Thursday, April 17, 2008

'Harry Potter' Author J.K. Rowling's Copyright Case: What Is Fair Use? - News Story | Music, Celebrity, Artist News | MTV News

 'Harry Potter' Author J.K. Rowling's Copyright Case: What Is Fair Use? - News Story | Music, Celebrity, Artist News | MTV News

"Of all things a very good explination of fair use and its from someone at MTV" -- HSM

'Harry Potter' Author J.K. Rowling's Copyright Case: Behind All The Legal Jargon

Case against 'The Harry Potter Lexicon' hinges on the doctrine of fair use — but what does that mean?

By Shawn Adler

It's a setup that could find a place in "Harry Potter" itself: One is powerfully magical, learned in the ways of witchcraft and wizardry, in control of an empire that spans generations and continents. The other is a boyish figure, whose large, round glasses and mop of dark hair dominate a childish face.

It's unofficially a duel between the richest, most successful author in the world and a 50-year-old librarian, but the case of J.K Rowling v. RDR Books, now playing out in a federal court in New York, doesn't hinge on magical knowledge, superior weaponry or even powerful friends, but on a somewhat-complicated U.S. law known as the doctrine of fair use.

So what, exactly, is fair use, and why is Rowling arguing in court that "The Harry Potter Lexicon" breaks the guidelines established for it to work? And why can we quote liberally from "Harry Potter," at seeming random if I like ("Nitwit! Blubber! Oddment! Tweak!"), while Steve Vander Ark is being enjoined from doing what, at face value, appears to be the very same thing?

The answer lies in a piece of legislation only 30 years old and the four provisions it outlines as the foundation of fair use.

First, to understand the case, it's important to understand the basic principles of copyright law, a constitutional right that essentially grants artists and inventors exclusive rights to their writings and discoveries. As the author of the seven "Harry Potter" novels and their two companion books, that right, in this case, naturally belongs to J.K. Rowling.

But like most rights, even constitutional ones, that principle is not absolute. Under the Copyright Act of 1976, others are allowed to incorporate copyrighted materials "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research." When we quoted "Harry Potter" above, our use clearly fell into the category of "news reporting" and was therefore not a breach of copyright law.

The central issue of the court case is whether "The Harry Potter Lexicon," an encyclopedic reference of all things Potter, falls into any of the above categories as well.

To determine whether or not it does, the court will use four main guidelines:

1. The "purpose and character of the use." In simple terms, this boils down to an opinion on whether the work is "transformative," meaning, does it add to the culture's appreciation and/or knowledge of a work, or does it merely seek to supersede the original?

This is the point of contention most argued in the court case, with lawyers for Rowling insisting that "Lexicon" "takes too much and does too little." In other words, it adds little or no commentary or criticism.

By way of example, take our recent shot-by-shot analysis of "The Dark Knight" trailer and assume it wasn't for a news organization. The article was a second-by-second look at the trailer — there's not a copyrighted shot that we didn't describe in detail or, in some cases, pull for readers to view. But each shot was then obsessively dissected, and the hope, of course, was that we added to the discussion of the work while not superseding the original. Writing about the trailer didn't stop anyone from actually watching it.

Rowling's lawyers argue that "Lexicon" does not meet that burden, that it is in no way transformative but is merely derivative. It simply "rearranges the furniture of Rowling's novels," attorney Dale Cendali said in her opening statement.

The defense, meanwhile, argues that the value of the book far outweighs its use of copyrighted material.

Under this guideline, a judge may also take into account the profit motives of a particular work. Hence, the repeated questions in court Monday over whether "Lexicon" was more a money grab or a "passion" project.

2. The "nature of the copyrighted work." Is it fiction or nonfiction, published or unpublished? This guideline isn't particularly applicable in this case, as nobody argues, for instance, that Dumbledore or Harry Potter are in any sense "real."

In testimony Monday, Rowling touched on this when comparing a description she wrote of a "Chinese fireball" with one from "Lexicon," stating that it wasn't as if they were both describing giraffes. "It's not as if we are describing something that exists outside my imagination," she said.

Interestingly, under this guideline, if Rowling actually had a written copy of her long-promised "Harry Potter Encyclopedia," it might be afforded protection even though it was unpublished.

3. "The amount ... of the portion used in relation to the copyrighted work as a whole." How much of the whole text appears in the work? Generally speaking, the less you use, the more likely that it's fair use, but of course there are instances in which you can quote the entirety of something and get away with it.

At its most basic, this guideline asks whether or not a user takes only the material needed for his or her intended purpose. Vander Ark's purpose, of course, is to be a comprehensive compendium of all things Potter, so naturally he's going to be taking a lot.

4. What is the effect of the use on potential market value? Will the publication of "The Harry Potter Lexicon" take away from sales of "Harry Potter" or stop anyone from seeing the movie, buying toys or going to the soon-to-be opened theme park? Almost certainly not, of course. But it's an avenue Rowling's lawyers are exploring in earnest. This was especially evident in Rowling's testimony. "This trial has decimated my creative work over the last month," she said. "You lose the [plot] threads and worry whether you'll be able to pick them up again. Should my fans be flooded with a surfeit of substandard books — so-called lexicons — I'm not sure I'd have the will or heart to continue."

In consideration of this guideline, courts ask: Is the work a direct substitute? (It would be, if Rowling had written her own encyclopedia.) They also ask: Could potential harm exist beyond being a direct substitute? (It could if Rowling didn't write her own encyclopedia.)

