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19 Jan 09

Music Industry to Abandon Mass Suits - WSJ.com

  • Instead, the Recording Industry Association of America said it plans to try an approach that relies on the cooperation of Internet-service providers. The trade group said it has hashed out preliminary agreements with major ISPs under which it will send an email to the provider when it finds a provider's customers making music available online for others to take.

    Depending on the agreement, the ISP will either forward the note to customers, or alert customers that they appear to be uploading music illegally, and ask them to stop. If the customers continue the file-sharing, they will get one or two more emails, perhaps accompanied by slower service from the provider. Finally, the ISP may cut off their access altogether.
  • Instead, the Recording Industry Association of America said it plans to try an approach that relies on the cooperation of Internet-service providers. The trade group said it has hashed out preliminary agreements with major ISPs under which it will send an email to the provider when it finds a provider's customers making music available online for others to take.

    Depending on the agreement, the ISP will either forward the note to customers, or alert customers that they appear to be uploading music illegally, and ask them to stop. If the customers continue the file-sharing, they will get one or two more emails, perhaps accompanied by slower service from the provider. Finally, the ISP may cut off their access altogether.
22 Sep 08

Re: Atrivo/Intercage: NO Upstream depeer | NANOG | users

Upstream ISPs dump a wayward ISP that did not deal with network abuse.

www.gossamer-threads.com/...108643 - Preview

policy and law network

12 Jun 08

email boilerplate from Andrews & Arnold Ltd

via http://www.emergentchaos.com/archives/2008/06/terms_and_conditions_for.html

www.andrews-and-arnold.ltd.uk/inboundemailterms.html - Preview

policy and law humor

  • This page only exists as a retort to those people who think it fun, useful or even sensible to include boiler plate disclaimers in emails they send us. If you think your boiler plate terms have any legal force then so do these. We suspect these terms are not very enforcable, but will be happy to try and enforce them if you try and enforce terms against us.
  • This page only exists as a retort to those people who think it fun, useful or even sensible to include boiler plate disclaimers in emails they send us. If you think your boiler plate terms have any legal force then so do these. We suspect these terms are not very enforcable, but will be happy to try and enforce them if you try and enforce terms against us.
14 Feb 08

Internet Software Patents

  • It is tough to imagine how anyone could run a parts and supplies department without having done something similar, once they had made the observation that not all parts fit all models. But how to use this as prior art in a court case? You'd want to find a publication explaining this process in detail, but why would an employer do that since one would expect to be able to hire a temp worker and walk him or her through the process in 10 minutes. You can't find an academic publication on how to answer a telephone, open a filing cabinet, and put some documents into a fax machine. Cookbooks don't say "make sure to set the table with plates before serving this food; you don't want to place the steak directly on the table or tablecloth". Paradoxically, the more trivial the process the harder it will be to find prior art in a publication.
  • It is tough to imagine how anyone could run a parts and supplies department without having done something similar, once they had made the observation that not all parts fit all models. But how to use this as prior art in a court case? You'd want to find a publication explaining this process in detail, but why would an employer do that since one would expect to be able to hire a temp worker and walk him or her through the process in 10 minutes. You can't find an academic publication on how to answer a telephone, open a filing cabinet, and put some documents into a fax machine. Cookbooks don't say "make sure to set the table with plates before serving this food; you don't want to place the steak directly on the table or tablecloth". Paradoxically, the more trivial the process the harder it will be to find prior art in a publication.
31 Dec 07

the recording industry on CD copying

  • From the RIAA's website at some point in the past, though it's been
    removed:

    "If you choose to take your own CDs and make copies for yourself on
    your computer or portable music player, that's great. It's your music
    and we want you to enjoy it at home, at work, in the car and on the
    jogging trail."

    http://web.archive.org/web/20070516072606/http://www.riaa.com/issues/ask/default.asp#stand

    Also, from the Supreme Court oral arguments in the Grokster case,
    Donald Virrelli, on behalf of the entertainment companies:

    "The record companies, my clients, have said, for some time now, and
    it's been on their Website for some time now, that it's perfectly
    lawful to take a CD that you've purchased, upload it onto your
    computer, put it onto your iPod. There is a very, very significant
    lawful commercial use for that device, going forward."
  • From the RIAA's website at some point in the past, though it's been
    removed:

