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Jonathan Bailey's Library tagged obama →  View Popular

02 Apr 09

iPods, First Sale, President Obama, and the Queen of England | Electronic Frontier Foundation

  • First, let's imagine that the President (or his staff) bought the 40 show tunes from the iTunes music store. Do you "own" the music that you buy from iTunes? The nearly 9,000 words of legalese to which you agree before buying don't answer that question (an oversight? I doubt it). Copyright owners have consistently argued in court that many digital products (even physical "promo" CDs!) are "licensed," not "owned," and therefore you're not entitled to resell them or give them away.
  • Second, even if the first sale doctrine applies to iTunes downloads, what about the additional copies made on the iPod? iTunes does not download directly to an iPod. So President Obama's staff made an additional copy onto the Queen's intended iPod. How are those copies excused?
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25 Mar 09

AP Invokes DMCA Against Obama "Hope" Poster Artist | Electronic Frontier Foundation

  • What's the CMI that Fairey is accused of "stripping" from the original photo? Well, the AP complaint is not entirely clear on this question. In one part of the complaint, AP alleges that all of its digital photos include digital metadata that Fairey allegedly "stripped" from the image. In another part of the complaint, AP seems to rely on Fairey failing to preserve the "copyright notice line" at the edge of the photo.
  • The answer to Prof. Boyden's second question is that a file edited and re-saved in Photoshop generally will retain its metadata. As for the first question, it appears to be be answered by this video from Time magazine, in which Fairey demonstrates his process — clearly not a digital transformation of a digital file.
23 Mar 09

DoJ supports RIAA in Sony v. Tenenbaum three-ring circus - Ars Technica

  • The DoJ filing even offers a justification for why this is the right way to think about apportioning fines. "The harms caused by copyright
    infringement are not negated merely because an infringer does not seek commercial gain," it says. "In the context of online media distribution systems, infringement without commercial gain limits a
    copyright owner’s ability to distribute legal copies of copyrighted works. The public in turn suffers from lost jobs and wages, lost tax revenue, and higher prices for honest purchasers of
    copyrighted works."
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