'Harry Potter' Author J.K. Rowling's Copyright Case: What Is Fair Use? - News Story | Music, Celebrity, Artist News | MTV News

St Michael’s Anglican Cathedral, Wollongong » Christians and Copyright

 St Michael’s Anglican Cathedral, Wollongong » Christians and Copyright

Christians and Copyright

Communication technology has made wonderful and startling advances over the last few decades. But alongside the rapid rise in the easy availability of mobile phones, MP3 players, media streaming, etc., there has also been a corresponding increase in the illegal copying of proprietary material. Because it’s so easy to copy music, images, text and videos created by somebody else without their permission, and because it’s almost impossible for individuals to get caught or prosecuted, people (including many Christians) are doing it often, in different ways, everywhere. Last night, I almost copied a mobile phone ring tone from one phone to another—and then realised that it was copyright! How should Christians think and act in regards to copyright? Here are a few pointers.

Firstly, we must remember Jesus’ teaching about God’s law. In Matthew 5, we learn that being God’s Sons is about more than just keeping the bare minimum of the law—it’s about loving what God loves, and being committed to God’s desires as a child of a loving heavenly Father (e.g. Matt 5:14-16). So, for example, the commandment ‘Do not commit adultery’ isn’t just a bare rule. It shows God’s children that God loves faithfulness, so we realise that even flirting or lust is wrong (Matt 5:27-38). In the same way, the law ‘do not steal’ (Exod 20:15) is about more than burglary. God’s children should seek the maximum, not the minimum, application. For example, if somebody has created written material or other media and has not given express permission for it to be published, it is their property. If you copy it without their permission, you are doing the equivalent of shoplifting or burglary—in God’s eyes, you are taking from somebody else. Don’t try to justify your behaviour, or explain it away. Act as a child of God, and do what God loves.

Secondly, copyright is the law of our nation, and breaking copyright is against the law. The apostle Paul reminds us in Romans that Christians are still subject to the governing authorities:

Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. (Romans 13:1-2 NIV)

A common objection is that copyright is an outmoded concept that hasn’t kept up with advances in technology. It can be argued that copyright laws don’t work; they merely prop up rich multinational corporations and stifle the free exchange of ideas. This may well be true in some areas. However, as Christians, our response to injustice must never be to simply break the law. Points one and two above still hold: we must not steal, and we must submit to the governing authorities, even where they are imperfect (see also 1 Peter 2:13-20ff). In God’s providence, there are many ways for Christians in Australia to rightly and legally address injustice. If you are concerned about the injustice of copyright laws, then get informed, join or form a lobby group, write letters to your local member. But until the law changes, do not break it. Pay for the material, or put up with the fact that you can’t have it. Surely, acting like a child of God is worth a bit of inconvenience.

Finally, a word to younger people. Refusing to break copyright on images, movies, MP3s, etc., will most likely make you stand out starkly from your friends. It will make you seem freakish, strange and may even ostracise you from your peer group. In other words, it is one of the obvious ways that you can show that you are actually serious about being a Christian. Keep in mind the words of Jesus:

Blessed are you when people insult you, persecute you and falsely say all kinds of evil against you because of me. Rejoice and be glad, because great is your reward in heaven, for in the same way they persecuted the prophets who were before you … You are the light of the world. A city on a hill cannot be hidden. Neither do people light a lamp and put it under a bowl. Instead they put it on its stand, and it gives light to everyone in the house. In the same way, let your light shine before men, that they may see your good deeds and praise your Father in heaven. (Matthew 5:11-16 NIV)

Warmly in Christ,
Lionel Windsor

St Michael’s Anglican Cathedral, Wollongong » Christians and Copyright

Monthly Weather Review Editors' Blog: Scare tactics by publishing companies

 

Scare tactics by publishing companies

As I have been describing in this blog, publishing companies are afraid of open-access journals and other open-access bills being considered by Congress. One of their arguments is that open access will harm the peer review process.
Such undue government intervention in scholarly publishing poses inherent risks and problems, including:

  • Threats to the economic viability of journals and the independent system of peer review
  • The potential for introducing selective bias into the scientific record


"Open access" does not equal "no peer review." That is one of the distortions that the publishing companies use to scare Congress into killing reasonable bills that allow taxpayer-funded research to be accessed for free.
In fact, the highest ranked journal in the atmospheric sciences in terms of impact factor is Atmospheric Chemistry and Physics, published online only by the European Geosciences Union. The journal has a unique peer review process. You submit the paper, and after an initial assessment of quality by an editor, gets posted online for all to read and comment upon nonanonymously. At the same time, anonymous peer reviewers assess the manuscript. After a specified time, the author then must respond to all comments, anonymous and nonanonymous. The manuscripts at ACP eventually get published or rejected, as we do. Page charges are smaller than the AMS (covering web hosting, etc.), rejection rates are only 16%, and there is no cost to access the article. Therefore, the author pays all charges. The readers pay nothing to read the article. This is why open access is so popular among scientists. How many articles would you be able to read online if you didn't have to pay? I know I would read a lot more.
The AMS sits somewhere in between big publishers and open access. The articles are restricted to subscribers for five years, after that, they are free to everyone. That, in my opinion, isn't a bad option. Some journals will allow their otherwise restricted articles to be open access. For an extra $1000 or so in page charges, authors can make their published article free to everyone, not just journal subscribers.
Although I am not a total fan of e-publishing for some contexts, open access is one thing I cheer loudly for. As a fan of science, so should you.

Monthly Weather Review Editors' Blog: Scare tactics by publishing companies

Wednesday, April 16, 2008

First Author » Blog Archive » What can Universities do to Promote Open Access?

 

What can Universities do to Promote Open Access?

Steve Harnad’s American Scientist Open Access Forum recently gave an excellent review of Peter Suber’s talk, and the audience discussion, entitled “What Can Universities Do To Promote Open Access?” at Harvard’s Berkman Center for Internet and Society. Harnad outlined 8 key points of Suber’s lecture, as described below, and proceeded to add his own extended commentary. First author highly recommends visiting Harnad’s original posting, but below is a summary of the summary!

