March 2014 (EST)

----
First of all , during my reading of the class discussion, I recalled Spotify that offers streaming service created by Daniel Ek and sponsored by Sean Parker, with the purpose of reducing piracy in a European country such as Sweden. At the time, Sweden was the home of Pirate Bay where the Swedish thought was a right to listen free lyrics. Is It a solution against piracy sponsored by the creator of Napster? Nowadays, where transformations occur online, where social interactions are hype, where the share of information is a global necessity. Therefore, the market for music develops with greater efficiency. Many companies are creating ways to combat piracy and developing the market with a higher quality service in order to change the behaviors of the users. However, the rules of copyright are not adapted for the challenges of the new concept of the new virtual market. Gisellebatista

Copyright Part 1: Guiding Principles and Online Application

2014-02-25T19:41:39Z

Gisellebatista: /* Class Discussion */

{{ClassCalendar}}

'''February 25'''

The Internet has enabled individuals to become involved in the production of media and to distribute their contributions widely at a very low cost. The former bastion of the entertainment industry is opening up to what many are calling a democratization of culture. The copyright doctrine of fair use seemingly bolsters the right to recut, reframe, and recycle previous works, but the protection fair use gives to those re-purposing copyrighted material is notoriously uncertain.

Over the next two classes, this course will take up the some of the issues related to copyright protection and enforcement online. Today’s class will focus on the legal regime of copyright: what it protects, what it doesn’t protect, and how the doctrine has transformed in light of digital reproduction and distribution.

<onlyinclude>

== Assignments ==

The first half of assignment 2 (posting your prospectus) is due ''before class'' today. Information on the assignment can be found [[Assignments#Assignment_2:_Prospectus|here]]. Please note that we have updated the [[Final_Project#Frequently_Asked_Questions|final project page's FAQ section]] based on some student questions that have come to us over the past week.

== Readings/Watchings ==

; The mechanics of copyright law

* [https://en.wikipedia.org/wiki/Copyright_Clause Wikipedia, Copyright Clause]

* [http://www.copyright.gov/circs/circ01.pdf U.S. Copyright Office, Circular 1: Copyright Basics] (read only Who Can Claim Copyright?, What Works Are Protected?, What is Not Protected by Copyright?, How to Secure a Copyright, and How Long Copyright Protection Endures)

* [http://www.law.cornell.edu/uscode/text/17/107 17 U.S.C. § 107 - Limitations on Exclusive Rights: Fair Use]

; Digital applications and new challenges

* [http://blip.tv/lessig/it-is-about-time-getting-our-values-around-copyright-2847688 Lawrence Lessig, It is About Time: Getting Our Values around Copyright] (watch first 6 minutes)

* [http://arstechnica.com/tech-policy/2012/08/why-johnny-cant-stream-how-video-copyright-went-insane/ James Grimmelmann, Why Johnny Can’t Stream: How Video Copyright Went Insane]

; Copyright solutions

* [https://www.youtube.com/watch?v=1DKm96Ftfko Creative Commons, A Shared Culture] (video, watch all) and [http://wiki.creativecommons.org/Spectrumofrights_Comic1 Spectrum of Rights]

* [http://www.copyhype.com/2012/08/there-is-no-magic-bullet/ Terry Hart, There is No Magic Bullet]

* [http://www.uspto.gov/news/publications/copyrightgreenpaper.pdf U.S. Department of Commerce: Internet Policy Task Force, Copyright Policy, Creativity, and Innovation in the Digital Economy] (Executive summary only)

* [http://www.copyright.gov/docs/next_great_copyright_act.pdf Maria Pallante, The Next Great Copyright Act] (skim Section II (323-339) only)

:* Maria Pallante is the [https://en.wikipedia.org/wiki/Register_of_Copyrights Register of Copyrights] for the United States.

== Recommended Readings ==

* [https://www.youtube.com/watch?v=2HQVBmKsVhI Lewis Hyde, Common As Air: Revolution, Art, and Ownership] (video, watch from 2:12 to 24:37)

* [http://www-personal.umich.edu/~jdlitman/papers/read.htm Jessica Litman, The Exclusive Right to Read] (introduction and Sections I and II only)

* [http://arstechnica.com/tech-policy/2008/10/dodgy-digits-behind-the-war-on-piracy/ Julian Sanchez, Ars Technica, 750,000 Lost Jobs? The Dodgy Digits Behind the War on Piracy]

* [http://www.bloomsburyacademic.com/view/Remix_9781849662505/chapter-ba-9781849662505-chapter-0001.xml Lawrence Lessig, ''Remix: Making Art and Culture Thrive in the Hybrid Economy''] (Introduction only)

</onlyinclude>

== Videos Watched in Class ==

== Links ==

== Class Discussion ==

{|class="wikitable" border=3 style="margin: auto; background-color:#FFFFCC;"
|align="center"|<big>'''REMINDER'''</big>
|-
|style="background-color:#FFFFFF;"|Your comments must be submitted '''before 4:00PM ET''' on the Tuesday we hold class in order to count for participation credit. Please see the [[Class Participation|participation policy]] for more information.
|}
<br/>
<div style="background-color:#CCCCCC;">Please remember to sign your postings by adding four tildes (<nowiki>~~~~</nowiki>) to the end of your contribution. This will automatically add your username and the date/time of your post, like so: [[User:Andy|Andy]] 15:12, 7 November 2013 (EST)</div>

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This is related to an earlier class, but a great article on Wikipedia's bots has just been published on The Verge... [http://www.theverge.com/2014/2/18/5412636/this-machine-kills-trolls-how-wikipedia-robots-snuff-out-vandalism This machine kills trolls: How Wikipedia’s robots and cyborgs snuff out vandalism] --[[User:Seifip|Seifip]] 17:53, 19 February 2014 (EST)

:What an interesting article! It seems rather shocking to me that users would protest the implementation of bots to patrol vandalism on Wikipedia. One comment cited in the article is that "Editing bots are wrong for Wikipedia, and if they allow it they are letting go of their vision of community participation in favor of the visions (or delusions) of grand technological solutions". This seems like an argument made on principle rather than for practicality's sake. Surely we benefit from these anti-vandalism bots, as Wikipedia would be worthless if people were allowed to make whatever edits they pleased, due to the proliferation of internet trolls. [[User:Castille|Castille]] 16:01, 24 February 2014 (EST)

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Regarding Copyright laws, it seems that there are many ambiguities and potential loopholes inherent in the system. How is it acceptable for musicians to freely perform "covers" of popular songs-- oftentimes to the extent that their entire act is merely covers, such as at weddings, corporate events, restaurants, etc.-- yet plays cannot be performed live without the consent of the author/copyright holder? It is not altogether uncommon in these situations for an artist to be paid to perform someone else's work, for the purpose of entertainment. What is the difference, then, between these situations? Based on Grimmelmann's article "Why Johnny can't stream", it appears that there are is an endless string of individuals and companies finding new ways to circumvent the laws, so that new laws must be implemented. Where does this stop? Is this due to rebellion against unfair copyright restrictions, companies merely trying to exploit artists and capitalize on their work, or individuals trying to be greedy or subversive?

