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Eldred vs. Ashcroft. You can follow the course of the Lawrence Lessig — MPAA showdown
before the Supreme Court with a
that lists the news stories as they appear on the web.
Salon reports on “four little words” that the entertainment cartel tried to sneak into law
musicians of ever owning copyrights on their own music by re-classifying sound
recordings as “work for hire”. This from an industry that has classified its own consumers as
In case you’re interested, here is a text description of Congressman Rick Boucher’s
Digital Media Consumers’ Rights Act.
Larry Lessig Day. I’ve encountered so many links to articles and reports about the
Eldred vs. Ashcroft case, that today’s blog is simply going to be devoted to it.
Riding along with the
Internet Bookmobile from Salon.
Fencing off the Public
Domain from Wired.
Reportage and links from Slashdot.
Report by NPR’s
Nina Totenberg, and the report
from PBS’s News Hour.
Use Fears Over Federal Circuit Ruling from Law.com.
Declan McCullagh took some photos
outside the court.
Two articles from the New York Times: 1,
Copyright and the Commons.
First Impressions from the oral
arguments from a reporter who was there.
This is only a few of the many words written on the subject — but if you want more, just use
the Google News link.
pho, bb, mefi,
/., rumori, et al.
A Snapshot of Music Making on the Internet is a text by Ken Jordan and Dj Spooky that makes a strong connection
between sound and networked computing, touches on historical milestones in both, and talks interestingly about
The Illegal Art show (in which your Tape-beatles have had some
small participation) has attracted mainstream interest; to wit,
this article from Wired.
The FCC has approved a plan for
A columnist for the Philadelphia Inquirer asks the 64-thousand-dollar question:
Do we really need to have copyright?
• And, Here is a blog on the Eldred case called
Giving is Receiving is a text by Richard Barbrook that appeared recently on the nettime list. In contrast
to the over-saturated feeling you might get from yesterday’s links, many from mainstream media and going over
the same ideas, Barbrook’s analysis of the internet’s so-called
is offers a more considered view.
A new movie about enigmatic Mail artist Ray Johnson called
“How to Draw a Bunny” has unleashed new interest
in this work which, according to McKenzie Wark, “might stand as a
significant but undervalued precursor to Net.art.” We have here links to Wark’s
about it, as well as two texts from the New York Times [reg.req]:
is an interesting website that covers the field of
“acoustic art” in the internet realm (in German and English).
The new terahertz camera
can see through walls, clothes, and you.
Lawrence Lessig’s blog offers a
of his encounter with the Supreme Court last week.
• Also, optimism may have been too high in our posting of 10-08. This
suggests that “HR.5469 isn’t what many webcasters had expected.”
An Infoworld columnist give his inches over to a letter writer, who raises an interesting point.
If cultural content becomes a
doesn’t that create opportunities for organized crime? Do we really want to do that?
H.264 is a video codec that promises
streaming over an internet connection.
New York Times [reg.req] has a couple of articles currently that may be of interest to the IP crowd:
Making My Own Music
says “As copyright protection lurches toward perpetuity, America's cultural heritage
— in whatever media — is increasingly becoming the property of corporate copyright holders. But it belongs
to all of us.”
• The article
Debate on Intellectual Property
begins “ In the 19th century, the United States was both a rapidly industrializing nation and — as Charles
Dickens, among others, knew all too well — a bold pirate of intellectual property,” adding a bit of
historical perspective to the debate.
Rock'n'roll hall-of-famer Joni Mitchell says she is “ashamed’ to be a part of the music
business and may stop recording. She
The Guardian reports on how the UK government is developing technology to track people’s
whereabouts through nothing more than their
For those of you interested in art and online galleries, some interesting links have crossed our desktop
in the last few days:
a gallery in Lisbon, focuses on the avant-garde (in Portuguese and English).
documents the 7th Istanbul Biennial.
is home of The International Experimental Cinema Exposition in Boulder, Colo.
antonio, andrej, renée
The Free World’s Archive is one organization’s bid to address the fact the ill-considered laws
passed in the U.S. often have worldwide impact. The site
files, for example, banned by the DMCA.
Wired overviews the call for
placed by the U.S. Copyright Office concerning the
DMCA — something the law requires them to do every three years.
A federal judge in Nashville has ruled that, at least in the case where the source material is unrecognizable
(or nearly so),
in making new music is OK.
Like Soviet Constructivism? MoMA’s having a show called
The Russian Avant-Garde Book 1910-1934
and they have place substantial works samples online.
The Free Expression Policy Project posts the commentary
The Delicate Balance
Between Copyright and Free Expression
by Marjorie Heins concerning the Sonny Bono Copyright Extension Act and the Eldred vs. Ashcroft case,
recently argued before the Supreme Court.
A legal paper entitled
“What is Congress
Supposed to Promote?:
Defining “Progress” in Article I, Section 8, Clause 8 of the United States
Constitution” might be worth
a read if you have the time (it is lengthy).