1) Journals versus Books: Suber described the varied application of OA mandates to journal articles and to scholarly book chapters. As expected OA at the moment only applies to journal articles that authors are entitled to give away.
2) Versions and Citability: Here, Suber pointed out that although the publisher’s final and official PDF is always what is cited, the ‘postprint’, in the form of the final, post-peer review, accepted version, is equally useful to researchers.
3) First OA Self-Archiving Mandate: Suber alluded to the Queensland University of Technology’s first institution wide OA mandate, though Harnad pointed out that Southampton University’s School of Electronics and Computer Science actually declared the earliest OA mandate.
4) Probability of Author Compliance with OA Self-Archiving Mandates: Suber discussed the Swan & Brown’s author surveys, which found that 95% of authors would comply with an OA self-archiving mandate, including over 80% willingly. The same was true of Arthur Sale’s data on actual mandate compliance rates.
(5) Deposit Mandates vs. Copyright-Retention Mandates: Suber discussed the technical differences between these two descriptions. NIH’s is not a copyright-retention mandate. It is a no-opt-out deposit mandate plus a no-opt-out requirement to negotiate with the 38% of journals who don’t endorse immediate OA, so as to be able to make the deposit OA within a year. Harvard’s is a copyright-retention mandate, with opt-out.
(6) Mandate Implementation Mechanisms: Peter noted that there are currently no sanctions on deposit mandates, only administrative incentives and contingencies. The open access repositoryhas beens made the official locus for submitting publications to be assessed for performance review.
(7) Peer Review, Journals and Repositories: Peter discussed the differences between much OA lingo. Journals provide peer review; IRs provide access to peer-reviewed postprints. The issue of IRs providing peer review is a red herring (raised by others, not Peter).
(8) Journal Weighting in Researcher Performance Evaluation: Finally, Suber made the point that the credit and weight accorded for publishing in a given journal in a researcher’s performance evaluation should not be changed due to new OA regulation. Performance evaluation should still depend only on the journal’s track-record for quality, not on its OA policy or status.

First Author » Blog Archive » What can Universities do to Promote Open Access?

Coursepack sharing: An idea whose time has come? « Everybody’s Libraries

 

Coursepack sharing: An idea whose time has come?

Filed under: copyright, open access, sharing, teaching — John Mark Ockerbloom @ 2:16 pm

For years, there’s been an uneasy truce between publishers and universities about the inclusion of copyrighted materials in universities’ online course web sites and “courseware” systems. Publishers and universities have been arguing for years over when posting such materials for courses is fair use, and when it requires permission and payment. While legal threats have sometimes been made or implied, involving universities like Cornell and UCSD (see this Library Journal article from October for background), the parties involved have tended eventually to either climb down or settle. (Cornell, for instance, negotiated an agreement with publishers in 2006.)

That general truce broke down this week, though. Three major academic publishers, with the backing of the Association of American Publishers, have sued Georgia State University officials over GSU’s postings of parts of their publications in their campus Blackboard and WebCT courseware systems. The plaintiffs contend that the posting of full chapters and lengthy excerpts in GSU’s courseware system is copyright infringement, not fair use, particularly when the Copyright Clearance Center offers licenses for many of those readings. I have not yet found a response from GSU.

At the same time, there’s been an increasing movement for university scholars, the authors of many of these course readings, to make their works freely available online, open for reading and reuse. Open Access News has recently posted summaries of recent open access mandates from bodies like NIH and Harvard, and of open textbook initiatives. The open courseware movement, where professors freely share their own course materials with the world, is also gaining steam, with many universities now offering open courseware sites, and a conference being held in China later this month to further extend the scope and reach of free course materials.

These two trends, combined, could lead to some interesting outcomes. If schools, for whatever reason, want to eliminate or minimize payment and permission requirements for course materials, and a growing body of literature potentially useful for course materials is openly available, then we can expect to see schools move towards building coursepacks made entirely, or mostly, of open access materials. They are therefore motivated to find, and build, systems for easily compiling such coursepacks.

Right now, it can be difficult to find suitable open access readings for a class you’re planning on teaching. Tools like OCWFinder help, but they’re more geared towards finding specific existing courses with open access materials (which might be no more than a syllabus and a few assignments in some cases) than finding specific open access readings that might be suitable for a planned course.

But in a world that’s brought us global content sharing systems like Flickr, CiteULike, and PubMedCentral, it’s not that much of a stretch to imagine systems that would let instructors provide and share open access course readings more readily. A well-designed, browsable and searchable repository of such readings could provide a convenient way for professors to upload, organize, and disseminate open coursepacks for their students (”Just go to the OpenCoursePacks website, and type in the name of my course”, they could say). The same site could also let profs could tag, annotate, and recommend their readings, thereby making it that much easier for other professors to find and include suitable open access content in their own coursepacks. With a good design, and suitable scale and interest, a coursepack sharing site could make a lot more good instructional material widely and freely used and shared.

Will that happen? I don’t know. But it’s an intriguing idea, I think, and perhaps someone could run with it, or something like it. Perhaps someone already is.

Coursepack sharing: An idea whose time has come? « Everybody’s Libraries

Periodicals Price Survey 2008: Embracing Openness - 4/15/2008 - Library Journal

 

Periodicals Price Survey 2008: Embracing Openness

Global initiatives and startling successes hint at the profound implications of open access on journal publishing

By Lee C. Van Orsdel & Kathleen Born -- Library Journal, 4/15/2008

They have argued about it for years. It's been touted as the liberator of information that wants to be free, the arbiter of shared intellectual property rights, and an engine that can drive discovery, invention, cures, and economies. It has also been vilified as an assault on capitalism, a catalyst for the collapse of responsible publishing and the rise of junk science, and a naïve invention of some pointy-headed idealists who have no idea how the real world works. “It,” of course, is open access (OA).