By the way, has anyone heard about Aereo's progress, and/or where it currently stands in the legal system? I looked it up online and it seems to be taking on members who want to pre-register for the service, though the article was written in August of 2012, so you would think it would be out by now.
[[User:Castille|Castille]] 13:08, 23 February 2014 (EST)

: I was also curious about where the Aereo case(s) were currently... and happened upon this update published last week (also in arstechnica) "Aereo loses copyright fight, gets banned in 6 states" http://arstechnica.com/tech-policy/2014/02/aereo-loses-copyright-fight-to-tv-networks-in-utah/ and as Comcast/NBC "cuts a deal with Netflix"...as well as potentially merging with Time-Warner, just how "lovely" is that? http://www.forbes.com/sites/petercohan/2014/02/24/does-netflixcomcast-deal-remove-obstacle-to-twc-merger/ [[User:Psl|Psl]] 11:35, 24 February 2014 (EST)

:Great comments! As to "covers" of popular songs, those are not usually free uses, but instead uses that are licensed in ways that most of us don't normally see. As to covers of live music, those are usually handled by blanket licenses from performance rights organizations (ASCAP, BMI, and SESAC) through either the venue or the artist. For recorded covers, there is actually a statutory license in the law which allows the covering band to do this without permission, provided they pay a particular fee per copy sold. (These days most of that is administered through a corporation called the Harry Fox Agency.) And as for Aereo, [http://www.scotusblog.com/case-files/cases/american-broadcasting-companies-inc-v-aereo-inc/ the Supreme Court has agreed to hear] the appeal from the Second Circuit's case (one of many, as Psl points out), which will in all likelihood set the standard for Aereo's legality nationwide. So we will see! [[User:Andy|Andy]] 16:48, 24 February 2014 (EST)

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COPYRIGHT OF TEXTBOOKS

Based on the readings, how is it possible for new math textbooks for elementary and high school to claim copyrights when the content has not changed for decades? Perhaps examples and illustrations and format of presentation used across different textbooks may differ, but the content and concepts taught are essentially the same.

[[User:Ichua|Ichua]] 18:19, 24 February 2014 (EST)

:This question drives right to the heart of what is protected vs. unprotected under copyright. We're going to tackle that in some depth tonight. [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

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NPOV AND COPYRIGHT IN WIKIPEDIA

Because of NPOV, all content in Wikipedia need to be copied....and referenced. If one copies everything or extensively from a single source, would it still be legal? And if one copies from many sources, it is called a work of research? [[User:Ichua|Ichua]] 19:51, 24 February 2014 (EST)

[[User:Ichua|Ichua]] 19:51, 24 February 2014 (EST)

:While the question of "is that research" is a complicated one, the particular copyright licenses offered over Wikipedia content are [https://en.wikipedia.org/wiki/Wikipedia:Copyrights here]. It's a bit complicated and depends on the particular media in question, but most adhere to the [https://en.wikipedia.org/wiki/Wikipedia:Text_of_Creative_Commons_Attribution-ShareAlike_3.0_Unported_License Creative Commons CC-BY-SA] license for content, which allows use with attribution back to Wikipedia, provided what you use it for is also licensed under this same open term. We'll talk more about this tonight. [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

:I almost forgot what i wanted to say about Creative Commons. As online content developer, sometimes we do indeed want certain content to be copied freely for marketing purposes or we felt it should be offered free to certain people, but people dare not distribute such content for us because of copyright infringement. [[User:Ichua|Ichua]] 13:02, 25 February 2014 (EST)

----
The article, There is no Magic Bullet, was an interesting read. He talks about the idea of combatting piracy as often being boiled down to: “make piracy harder, make legal options easier" which is problematic. The availability of technology is making piracy a lot easier these days. While, legal options are usually a long and expensive option in most cases. This leaves us at a problem. The emergence of easy and paid websites, like amazon and netflix, worked as a legal alternative instead of piracy but it has not been successful in a world-wide scale so far. I think as long as there is a easy, free alternative, it will often be the first choice for most people, even it is illegal. It doesn't always have to be bad, especially as it relates to creative content like music. Free sharing is often a great opportunity for growth and marketing.
I'm interested to see how copyright laws and creative content will develop with the advancement of the internet. I wonder if making piracy harder is a viable option at this point without infringing on personal content.

[[User:Lpereira|Lpereira]] 20:56, 24 February 2014 (EST)

:It's a great question, and one that we're still trying to explore and understand. The anecdotal evidence we have suggests that countries that offer legal alternatives to piracy have experienced a drop in BitTorrent traffic since those have been made available, but it's near impossible to draw further conclusions off of that single point of data. [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

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Reading the Grimmelmann "Why Johnny Can't Stream" article I'm reminded of how the music industry fought so hard against services like Napster, while simultaneously it was the emergence of technology like iTunes--and the consequent unbundling of music tracks from albums--that spelled the end of their industry as they knew it. Similarly, "broadcast" and the gatekeeper model of media distribution is at an end. While the broadcasters fight services like Aero, the whole idea of DVR (whether in your living room, or in the cloud) is not going to be relevnt in the future: services like Netflix's original content (e.g., House of Cards) and HBO Go, where content will be made available by the content owner itself, disintermediating the cable networks, will be the norm. In this environment, we won't need a DVR and cable companies won't be relevant. It seems to me that part of the strategy with services like Netflix original content or HBO Go is twofold: to eliminate their dependence on distribution networks, while also rendering DVRs (and their consequent copyright issues) obsolete. After all, I'd be buying my content by-the-drink from the creator rather than from a distribution network where I have a legitimate reason to copy it and watch at different types or with commercials removed.

[[User:Jradoff|Jradoff]] 20:58, 24 February 2014 (EST)
----
A separate question: why did the framers consider copyrights/patents important enough to mention in the Constitution? Why not just leave it to Congress to worry about as part of regulating interstate commerce? As Lessig noted in his video, intellectual property law was a very minor concern for anyone prior to the 20th century. The Internet Policy Task Force doc claims that "the Framers intended copyright itself to be the engine of free expression” but that's stated as an assertion (quoting the Supreme Court) without any explanation. I'm interested in understanding the historical context and what the framers were concerned about. Thoughts?

[[User:Jradoff|Jradoff]] 21:00, 24 February 2014 (EST)

:We'll be talking about that in class today, but the Lewis Hyde lecture in the recommended reading (and his book, ''Common As Air'' tackle that at considerable length). [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

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WHY COPYRIGHT ISN'T AN ISSUE FOR ONLINE LEARNING:

Simply replicating textbooks into digital format for online accessibility is not good enough for online learning.
Otherwise, all students should be getting A's for math and science just from reading textbooks. When my staff develops online resources for math, a lot of attention goes into how to engage the student online through interactivity, choreography, and animation. We also bear in mind how these resources might be used in the classroom. We incorporate multiple modalities of teaching, learning and self-assessments. And the skills required for creating an online learning resource are very different from just producing a textbook. We need the teacher or content expert to be able to think like a script-writer, a movie producer, a choreographer, a programmer and an animator, all rolled into one.

