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King no longer claims to own "candy," still claims it owns "saga"

King Games, makers of Candy Crush, have backed down from their insane campaign to trademark the use of "Candy" in connection with games, a gambit that brought them ridicule and opprobrium (for example, a game jam where all the games made use of "candy"), not least because the company bullied competitors who had created candy-themed games years before Candy Crush came to market. However, the company still asserts a trademark over the use of the word "saga" in connection with games, and is trying to shut down The Banner Saga. Cory 21

America's copyright threat letters turn one year old, but no one will say how they're doing

The Copyright Alert System -- a "voluntary" system of disconnection threats sent to alleged file-sharers, created by entertainment companies and the large US ISPs -- has just celebrated its first birthday, having spent $2 million in order to send out 625,000 threats to people it believed to be infringers. How's that working out for them?

No one knows. The Center for Copyright Information -- which made a lot of noise about its war on piracy when it was ramping up -- has been totally silent for the past twelve months, not issuing a single press release (nor have its participating entities said anything about it in that time).

I guess there are two possibilities: one is that this was an amazing success, but they're too modest to boast.

The other one is that, like every other variant on this, as practiced in New Zealand, the UK, and France, it is an expensive boondoggle that wasted millions, alienated hundreds of thousands, and did nothing to break the copyright logjam that has been sowing chaos on the Internet since the 1990s.

This program was the brainchild of US copyright czar Victoria Espinel and the entertainment bigs, and was a predictable disaster from the outset. No doubt there will be some grossly flawed study in the near future to demonstrate that they've finally managed to invent perpetual motion square the circle make Pi equal 3.1 threaten Internet users into doing their bidding.

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Librarybox beta goes 2.0: self-powered Wifi file-server that fits in your pocket


Jason writes with an update to the amazing, kickstarted Librarybox project: "The LibraryBox Project, as a part of its ongoing efforts to bring information to areas without communication infrastructures, announced the release of the v2.0 public beta today. Boing Boing was kind enough to post about the very successful Kickstarter from July and this is the next stage of the project arising from that funding.

"LibraryBox is an open source digital distribution device, designed to route around both censorship and poor infrastructure by creating a hyperlocal digital file distribution point for use by libraries, educators, or anyone who wants to share files quickly and easily. The v2.0 release makes building your own LibraryBox easier than ever, while increasing the customizability and flexibility of the interface."

LibraryBox v2.0: Portable Private Digital Distribution (Thanks, Jason!)

The Research Bay: Pirate Bay users continue their long-running, successful scholarly collaboration

Researchers in the Cybernorms group at Sweden's Lund University are conducting their annual linkup with The Pirate Bay, a project that 170,000+ Pirate Bay users have already voluntarily participated in. The project, called "The Research Bay," invites Pirate Bay users to participate in surveys on file-sharing, copyright and privacy. The prodigious raw data produced is available on an open access basis at The Survey Bay, and you can read papers based on the survey here.

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DICE: emulator for hardwired, discrete-circuit games from the 1970s


Since 2007, Adam has been improving DICE, a free/open program that emulates video games from the very dawn of the industry. These games, called "discrete circuit" games, had no CPU; gameplay was determined through hardwired connections between the electronic components (think of games like the Pong system). This has put these games -- like 1975's Crossfire, 1974's Clean Sweep and Wipe Out, and 1974's Pin Pong -- outside the reach of retrogaming emulators like MAME. DICE recreates the electrical circuits with careful precision, aiming to recapture the original play.

A new version of DICE, 0.8, allows for windowed play, and attains some Mac OS support.

adam's emulation wip (via /.)

Whatsapp abused the DMCA to censor related projects from Github

Prior to Whatsapp's $19B acquisition by Facebook, the company sent a large number of spurious takedowns against projects on Github. In a DMCA notice served by Whatsapp's General Counsel to Github, a number of projects are targeted for removal on the basis that they are "content that infringes on WhatsApp Inc.'s copyrights and trademarks."