Evidence for open access as an emergent, global state of mind is everywhere. The New York Times went “open” last September, and the Wall Street Journal is slated to follow. Increasingly, scholarly communities are breaking with tradition and calling for the open sharing of research, software, and data. In amongst these global initiatives is the campaign to provide open access to the results of research that is funded with public dollars. That campaign has produced a series of startling successes in recent months, with potentially profound implications for the journal publishing industry.

First came a long-awaited mandate, signed into law on December 26, requiring the National Institutes of Health (NIH) to provide open access to grantees' peer-reviewed research articles within 12 months of publication. As blogs hummed with speculation about how libraries would be affected and whether publishers would take it to court, another shoe dropped. The European Research Council announced the first European Union (EU)–wide mandate on January 10, calling for grant recipients to put research articles and supporting data on the web within six months of publication. As that news was being absorbed, 791 universities in 46 European countries voted unanimously to endorse OA mandates for faculty at their institutions and to support other mandates for access to publicly funded research.

The OA tsunami crested on February 12. In a move few anticipated, Harvard's Faculty of Arts and Sciences voted unanimously to give the university permission to post their scholarly articles in an institutional repository. The policy requires faculty to retain the right to archive their peer-reviewed manuscripts when signing publisher agreements (though faculty can get a waiver by asking for it in writing). About two-thirds of publishers already grant such permission. The one-third that don't currently allow self-archiving will find themselves in a tough spot—conform to the mandate or lose the work of Harvard authors. Harvard's is the first university mandate in the United States and the first anywhere to be initiated by faculty rather than administrators. Therein lies its importance. Through its mandate, Harvard faculty voted for more control over their work and for the right to use and share it widely as a social good.

Alternatives on trial

On other fronts, the pace of publisher experimentation with open access and other alternative publication models picked up a bit in 2007, with CERN's SCOAP3 project attracting the most attention. A few journals with interactive, Web 2.0 features were launched by large commercial publishers. The number of hybrid OA journals grew, and their overall efficacy as a transitional model seemed more certain. We also saw experimentation on a smaller scale, with publishers looking for better/simpler journal pricing models and ways to trim the cost of sales. Like their library customers, publishers continued to grapple with the costly practice of running dual systems for print and online. Rumors of mergers persisted—Elsevier and Kluwer Health, Springer and Informa/Taylor & Francis, Springer and CSA/Proquest—and were persistently denied by company spokespersons. There was little relief to be had from the high cost of journals, with Oxford University Press offering the rare exception when it used income from author fees to reduce subscription costs in its hybrid journals for the second year in a row, just as it promised.

This year's Periodicals Price Survey will look at these and other issues shaping today's journals marketplace. Three Institute for Scientific Information (ISI) databases—Arts and Humanities Citation Index, Social Sciences Citation Index, and Science Citation Index—provide the titles used in the study. In addition, we include data on titles in EBSCO Publishing's Academic Search Premier. The data are limited to prepriced titles (as opposed to standing-order or bill-later titles) that can be ordered through a vendor and are current as of February 8, 2008.

A really big mandate

The NIH mandate made news both because of its size and because NIH sponsors the best-known OA database of high-end medical research in the world, the National Library of Medicine's PubMed Central. NIH dispenses $29 billion a year in grants, resulting in some 80,000 journal articles that are coveted by STM journals for their prestige and impact. Those STM publishers that reportedly sank millions into lobbying against the mandate have been quite vocal in their criticism of it.

Before NIH even posted its operational guidelines, statements from theAmerican Chemical Society (ACS), Professional/Scholarly Publishing division of the Association of American Publishers (AAP/PSP), and International Association of Scientific, Technical, and Medical Publishers condemned the measure, claiming among other things that it takes away the intellectual property rights of publishers without compensation and threatens the practice of peer review.

The facts, please

Guidelines published by the NIH describe a different reality. Adherence to copyright law is required. A grant recipient receives public monies to conduct research in a health-related subject. In exchange, the recipient agrees to post in PubMed Central the author's final copy of the peer-reviewed manuscript that has been accepted for publication. The deposit happens immediately so metadata can be created to aid discovery by other researchers. The text of the article, however, is embargoed for up to 12 months in respect to the publisher's investment. The policy says nothing about publishers or their business models. In fact, publishers are not involved in NIH grants until the very end of a long process of research and writing and then only by choice. It is hard to see how publishers can contest the measure on legal grounds. At most they may delay its implementation by request for judicial review. Based on the recent run of anti-OA PR campaigns that backfired, it is sure to be an interesting process.

When Harvard speaks...

The terms of the Harvard decree are similar to those of the NIH's, but publisher response is more muted—perhaps because it was created by the very scholars whose manuscripts fuel the current publishing system. For years, scholars like these have unhesitatingly signed agreements that transfer virtually all copyrights to their publishers. Publishers benefited financially from the ownership of these rights, which they guarded on behalf of both the authors and themselves. The new edict threatens the traditional order of things, but in so prestigious a setting and with such lofty idealism that it is hard for publishers to criticize. If other universities follow suit, the Harvard mandate may well end up as a for-profit publisher's biggest nightmare—the hole in the dike through which a deluge may pour.

A fiasco called PRISM

Active resistance to legislative mandates for access to publicly funded research is a priority for some society and commercial STM publishers, and lobbying efforts are directed not just to scholars but also to governing bodies in the United States and Europe. Sometimes their efforts backfire. PRISM, the Partnership for Research Integrity in Science and Medicine, was launched by the AAP/PSP. Its intent was to discredit a legislative proposal that would make all research funded by large federal agencies open access, like the NIH mandate but far larger. The PRISM web site was rolled out in August 2007.

