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July 22, 2008

Universal Proves Incompetence at Enforcing Copyright Law

Poster: Logan King
Posted on July 22, 2008 at 11:51:41 PM

Quote

Stephanie Lenz's YouTube video of her tot dancing to an old Prince song was pulled down at the request of Universal last year after the music label said that the clip infringed on its copyright. Not content with simply having Universal retract its claim, Lenz and the Electronic Frontier Foundation are out to put the squeeze on Universal for issuing a bad-faith DMCA takedown. But Universal told a judge this week that, even though the clip may in fact be "fair use," it was still "infringement" and therefore the initial takedown notice was made in good faith.


Linky.

I'm sorry Universal, but Fair Use means it was legal. You admitting that it was fair use means you have dug your own grave on this one. Universal can't be punished retroactively because it turned out to be Fair Use, but there is enough case law surrounding Fair Use that it should have been obvious in the first place. Courts cannot be allowed to turn into playgrounds for deep pocket bullies to force potential Fair Use legalities out before they are ruled upon.
Tags News fair use law copyright
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2 Comments
May 7, 2008

Do Not Buy EA Games

Poster: Aron Schatz
Posted on May 7, 2008 at 5:14:57 PM
Why are PC Games screwed? Copy protection. Mass Effect for the PC is looking to be great... until you find out that is phones home every 10 days to make sure the copy is valid. This is worse than Windows DRM. This is the reason that PC gaming is taking a hit, the crazy DRM that only stops real customers from playing. Cracked copies will work better than the original. If that's how the companies want to play it, fine. I buy games from Stardock since they contain NO protection. Hell, I bought a game from them and didn't even use it to show my support.

Quote

Mass Effect uses SecuROM and requires an online activation for the first time that you play it. Each copy of Mass Effect comes with a CD Key which is used for this activation and for registration here at the BioWare Community. Mass Effect does not require the DVD to be in the drive in order to play, it is only for installation.

After the first activation, SecuROM requires that it re-check with the server within ten days (in case the CD Key has become public/warez'd and gets banned). Just so that the 10 day thing doesn't become abrupt, SecuROM tries its first re-check with 5 days remaining in the 10 day window. If it can't contact the server before the 10 days are up, nothing bad happens and the game still runs. After 10 days a re-check is required before the game can run.


With DRM, you don't own the game you purchased. Sorry EA, this doesn't fly.
Tags Games DRM Fair Use EA
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1 Comment
November 30, 2006

Boycott Universal Music - iPod Tax

Poster: Aron Schatz
Posted on November 30, 2006 at 3:21:00 PM
Universal Music is trying to get a 'pirate' tax on any sale of an iPod. Here is the entire article from here.

Quote

NEW YORK (Reuters) - Universal Music Group Chief Executive Doug Morris said on Tuesday he may try to fashion an iPod royalty fee with Apple Computer Inc. in the next round of negotiations in early 2007.

Universal, the world's largest music company, owned by French media giant Vivendi, was the first major record label to strike an agreement with Microsoft Corp. to receive a fee for every Zune digital media player sold.

"It would be a nice idea. We have a negotiation coming up not too far. I don't see why we wouldn't do that... but maybe not in the same way," he told the Reuters Media Summit, when asked if Universal would negotiate a royalty fee for the iPod that would be similar to Microsoft's Zune.

"The Zune (deal) was an amazingly interesting exercise, to end up with a piece of technology," he added.


