The Electronic Frontier Foundation's Fred von Lohmann sez, "Agreeing with EFF's amicus brief, a federal court in Boston in a 52-page ruling concludes that 'merely exposing music files to the internet is not copyright infringement.' The Boston court disagrees with a ruling in New York on the same day, which found that a mere 'offer to distribute' a song could violate copyright, even if no one took you up on it. Obviously, this is a fight that's not over yet."
EFF filed an amicus brief in this case (formerly known as Atlantic v. Does 1-21), and our arguments appear to have found a more receptive audience in Boston that they did in New York City (the judge thanks us for our participation on page 11). The 52-page ruling is the most extensive analysis yet of the recording industry's "making available" argument, which claims that you infringe copyright merely by having a song in your shared folder, even if no one ever downloads it.
As we discussed yesterday, a key issue is whether a mere "offer to distribute" is enough to infringe the distribution right, in light of the fact that a mere offer can be enough to constitute "publication." Unlike the court in Elektra v. Barker, the judge in London-Sire v. Doe concludes that "distribution" and "publication" are not identical -- "even a cursory examination of the statute suggests that the terms are not synonymous." If you are interested in the details, the court's analysis is highly illuminating (p. 24-27), touching on a number of earlier rulings, such as Hotaling v. Church of Jesus Christ of Letter-Day Saints and A&M v. Napster (copyright nerds will recognize those as pivotal decisions in this area).
Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called “Oh, The Places You’ll Boldly Go,” whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.
Etsy seller Kooj of Northfield, NJ (everything is legal in New Jersey!) makes beautiful, well-reviewed handmade bathing suits, including a timely range of Wonder Woman suits: with skirts, bikinis, one-piece (closed back or peek-a-boo) and kids’ sizes, handwash cold water, XS to XXL, made to your measurements. (See also: Captain America)
When MEP Julia Reda conducted a wide-ranging and open consultation on updating EU copyright, she came up with some great, sensible reforms: making it legal to take pictures of buildings, making it legal to link to newspapers, creating a Europe-wide set of fair dealing exceptions to copyright, capping copyright terms at life-plus-50 years, and making […]
The Bragi Dash Truly Wireless Smart Earphones are far more than your run of the mill Bluetooth earbuds. While the earpiece design makes these earbuds ideal for exercise and activity, and passive noise cancelling is conducive to a more serene listening experience, these buds go well beyond just playing music.First of all, they can actually […]
COGZ is a game where up to six players compete to see who can fix a mad scientist’s color-coded machine, and it’s currently available in the Boing Boing Store.In this Mensa-endorsed tabletop game, players take turns laying gear tiles to connect like-colored segments. Points are scored when complex paths are finished, but your unfinished arrangements […]