Copyright Infringement

In this EDUCAUSE Live! podcast, join host, Steve Worona, for the topic "Update on Key U.S. Copyright Developments". Steve's guest is James G. Neal, Vice President for Information Services and University Librarian at Columbia University .

Copyright continues to be a core interest of the higher education and academic library communities. In this briefing, Update on Key Copyright Developments in the U.S., presenter James G. Neal, Vice President for Information Services and University Librarian, Columbia University, will focus on eight critical legislative and legal arenas where the United States will be working on copyright: orphan works, digital fair use, broadcast flag, Section 1201 anti-circumvention rulemaking, electronic reserves, peer-to-peer file sharing, open access to government-funded research, and the report of the Section 108 Study Group on exceptions and limitations for libraries and archives. The work of the study group will be highlighted, including its primary findings and recommendations. In addition, two important recent studies will be described and their importance for libraries will be cited.

The copyright legislative process in Washington traditionally focuses on increasing the protection provided to copyrights, based on the assumption that this will strengthen the economy. Recent research, however, indicates that exceptions to copyright protection also promote innovation and are a major catalyst of U.S. economic growth. Specific exceptions to copyright protection under U.S. and international law, generally classified under the broad heading of fair use, are vital to many industries and stimulate growth across the economy. In fact, business enterprises that benefit from fair use generate substantial revenue, employ millions of workers, and, in 2006, represented one-sixth of total U.S. gross domestic product. This economic research suggests that future copyright legislation needs to account for these important limitations if the policy-making process is to stimulate growth.

The recording industry’s complaints against alleged music downloaders are just the tip of the iceberg in legal threats against online activity. In the five years of the Chilling Effects Clearinghouse, we have seen thousands of legal threats, with claims including trademark infringement, defamation, and copyright infringement. This seminar will discuss some of the range of complaints, both unwarranted and justified, and describe ChillingEffects.org’s resources for those trying to evaluate legal threats. In some cases, the web’s sunlight can help to melt meritless threats.

In this free January 23 EDUCAUSE LIVE! seminar, Legal Threats, Chilling Effects, and Warming the Air, presenter Wendy Seltzer, Fellow, Berkman Center for Internet & Society, and Visiting Professor, Northeastern University School of Law, will discuss these threats and how to evaluate them.

Illinois State University has embarked on a comparative study of what works and what doesn't regarding peer-to-peer (P2P), media, and copyright on campus. After receiving almost 500 Digital Millennium Copyright Act complaints in the academic year 2004–2005, the campus decided to explore the issue in-depth and put into place a multifaceted plan to address it, working on the basis that the issue is not one of technology but rather of education, ethics, and providing legal access. The project has been strengthened by direct interaction with associations such as the Recording Industry Association of America and Motion Picture Association of America, as well as with vendors.

In this free March 7 EDUCAUSE Live! Web seminar, Warren Arbogast, Boulder Management Group, LLC, and David Greenfield, Illinois State University, will address the project’s history, explore the six tenants that make up the project, and provide some early data results. Visit the archives if you are unable to attend, or peruse EDUCAUSE resources on P2P or file sharing.

The December 11 EDUCAUSE Live Web seminar will cover students’ viewpoints on the controversial topic of music piracy. In response to increasing rates of media piracy, particularly among college-aged students, the content industry has tried a variety of methods to dissuade questionable file-sharing practices, including airing commercials, filing lawsuits, and urging schools to provide access to sanctioned legal services, but progress to date has been minimal. Students themselves have not been consulted about their actual attitudes and behavior in this arena, although diverse motives have been ascribed to them. To gain a richer understanding of this key demographic, 42 undergraduates from a major East Coast university were interviewed at length about their media-acquisition habits and their responses to industry antipiracy efforts.

Read additional resources on P2P or file sharing.

The Joint Committee of the Higher Education and Entertainment Communities has distributed an updated white paper—Background Discussion of Copyright Law and Potential Liability for Students Engaged in P2P File Sharing on University Networks. EDUCAUSE serves as staff to the Committee’s Technical Task Force. View EDUCAUSE resources on P2P/file sharing.

It looks like there's a GPL dispute heading to court in Israel. It's between Jin (the original authors) and IChessU (who redistribute it). The case appears to rest on notions of separation between programs, which has long been a grey area with respect to the GPL, because there are complex technical issues involved and the GPL appears to rely on common sense.

At this point I need to explain a bit about the IChessU client, to clarify what I mean by "partial source code". IChessU aim to develop a site which brings chess tutors and students together. An important feature is the ability to see and talk to your tutor and fellow students. This part is an external C++ library Alexander had obtained seperately (I believe another Russian team developed it for him), and is used as a library (via JNI) from the Java code. So, what IChessU have released was everything (which is 95% my code and 5% theirs) except this audio/video over IP library and the few Java classes used to interface with it.

I've then spent a week or so trying to explain Alexander that it does not matter that the A/V library is "a separate library" and that in order to comply with the GPL, he must publish the source code to that too.

ABC is reporting that the MPAA have deployed sniffer dogs trained to detect CDs and DVDs into Stanstead Airport.

For the time being, Lucky and Flo are working at a FedEx shipping center at Stansted Airport where they are sniffing packages that are shipped around the world. Trainers say the dogs have been notifying customs agents of packages with discs in them. The packages have been opened but so far no pirated movies have been found.

"We're encouraged by this. It's a new tool against piracy but we welcome it and hope others will adopt such practices [...]"

Thank goodness London airports aren't swamped with other security concerns an have the time and energy to address this issue.

In working with EDUCAUSE and the American Council on Education (ACE) to address the consequences of illegal file sharing, the Recording Industry Association of America (RIAA) has developed a short video that can be used to educate students about this important issue. The video, titled "Campus Downloading," could be used during student orientation sessions, linked to when students log on to campus accounts, or broadcasted on student life television channels. Preview the video or order a free DVD. View additional resources on file sharing.