Monthly Archives: October 2011

How the Stop Online Piracy Act will hit what it aims at

Creators are often told they have to learn how to “compete with free” because of online piracy. To some extent, this is true, but certainly not a new idea — piracy existed way before the Internet became so prominent in our lives.1 Creators have been adapting, and continue to adapt, to the realities of digital technology [...]

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Friday’s Endnotes – 10/28/11

“The bill in Congress now, critics say, goes much too far … the Internet’s potential as a source of public education and free expression could be crippled … [it] could instead turn out to be the executioner of the Internet’s real promise.”1 The bill referred to above is not the House rogue sites legislation unveiled [...]

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Stop Online Piracy Act [Walkthrough]

Yesterday, a dozen Democrat and Republican House members introduced the Stop Online Piracy Act. The bill, H.R. 3261, targets rogue sites that infringe on US intellectual property rights. Full text of the bill. Debate over the Stop Online Piracy Act has already hit full throttle, but I’ll leave that for another day. Today I want [...]

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Free Ride by Robert Levine Available Today

Just a quick note today to point readers to Robert Levine‘s wonderful Free Ride: How Digital Parasites are Destroying the Culture Business, and How the Culture Business Can Fight Back, which is available in the US today. (And if you haven’t already, be sure to check out his blog.)1 I previously wrote a more thorough review [...]

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Justin Bieber is not going to jail

By now, you’ve probably heard of the “Free Bieber” Campaign. Since it was announced, it has been widely reported on many blogs and news sites, including Hillicon Valley. According to the campaign: A new bill in Congress makes posting a video containing any copyrighted work a felony– with up to 5 years in prison. But [...]

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Friday’s Endnotes – 10/21/2011

Some fascinating responses to my posts this week on copyright and Thomas Jefferson. In “Jefferson, I think we’re lost…”, Rob Levine wonders why professors and scholars skeptical of copyright law engage in “shoddy scholarship”. At The Cynical Musician, Faza uses the article to jump into a broader discussion of “social” and “natural” law in Jefferson, [...]

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Response to David Post re:Jefferson

David Post responds, in his article Why Should We Care What Jefferson Thought about Copyright, to my earlier post on the subject regarding Jefferson’s letter to Isaac McPherson. My answer was “Sure”, we should care what he thought about copyright, as long as we understand what he thought about it and place it in the [...]

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Who Cares What Jefferson Thought About Copyright?

A letter written by Thomas Jefferson to Isaac McPherson in 1813 has become canonized into the copyright skepticism movement. You’re probably familiar with the letter, which reads in part: If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, [...]

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Friday’s Endnotes – 10/14/11

Protecting Property Rights on the Web: Thoughts on the Protect IP Act — The Institute for Policy Innovation released a paper, written by Tom Giovanetti, dealing with the PROTECT IP Act. Very good read, the piece places the legislation within the context of the fundamental principles the US is based on. “So, if we recognize the [...]

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Copyright and Derivative Arguments

It has been established at common law and recognized by our courts that “rules attending property must keep pace with its increase and improvements and must be adapted to every case”, and copyright protection must correspondingly extend. Though these words were spoken over a century ago, they remain just as relevant today, especially as the [...]

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