Archive for the 'Extra' Category
In my post from Monday, I laid out a very brief outline of some of the conclusions reached by the Second Circuit in its Cablevision decision on remote DVRs. Today, I want to take a step back and discuss why it was so important for the development of digital media and technology.
Two theories espoused by the TV networks in the case were extraordinarily dangerous for copyright law. The first was that fleeting, transitory copies like buffer copies could make someone liable for copyright infringement.
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William Patry has shuttered his blog, The Patry Copyright Blog. The archives are gone too. He tells why in a final post. It's a tragedy, nothing less.
No, no one at Google made him do it. He did it for a couple of reasons, both of which resonate with me, and I think they are important to highlight. I must warn you, it's a bit depressing. Here are the reasons:
1. The Inability or Refusal to Accept the Blog for What it is: A Personal Blog 2. The Current State of Copyright Law is too depressingBut it's in the details that the story is told. Read more at Groklaw
The Trans Atlantic Consumer Dialogue (TACD), earlier this week approved, and presented to representatives of the U.S. government, a resolution in favor of policies that will promote a non-discriminatory Internet. The TACD is a group of 60 consumer and public-interest organizations from the European Union and the U.S. More background on the organization is found at www.tacd.org.
The resolution, adopted at a TACD meeting in Washington, D.C., found that Internet Service Providers (ISPs) “have the technical ability to act as gatekeepers, blocking or degrading consumers’ access to certain content and applications, or limiting the types of equipment that can be attached to the network. Such behavior can severely limit the usefulness of the Internet and frustrate consumers’ aims.”
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Outside of comic books, it is exceedingly rare to see a villain receive literal and poetic justice at the hands of its own creation. So when I read that Time Warner must now share the copyright for Superman with the heirs of Superman co-creator Jerome Siegel, I couldn’t help but give a healthy chuckle. The cause of action flows directly from a provision of the Copyright Term Extension Act (CTEA) of 1998, which Time Warner (along with other studios) pushed through Congress with all their lobbying might. Granted Time Warner never supported this provision, which was a sop to folks and their heirs who sold copyrights when they thought they were only giving away 23 years plus a 23 year renewal, but TW regarded that as an acceptable risk for the billions upon billions of dollars it gained from yet another windfall in copyright land.
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Yesterday, I sent out the latest issue of my eJournal, Standards Today. Not surprisingly, it focused on the OOXML process, and what can be learned from it. Below is the Editorial, and you can find the complete issue here. You can sign up for a free subscription here. Updated: ISO has now issued its confirmatory press release. The full text (less biolerplate) is appended at the end of this entry. I note with some interest that the press release includes the following language:Read the full post here.
Updated: 1. I have now received confirmation from a second source that these results are accurate.
2. Microsoft has issued a press release announcing that OOXML "Appears to Win Approval" (text below)
3. (1:00 PM EDT) I have now received a copy of the ISO communication from a National Body source entitled to receive it, and can confirm the data below.
4. Ecma's press release confirming approval is here
Open Malaysia has posted a final update of their vote registry, based upon an email from the OpenDoc Society to which is attached what they say are the final numbers on the OOXML vote. The document looks authentic, and I should have an independent verif...
Read the full post at consortiuminfo.org
Here's the scoop from Les Echos.fr on France's sudden change from its No vote to Abstain. Microsoft France's President Eric Boustouller sent AFNOR a letter [PDF] in French, of course. He tells a tale about OOXML and ODF progressing side by side and how if OOXML is approved, a group will be working hard to make the two more interoperable. Attached was a an HP statement of support for OOXML. HP sings the same song. And AFNOR?
"A la lumière des contributions et des commentaires, il nous est apparu qu'une "Désapprobation" n'était plus justifiée. Pour autant, il demeure encore des incertitudes sur les textes et les engagements, ce qui nous a conduit à nous prononcer par une "Abstention"", a expliqué dans un message électronique samedi Tony Hittema, directeur technique de l'Afnor.That's saying that in light of the new information, it seemed to them that disapprove was not justified. But neither was a Yes vote, because there remain issues with OOXML. So that's why they did it. Read the full post at Groklaw
The ISO folk have put out a press release about how wonderful the BRM worked out and what happens next. However, it tells us little people to stay out. Here's the operative language:
The BRM was not intended to be a public event but followed the orderly and inclusive process of ISO and IEC. With the BRM review completed, it is now up to national bodies to determine whether approval of ISO/IEC DIS 29500 is warranted.Read the rest at groklaw.net.
Andy Updegrove has the results in detail here, including a breakdown of the votes. Basically, there were too many proposed changes to be able to cover them in the BRM, so they tried a workaround, but the upshot is ... it's a mess. Oddly, despite the rules, Alex Brown, Updegrove reports, allowed non P countries to vote, but OOXML still couldn't get a majority of the delegations to back it at the BRM. Nor is it clear that allowing non P countries to vote is even legitimate. Now it's the 30-day voting period, but Updegrove asks, if they never could discuss all the issues, which is the purpose of a BRM, what's the basis for a vote? And with the vast majority either voting to abstain or even refusing to vote as a protest, I think one may conclude this proposal didn't belong on the fast track, and it isn't getting the kind of support you would have thought it might, given all the muscle that has gone into the push to get OOXML approved.
See full post at Groklaw.net

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