[[User:Ichua|Ichua]] 02:44, 25 February 2014 (EST)

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PLAGIARISM AND ONLINE APPLICATION OF COPYRIGHT

It is very common to see several websites replicating the same information word-for-word. This makes internet searches very inefficient and frustrates internet users trying to do research on the web. Search robots should be used to warn website owners to remove such content.

[[User:Ichua|Ichua]] 11:38, 25 February 2014 (EST)

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HOW ONE COUNTRY CIRCUMVENTS THE COPYRIGHT PROBLEM IN DISTRIBUTION OF KNOWLEDGE TO THE POOR

The copyright protects the earnings of the author and publisher and ensures that each copy of the book contributes a return to their investment. But the poor has no money. How can a country distribute knowledge to the poor? The Indian Ministry of Education seems to have authored their own content and made these academic content available online for free.

[[User:Ichua|Ichua]] 11:57, 25 February 2014 (EST)

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Smartphones have also helped citizens in being able to access the internet without a broadband home internet connection. Estimates claim that 56% of Americans now have smartphones and this has helped to significantly bridge the gap domestically.

http://techland.time.com/2013/08/26/for-some-without-home-broadband-smartphones-bridge-the-gap/

--[[User:AmyAnn0644|AmyAnn0644]] 13:25, 25 February 2014 (EST)

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CUSTOMIZABLE ROYALTY FREE SOUNDRACKS

This is a cool software which I started to use a decade ago: http://www.smartsound.com
You can specify the duration of the desired type of music and it will auto-generate the royalty-free soundtrack.

[[User:Ichua|Ichua]] 12:22, 25 February 2014 (EST)

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NEW SOFTWARE WHICH ENHANCES CREATIVITY AND REDUCES INFRINGEMENT OF COPYRIGHT

New versions of software such as PhotoShop, Maya, and CrazyTalk, are now more powerful, user friendly and cost much less than a decade ago which enables the user to quickly create high quality original images, textures, scenes, and animations. This gives artists more incentives to exercise their own creativity and avoid copying from other sources.

[[User:Ichua|Ichua]] 12:44, 25 February 2014 (EST)

Everyday millions of videos are uploaded to the servers of YouTube and responsible for assessing whether or not they are in accordance with the rules of copyright is the ContentID. The tool was created by Google to analyze the productions in search of pieces of audiovisual works protected by copyright. The record labels and movie studios send copies of their original works and the system compares numerous excerpts with what is being shared on the network to find illegal copies on site. When the system finds a similarity between the video posted by a user with videos available in a database registered in the ContentID , the rights holders are notified and must decide what will be done. Some options are: block the video, leave it mute or unavailable; monetize by displaying ads and inserting the video link to the original owner of the content , or even track it views with the statistics being computed only on who Analytics own the copyright on the work.

http://www.youtube.com/my_videos_copyright gisellebatista

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Outside of doubling down on the penalties for copyright infringement, we seem to gather very little cooperation for addressing the challenges of digital copyright. Any solution proposed with direct enforcement appears to cut corners with due process. Let's have the ISP's monitor and throttle back activity. However, ISPs lack the skill set and capability to interpret copyright law and adjudicate penalties. Increased inspection and examination of content brings about a level of surveillance that most users are uncomfortable with in their digital travels.
[[User:VACYBER|VACYBER]] 13:12, 25 February 2014 (EST)

:Some of these hard questions between enforcement and other values will be tackled next week when we discuss the DMCA, SOPA, Six Strikes, and some of the other enforcement ideas floated over the past decade or so. As I've said a few times in this class so far, there are no easy answers here, but I hope we can explore the values at stake. [[User:Andy|Andy]] 13:59, 25 February 2014 (EST)

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Copyright Part 1: Guiding Principles and Online Application

2014-02-25T19:40:41Z

Gisellebatista: /* Class Discussion */

{{ClassCalendar}}

'''February 25'''

The Internet has enabled individuals to become involved in the production of media and to distribute their contributions widely at a very low cost. The former bastion of the entertainment industry is opening up to what many are calling a democratization of culture. The copyright doctrine of fair use seemingly bolsters the right to recut, reframe, and recycle previous works, but the protection fair use gives to those re-purposing copyrighted material is notoriously uncertain.

Over the next two classes, this course will take up the some of the issues related to copyright protection and enforcement online. Today’s class will focus on the legal regime of copyright: what it protects, what it doesn’t protect, and how the doctrine has transformed in light of digital reproduction and distribution.

<onlyinclude>

== Assignments ==

The first half of assignment 2 (posting your prospectus) is due ''before class'' today. Information on the assignment can be found [[Assignments#Assignment_2:_Prospectus|here]]. Please note that we have updated the [[Final_Project#Frequently_Asked_Questions|final project page's FAQ section]] based on some student questions that have come to us over the past week.

== Readings/Watchings ==

; The mechanics of copyright law

* [https://en.wikipedia.org/wiki/Copyright_Clause Wikipedia, Copyright Clause]

* [http://www.copyright.gov/circs/circ01.pdf U.S. Copyright Office, Circular 1: Copyright Basics] (read only Who Can Claim Copyright?, What Works Are Protected?, What is Not Protected by Copyright?, How to Secure a Copyright, and How Long Copyright Protection Endures)

* [http://www.law.cornell.edu/uscode/text/17/107 17 U.S.C. § 107 - Limitations on Exclusive Rights: Fair Use]

; Digital applications and new challenges

* [http://blip.tv/lessig/it-is-about-time-getting-our-values-around-copyright-2847688 Lawrence Lessig, It is About Time: Getting Our Values around Copyright] (watch first 6 minutes)

* [http://arstechnica.com/tech-policy/2012/08/why-johnny-cant-stream-how-video-copyright-went-insane/ James Grimmelmann, Why Johnny Can’t Stream: How Video Copyright Went Insane]

; Copyright solutions

* [https://www.youtube.com/watch?v=1DKm96Ftfko Creative Commons, A Shared Culture] (video, watch all) and [http://wiki.creativecommons.org/Spectrumofrights_Comic1 Spectrum of Rights]

* [http://www.copyhype.com/2012/08/there-is-no-magic-bullet/ Terry Hart, There is No Magic Bullet]

* [http://www.uspto.gov/news/publications/copyrightgreenpaper.pdf U.S. Department of Commerce: Internet Policy Task Force, Copyright Policy, Creativity, and Innovation in the Digital Economy] (Executive summary only)

* [http://www.copyright.gov/docs/next_great_copyright_act.pdf Maria Pallante, The Next Great Copyright Act] (skim Section II (323-339) only)

:* Maria Pallante is the [https://en.wikipedia.org/wiki/Register_of_Copyrights Register of Copyrights] for the United States.