Following the advice of a hard-line PR consultant, rhetoric on the site equated peer-review with traditional publishing, traditional publishing with the protection of scientific integrity, and open access with junk science. Reaction from researchers around the world was swift and blistering. The directors of MIT and Columbia University presses resigned from the AAP/PSP executive council in protest. Two weeks later, the worst of the hype on the web site was toned down, but calls for a disclaimer that not all members of AAP agreed with PRISM's position continued to be ignored. Ultimately, nine publishers, including Nature, Penn State, Oxford, Cambridge, University of Chicago, Rockefeller University Press, and Cold Spring Harbor Laboratory Press, disavowed PRISM. By the end of September, the AAP and PSP had removed all links to the site from their webpages. The PRISM site remains. There's a place to endorse the coalition's principles but no evidence that any publisher has done so.

Pricing the possibilities

When you push past the hype, most publishers don't object to open access as a concept so much as they object to it as a business model. Flipping to an OA business model means giving up subscription revenue and finding sustainable streams of revenue from authors, subsidies, or advertising. Roger Clarke's study on the operational costs of refereed journal publishing models (“The Cost Profiles of Alternative Approaches to Journal Publishing,” First Monday, 12/3/07) confirmed that the cost of publishing an open access e-journal is inherently less than the cost of publishing a subscription-based e-journal.

Commercial publishers have a hard time realizing the economies because they are locked into expensive practices that offset them, including higher quality branding and marketing, more aggressive customer management, and costly content protection systems. Taking those added costs into account, it takes a commercial publisher about $3400 to produce an article for an e-journal, while a nonprofit publisher could produce the equivalent article for about $730. The study suggests that it is easier for the nonprofit association to flip its business model to OA than it is for the large commercial publisher.

The numbers seem to support these findings. This is the first year any of the large STM publishers have offered a full OA journal—among others, Elsevier launched OncologySTAT and Springer, Neuroethics. By contrast, a large number of nonprofit society publishers already have established OA journals. A study by Peter Suber and Caroline Sutton reported in SPARC's Open Access Newsletter (11/2/07) found that 427 societies publish 496 fully OA peer-reviewed journals. Nineteen societies publish another 74 hybrid OA journals.

The most notable experiment in flipping both commercial and society publications to an OA business model is CERN's SCOAP3 project, in which all of the partners that support publishing in particle physics, including libraries, are being asked to redirect subscription monies into a common fund that will pay publishers for open access to particle physics research. The end goal is to make the literature of the discipline fully open to any researcher. As of mid-March, 50 percent of the needed funds had been pledged by libraries in 13 countries. The number of U.S. library participants was expected to grow quickly following a February meeting at University of California–Berkeley that was attended by some of the premier academic libraries in North America.

Making ends meet

While it may be relatively easy for small nonprofits to flip to OA, the complexity no doubt increases as the societies and the publications become larger and have greater potential to bring in revenue. The American Anthropological Association (AAA) is a case in point. Open access advocates in AAA have pushed for years to make its publications OA. The association's journals have been heavily subsidized by member dues and library subscriptions, however, making the prospect of changing business models unattractive to AAA leadership. Then last fall, without consulting the members, the executive board moved the society's 22 journals from the University of California Press to Wiley-Blackwell. The board hoped the change would bring the publishing program into the black and return a profit to the association. Some members felt AAA was turning its back on OA and despaired that higher prices would follow. Sure enough, in 2008 the cost of two flagship journals, American Anthropologist and American Ethnologist, increased 86 percent and 145 percent, respectively. On the other hand, price increases for the other 19 journals were moderate.

To its credit, AAA is now facilitating ongoing debate about what happens when the contract with Wiley-Blackwell ends in five years. In the February issue of Anthropology News, scholars exchanged views about the role of open access in the work of the association. Should the journal publishing program be seen as a commodity to be sold for a return, or is there a social value to the work of anthropology scholars that becomes more visible with OA? Is OA a priority or a value-add in the broader mission of AAA? This discussion is worth watching—it may be a bellwether for other societies caught in a similar conflict. Publishers may also be watching, as publishing agreements with societies are one of a dwindling number of methods by which publishers can acquire new content to sell.

Trying to quit

The open access movement suggests dramatic changes are coming to the journals marketplace, but if you ask the typical librarian, it still looks pretty much like a serials crisis. A few publishers price outrageously and get great chunks of the library's budget, leaving little money for smaller publishers and new publications. But every now and then, a big subscriber decides it just won't take it anymore, and the library world holds its breath. It happened last October when the Max Planck Society (MPS), a leading European research institute, announced that it was cancelling all 1200 or so of Springer's journals, saying that Springer's prices were more than twice what it considered to be justifiable. The standoff lasted until February, when Springer announced that an agreement had been reached.

Under the two-year contract, MPS regained access to all of Springer's journals, and Springer agreed to waive all author charges for Max Planck researchers who want to publish in one of Springer's Open Choice (hybrid) publications. Springer sees this deal as a way to gain further experience with an OA business model but also expects the agreement to increase submissions from the thousands of prestigious researchers affiliated with MPS. Rumors are that Max Planck was also pleased with the deal. For better or worse, that's the way these standoffs usually turn out.

The next big deal?

The largest publishers negotiate pricing for much of their content, and they are finding the resource-intensive process to be a drain on profitability. Some commercial publishers are talking about getting out of the negotiating business and are considering selling their journals as a single database with fixed pricing. No titles in, no titles out—unless the publisher chooses. Publishers are also monitoring the use of their content and are looking for ways to tie usage to price. It's easy to see the utility of these ideas from a publisher's perspective but difficult to see how they would play in the market given the high value librarians place on selecting their own content and the levels of dissatisfaction with already high prices.