    "If you choose to take your own CDs and make copies for yourself on
    your computer or portable music player, that's great. It's your music
    and we want you to enjoy it at home, at work, in the car and on the
    jogging trail."

    http://web.archive.org/web/20070516072606/http://www.riaa.com/issues/ask/default.asp#stand

    Also, from the Supreme Court oral arguments in the Grokster case,
    Donald Virrelli, on behalf of the entertainment companies:

    "The record companies, my clients, have said, for some time now, and
    it's been on their Website for some time now, that it's perfectly
    lawful to take a CD that you've purchased, upload it onto your
    computer, put it onto your iPod. There is a very, very significant
    lawful commercial use for that device, going forward."
19 Oct 07

Comcast blocks some Internet traffic - Online World - MSNBC.com

  • Douglas would not specify what the company means by "access" — Comcast subscribers can download BitTorrent files without hindrance. Only uploads of complete files are blocked or delayed by the company, as indicated by AP tests.

    But with "peer-to-peer" technology, users exchange files with each other, and one person's upload is another's download. That means Comcast's blocking of certain uploads has repercussions in the global network of file sharers.

    Comcast's technology kicks in, though not consistently, when one BitTorrent user attempts to share a complete file with another user.

    Each PC gets a message invisible to the user that looks like it comes from the other computer, telling it to stop communicating. But neither message originated from the other computer — it comes from Comcast. If it were a telephone conversation, it would be like the operator breaking into the conversation, telling each talker in the voice of the other: "Sorry, I have to hang up. Good bye."


    ...

    Comcast's approach to traffic shaping is different because of the drastic effect it has on one type of traffic — in some cases blocking it rather than slowing it down — and the method used, which is difficult to circumvent and involves the company falsifying network traffic.
  • Douglas would not specify what the company means by "access" — Comcast subscribers can download BitTorrent files without hindrance. Only uploads of complete files are blocked or delayed by the company, as indicated by AP tests.

    But with "peer-to-peer" technology, users exchange files with each other, and one person's upload is another's download. That means Comcast's blocking of certain uploads has repercussions in the global network of file sharers.

    Comcast's technology kicks in, though not consistently, when one BitTorrent user attempts to share a complete file with another user.

    Each PC gets a message invisible to the user that looks like it comes from the other computer, telling it to stop communicating. But neither message originated from the other computer — it comes from Comcast. If it were a telephone conversation, it would be like the operator breaking into the conversation, telling each talker in the voice of the other: "Sorry, I have to hang up. Good bye."


    ...

    Comcast's approach to traffic shaping is different because of the drastic effect it has on one type of traffic — in some cases blocking it rather than slowing it down — and the method used, which is difficult to circumvent and involves the company falsifying network traffic.
13 Sep 07

Copyright conflict between OpenBSD and GPL Atheros Driver Developments | KernelTrap

  • The Atheros story in much fewer words Date: Wed, 12 Sep 2007 20:57:43 -0600 I recognize that writeup about the Atheros / Linux / SFLC story is a bit complex, so I wrote a very simple explanation to someone, and they liked it's clarity so much that they asked me to post it for everyone. Here it is (with a few more changes) ----- starting premise: you can already use the code as it is steps taken: 1. pester developer for a year to get it under another license. - get told no, repeatedly 2. climb over ethical fence 3. remove his license - get caught, look a bit stupid 4. wrap his license with your own - get caught, look really stupid 5. assert copyright under author's license, without original work - get caught, look even more stupid
  • The Atheros story in much fewer words Date: Wed, 12 Sep 2007 20:57:43 -0600 I recognize that writeup about the Atheros / Linux / SFLC story is a bit complex, so I wrote a very simple explanation to someone, and they liked it's clarity so much that they asked me to post it for everyone. Here it is (with a few more changes) ----- starting premise: you can already use the code as it is steps taken: 1. pester developer for a year to get it under another license. - get told no, repeatedly 2. climb over ethical fence 3. remove his license - get caught, look a bit stupid 4. wrap his license with your own - get caught, look really stupid 5. assert copyright under author's license, without original work - get caught, look even more stupid
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