#intellectual property Articles





LA judge makes file swapping legal

CNet reports that federal court Judge Stephen Wilson has handed down a decision that correctly points out that the responsibility for using a file sharing service illegally lies with the user, not with the file sharing service. "Defendants distribute and support software, the users of which can and do choose …

Verizon privacy case takes a turn for the worse

According to an article in the Washington Post, Verizon has failed to receive a stay against a previous ruling that will require them to hand over the names of a couple of P2P file sharing users in the next 14 days. The only hope for the preservation of the right …


US Government sides with RIAA against user privacy

Another dark day in what is becoming a dark year for privacy advocates. An article on CNet reports that the US Government has once again sided with the Recording Industry Association of America in yet another example of dissolving rights to privacy in this country. At issue is the appeal …


DMCA stops presentation of ID flaws

An article on SlashDot sites the DMCA (Digital Millennium Copyright Act) as the primary cause of the chilling effect going on for the technological investigations of flaws in security technology. One unfortunate side-effect of the DMCA is that it provides cover for companies that release flawed security technology. The article …


Rumor:Apple to purchase Universal record label

Some of you may have seen sporadic reports (mostly coming from the L.A. Times) that Apple is in the process of coming out with an online music service this month, along with the long-awaited update to iTunes and the new versions of the iPod. Today, an article on MacCentral …

Reverse-engineering challenge to DMCA struck down

An article on Yahoo recounts the story of U.S. District Judge Richard Stearns throwing out a request by an MIT student to allow him to decompile internet filtering software in order to determine what sites are being blocked. The judge disagreed, stating ""there is no plausibly protected constitutional interest …

DMCA sends man to jail for 5 months

An article on BBC News describes the sentence (5 months in Jail, 5 months house arrest, and $28,500 fine) for a man convicted of violating the DMCA by importing and selling mod chips for the X Box. For those regular readers, it will be no surprise to hear that …

Librarians blow whistle on state DMCA laws

Representatives from the American Library Association, the Association of Research Libraries, and the American Association of Research Libraries collaborated on a letter to legislators in Arkansas and Colorado to inform them of the organizations' opinion that pending legislation is "deeply flawed". According to an article1 on CNet, the letter …

Free money for copyright holders in Germany

According to an article on UPI, the German government has new plans to enforce a 3-year old law requiring a ~$13 + 16% tax on computers sold in the country. It's hard to tell where the pre-paid penalty would go once it hits government coffers, but the intention is to compensate …

Article questions schism in computer industry about DMCA

An article out today (no longer available) raises the question of where certain high-profile technology companies really stand on the issues involving the DMCA. In particular, it sites statement releases by the BSA (Business Software Alliance) against new attempts to remove some of the more heinous provisions of the DMCA …

Congressional proposal would bring BALANCE to DMCA

Congresswoman Lofgren (D-CA) has proposed a new bill to congress aimed at bringing fair use back to the United States Copyright system. Although I'm not a lawyer, I did read the whole thing, and it certainly moves things in the right direction. In particular, it addresses a purchasers ability to …

Broadcast flag for digital TV in question

As with any compromise position, the FCC's decision to go forward with some form of "broadcast flag" to limit the reproduction of TV signals that have copyright protection is taking heat from all sides. According to an article on CNet, congress is upset that the FCC might make rules that …


Australia's police crack down on music piracy

From an article1 from Australian IT, comes a report that the Australian Federal Police have executed search warrants on Telstra and other ISPs to get the names of users who may be involved in music piracy. In another blow for the anonymity of the internet and a win for …