Slow sales, stagnant market

According to Outsell, a market intelligence service, the top ten STM publishers pulled in 53 percent of the revenue in the $16.1 billion periodicals market in 2006. In the same time period, five of the six journal publishers in the top ten—Elsevier, Springer, ACS, Wiley, and Blackwell—showed growth only in the single digits, ranging from 0.5 percent to 7.6 percent. The slow growth reflects a fairly stagnant and saturated market.

Elsevier is the dominant player in the STM world with market share about three times that of its nearest competitor. Unhappy with profit growth (7.2 percent in 2006), Elsevier is making changes. Last year, the company initiated an ambitious plan to cut $2 million in costs for each of the next five years. Then in February 2008, Reed Elsevier CEO Crispin Davis announced the company will sell Reed Business Information, which publishes trade journals like Library Journal and Publishers Weekly, and purchase ChoicePoint, a large personal data company. Davis said these moves are part of a company strategy to get out of traditional advertising-based publishing, with its slowing sales growth, and into online information services with higher margins. You have to wonder to what degree Elsevier intends to extract itself from scholarly publishing and whether other for-profit publishers would follow Elsevier's lead.

What to expect in 2009

The marked changes brought on by the advance of open access has so far had little effect on the price of subscribed journals, the notable exception being some 3300 peer-reviewed journals listed in the Directory of Open Access Journals (DOAJ), all of which are free. Prices of subscription-based journals increased nine to ten percent in 2008, driven by an extremely weak dollar. Non-U.S. titles in the humanities and social sciences increased even more (11 percent), because publishers in these disciplines tend to price in native currencies, driving U.S. prices up when those currencies are converted to dollars. The sciences, on the other hand, are dominated by large European publishers that price in U.S. dollars, reducing the volatility of prices and keeping price increases in foreign scientific journals under nine percent. Given the continuing slide of the dollar, expect increases in 2009 to approach ten percent overall.

Periodicals Price Survey 2008: Embracing Openness - 4/15/2008 - Library Journal

DigitalKoans » Blog Archive » Association of American University Presses Issues Press Release Supporting Digital Copyright Lawsuit against Georgia State

 

Association of American University Presses Issues Press Release Supporting Digital Copyright Lawsuit against Georgia State

The Association of American University Presses has issued a press release supporting the digital copyright lawsuit against Georgia State University (see "Georgia State Sued by Three Publishers for Alleged Digital Copyright Infringement in E-Reserves, Course Management, and Other Systems.")

DigitalKoans » Blog Archive » Association of American University Presses Issues Press Release Supporting Digital Copyright Lawsuit against Georgia State

Publishers Sue Georgia State on Digital Reading Matter - New York Times

 Publishers Sue Georgia State on Digital Reading Matter - New York Times

By KATIE HAFNER

Published: April 16, 2008

Three prominent academic publishers are suing Georgia State University, contending that the school is violating copyright laws by providing course reading material to students in digital format without seeking permission from the publishers or paying licensing fees.

In a complaint filed Tuesday in United States District Court in Atlanta, the publishers — Cambridge University Press, Oxford University Press and Sage Publications — sued four university officials, asserting “systematic, widespread and unauthorized copying and distribution of a vast amount of copyrighted works” by Georgia State, which the university distributes through its Web site.

The lawsuit, which may be the first of its kind, raises questions about digital rights, which are confronting many media companies, but also about core issues like the future of the business model for academic publishers.

Indeed, as the printed word is put in digital form, holding onto rights seems to many like climbing up the slippery sides of a glass. The case centers on so-called course packs, compilations of reading materials from various books and journals. The lawsuit contends that in many cases, professors are providing students with multiple chapters of a given work, in violation of the "fair use" provision of copyright law. The publishers are seeking an order that the defendants secure permissions and pay licensing fees to the copyright owners.

Officials at Georgia State, in Atlanta, declined to comment on the lawsuit. “We have been informed that a lawsuit is being filed,” a spokeswoman, DeAnna Hines, said. “However, we have not received it, and therefore we won’t be able to comment, pending potential litigation.”

Over the years, electronic course packs have become increasingly common, supplanting their physical counterparts. They consist of reading material taken from a variety of printed sources, which is then scanned, compiled and posted on a university’s Web site. By some estimates, electronic course packs now constitute half of all syllabus reading at American colleges and universities.

“Digitally delivered course content is probably more widespread than we’d like to think,” said Patricia S. Schroeder, president of the Association of American Publishers, which supports the lawsuit.

R. Bruce Rich, a partner in the law firm of Weil, Gotshal & Manges, which is representing the plaintiffs, said that in spite of repeated attempts to work with Georgia State, “they indicated that they had no interest in having a discussion.”

Mr. Rich said that in a letter his firm received last summer, Georgia State officials “indicated their view that all of their practices are covered under the fair use doctrine.”

He said that over the last year or so, half a dozen or so other universities had been contacted about copyright violations. Those institutions, he said, showed more willingness to work with the copyright holders and establish stricter university policies around licensing the material.

Legal precedents exist for cases involving course packs from photocopied material, but experts say the lawsuit against Georgia State is the first to be filed over electronic course packs.

In 1991, Basic Books and others won a suit again Kinko’s, which was selling course packs it had photocopied.

And in 1992, Princeton University Press and others sued Michigan Document Services, a photocopying service, which was producing course packs for University of Michigan students without permission from the copyright holders. The business was eventually found to be in copyright infringement.

“Georgia State’s activity seems identical with Michigan Document Services’ activity,” said Susan P. Crawford, a visiting professor at Yale Law School.