This is grossly improper. DMCA takedown notices never apply to alleged trademark violations (it's called the "Digital Millennium Copyright Act" and not the "Digital Millennium Trademark Act"). Using DMCA notices to pursue trademark infringements isn't protecting your interests -- it's using barratry-like tactics to scare and bully third parties into participating in illegitimate censorship.

The letter goes on to demand takedown of these Github projects on the basis that they constitute "unauthorized use of WhatsApp APIs, software, and/or services" -- again, this is not a copyright issue, and it is improper to ask Github to police the code its hosts on this basis. It is certainly not the sort of activity that the DMCA's takedown procedure exists to police.

So what about copyright infringement? In the related Hacker News thread, a number of the projects' authors weigh in on the censorship, making persuasive cases that they software did not infringe on any of Whatsapp's copyrights -- rather, these were tools that made use of the Whatsapp API, were proof-of-concept security tools for Whatsapp, or, in one case, merely contained the string "whatsapp" in its sourcecode.

There may well have been some legitimately infringing material on Github, but it's clear that Whatsapp's General Counsel did not actually limit her or his request to this material. Instead, the company deliberately overreached the bounds of the DMCA, with total indifference to the rights of other copyright holders -- the creators of the software they improperly had removed.

Unfortunately, there are no real penalties for this sort of abuse. Which is a shame, because Whatsapp has $19B in the bank that a smart lawyer who wanted to represent the aggrieved parties could certainly take a chunk out of.

(via Hacker News)

Canadian court rules on copyright trolls: letters can go ahead, under strict supervision

Michael Geist writes, "The Canadian federal court has released its much anticipated decision in Voltage Pictures v. Does, a case involving demands that TekSavvy, a leading independent ISP, disclose the identities of roughly 2,000 subscribers alleged to have downloaded movies without authorization. The case attracted significant attention for several reasons: it is the first major "copyright troll" case in Canada involving Internet downloading (the recording industry previously tried unsuccessfully to sue 29 alleged file sharers), the government sought to discourage these file sharing lawsuits against individuals by creating a $5,000 liability cap for non-commercial infringement, TekSavvy ensured that affected subscribers were made aware of the case and CIPPIC intervened to ensure the privacy issues were considered by the court. Copies of all the case documents can be found here."

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Museums and the free world: keynote from the Museums and the Web conference in Florence


Yesterday, I delivered a keynote address for the 2014 Museums and the Web Conference in Florence, speaking in the audience chamber of the Palazzo Vecchio, which is pretty much the definition of working the big room at the palace. The organizers will be uploading video shortly, but in the meantime, they've been kind enough to post the crib for my talk, which is pretty extensive. The talk was called "GLAM (galleries, museums, archives and libraries) and the Free World":

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Tell Congress to legalize unlocking your phone


Sherwin from Public Knowledge writes, "The Copyright Office and the Library of Congress think that copyright law and the DMCA make it illegal to unlock your phone and take it to a new carrier. This is plainly ridiculous: a year ago, 114,000 Americans wrote the White House to tell them that, and the White House agreed. So did the FCC. And, eventually, so did the phone companies, who say they'll work to unlock most consumers' phones for them. But the law has stayed the same. It's still illegal for you, even if you've paid off your entire contract, to take it upon yourself to unlock your own phone."

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Hand-painted Haunted Mansion shoes


Artist Rachelliles352's Deviantart profile is full of gorgeous hand-painted shoes. Of course, my favorite set are these custom-painted Haunted Mansion high-tops -- there's a wonderful line there, and some sweet color-sense.

