A major copyright victory -- the Tenth Circuit court has ruled in favor of Larry Lessig, et al, in Golan v. Gonzales, a case about the scope of fair use. The court has acknowledged that First Amendment freedoms must be considered when copyright law is made.
This is a very big victory. The government had argued in this case, and in related cases, that the only First Amendment review of a copyright act possible was if Congress changed either fair use or erased the idea/expression dichotomy. We, by contrast, have argued consistently that in addition to those two, Eldred requires First Amendment review when Congress changes the "traditional contours of copyright protection." In Golan, the issue is a statute that removes work from the public domain. In a related case now on cert to the Supreme Court, Kahle v. Gonzales, the issue is Congress's change from an opt-in system of copyright to an opt-out system of copyright. That too, we have argued, is a change in a "traditional contour of copyright protection." Under the 10th Circuit's rule, it should merit 1st Amendment review as well.
It’s the end of an era, sort of: Fraunhofer IIS, the developers of the MP3 audio compression format, announced that they are ceasing their licensing program. In a blog post, spokesman Matthias Rose says that it’s had a good 20-year run and is obsolete. But it’s also true that the decoding patents expired last year, […]
Freddy deBoer writes that he’s been telling the same joke for years about Silicon Valley’s only product, which might be universalized as “At last, a way to verb with nouns on the internet!” But the social-media techopoly is stable, now, and so the venture capitalists have moved on to the three terrible trends that will […]
Alex Wood is an addict but won’t give up his smartphone. But he has five strategies for limiting its control over him: “I used to wake up tired. My body would ache and my head felt sore, like waking up with a hangover. Finally, I took control, like attending an AA class for addicts, I […]
Boasting an IPX6 waterproof rating, the Trakk Bullet Ultra Compact Waterproof Bluetooth Speaker resists dust and heavy rainfall. It’s currently available in the Boing Boing Store.The Trakk Bullet offers the same wireless convenience as other portable speakers, but few are built as tough as this one. Its utilitarian construction is designed to be a totally low-maintenance […]
The Ticwatch 2 Active Smartwatch is a simpler take on an active wearable that raised over $2m dollars on Kickstarter and is currently offered in the Boing Boing Store.Somewhere in between the single-day battery life and platform-specificity of the Apple Watch and Android Wear devices, there exists the Ticwatch. Instead of trying to shoehorn another […]
Loot Crate is a subscription service that delivers a box of curated pop culture goods to your doorstep. To sample their geeky wares, you can order a single mystery box exclusively from the Boing Boing Store.Each month Loot Crate sends you 6-7 unique items and apparel, including collectibles, books, and t-shirts. Pulling inspiration from all […]