== Recommended Readings ==

* [https://www.youtube.com/watch?v=2HQVBmKsVhI Lewis Hyde, Common As Air: Revolution, Art, and Ownership] (video, watch from 2:12 to 24:37)

* [http://www-personal.umich.edu/~jdlitman/papers/read.htm Jessica Litman, The Exclusive Right to Read] (introduction and Sections I and II only)

* [http://arstechnica.com/tech-policy/2008/10/dodgy-digits-behind-the-war-on-piracy/ Julian Sanchez, Ars Technica, 750,000 Lost Jobs? The Dodgy Digits Behind the War on Piracy]

* [http://www.bloomsburyacademic.com/view/Remix_9781849662505/chapter-ba-9781849662505-chapter-0001.xml Lawrence Lessig, ''Remix: Making Art and Culture Thrive in the Hybrid Economy''] (Introduction only)

</onlyinclude>

== Videos Watched in Class ==

== Links ==

== Class Discussion ==

{|class="wikitable" border=3 style="margin: auto; background-color:#FFFFCC;"
|align="center"|<big>'''REMINDER'''</big>
|-
|style="background-color:#FFFFFF;"|Your comments must be submitted '''before 4:00PM ET''' on the Tuesday we hold class in order to count for participation credit. Please see the [[Class Participation|participation policy]] for more information.
|}
<br/>
<div style="background-color:#CCCCCC;">Please remember to sign your postings by adding four tildes (<nowiki>~~~~</nowiki>) to the end of your contribution. This will automatically add your username and the date/time of your post, like so: [[User:Andy|Andy]] 15:12, 7 November 2013 (EST)</div>

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This is related to an earlier class, but a great article on Wikipedia's bots has just been published on The Verge... [http://www.theverge.com/2014/2/18/5412636/this-machine-kills-trolls-how-wikipedia-robots-snuff-out-vandalism This machine kills trolls: How Wikipedia’s robots and cyborgs snuff out vandalism] --[[User:Seifip|Seifip]] 17:53, 19 February 2014 (EST)

:What an interesting article! It seems rather shocking to me that users would protest the implementation of bots to patrol vandalism on Wikipedia. One comment cited in the article is that "Editing bots are wrong for Wikipedia, and if they allow it they are letting go of their vision of community participation in favor of the visions (or delusions) of grand technological solutions". This seems like an argument made on principle rather than for practicality's sake. Surely we benefit from these anti-vandalism bots, as Wikipedia would be worthless if people were allowed to make whatever edits they pleased, due to the proliferation of internet trolls. [[User:Castille|Castille]] 16:01, 24 February 2014 (EST)

----

Regarding Copyright laws, it seems that there are many ambiguities and potential loopholes inherent in the system. How is it acceptable for musicians to freely perform "covers" of popular songs-- oftentimes to the extent that their entire act is merely covers, such as at weddings, corporate events, restaurants, etc.-- yet plays cannot be performed live without the consent of the author/copyright holder? It is not altogether uncommon in these situations for an artist to be paid to perform someone else's work, for the purpose of entertainment. What is the difference, then, between these situations? Based on Grimmelmann's article "Why Johnny can't stream", it appears that there are is an endless string of individuals and companies finding new ways to circumvent the laws, so that new laws must be implemented. Where does this stop? Is this due to rebellion against unfair copyright restrictions, companies merely trying to exploit artists and capitalize on their work, or individuals trying to be greedy or subversive?

By the way, has anyone heard about Aereo's progress, and/or where it currently stands in the legal system? I looked it up online and it seems to be taking on members who want to pre-register for the service, though the article was written in August of 2012, so you would think it would be out by now.
[[User:Castille|Castille]] 13:08, 23 February 2014 (EST)

: I was also curious about where the Aereo case(s) were currently... and happened upon this update published last week (also in arstechnica) "Aereo loses copyright fight, gets banned in 6 states" http://arstechnica.com/tech-policy/2014/02/aereo-loses-copyright-fight-to-tv-networks-in-utah/ and as Comcast/NBC "cuts a deal with Netflix"...as well as potentially merging with Time-Warner, just how "lovely" is that? http://www.forbes.com/sites/petercohan/2014/02/24/does-netflixcomcast-deal-remove-obstacle-to-twc-merger/ [[User:Psl|Psl]] 11:35, 24 February 2014 (EST)

:Great comments! As to "covers" of popular songs, those are not usually free uses, but instead uses that are licensed in ways that most of us don't normally see. As to covers of live music, those are usually handled by blanket licenses from performance rights organizations (ASCAP, BMI, and SESAC) through either the venue or the artist. For recorded covers, there is actually a statutory license in the law which allows the covering band to do this without permission, provided they pay a particular fee per copy sold. (These days most of that is administered through a corporation called the Harry Fox Agency.) And as for Aereo, [http://www.scotusblog.com/case-files/cases/american-broadcasting-companies-inc-v-aereo-inc/ the Supreme Court has agreed to hear] the appeal from the Second Circuit's case (one of many, as Psl points out), which will in all likelihood set the standard for Aereo's legality nationwide. So we will see! [[User:Andy|Andy]] 16:48, 24 February 2014 (EST)

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COPYRIGHT OF TEXTBOOKS

Based on the readings, how is it possible for new math textbooks for elementary and high school to claim copyrights when the content has not changed for decades? Perhaps examples and illustrations and format of presentation used across different textbooks may differ, but the content and concepts taught are essentially the same.

[[User:Ichua|Ichua]] 18:19, 24 February 2014 (EST)

:This question drives right to the heart of what is protected vs. unprotected under copyright. We're going to tackle that in some depth tonight. [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

----
NPOV AND COPYRIGHT IN WIKIPEDIA

Because of NPOV, all content in Wikipedia need to be copied....and referenced. If one copies everything or extensively from a single source, would it still be legal? And if one copies from many sources, it is called a work of research? [[User:Ichua|Ichua]] 19:51, 24 February 2014 (EST)

[[User:Ichua|Ichua]] 19:51, 24 February 2014 (EST)

:While the question of "is that research" is a complicated one, the particular copyright licenses offered over Wikipedia content are [https://en.wikipedia.org/wiki/Wikipedia:Copyrights here]. It's a bit complicated and depends on the particular media in question, but most adhere to the [https://en.wikipedia.org/wiki/Wikipedia:Text_of_Creative_Commons_Attribution-ShareAlike_3.0_Unported_License Creative Commons CC-BY-SA] license for content, which allows use with attribution back to Wikipedia, provided what you use it for is also licensed under this same open term. We'll talk more about this tonight. [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

:I almost forgot what i wanted to say about Creative Commons. As online content developer, sometimes we do indeed want certain content to be copied freely for marketing purposes or we felt it should be offered free to certain people, but people dare not distribute such content for us because of copyright infringement. [[User:Ichua|Ichua]] 13:02, 25 February 2014 (EST)

----
The article, There is no Magic Bullet, was an interesting read. He talks about the idea of combatting piracy as often being boiled down to: “make piracy harder, make legal options easier" which is problematic. The availability of technology is making piracy a lot easier these days. While, legal options are usually a long and expensive option in most cases. This leaves us at a problem. The emergence of easy and paid websites, like amazon and netflix, worked as a legal alternative instead of piracy but it has not been successful in a world-wide scale so far. I think as long as there is a easy, free alternative, it will often be the first choice for most people, even it is illegal. It doesn't always have to be bad, especially as it relates to creative content like music. Free sharing is often a great opportunity for growth and marketing.
I'm interested to see how copyright laws and creative content will develop with the advancement of the internet. I wonder if making piracy harder is a viable option at this point without infringing on personal content.

