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).
Vince Weaver is reimplementing Portal — “the cake acquisition simulator released in 2007” — to the Apple II series of computers, bit by bit — inspired by the fact that the Apple II hires mode has “the perfect Aperture Science orange and blue colors.” He’s released a disc image of the game in Apple Basic, […]
We’ve followed Annalee Newitz’s career here for more than a decade, from her science writing fellowship to her work as an EFF staffer to her founding of IO9 and her move to Ars Technica and the 2013 publication of her first book, nonfiction guidance on surviving the end of the world and rebooting civilization: now, I’m pleased to present an exclusive excerpt from Autonomous, her debut novel, which Tor will publish in September 2017, along with the first look at her cover, designed by the incomparable Will Staehle. As her editor, Liz Gorinsky, notes, “Autonomous takes an action-packed chase narrative and adds Annalee’s well-honed insight into issues of AI autonomy, pharmaceutical piracy, and maker culture to make a book that’s accessible, entertaining, and ridiculously smart.” I’m three quarters of the way through an early copy, and I heartily agree.
Nintendo’s nostalgic instant sellout NES Classic (still available from scalpers) only comes with 30 games and no way to add more: but it only took two months from the announcement date for intrepid hackers to jailbreak the device and come up with a way to load your favorite ROMs, using a USB cable and a PC.
One of the best ways to progress a career in project management is through earning recognized certifications. These certifications carry significant clout and don’t require expensive tuition or student loans. This Ultimate Project Management Certification Bundle is a great example of an affordable way to get ahead. It includes training for 9 certifications including PMP, […]
There’s nothing quite like the rush of playing against a real human opponent. But from a developer standpoint, creating fun multiplayer experiences is incredibly complex. Fortunately, the Unity3D game engine has made all aspects of game creation, including multiplayer functionality, as accessible as ever.This Unity Course Bundle introduces all of the necessary elements of creating […]
The 2016 World Series game 7 will undoubtedly go down in history as one of the greatest baseball games of all time. With endless suspense, a nefariously-timed rain delay, and extra innings, it reminded over 40 million viewers why they love America’s pastime – and why all bets were truly off in 2016. Savor the […]