Pamela Samuelson, one of America's leading copyright scholars, has published a working paper arguing that the DoJ's and RIAA's theory for calculating damages in downloader lawsuits is flawed:
A working paper coauthored by noted copyright law scholar Prof. Pamela Samuelson of the University of California Law School discusses, in depth, various issues regarding statutory damages under the Copyright Act.
Working paper by Prof. Samuelson on Copyright Act statutory damages argues Gore due process test applicable to statutory damages
Among other things, the paper concludes that the State Farm/Gore due process test is applicable to statutory damage awards under the Copyright Act, a position which is consistent with the position taken in the amicus curiae brief filed by the Free Software Foundation in SONY BMG Music Entertainment v. Tenenbaum, and inconsistent with the positions taken by the Department of Justice in Tenenbaum and in SONY BMG Music Entertainment v. Cloud
The Electronic Frontier Foundation has just filed a lawsuit that challenges the Constitutionality of Section 1201 of the DMCA, the “Digital Rights Management” provision of the law, a notoriously overbroad law that bans activities that bypass or weaken copyright access-control systems, including reconfiguring software-enabled devices (making sure your IoT light-socket will accept third-party lightbulbs; tapping […]
In spring, 2015, American farmers started to spread the word that John Deere claimed that a notorious copyright law gave the company exclusive dominion over repairs to Deere farm-equipment, making it a felony (punishable by 5 years in prison and a $500K fine for a first offense) to fix your own tractor.
The Bookworm Rug (100% woven polyester) come in 2′ x 3′ ($28), 3′ x 5′ ($58) and 4′ x 6′ ($79), and feature a selection of spines from some rather good books, including Iain Banks’s debut “The Wasp Factory” some Virginia Woolf, Charles Bukowksi and Haruki Murakami. (via Bookshelf)
Home audio has taken some big leaps forward in recent years–not just in terms of sound quality, but also in the style department. The FRESHeBAR Leather Soundbar, now 56% off in the Boing Boing Store, is proof.The FRESHeBAR comes packing almost all the options you’d ever need for a home sound system, including Bluetooth streaming capabilities.The unit’s 90 […]
Much of what goes into creating an amazing photo happens in the digital darkroom. Here’s your chance to master all things photo editing: the Ultimate Adobe Photo Editing Bundle, now available in the Boing Boing Store for just $29.99.Across 8 courses and over 41 hours of intensive instruction, you’ll learn the fundamentals of Adobe’s suite of photo […]
3D printers are hot, but they’re also pricey. While the prospect of cranking out everything we can dream up is enticing, cost is often one factor that keeps us from jumping onto the 3D printing train.Now, thanks to M3D, that doesn’t have to be the case. You can now get its flagship 3D printer–plus four reels of filaments–for just […]