But she pointed out that unlike Kinko’s and Michigan Document Services, Georgia State was not making money from the electronic course packs.

Yet, she added: “It’s difficult to argue that this is a truly noncommercial use. Georgia State may be a nonprofit institution, but its students pay a lot of money for course materials, and would presumably pay money for the materials being provided to them by the university.”

Frank Smith, editorial director for academic books at Cambridge University Press, said that for electronic use in a course, Cambridge typically charges 17 cents a page for each student, and generally grants permission for use of as much as 20 percent of a book.

“Publishers have created a market for course materials that is very similar to the market for luxury goods,” Professor Crawford said. “There is only one version available, and at a very high price.”

The dispute recalls problems the music industry had in protecting the format of an album on a CD. “What publishers don’t understand is they could disaggregate,” Professor Crawford said. “They could electronically rip apart their books and sell them chapter by chapter, and everyone would be happier.”

The publishing industry’s reluctance to do so , she said, stemmed from “a fear that they would cannibalize the market for the printed object, and they’re reluctant to let go of that model.”

Other experts wonder if such a lawsuit might be premature, emphasizing that in many ways it is too early to settle on a business model for the distribution of digital materials.

“In academic publishing, we need to find the digital services people really want,” said Brewster Kahle, founder of the Internet Archive, a nonprofit digital library based in San Francisco. “I wonder if this will turn out to be an ‘attack the innovator’ suit like the peer-to-peer suits for the music industry. Sometimes a bit of slack can help us all discover a winning formula."

Publishers Sue Georgia State on Digital Reading Matter - New York Times

Scholarly Communications @ Duke » Trying to sue State U

 Scholarly Communications @ Duke » Trying to sue State U

Two interesting lawsuits came to my attention recently, one decided in February by the federal district court in Los Angeles and the other just filed in the district court in Atlanta. The new case involves a challenge by three publishers to the electronic reserves practices at Georgia State University, so it has direct relevance for many of the readers of this blog. But taken together with the LA case, there is a fascinating question raised about whether it should be possible to sue state institutions for violations of federal law.

The case out of California, Marketing Information Masters v. the Board of Trustees of California State University reaches a rather predictable result in dismissing an allegation of copyright infringement on the grounds that states and state institutions are immune from lawsuits by private individuals and corporations. Congress has tried to change this doctrine in regard to copyright by adopting section 511 of the Copyright Act in 1994, but the courts keep brushing that provision aside. William Patry comments negatively on this trend here, while Georgia Harper partially defends it here. But what is really interesting is that the district court in Marketing Information Masters allowed the suit to go forward after dropping Cal State as a defendant by leaving intact the claim against the specific university employee named in his individual capacity. Pretty frightening stuff for state university faculty.

If we now flip forward to the suit filed yesterday against Georgia State University, we have to wonder if the same sovereign immunity problem will lead to dismissal. The four university officials are named only in their official capacity; no one claims they actually infringed copyright themselves. So how will this case avoid being dismissed? The answer seems to be in one of the few exceptions to sovereign immunity, the doctrine that one can sue state officials in their official capacity if one is seeking only injunctive relief — an order to stop the infringing activity — rather than money damages (the Ex parte Young doctrine). The complaint filed against GSU takes exactly this tack, seeking only an injunction to stop the activity going forward, not damages for alleged infringement in the past. On that basis, we might actually get a decision about the meat of the claim, that electronic reserves are almost always infringing if the universities do not pay for permission.

This claim, if successful, would increase student costs for educational materials dramatically as schools would have to pass on the costs for permissions in addition to the money already spent when they financed the original research, purchased the resultant articles and then, often, purchased them again in digital format. If publishers get their way a fourth payment would be required, and it would come straight out of students’ pockets.

The complaint against Georgia State acknowledges fair use, as it must, but it relegates it to a tiny fraction of situations, none of which can realistically be expected to occur on a modern college campus. In effect, this is an attempt to enforce judicially a “pay-per-use” model of content distribution. The real irony is that it is justified as an attempt to remedy a “free-rider” problem — the claim that universities are appropriating the work of publishers and authors without just compensation. This claim is patently absurd, given the amount of money university libraries invest in published resources, but it is downright offensive when the real issue is clarified. Publishers here are themselves the free-riders, obtaining a huge amount of academic content from the universities and their faculty without compensation. The GSU complaint cites as an irony the fact that one of the professors who is cited as infringing the copyright of Sage Publishing has himself published three articles in Sage journals. The gall of the man! Nowhere is it mentioned that he was required to give up those articles without payment for the privilege of publishing with a company that is now suing his employer to recover even more money for those freely donated articles.

A little bit of attention to the economics of scholarly publishing quickly undermines the claim in this complaint that, without permission fees for electronic reserves, the incentive system of copyright will be undermined. No monetary incentive currently exists for the vast majority of academic publishing, from the point of view of faculty, yet academics keep writing. There is no evidence at all that this well of free content will suddenly go dry if publishers are not able to collect an additional income stream from that well. If this suit goes forward in spite of sovereign immunity, that should be the issue on which the court focuses its attention.

Scholarly Communications @ Duke » Trying to sue State U

Tuesday, April 15, 2008

Stanford Law School's Fair Use Project Defends RDR Books Against Copyright Lawsuit Brought by J.K. Rowling and Warner Bros.

 

Stanford Law School’s Fair Use Project Defends RDR Books Against Copyright Lawsuit Brought by J.K. Rowling and Warner Bros.

Trial Opens in Harry Potter Lexicon Case

STANFORD, Calif.--(BUSINESS WIRE)--A federal court in New York will hear opening arguments today over whether an independent book publisher has the right to publish the Harry Potter Lexicon, an unofficial reference guide to the Harry Potter series of books and movies.

