The Truth Behind Google’s Copyright-Bills Hysteria — Great piece on the hyperbole that became the norm over recent legislation. “The tech industry has demonstrated great political clout through the mobilization of its users and fan base; and the industry lobby, led by Google, will say and do pretty much anything to advance its commercial interests.”

The MTP Interview: Indie Film Maker David Newhoff — Chris Castle sits down with the creator of Gone Elvis and talks about indie filmmaking and the challenges and opportunities provided by the internet.

Wright & Diveley on Expert Agencies & Generalist Judges — When Senator Wyden announced the OPEN Act, he announced that one of its advantages was putting the adjudication of sites dedicated to piracy “in the hands of the International Trade Commission – versus a diversity of magistrate judges not versed in Internet and trade policy.” But is this an advantage? This new paper examines the general claim that administrative judges produce better decisions than generalist judges. The conclusion: “there is little empirical basis” for these claims.

Academic publishing is full of problems; lets get them right — The Copyright Librarian (Nancy Sims of the Univ of Minnesota) gives a comprehensive overview of how academic database JSTOR works, along with a look at some of the challenges facing academic publishing. Great read.

Creative Commons for Music: What’s the Point? — “Without a real enforcement mechanism, CC licenses are all little more than labels, like the garment care hieroglyphics mandated by the Federal Trade Commission in the United States … The practical value of CC seems to be concentrated in business-to-business content licensing agreements, where corporations need to take more responsibility for observing licensing terms and CC’s ready-made licenses make it easy for them to do so.”

The Summers’ Tale — Nicholas Carr rebuts recent statements by former Harvard president Lawrence Summers concerning 21st century learning. “This idea that knowledge can be separated from facts – that we can know without knowing – really needs to be challenged before it gains any further currency.”

Who is the A$%#hole? — Music information researcher Paul Lamere, who has long done exciting work in the field, remarks on yet another “enlightened” blog post in the wake of SOPA called Can we kill the music business too? Says Lamere, “James is certainly right – you can’t have a great music startup without great music, but he goes off the rails if he thinks that companies protecting themselves from theft infringement are assholes. A music startup, or any business should not be able to build a business on top of  someone else’s IP without compensating them for the use. It is easy to build a company that makes money by giving away someone else’s property. But it is not legal.”

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September 30, 2011 · · Comments Off

Make money online by selling pirated content? These sites do — File lockers and linking sites on their own are difficult to hold liable for the rampant infringement they facilitate. But together? “The combination of these two types of sites is like a one-two punch resulting in a knockout. They are both essential for one another to function in such a profitable manner, and man, oh, man, do they ever make a lot of money doing what they do.”

Gone Elvis Production Diary, Part 2 — The Copyright Alliance has been following indie filmmaker David Newhoff as he works on his latest project. In this part, they talk primarily about funding and costs. “So, without paying any fees for labor, equipment, or locations, my 30-minute short cost a little more than $8,000 to get in the can. And that was a four-day shoot with a very small cast and crew. If gone Elvis makes money and I want to repay those who worked on it, I’ll have about a $30,000 check to write. So, the next time you hear ‘feature film made for $5,000,’ take it with a healthy dollop of salt — and tequila!”

Why 2011 Is the Year Digital Music Broke, by the Numbers — Billboard’s Glen Peoples notes several reasons: digital sales are up substantially from last year, streaming services like Pandora and Spotify have had good years, music startups like Turntable.fm have shown early promise.

The Sims Social Facebook game promotes questionable blogging ethics — You can get 5 points if you “Steal pictures from other websites to make your blog look professional.” Wait, what?

Students shouldn’t download music illegally— Another great article from the younger generation. Like previous articles from the Harvard Crimson and the Arbiter Online, The Rocky Mountain Collegian, the student newspaper of Colorado State University, points out that there’s nothing hip about stealing music. “Now you might think you are taking money from powerful record companies, which take advantage of artists –– and this is kind of true. “Think about a young band that just got signed by a record label. If all of the band’s fans steal the album and its record sales tank, what incentive does the company have to keep a contract with the band? Do yourself a favor, support bands (especially local ones). Support the failing music industry. Support our failing economy, and don’t steal music.”

A2IM Call To Action:  Write Congress, Help Get PROTECT IP Passed — The American Association of Independent Music calls on independent musicians and labels to add their voices of support for rogue sites legislation.

7 Things I Wish I Knew about Content Theft 10 Years Ago — PlagiarismToday’s Jonathan Bailey shares the lessons he’s learned over the past decade from blogging and consulting with others to detect and stop online content theft. Very good info.

Copyright Office Rulemaking on Designation of DMCA Agents — The US Copyright Office is seeking comments to upgrade its system for keeping track of registered DMCA agents. It is specifically looking to migrate from its current paper system to an online system; it is also looking for input on how to make the system more up-to-date and efficient.

Will Google Submit “The Power of Google Adsense” to Voluntary Oversight? — Probably not, but they should, writes Chris Castle. “Not because of the moral hazard—because of the criminal hazard.  This is the group that failed seven different sting operations by the Department of Justice.  This is the group that does business with rogue sites and suckles pirates around the world.”

This Week in Law — Every Friday at 2pm, host Denise Howell talks with special guests on news and developments in the world of law and tech (the shows are archived for later viewing as well). I will be one of those guests next week, October 7th. Tune in to see why I have the perfect voice for blogging.

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