[[User:Lpereira|Lpereira]] 20:56, 24 February 2014 (EST)

:It's a great question, and one that we're still trying to explore and understand. The anecdotal evidence we have suggests that countries that offer legal alternatives to piracy have experienced a drop in BitTorrent traffic since those have been made available, but it's near impossible to draw further conclusions off of that single point of data. [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

-----
Reading the Grimmelmann "Why Johnny Can't Stream" article I'm reminded of how the music industry fought so hard against services like Napster, while simultaneously it was the emergence of technology like iTunes--and the consequent unbundling of music tracks from albums--that spelled the end of their industry as they knew it. Similarly, "broadcast" and the gatekeeper model of media distribution is at an end. While the broadcasters fight services like Aero, the whole idea of DVR (whether in your living room, or in the cloud) is not going to be relevnt in the future: services like Netflix's original content (e.g., House of Cards) and HBO Go, where content will be made available by the content owner itself, disintermediating the cable networks, will be the norm. In this environment, we won't need a DVR and cable companies won't be relevant. It seems to me that part of the strategy with services like Netflix original content or HBO Go is twofold: to eliminate their dependence on distribution networks, while also rendering DVRs (and their consequent copyright issues) obsolete. After all, I'd be buying my content by-the-drink from the creator rather than from a distribution network where I have a legitimate reason to copy it and watch at different types or with commercials removed.

[[User:Jradoff|Jradoff]] 20:58, 24 February 2014 (EST)
----
A separate question: why did the framers consider copyrights/patents important enough to mention in the Constitution? Why not just leave it to Congress to worry about as part of regulating interstate commerce? As Lessig noted in his video, intellectual property law was a very minor concern for anyone prior to the 20th century. The Internet Policy Task Force doc claims that "the Framers intended copyright itself to be the engine of free expression” but that's stated as an assertion (quoting the Supreme Court) without any explanation. I'm interested in understanding the historical context and what the framers were concerned about. Thoughts?

[[User:Jradoff|Jradoff]] 21:00, 24 February 2014 (EST)

:We'll be talking about that in class today, but the Lewis Hyde lecture in the recommended reading (and his book, ''Common As Air'' tackle that at considerable length). [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

----

WHY COPYRIGHT ISN'T AN ISSUE FOR ONLINE LEARNING:

Simply replicating textbooks into digital format for online accessibility is not good enough for online learning.
Otherwise, all students should be getting A's for math and science just from reading textbooks. When my staff develops online resources for math, a lot of attention goes into how to engage the student online through interactivity, choreography, and animation. We also bear in mind how these resources might be used in the classroom. We incorporate multiple modalities of teaching, learning and self-assessments. And the skills required for creating an online learning resource are very different from just producing a textbook. We need the teacher or content expert to be able to think like a script-writer, a movie producer, a choreographer, a programmer and an animator, all rolled into one.

[[User:Ichua|Ichua]] 02:44, 25 February 2014 (EST)

----

PLAGIARISM AND ONLINE APPLICATION OF COPYRIGHT

It is very common to see several websites replicating the same information word-for-word. This makes internet searches very inefficient and frustrates internet users trying to do research on the web. Search robots should be used to warn website owners to remove such content.

[[User:Ichua|Ichua]] 11:38, 25 February 2014 (EST)

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HOW ONE COUNTRY CIRCUMVENTS THE COPYRIGHT PROBLEM IN DISTRIBUTION OF KNOWLEDGE TO THE POOR

The copyright protects the earnings of the author and publisher and ensures that each copy of the book contributes a return to their investment. But the poor has no money. How can a country distribute knowledge to the poor? The Indian Ministry of Education seems to have authored their own content and made these academic content available online for free.

[[User:Ichua|Ichua]] 11:57, 25 February 2014 (EST)

----

Smartphones have also helped citizens in being able to access the internet without a broadband home internet connection. Estimates claim that 56% of Americans now have smartphones and this has helped to significantly bridge the gap domestically.

http://techland.time.com/2013/08/26/for-some-without-home-broadband-smartphones-bridge-the-gap/

--[[User:AmyAnn0644|AmyAnn0644]] 13:25, 25 February 2014 (EST)

----

CUSTOMIZABLE ROYALTY FREE SOUNDRACKS

This is a cool software which I started to use a decade ago: http://www.smartsound.com
You can specify the duration of the desired type of music and it will auto-generate the royalty-free soundtrack.

[[User:Ichua|Ichua]] 12:22, 25 February 2014 (EST)

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NEW SOFTWARE WHICH ENHANCES CREATIVITY AND REDUCES INFRINGEMENT OF COPYRIGHT

New versions of software such as PhotoShop, Maya, and CrazyTalk, are now more powerful, user friendly and cost much less than a decade ago which enables the user to quickly create high quality original images, textures, scenes, and animations. This gives artists more incentives to exercise their own creativity and avoid copying from other sources.

[[User:Ichua|Ichua]] 12:44, 25 February 2014 (EST)

Everyday millions of videos are uploaded to the servers of YouTube and responsible for assessing whether or not they are in accordance with the rules of copyright is the ContentID. The tool was created by Google to analyze the productions in search of pieces of audiovisual works protected by copyright. The record labels and movie studios send copies of their original works and the system compares numerous excerpts with what is being shared on the network to find illegal copies on site. When the system finds a similarity between the video posted by a user with videos available in a database registered in the ContentID , the rights holders are notified and must decide what will be done. Some options are: block the video, leave it mute or unavailable; monetize by displaying ads and inserting the video link to the original owner of the content , or even track it views with the statistics being computed only on who Analytics own the copyright on the work.

http://www.youtube.com/my_videos_copyright

----

Outside of doubling down on the penalties for copyright infringement, we seem to gather very little cooperation for addressing the challenges of digital copyright. Any solution proposed with direct enforcement appears to cut corners with due process. Let's have the ISP's monitor and throttle back activity. However, ISPs lack the skill set and capability to interpret copyright law and adjudicate penalties. Increased inspection and examination of content brings about a level of surveillance that most users are uncomfortable with in their digital travels.
[[User:VACYBER|VACYBER]] 13:12, 25 February 2014 (EST)

:Some of these hard questions between enforcement and other values will be tackled next week when we discuss the DMCA, SOPA, Six Strikes, and some of the other enforcement ideas floated over the past decade or so. As I've said a few times in this class so far, there are no easy answers here, but I hope we can explore the values at stake. [[User:Andy|Andy]] 13:59, 25 February 2014 (EST)

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Copyright Part 1: Guiding Principles and Online Application

2014-02-25T19:38:53Z

Gisellebatista: /* Class Discussion */

{{ClassCalendar}}

'''February 25'''

The Internet has enabled individuals to become involved in the production of media and to distribute their contributions widely at a very low cost. The former bastion of the entertainment industry is opening up to what many are calling a democratization of culture. The copyright doctrine of fair use seemingly bolsters the right to recut, reframe, and recycle previous works, but the protection fair use gives to those re-purposing copyrighted material is notoriously uncertain.

Over the next two classes, this course will take up the some of the issues related to copyright protection and enforcement online. Today’s class will focus on the legal regime of copyright: what it protects, what it doesn’t protect, and how the doctrine has transformed in light of digital reproduction and distribution.

