Here's another important Copyright Week post from the Electronic Frontier Foundation: Mitch Stoltz looks at the brutal penalties for copyright violations: "What if a single parking ticket carried a fine of up to a year's salary? What if there were no way to know consistently how much the fine would be before you got it? And what if any one of hundreds of private citizens could decide to write you a ticket?"
Something very close to this scenario is a reality in copyright law. Copyright holders who sue for infringement can ask for "statutory damages" and, if they win, let a jury decide how big of a penalty the defendant will have to pay—anywhere from $200 to $150,000 per copyrighted work. That's a big problem for Internet users, and everyone else who wants to use creative works in lawful but non-traditional ways. Authors of remix video and fan fiction, bloggers, coders, entrepreneurs and others who create, inform, and empower on the fuzzy edges of copyright law must gamble every day. They risk unpredictable, potentially devastating penalties if a court disagrees with their well-intentioned efforts.
People from across the spectrum of opinion on copyright—including many who generally support more restrictive copyright law—agree that copyright damages are broken and need fixing. In today’s House Judiciary Committee hearing on the scope of copyright, Professors David Nimmer and Glynn Lunney agreed on almost nothing—but both agreed that copyright’s penalty regime makes no sense today.
Different from almost all other areas of the law, plaintiffs in copyright cases don’t have to present any evidence that they were harmed. And aside from setting some broad ranges of amounts for "willful" and "innocent" infringement, the only guidance that the Copyright Act gives to juries in picking an amount is to say that it should be "just."
Copyright Week is a worldwide effort to fix copyright: here are the six principles you can sign onto.
To Safeguard the Public Domain (and the Public Interest), Fix Copyright’s Crazy Penalties
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 […]