Jun 24 2009 ∞
“ From the record label plaintiffs’ written discovery regarding Joel Tenenbaum’s fair use defense: Admit that the image attached hereto as Exhibit 1, with the caption, ‘Destroy Capitalism, Support Piracy,’ is a true and correct copy of an image that was posted to the Internet by your counsel.
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Not helping your fair use argument there buddy…

Copyrights & Campaigns: Best Request for Admission of All Time

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Jun 23 2009 ∞
“ First, it’s not clear that this is the policy.
Second, there’s no way to find out in advance how many times a book is able to be downloaded. You can buy a book and it can only be downloaded numerous times or you can buy a book and only then discover that it can be downloaded only once. (The rep even put it this way!) There is no way to know.
In the meantime, Amazon wants us to upgrade our Kindles every year or two. Apple wants us to upgrade our iPhone or iPod touch every year or two. This means that although the books remain in your Kindle library online you may not be able to download them once you upgrade your hardware. And there is no way to know — at least according to what the customer service rep told me.
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A Little DRM Fail for your morning.

Kindle’s DRM Rears Its Ugly Head… And It IS Ugly | Gear Diary

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Jun 22 2009 ∞
“ ASCAP (the same folks who went after Girl Scouts for singing around a campfire) appears to believe that every time your musical ringtone rings in public, you’re violating copyright law by “publicly performing” it without a license. At least that’s the import of a brief [2.5mb PDF] it filed in ASCAP’s court battle with mobile phone giant AT&T.
—

This will not end well…

ASCAP Wants To Be Paid When Your Phone Rings | Electronic Frontier Foundation

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Jun 18 2009 ∞
“ Black’s lawyers claimed copyright over the screenshot, claiming that Black owned ultimate copyright over the partial image. We objected on two grounds: the picture was clearly taken by a third party, and the lawyers provided no supporting evidence that copyright was held by Black. Second, as a screen grab from another site, the image as a whole constitute fair use under US copyright law, and fair dealing under Australian copyright law.
—

Copyright isn’t the answer to all your problems…

Dustin Lance Black lawyers threaten to sue us despite not running the XXX pics

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Jun 12 2009 ∞
“ Warner Bros. is among the labels that are already using this system to prevent users from ripping the CD into the digital file form (MP3/WMA etc.) The technology is all about limiting how the computer sees the disc – this means that when inserted into the computer only the packaged player (on the CD) can play the music.
—

Guys… Have we learned nothing?

Record Companies Trying to Stop Music Sharing with New CD Security

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Jun 10 2009 ∞
“ The French Constitutional Council has ripped into the new Création et Internet law which would disconnect repeat online copyright infringers, calling the basic premise unconstitutional. “Innocent until proven guilty” remains a central principle of French law, and it cannot be bypassed simply by creating a new nonjudicial authority.
—

Ouch…

French court savages “three-strikes” law, tosses it out

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+ ∞
“ And Nesson, as he has tried to do repeatedly before, recorded the proceedings — at least until Judge Davis told him to stop (after plaintiffs’ counsel Timothy Reynolds alerted the court to the possibility that Nesson might be recording). Nesson later blogged that he believes he’s in the right, though “there may be a problem under massachusetts law.” (That “problem” is Mass. Gen. L. ch. 272 § 99, which makes it a felony punishable by five years in state prison to record a telephone conversation without the consent of all participants, or to “disclose” that recording. I don’t see any exception that allows you to record until someone tells you to knock it off.)
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Would I even have this blog without Nesson and these two cases? I doubt it.

Nessonic convergence: Harvard Professor records proceedings in Jammie Thomas case; intends to seek Tenenbaum’s intervention

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Jun 08 2009 ∞
“ It’s all over a lawsuit filed today in Federal Court in Los Angeles, in which Evan Dando — the lead singer of the band — claims GM never got his permission before using his song “It’s a Shame About Ray” in several GM Memorial Sales Event commercials back in 2008. Dando is suing for unspecified damages — which is funny because GM has no money to give away.
—

Lawsuit fail. Publicity win.

Rock Band Accuses GM of Musical Hit and Run

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Jun 05 2009 ∞
“ Here’s the latest: Tenenbaum’s counsel, Harvard Law School professor Charles Nesson, has admitted that he and his team uploaded the seven songs that are the focus of this case to a public file-hosting service, accessible to anyone on earth with an Internet connection. Nesson himself posted a link to files, and the password that made them accessible, on his blog (see p. 25). When questioned by the plaintiffs about the uploads, Nesson apparently removed the link to the songs, but was told by his student and fellow Tenenbaum defender Ray Bilderbeck that he couldn’t take the songs down from MegaUpload (though the link now seems to be dead).
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This is a facepalm, no matter how much you like/hate Nesson

Tenenbaum team uploads songs for worldwide distribution

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Jun 03 2009 ∞
“ One of the stupidest things you can do when submitting a post to someone else’s blog is to use someone else’s content. You might laugh, but I’ve had this happen to me numerous times. On one occasion the guest post submitted was extra familiar - it was something I’d published years ago on my original blog!
— How NOT to Get a Guest Post Published on a Blog [in 11 Easy Steps]
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