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).
In 2014, IKEA, the Swedish-based global furniture company, sent a cease-and-desist letter to a blogger by the name of Jules Yap. Yap ran the extremely popular website IKEAhackers.net, which helped people “hack” IKEA furniture into new, creative, and unexpected designs. The site was already almost a decade old when IKEA’s lawyers demanded that Yap hand over the URL. What follows is a case study from Superfandom: How Our Obsessions are Changing What We Buy and Who We Are.
CSIR-Tech is the commercial arm of the Indian government’s Council of Scientific and Industrial Research; after spending ₹50 crore (about USD7.6M) pursuing more than 13,000 “bio-data patents” (patents of no real value save burnishing the credentials of the scientists whose names appear on them), they have run out of money and shut down.
Troy Hunt, proprietor of the essential Have I Been Pwned (previously) sets out the hard lessons learned through years of cataloging the human costs of breaches from companies that overcollected their customers’ data; undersecured it; and then failed to warn their customers that they were at risk.
What could be more fun than a slingshot that shoots tiny airplanes? A slingshot that shoots tiny glowing airplanes of course! These toy planes are outfitted with ultra-bright LEDs, so you can fly all night without losing them in the trees.Whether you are a regular-sized child, or an overgrown adult one, these light-up flyers offer […]
You know the drill. You go to the dentist and they ask you how often you floss. You lie through your teeth and say, “every day!” (Bonus points if you have some cilantro or chives stuck in your gums from lunch). You don’t want to keep up the charade any longer, but rubbing that tiny strand […]
The Raspberry Pi Foundation has done outstanding work packing a fully capable desktop computer into a package the size of a deck cards—especially one that only costs $35. But if you already have a working laptop, why should you care? Oh, how much you have to learn. Besides operating well as a compact digital media hub, […]