A group of Swedish film directors is bringing a copyright suit against Swedish broadcaster
TV4 to stop them from breaking
in the middle of their films for commercial messages. The directors argue that it is an
of the integrity of their artworks, and therefore is a violation of their intellectual property.
The Bureau of Public Secrets has posted a 1961 article by Paul Goodman entitled
“Designing Pacifist Films”,
which is posted now to shed light on why “most ‘radical media’ efforts seem to remain
or even unwittingly counter productive.
A transcript of the oral arguments in the Eldred vs. Ashcroft case before the Supreme court
has been posted. [pdf]
• Cary Sherman, president of the RIAA, offers his perspective on
internet music sharing. Not surprisingly, he’s
A commentary at MP3newswire makes the case that piracy is not what the culture industry cartel
fears most. Instead, they dread the competition that’s certain to result from the internet’s
barriers to entry
for voices wishing to compete alongside established media channels.
Intellectual property is not some abstraction; sometimes it is of life-or-death import. Here is news of
a key breast cancer test that can no longer be used in British Columbia, because a U.S. company
Echoing the above,
Wired News has an article on the ills of current patent law system, highlighting the many ways it
works against its
The paper “
Hacking Together, Plundering Together:
Sonic Intellectual Property in Cybertimes’
by Dartmouth College’s Larry Polansky is an academic paper relating to precisely those topics.
Luther Blissett is a multiple-name project based in Italy that has been responsible for a variety of
Neoist- and Situationist-inspired scandals and media stunts.
Here’s the site.
Richard Stallman writes at Newsforge on the notion of “trusted computing”, pointedly asking,
‘Who should your computer takes orders from?” and
Can you trust your computer?
EFF’s John Perry Barlow says “The American Republic is Dead. Long Live the American Empire.
Or Else.” The document’s called
and it’s worthwhile reading.
Although the US does not, many countries release writings into the Public Domain 50 years after the
author’s death. If you are not “in” the US (or a handful of other countries),
and you like to read classics, you can browse and
The ever-informative Chronicle of Higher Education has a profile on the main character in the
recent Supreme Court challenge to US copyright law:
Sandy Starr has posted an article called
which describes “how intellectual property rights are used to stifle innovation.”
The Bureau of Public Secrets offers up a timely section from Ken Knabb’s The Joy of Revolution
which is subtitled
The Limits of Electoral Politics.
Tragic echo. Sen. Paul Wellstone (D-MN), probably the most independent-minded member of the US Senate, has been
killed in a plane crash while campaigning
for re-election. Recall that during the last election cycle, Missouri Gov. Mel Carnahan, also a
Democrat, was killed in a plane crash just weeks before the election while he, too, was running for the Senate.
Gray Market EP by Rick Silva. Online-only release is a
free download. Says the composer:
“every vocal, beat, and bass line is made from manipulating one sample of steve reich‘s “come
out.” included in the web release is a carnivore p.e. mix which uses a carnivore client to generate a
live mix of track 5 …”
“Sun Rings” is the name of a musical composition based on
plasma waves from space
converted into sound by a University of Iowa professor, Dr. Don Gurnett. The work, composed by Terry Riley, will be
premiered by Kronos Quartet this evening in Iowa City.
Edward Felten on
A bad idea whose time has come?
• And Janis Ian once again on the music industry,
accusing it of
It’s Time to Stop the Music is a call to boycott big entertainment, arguing, “Because
if you do not cut off their money they will
cut off your Internet access.”
Radio Remote Control offers
among a number of on line and on air networking radio art projects.
The CD Goes Platinum observes the
of the introduction of the Compact Disc format, offering up a historical sketch, as well as pointing
out some of its weaknesses.
InfoWorld has an article detailing how Red Hat, makers of a Linux distribution, is offering up
a security patch to the operating system — that they
cannot talk about
for fear of running afoul of the DMCA. Is a law that enforces ignorance really what we want?
OpenP2P reports on internet radio and peer-to-peer networking
allowing users to
broadcast audio content over a file sharing network. The entertainment cartel is afraid of each singly, so
how will they react to this conjunction?
It’s Halloween, the traditional day before the dead are annually hallowed. It seems only fitting that
offers an extended opine on the demise of the once-ubiquitous
I, for one, certainly would be hard-pressed
to enumerate fully all the ways this form factor has affected my life — even so, consigning it to the dust bins of
history makes me pause for a moment and reflect.
This November, London’s Institute of Contemporary Arts is hosting two events concerning copyright,
intellectual property and the public domain. On 6 November, John Perry Barlow, the “Thomas Jefferson of
cyberspace” will present a talk called
Who Owns the Garden of the Mind?.
Then on 14 November, a panel discussion (which includes Stewart Home and Vicki Bennett, among others) will
take place on the subject
Is Copyright a Good Thing?.
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