<onlyinclude>

== Assignments ==

The first half of assignment 2 (posting your prospectus) is due ''before class'' today. Information on the assignment can be found [[Assignments#Assignment_2:_Prospectus|here]]. Please note that we have updated the [[Final_Project#Frequently_Asked_Questions|final project page's FAQ section]] based on some student questions that have come to us over the past week.

== Readings/Watchings ==

; The mechanics of copyright law

* [https://en.wikipedia.org/wiki/Copyright_Clause Wikipedia, Copyright Clause]

* [http://www.copyright.gov/circs/circ01.pdf U.S. Copyright Office, Circular 1: Copyright Basics] (read only Who Can Claim Copyright?, What Works Are Protected?, What is Not Protected by Copyright?, How to Secure a Copyright, and How Long Copyright Protection Endures)

* [http://www.law.cornell.edu/uscode/text/17/107 17 U.S.C. § 107 - Limitations on Exclusive Rights: Fair Use]

; Digital applications and new challenges

* [http://blip.tv/lessig/it-is-about-time-getting-our-values-around-copyright-2847688 Lawrence Lessig, It is About Time: Getting Our Values around Copyright] (watch first 6 minutes)

* [http://arstechnica.com/tech-policy/2012/08/why-johnny-cant-stream-how-video-copyright-went-insane/ James Grimmelmann, Why Johnny Can’t Stream: How Video Copyright Went Insane]

; Copyright solutions

* [https://www.youtube.com/watch?v=1DKm96Ftfko Creative Commons, A Shared Culture] (video, watch all) and [http://wiki.creativecommons.org/Spectrumofrights_Comic1 Spectrum of Rights]

* [http://www.copyhype.com/2012/08/there-is-no-magic-bullet/ Terry Hart, There is No Magic Bullet]

* [http://www.uspto.gov/news/publications/copyrightgreenpaper.pdf U.S. Department of Commerce: Internet Policy Task Force, Copyright Policy, Creativity, and Innovation in the Digital Economy] (Executive summary only)

* [http://www.copyright.gov/docs/next_great_copyright_act.pdf Maria Pallante, The Next Great Copyright Act] (skim Section II (323-339) only)

:* Maria Pallante is the [https://en.wikipedia.org/wiki/Register_of_Copyrights Register of Copyrights] for the United States.

== Recommended Readings ==

* [https://www.youtube.com/watch?v=2HQVBmKsVhI Lewis Hyde, Common As Air: Revolution, Art, and Ownership] (video, watch from 2:12 to 24:37)

* [http://www-personal.umich.edu/~jdlitman/papers/read.htm Jessica Litman, The Exclusive Right to Read] (introduction and Sections I and II only)

* [http://arstechnica.com/tech-policy/2008/10/dodgy-digits-behind-the-war-on-piracy/ Julian Sanchez, Ars Technica, 750,000 Lost Jobs? The Dodgy Digits Behind the War on Piracy]

* [http://www.bloomsburyacademic.com/view/Remix_9781849662505/chapter-ba-9781849662505-chapter-0001.xml Lawrence Lessig, ''Remix: Making Art and Culture Thrive in the Hybrid Economy''] (Introduction only)

</onlyinclude>

== Videos Watched in Class ==

== Links ==

== Class Discussion ==

{|class="wikitable" border=3 style="margin: auto; background-color:#FFFFCC;"
|align="center"|<big>'''REMINDER'''</big>
|-
|style="background-color:#FFFFFF;"|Your comments must be submitted '''before 4:00PM ET''' on the Tuesday we hold class in order to count for participation credit. Please see the [[Class Participation|participation policy]] for more information.
|}
<br/>
<div style="background-color:#CCCCCC;">Please remember to sign your postings by adding four tildes (<nowiki>~~~~</nowiki>) to the end of your contribution. This will automatically add your username and the date/time of your post, like so: [[User:Andy|Andy]] 15:12, 7 November 2013 (EST)</div>

----

This is related to an earlier class, but a great article on Wikipedia's bots has just been published on The Verge... [http://www.theverge.com/2014/2/18/5412636/this-machine-kills-trolls-how-wikipedia-robots-snuff-out-vandalism This machine kills trolls: How Wikipedia’s robots and cyborgs snuff out vandalism] --[[User:Seifip|Seifip]] 17:53, 19 February 2014 (EST)

:What an interesting article! It seems rather shocking to me that users would protest the implementation of bots to patrol vandalism on Wikipedia. One comment cited in the article is that "Editing bots are wrong for Wikipedia, and if they allow it they are letting go of their vision of community participation in favor of the visions (or delusions) of grand technological solutions". This seems like an argument made on principle rather than for practicality's sake. Surely we benefit from these anti-vandalism bots, as Wikipedia would be worthless if people were allowed to make whatever edits they pleased, due to the proliferation of internet trolls. [[User:Castille|Castille]] 16:01, 24 February 2014 (EST)

----

Regarding Copyright laws, it seems that there are many ambiguities and potential loopholes inherent in the system. How is it acceptable for musicians to freely perform "covers" of popular songs-- oftentimes to the extent that their entire act is merely covers, such as at weddings, corporate events, restaurants, etc.-- yet plays cannot be performed live without the consent of the author/copyright holder? It is not altogether uncommon in these situations for an artist to be paid to perform someone else's work, for the purpose of entertainment. What is the difference, then, between these situations? Based on Grimmelmann's article "Why Johnny can't stream", it appears that there are is an endless string of individuals and companies finding new ways to circumvent the laws, so that new laws must be implemented. Where does this stop? Is this due to rebellion against unfair copyright restrictions, companies merely trying to exploit artists and capitalize on their work, or individuals trying to be greedy or subversive?

By the way, has anyone heard about Aereo's progress, and/or where it currently stands in the legal system? I looked it up online and it seems to be taking on members who want to pre-register for the service, though the article was written in August of 2012, so you would think it would be out by now.
[[User:Castille|Castille]] 13:08, 23 February 2014 (EST)

: I was also curious about where the Aereo case(s) were currently... and happened upon this update published last week (also in arstechnica) "Aereo loses copyright fight, gets banned in 6 states" http://arstechnica.com/tech-policy/2014/02/aereo-loses-copyright-fight-to-tv-networks-in-utah/ and as Comcast/NBC "cuts a deal with Netflix"...as well as potentially merging with Time-Warner, just how "lovely" is that? http://www.forbes.com/sites/petercohan/2014/02/24/does-netflixcomcast-deal-remove-obstacle-to-twc-merger/ [[User:Psl|Psl]] 11:35, 24 February 2014 (EST)

:Great comments! As to "covers" of popular songs, those are not usually free uses, but instead uses that are licensed in ways that most of us don't normally see. As to covers of live music, those are usually handled by blanket licenses from performance rights organizations (ASCAP, BMI, and SESAC) through either the venue or the artist. For recorded covers, there is actually a statutory license in the law which allows the covering band to do this without permission, provided they pay a particular fee per copy sold. (These days most of that is administered through a corporation called the Harry Fox Agency.) And as for Aereo, [http://www.scotusblog.com/case-files/cases/american-broadcasting-companies-inc-v-aereo-inc/ the Supreme Court has agreed to hear] the appeal from the Second Circuit's case (one of many, as Psl points out), which will in all likelihood set the standard for Aereo's legality nationwide. So we will see! [[User:Andy|Andy]] 16:48, 24 February 2014 (EST)

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COPYRIGHT OF TEXTBOOKS

Based on the readings, how is it possible for new math textbooks for elementary and high school to claim copyrights when the content has not changed for decades? Perhaps examples and illustrations and format of presentation used across different textbooks may differ, but the content and concepts taught are essentially the same.

