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.
I asked Amy Parness, the co-founder of Sparkle Labs, maker of fantastic educational electronics kits, to write a Medium post about gender and the business of being a maker business person. Her terrific essay calls out the problems with “pink girly engineering kits.” From Medium:
Zero UI is the new term for “invisible interfaces”—what happens in the future when all the clicking and tapping and typing is history: “If you look at the history of computing, starting with the jacquard loom in 1801, humans have always had to interact with machines in a really abstract, complex way.” [Fast Company]
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