Vivendi is a French company! Those asshats. There was a quote I saw before that is not in this article from the head of Universal Music... "These devices are just repositories for stolen music, and they all know it. So it's time to get paid for it." I'm sorry bud, most people don't pirate music anymore. It isn't worth their TIME to do it. Calling all your customers criminals is also a good way to alienate your base. I'm telling everyone to boycott all of Vivendi Universal's garbage. They screwed me on games and now they are screwing you on music.
Tags Music Fair Use iPod
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0 Comments
November 29, 2006

MPAA Sues Over Ripping DVDs

Poster: Aron Schatz
Posted on November 29, 2006 at 4:13:25 PM
The MPAA has finally brought a lawsuit against a company that I hope goes to court. With this, the MPAA has said that ripping DVDs (that the company sells and places on iPods for customers, so the customer owns both), violates the DMCA and is illegal. The sad part is, this is totally true since the DMCA says that it is illegal to break encryption. The good thing is that fair use says a format shift is perfectly legal. With a case like this going to court, perhaps a court will have the smarts to do the right thing and invalidate that portion of the DMCA that disallows the fair use of content.

Quote

Let's take the studios' argument to its extreme. A buyer could be subject to legal liability for ripping purchased DVDs at home onto a purchased portable video player without either first seeking permission or purchasing the content again for specific use on the portable video player. One wonders whether a court would embrace such an argument. Load 'N Go Video likely will assert that it has engaged in "fair use" for copyright purposes, and that such fair use trumps the claims of the motion picture studios under the Copyright Act and the Digital Millennium Copyright Act. While Load 'N Go Video under these facts does have a defense to assert, one must keep in mind that the motion picture studios, like the music industry, have been very successful to date in seeking to protect their copyright works. Stay tuned to see how this case plays out.
Tags Fair Use DMCA Legal MPAA
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0 Comments
August 15, 2006

Pirate Party Opens Commercial DarkNet

Poster: Aron Schatz
Posted on August 15, 2006 at 1:59:47 PM
The Swedish Pirate Party has opened a commercial darknet that is completely anonymous. Will this new service be what the internet needs? Perhaps, but the real problem is the media cartels.

Quote

Today, the Swedish Pirate Party launched a new Internet service that lets anybody send and receive files and information over the Internet without fear of being monitored or logged. In technical terms, such a network is called a "darknet". The service allows people to use an untraceable address in the darknet, where they cannot be personally identified. "There are many legitimate reasons to want to be completely anonymous on the Internet," says Rickard Falkvinge, chairman of the Pirate Party. "If the government can check everything each citizen does, nobody can keep the government in check. The right to exchange information in private is fundamental to the democratic society. Without a safe and convenient way of accessing the Internet anonymously, this right is rendered null and void."
Tags News Fair Use
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1 Comment
August 1, 2006

DRM Vs. Fair Use At Siggraph

Poster: Aron Schatz
Posted on August 1, 2006 at 12:35:12 PM
It is Sony vs. the world at Siggraph. On the left is fair use and on the right is DRM and harm to consumers. I'll give you a hint, fair use lost.

Quote

The discussion went on for almost two hours and didn't often stray from concerns about fair and personal use, privacy and rights protection for digital content. The criticism of Sony and its industry was fierce, considering the audience consisted of computer graphics industry professionals, who themselves benefit from the protections of copyright laws. There was one source of consumer irritation, however, that Singer did not even try to defend. "Why, when I buy a DVD, am I forced to watch commercials?" an audience member asked. "I know. I agree. I'm with you there," Singer said, laughing.
Tags DRM Rights Fair Use
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June 17, 2006

The Corruptibles

Poster: Aron Schatz
Posted on June 17, 2006 at 3:09:32 PM
The EFF has made a new animation on the DRM problem facing consumers. They show DRM as three supervillians set to destroy what consumers are allowed to do. Send this to anyone that doesn't know what DRM is and what it can do. I think they sugercoat it too much.

Quote

Digital radio laws would limit automatic recording to set programs, time periods or channels. You won't be able record an individual song, and you won't be able to separate individual songs from a recorded session and play them in a different order. You won't even be able to burn the music onto a CD or send it to another device. Digital radio would be shackled into historical feature sets that analog radios have had for decades with little room to innovate. Music fans will be cheated out of the benefits of digital technology.
Tags News DRM Fair Use
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