Pirates of the Digital Millennium: Learning about intellectual property

Written by Nick on June 12, 2006

pirates

Music and videos — these forms of entertainment are the ones that are often known to be pirated. Through technology, the barriers to access have been removed and we could share everything with each other through p2p networks, IRC and other means on the Internet. It makes everything easier, so to speak.

Have you ever wondered about intellectual property rights and that you might be violating some of them? How about thinking that the law does not seem to understand the culture we have? Do you think that everything on the internet is legal? If you have been asking these questions, the book “Pirates of the Digital Millennium” by John Gantz and Jack Rochester might help you understand the issues.

Chapter 1 has the title “Are you a digital pirate?” This chapter asks the questions regarding the perception of piracy. Throughout the book, you will read the different studies conducted in order to know how people see themselves when it comes to intellectual property rights and piracy.

The book also serves as some sort of primer on copyright. Currently, there are different perspectives on copyrights and for us to understand it more, the book even included the history of copyright.

The different perspectives on copying and downloading files (music, videos, software, games etc.) are included in the book. In this age of computers and Internet, things look blurry as the materials are not physically tangible and as the origin of copyright would seem to be more concerned with the tangible materials, there is that resulting conflict. Some people propose the need for change in the business models of the media industry in order for them and the consumers to have a clear understanding.

Categories: Downloading Legally

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Pearl Jam released their video for free online

Written by Nick on June 10, 2006

google video
Too late for this to be called news per se but it is true — Pearl Jam released a video of theirs online for free! It was on on Google video. According the the Google blog blog entry Attention All Pearl Jam Fans:

And in line with the band’s experimental personality, Pearl Jam released the “Life Wasted” video under a Creative Commons “some rights reserved” copyright license. What does all that legal gibberish mean to you? It means that you can download the video for free, share it with your friends, and even post it on your own site–provided you give the band credit and don’t use it for commercial purposes. It’s yet another example of Pearl Jam putting its fans first.

This is a great way of promoting their video. Their fans could share it with each other and with everyone at that. Fans support the band in different ways and if you think about it, they do not really lose much because fans will still want to their concerts, and get other paraphernalia.

For those who were not able to download the said video, it is not too late yet. There is probably someone among your friends or buddy list who has a copy of it on the computer or on their respective blogs. Just don’t forget one important thing: Pearl Jam has specifically said something about some rights being reserved. Make sure you credit the band.

Categories: Downloading Legally, Videos

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Legal music downloads on the MTV site

Written by Nick on June 8, 2006

MTV Logo

Some people call the generation of teens today as the “MTV generation.” They characterize these young people as hooked on to MTV and the lifestyle that it promotes. Well, one thing is for sure about MTV: it encourages the love of music and as such, they even provide ways for them to be legally downloaded on the computer.

As it says on the FAQ:

Click on Music in the navigation bar on any page to go to the Music section of our site to download audio and video files of the latest hits, tune in to MTV streaming radio stations, learn more about videos with extended play, or to remix your favorite artist’s music.

The icon to look for:

Currently this is one of the ways that we could supposedly help the music industry. Curbing piracy and encouraging people to get the music from legitimate sources. Of course, after legally downloading them, we are responsible for them as individuals. MTV has been discouraging folks from illegally downloading music and buying pirated CDs.

It is tempting to share the music you have legally downloaded with other people, especially your friends. But you must remember that until there are no new business models for selling music in digital format, we must be responsible. Point them to sources of legal music and video downloads instead of going to peer-to-peer networks. There are documented cases of young people being sued because the music in their computers. For the moment, while visiting the MTV site, enjoy the downloads they have there.

Categories: Downloading Legally, Music, Videos

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The Four Basic Principles of Fair Use

Written by Nick on June 6, 2006

The legal concept of “copyright” was first ratified by the United Kingdom’s Statute of Anne of 1709. As room was not made for the unauthorized reproduction of copyrighted content within this newly formulated statutory right, the courts gradually created a doctrine of “fair abridgement”, which later became “fair use”, that recognized the utility of such actions. The doctrine only existed in the U.S. as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. § 107, excerpted here:

Not withstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Categories: Downloading Legally, Resources

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What is Fair Use?

Written by Nick on June 4, 2006

We’ve heard of talk of fair use in the context of downloading, sharing and performing of copyrighted works. What’s it all about? How are ordinary consumers affected? It’s good if we know our rights as consumers, and it’s also good for creators of content, art or music to acknowledge fair use.

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term “fair use” is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions.

Categories: Downloading Legally, Resources

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Nano to reach 12 GB

Written by Nick on June 2, 2006

A recent Gartner report points out that Apple’s buying power may be able to press NAND flash prices low enough for greatly increased capacity Nano’s when their rumored refresh appears in the fall.

Gartner forecasts that a 16Gb (2GB) device will be available in the third quarter for about $30, down from its current price of about $35. Due to Apple’s procurement power and investment, it is conceivable that it could get pricing for a device at $25 or even $20.

This pricing would enable capacities of 12GB, leaving enough room for the remaining component and manufacturing costs as well as Apple’s margin, while still reaching a $250 price point.

A recent rumor stated that Apple has been stocking up on NAND flash memory, presumably for iPods. The current highest-capacity iPod Nano is 4 GB

Categories: Downloading Legally, Site News, ipods

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