Category: Uncategorized
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Experimental Use Exception Evaporating?
Doug Tygar points to a front-page article in yesterday’s Wall Street Journal about a lawsuit that raises troubling questions about researchers’ ability to use patented technologies for experimental purposes. Patent law, which makes it illegal to make or use a patented invention without permission of the patent owner, has an exception for experimental use. The…
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Latest Induce Act Draft Still Buggy
Reportedly the Induce Act has stalled, after the breakdown of negotiations over statutory language. Ernest Miller has the last draft offered by the entertainment industry. (Notice how the entertainment industry labels its draft as the “copyright owners'” proposal. It takes some chutzpah to call your side the “copyright owners” when the largest copyright-owning industry –…
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Business Week on Chilled Researchers
Heather Green at Business Week has a nice new piece, “Commentary: Are the Copyright Wars Chilling Innovation?” Despite the question mark in the title, it’s clear from the piece that innovation is being chilled, especially in the research community. The piece starts out by retelling the story of the legal smackdown threatened against my colleagues…
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Recent Induce Act Draft
Reportedly, the secret negotiations to rewrite the Induce Act are ongoing. I got hold of a recent staff discussion draft of the Act. It’s labeled “10/1” but I understand that the negotiators were working from it as late as yesterday. I’ll be back later with comment. UPDATE (8 PM): This draft is narrower than previous…
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What's the Cybersecurity Czar's Job?
The sudden resignation of Amit Yoran, the Department of Homeland Security’s “Cybersecurity Czar”, reportedly due to frustration at being bureaucratically marginalized, has led to calls for upgrading of the position, from the third- or fourth-level administrator billet that Yoran held, to a place of real authority in the government. If you’re going to call someone…
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Sin in Haste, Repent at Leisure
Ernest Miller, continuing his stellar coverage of the Induce Act, reports that, according to PublicKnowledge: An all-star game of private sector legislative drafters will start at 10:30 [today]. There will be representatives from consumer electronics, Verizon, CDT, and others on our team and from the usual suspects on the other team. They are supposed to…
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DMCA Ruling in BNETD Case
A Federal Court in Missouri has ruled on the BNETD case, which involves contract and DMCA claims, and issues of reverse engineering and interoperability. Because I played a role in the litigation (as an expert), I won’t comment on the court’s ruling. The rest of you are welcome to discuss it.
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Recorded Music Being Replaced by Other Media
The music industry likes to complain about sales lost to piracy, but figures that show huge sales declines only tell part of the story. Before we blame this trend on infringement, we have to make several assumptions, including that the demand for music (whether purchased or pirated) has remained steady. Figures available from the US…
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SunnComm Follies
Ashlee Vance at the Register tells the amazing story of SunnComm, the DRM company whose CD “protection” product was famously defeated by holding down a PC’s Shift key. It’s one of those true stories that would be hopelessly implausible if told as fiction. Here’s the opening paragraph: You might expect one of the world’s leading…
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A Roadmap for Forgers
In the recent hooha about CBS and the forged National Guard memos, one important issue has somehow been overlooked – the impact of the memo discussion on future forgery. There can be no doubt that all the talk about proportional typefaces, superscripts, and kerning will prove instructive to would-be amateur forgers, who will know not…