[[User:Ichua|Ichua]] 18:19, 24 February 2014 (EST)

:This question drives right to the heart of what is protected vs. unprotected under copyright. We're going to tackle that in some depth tonight. [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

----
NPOV AND COPYRIGHT IN WIKIPEDIA

Because of NPOV, all content in Wikipedia need to be copied....and referenced. If one copies everything or extensively from a single source, would it still be legal? And if one copies from many sources, it is called a work of research? [[User:Ichua|Ichua]] 19:51, 24 February 2014 (EST)

[[User:Ichua|Ichua]] 19:51, 24 February 2014 (EST)

:While the question of "is that research" is a complicated one, the particular copyright licenses offered over Wikipedia content are [https://en.wikipedia.org/wiki/Wikipedia:Copyrights here]. It's a bit complicated and depends on the particular media in question, but most adhere to the [https://en.wikipedia.org/wiki/Wikipedia:Text_of_Creative_Commons_Attribution-ShareAlike_3.0_Unported_License Creative Commons CC-BY-SA] license for content, which allows use with attribution back to Wikipedia, provided what you use it for is also licensed under this same open term. We'll talk more about this tonight. [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

:I almost forgot what i wanted to say about Creative Commons. As online content developer, sometimes we do indeed want certain content to be copied freely for marketing purposes or we felt it should be offered free to certain people, but people dare not distribute such content for us because of copyright infringement. [[User:Ichua|Ichua]] 13:02, 25 February 2014 (EST)

----
The article, There is no Magic Bullet, was an interesting read. He talks about the idea of combatting piracy as often being boiled down to: “make piracy harder, make legal options easier" which is problematic. The availability of technology is making piracy a lot easier these days. While, legal options are usually a long and expensive option in most cases. This leaves us at a problem. The emergence of easy and paid websites, like amazon and netflix, worked as a legal alternative instead of piracy but it has not been successful in a world-wide scale so far. I think as long as there is a easy, free alternative, it will often be the first choice for most people, even it is illegal. It doesn't always have to be bad, especially as it relates to creative content like music. Free sharing is often a great opportunity for growth and marketing.
I'm interested to see how copyright laws and creative content will develop with the advancement of the internet. I wonder if making piracy harder is a viable option at this point without infringing on personal content.

[[User:Lpereira|Lpereira]] 20:56, 24 February 2014 (EST)

:It's a great question, and one that we're still trying to explore and understand. The anecdotal evidence we have suggests that countries that offer legal alternatives to piracy have experienced a drop in BitTorrent traffic since those have been made available, but it's near impossible to draw further conclusions off of that single point of data. [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

-----
Reading the Grimmelmann "Why Johnny Can't Stream" article I'm reminded of how the music industry fought so hard against services like Napster, while simultaneously it was the emergence of technology like iTunes--and the consequent unbundling of music tracks from albums--that spelled the end of their industry as they knew it. Similarly, "broadcast" and the gatekeeper model of media distribution is at an end. While the broadcasters fight services like Aero, the whole idea of DVR (whether in your living room, or in the cloud) is not going to be relevnt in the future: services like Netflix's original content (e.g., House of Cards) and HBO Go, where content will be made available by the content owner itself, disintermediating the cable networks, will be the norm. In this environment, we won't need a DVR and cable companies won't be relevant. It seems to me that part of the strategy with services like Netflix original content or HBO Go is twofold: to eliminate their dependence on distribution networks, while also rendering DVRs (and their consequent copyright issues) obsolete. After all, I'd be buying my content by-the-drink from the creator rather than from a distribution network where I have a legitimate reason to copy it and watch at different types or with commercials removed.

[[User:Jradoff|Jradoff]] 20:58, 24 February 2014 (EST)
----
A separate question: why did the framers consider copyrights/patents important enough to mention in the Constitution? Why not just leave it to Congress to worry about as part of regulating interstate commerce? As Lessig noted in his video, intellectual property law was a very minor concern for anyone prior to the 20th century. The Internet Policy Task Force doc claims that "the Framers intended copyright itself to be the engine of free expression” but that's stated as an assertion (quoting the Supreme Court) without any explanation. I'm interested in understanding the historical context and what the framers were concerned about. Thoughts?

[[User:Jradoff|Jradoff]] 21:00, 24 February 2014 (EST)

:We'll be talking about that in class today, but the Lewis Hyde lecture in the recommended reading (and his book, ''Common As Air'' tackle that at considerable length). [[User:Andy|Andy]] 12:31, 25 February 2014 (EST)

----

WHY COPYRIGHT ISN'T AN ISSUE FOR ONLINE LEARNING:

Simply replicating textbooks into digital format for online accessibility is not good enough for online learning.
Otherwise, all students should be getting A's for math and science just from reading textbooks. When my staff develops online resources for math, a lot of attention goes into how to engage the student online through interactivity, choreography, and animation. We also bear in mind how these resources might be used in the classroom. We incorporate multiple modalities of teaching, learning and self-assessments. And the skills required for creating an online learning resource are very different from just producing a textbook. We need the teacher or content expert to be able to think like a script-writer, a movie producer, a choreographer, a programmer and an animator, all rolled into one.

[[User:Ichua|Ichua]] 02:44, 25 February 2014 (EST)

----

PLAGIARISM AND ONLINE APPLICATION OF COPYRIGHT

It is very common to see several websites replicating the same information word-for-word. This makes internet searches very inefficient and frustrates internet users trying to do research on the web. Search robots should be used to warn website owners to remove such content.

[[User:Ichua|Ichua]] 11:38, 25 February 2014 (EST)

----

HOW ONE COUNTRY CIRCUMVENTS THE COPYRIGHT PROBLEM IN DISTRIBUTION OF KNOWLEDGE TO THE POOR

The copyright protects the earnings of the author and publisher and ensures that each copy of the book contributes a return to their investment. But the poor has no money. How can a country distribute knowledge to the poor? The Indian Ministry of Education seems to have authored their own content and made these academic content available online for free.