Custom Disney Haunted Mansion Magic Kingdom Shoes

AIDS deniers use bogus copyright claims to censor critical Youtube videos

Myles Power, a debunker who goes after junk science and conspiracy theorists, has gone after AIDS denialists and a terrible, falsehood-ridden, dangerous documentary called "House of Numbers," which holds that HIV/AIDS isn't an actual viral illness, but rather a conspiracy to sell anti-viral medication. The AIDS denial movement encourages people who are HIV-positive to go off the medication that keeps them alive.

The producers of "House of Numbers" have used a series of bogus copyright takedown notices to get Youtube to remove Powers's videos, in which he uses clips from the documentary as part of his criticism, showing how they mislead viewers and misrepresent the facts and the evidence. It's pure censorship: using the law to force the removal of your opponents' views.

Google and Youtube have some blame to shoulder here. They should not be honoring these takedown notices, as they are not valid on their face. However, the buck doesn't stop there. The DMCA's takedown procedures have no real penalty for abuse, so it is the perfect tool for would-be censors. What's more, the entertainment companies -- who are great fans of free speech when defending their right to sell products without censorship, but are quite unwilling the share the First Amendment they love so dearly with the rest of us -- are pushing to make censorship even easier, arguing that nothing should be posted on Youtube (or, presumably, any other online forum) unless it has been vetted by a copyright lawyer.

Update: Google has reinstated the video, and published this statement: "When a copyright holder notifies us of a video that infringes their copyright, we remove it promptly in accordance with the law. We reinstate content in cases where there is clear fair use and we are confident that the material is not infringing, removing any associated copyright strikes.”

However, the "accordance with the law" business isn't the whole story. The law says that if Google is sent a takedown notice and they don't remove it, they could be sued along with the person who posted it. But it's up to Google to determine whether it believes the complaint holds water, and whether to assume the risk of disregarding it. IOW: Google could have left the video up, but at some risk of being named in a nuisance suit by some genuinely evil people. It decided that this risk was more costly than the likely temporary removal of the video.

They're probably right inasmuch as they will generally be let off the hook for this. However, to the extent that we -- the people who generate Google's income -- give them a good kicking when they make decisions like this, we will raise the cost of acting on obviously spurious copyright complaints. The higher that cost rises, the less censorship we'll see on Youtube.

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Indian readers sue Penguin for copyright to book that is to be pulped due to religious fundamentalists' campaign

Robert Sharp writes, "A group of readers have launched a legal challenge to Penguin, saying: 'You're not using your copyright responsibly - please turn it over to us'! They're angry that Penguin is no longer defending a legal dispute against fundamentalists and will pulp remaining copies of the book 'The Hindus'."

The readers are represented by Lawrence Liang and the Bangalore-based Alternative Law Forum.

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Dems appoints RIAA's man in Congress to House Judiciary Subcommittee on Courts, Intellectual Property and the Internet

One of the RIAA's best friends in congress, Jerry Nadler, has been appointed to the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet by Obama Congressional Democrats. The history of this committee is nothing short of grotesque: every time it looks like a copyright moderate/friend of the Internet might get appointed to it, it is declared redundant and shut down. Then, once the danger has passed and there's another loony, Internet-hating, censorship-happy copyright maximialist in place to fill a vacant seat, the committee once again becomes relevant and is resurrected. Cory 9

AT-ATs versus the Olympics

This is the only footage from Sochi that you really need to watch: when the AT-ATs of Russia attacked the skiers, it was sheer, Olympian magic. Watch it now before the IOC exercises its right to humorlessly obliterate anything that interferes with the corporate integrity of its celebration of human potential and indifference to human rights.

Star Wars OL (via Kottke)

EU elections: ask candidates to sign digital rights pledge

Kirsten From Edri writes, "European Digital Rights (EDRi) has launched WePromise.EU to put digital civil rights on the agenda of the European election. The platform is based on a two-sided promise: On the one hand, parliamentary candidates will be able to endorse a ten point 'Charter of Digital Rights' that supports an open digital environment. On the other, citizens across Europe can in turn sign the petition and promise to vote for candidates that have endorsed the Charter."

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