[[User:Ichua|Ichua]] 11:57, 25 February 2014 (EST)

It is certainly commendable that the Indian Ministry of Education is taking steps to ensure education is more widely available to the poor. However, accessing the internet is a luxury that many in India still are unable to enjoy. With some nations still struggling in affording adequate telephone coverage, it is bewildering to consider how far behind nations with little internet access have fallen in global stature. The great "internet divide" or "digital divide" has third world nations (and even domestic sub-communities) left behind both in terms of economic and educational growth. Seeing how the internet has vastly shaped our culture and world, the gap continues to grow between populations with and without internet. In fact, some argue that despite the educational benefits of the internet, pooling more education into cyberspace may actually do more to hurt the less fortunate population by preventing them access to information that they may have more easily been able to obtain in the past. On the other hand, education has boomed with digital technology as evidenced by us being able to take this incredible course from locations across the world. Bridging the gap, however, has prompted social workers, upstanding citizens and philanthropists alike to join the movement. For example, CNN 2013 Hero, Estella Pyfrom, transformed her "Brilliant Bus" into a mobile computer lab offering tutoring for low-income children and adults.

http://www.cnn.com/SPECIALS/cnn.heroes/2013.heroes/estella.pyfrom.html

Smartphones have also helped citizens in being able to access the internet without a broadband home internet connection. Estimates claim that 56% of Americans now have smartphones and this has helped to significantly bridge the gap domestically.

http://techland.time.com/2013/08/26/for-some-without-home-broadband-smartphones-bridge-the-gap/

--[[User:AmyAnn0644|AmyAnn0644]] 13:25, 25 February 2014 (EST)

----

CUSTOMIZABLE ROYALTY FREE SOUNDRACKS

This is a cool software which I started to use a decade ago: http://www.smartsound.com
You can specify the duration of the desired type of music and it will auto-generate the royalty-free soundtrack.

[[User:Ichua|Ichua]] 12:22, 25 February 2014 (EST)

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NEW SOFTWARE WHICH ENHANCES CREATIVITY AND REDUCES INFRINGEMENT OF COPYRIGHT

New versions of software such as PhotoShop, Maya, and CrazyTalk, are now more powerful, user friendly and cost much less than a decade ago which enables the user to quickly create high quality original images, textures, scenes, and animations. This gives artists more incentives to exercise their own creativity and avoid copying from other sources.

[[User:Ichua|Ichua]] 12:44, 25 February 2014 (EST)

Everyday millions of videos are uploaded to the servers of YouTube and responsible for assessing whether or not they are in accordance with the rules of copyright is the ContentID. The tool was created by Google to analyze the productions in search of pieces of audiovisual works protected by copyright. The record labels and movie studios send copies of their original works and the system compares numerous excerpts with what is being shared on the network to find illegal copies on site. When the system finds a similarity between the video posted by a user with videos available in a database registered in the ContentID , the rights holders are notified and must decide what will be done. Some options are: block the video, leave it mute or unavailable; monetize by displaying ads and inserting the video link to the original owner of the content , or even track it views with the statistics being computed only on who Analytics own the copyright on the work.

http://www.youtube.com/my_videos_copyright

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Outside of doubling down on the penalties for copyright infringement, we seem to gather very little cooperation for addressing the challenges of digital copyright. Any solution proposed with direct enforcement appears to cut corners with due process. Let's have the ISP's monitor and throttle back activity. However, ISPs lack the skill set and capability to interpret copyright law and adjudicate penalties. Increased inspection and examination of content brings about a level of surveillance that most users are uncomfortable with in their digital travels.
[[User:VACYBER|VACYBER]] 13:12, 25 February 2014 (EST)

:Some of these hard questions between enforcement and other values will be tackled next week when we discuss the DMCA, SOPA, Six Strikes, and some of the other enforcement ideas floated over the past decade or so. As I've said a few times in this class so far, there are no easy answers here, but I hope we can explore the values at stake. [[User:Andy|Andy]] 13:59, 25 February 2014 (EST)

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User:Ichua

2014-02-25T19:16:12Z

Gisellebatista: Created page with "Everyday millions of videos are uploaded to the servers of YouTube and responsible for assessing whether or not they are in accordance with the rules of copyright is the Conte..."

Everyday millions of videos are uploaded to the servers of YouTube and responsible for assessing whether or not they are in accordance with the rules of copyright is the ContentID. The tool was created by Google to analyze the productions in search of pieces of audiovisual works protected by copyright. The record labels and movie studios send copies of their original works and the system compares numerous excerpts with what is being shared on the network to find illegal copies on site. When the system finds a similarity between the video posted by a user with videos available in a database registered in the ContentID , the rights holders are notified and must decide what will be done. Some options are: block the video, leave it mute or unavailable; monetize by displaying ads and inserting the video link to the original owner of the content , or even track it views with the statistics being computed only on who Analytics own the copyright on the work.

http://www.youtube.com/my_videos_copyright

Talk:Regulating Speech Online

2014-02-18T20:04:37Z

Gisellebatista: Created page with "Observing the behavior of current providers and government leaders positions about the content of information, I see that there are not, and probably never will be, absolutely..."

Observing the behavior of current providers and government leaders positions about the content of information, I see that there are not, and probably never will be, absolutely effective legal or technological mechanisms to control content on the Internet. If the issue were simple , all undesirable socially behaviors that occur in network - the dissemination of child pornography , intellectual property infringement , manifestations of racial hatred, and many others - would be ceased a long time ago.
I agree that technological control mechanisms achieved by providers, for example, the one which can do a simply edit an information available on web site in order to remove or correct any references that cause damage; may also erase the contents of a given page or even remove files from the server that you use to store your information . Being a common and effective means of control, once the content provider is one who exercises direct control over the information or files available on the respective web site or server and may take steps to remove or block access to infringing material . Therefore , it is up to the judge to determine the adoption of reasonable technical mechanisms together with all other support measures that may be useful to obtain specific performance or equivalent practical result .
The implementation of drastic measures to control content on the Internet should be reserved for extreme cases, when this obvious public interest provided that the weighted potential damage caused to third parties, should not be adopted in other cases , especially when dealing with individual interest except in very exceptional situations, which represent rare exceptions .
The difficulties inherent in the protection of rights within the Internet can cause some perplexity . However , it is a reminder : the network is a reflection of society and , as such , imperfect and subject to injustice . If until today was not possible tutelary with absolute perfection all rights provided in a legal system, we would be innocent to expect different results us internet related conflicts .
The documentary about Mark Zuckerberg describes about the challenges faced by faced by Facebook regarding the control of content. http://youtu.be/5WiDIhIkPoM

Talk:A Series of Tubes: Infrastructure, Broadband, and Baseline Content Control

2014-02-11T19:08:57Z

Gisellebatista: Created page with "According to research conducted by Yochai Benkler about search for improvement of high-capacity networks for the next generation in different developed and developing countrie..."

According to research conducted by Yochai Benkler about search for improvement of high-capacity networks for the next generation in different developed and developing countries is based on download speed and complete connectivity. His study demonstrates the strengths and weaknesses in the broadband deal in several countries and makes a comparison to the technological transition in the next generation, while the video shows briefly how connectivity works today and makes a comparison between the most developed and developing countries. In analyzing both materials, I made the conclusion that the opportunities and technological barriers, experiences and skills gained by the different players in the innovation system flowing through this economic activity to another, establish a specific context for each country or region, that is that any set of economic incentives generate different incentives and constraints to innovation. To the extent and in cases where the divergence between economic incentives and stimulating innovation represented by externalities is substantial, differences are gradually decreased.

Talk:Main Page

2014-02-11T19:00:29Z