In a trial that is expected to last two to three days, attorneys from the Fair Use Project of Stanford Law School’s Center for Internet and Society, along with co-counsel, will argue that their client, RDR Books, has the right to publish the Lexicon under the fair use doctrine. The doctrine safeguards the use of copyrighted material so long as it is used transformatively and does not damage the market value of the original work.

The suit began on October 31, 2007, when Warner Bros., which owns the film rights to the Harry Potter books, and Harry Potter author J.K Rowling filed a lawsuit in the U.S. District Court for the Southern District of New York to block the Lexicon’s publication.

“J.K. Rowling and Warner Bros. are asserting a startling claim,” said Anthony Falzone, executive director of the Fair Use Project and counsel on the case. “The right to create literary reference guides like the Lexicon has remained nearly unquestioned for hundreds of years. The Lexicon is a valuable resource that helps people better understand and enjoy the Harry Potter books. It’s exactly what copyright law should encourage, not suppress.”

Falzone and Fair Use Project Associate Director Julie Ahrens join RDR’s lead trial counsel David S. Hammer, a former federal prosecutor, and RDR’s long-time counsel Lizbeth Hasse, founding partner of the San Francisco-based Creative Industry Law Group.

“All of the material that’s going to be published in the Lexicon has been available on the Harry Potter Lexicon website for a long time without objection from Ms. Rowling or anyone else,” said Hammer. “To suggest that the Lexicon might affect the market for a companion guide Ms. Rowling plans to publish some day, perhaps years from now, is inconceivable given her stature and reputation.”

“It is important that perspectives of lesser-known authors and small publishers like RDR Books also be published,” said Hasse. “Copyright law recognizes their right to research and comment on popular works.”

RDR Books planned to release the Lexicon in the United States on November 28, 2007. The 400-page book is a print counterpart to the fan-created website, The Harry Potter Lexicon (http://www.hp-lexicon.org), which includes information on the series’ characters, places, animals, magic spells, and potions along with atlases, timelines, and analyses of magical theory. Created in 2000 by librarian Steve Vander Ark and several contributors, the site has an estimated 25 million annual visitors and the content is free of charge. Among the site’s supporters is J.K. Rowling, who bestowed the HPL with a Fan Site Award in 2004 and wrote on her website: “This is such a great site that I have been known to sneak into an Internet café while out writing and check a fact rather than go into a bookshop and buy a copy of Harry Potter (which is embarrassing).”

“The importance of this case goes beyond the world of Harry Potter and its fans. This decision could have a far-reaching impact on the literary landscape, and beyond, to discussions of any fictional work in any medium,” said Lawrence Lessig, founder and director of Stanford Law School’s Center for Internet and Society and the C. Wendell and Edith M. Carlsmith Professor of Law, who is co-counsel on the case. “It’s essential for copyright law to leave room for others to build on creative works. That’s the point of fair use.”

The suit filed on October 31, 2007 claimed that RDR Books and unnamed defendants misappropriated Rowling’s “fictional characters and universe” in violation of the Copyright Act, the Lanham Act, and New York state law. On November 8, 2007, Judge Robert B. Patterson Jr. issued a temporary restraining order, voluntarily entered into by both parties, delaying RDR’s completion and distribution of the book.

The case, Warner Bros. Entertainment Inc. et al v. RDR Books et al, is being heard by Judge Patterson at the Daniel Patrick Moynihan United States Courthouse in New York, N.Y.

More details about the case can be found on Anthony Falzone’s blog (http://cyberlaw.stanford.edu). Case documents are available here (http://news.justia.com/cases/featured/new-york/nysdce/1:2007cv09667/ 315790/). (Due to its length, this URL may need to be copied/pasted into your Internet browser's address field. Remove the extra space if one exists.)

About the Fair Use Project

The Stanford Center for Internet and Society’s Fair Use Project (“the FUP”) was founded in 2006. Its purpose is to provide legal support to a range of projects designed to clarify and extend the boundaries of “fair use” in order to enhance creative freedom. The FUP represents filmmakers, musicians, artists, writers, scholars, and other content creators in a range of disputes that raise important questions concerning fair use and the limits of intellectual property rights. In doing so, it relies on a network of talented lawyers within the Center for Internet and Society, as well as attorneys in law firms and public interest organizations who are dedicated to advancing the mission of the FUP.

About the Center for Internet and Society

Founded by Stanford Law Professor Lawrence Lessig in 2001, the Center for Internet and Society is a public interest technology law and policy program at Stanford Law School that engages students, academics, technologists and policy makers in exploring the interactions between technology, law, and society.

About Lawrence Lessig

Lawrence Lessig, founder and director of the Center for Internet and Society and the C. Wendell and Edith M. Carlsmith Professor of Law at Stanford Law School, is a leading figure in the United States and abroad in intellectual property law. An advocate for the “innovation commons,” a free space where culture, ideas and expression can flourish, Lessig is the founder of Creative Commons (http://creativecommons.org), which lets authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry.

About Stanford Law School

Stanford Law School (http://www.law.stanford.edu) is one of the nation’s leading institutions for legal scholarship and education. Its alumni are among the most influential decision makers in law, politics, business, and high technology. Faculty members argue before the Supreme Court, testify before Congress, and write books and articles for academic audiences, as well as the popular press. Along with offering traditional law school classes, the school has embraced new subjects and new ways of teaching.

About RDR Books

For fifteen years, the Michigan-based RDR Books (http://www.rdrbooks.com/) has been publishing travel literature, Judaica, guidebooks, history, biography, education, sports, guidebooks and children's literature. Named as one of the nation's top 100 independent book publishers by Book Marketing Update, RDR's list includes the I Should Have Stayed Home trouble travel series, Carbon-Free and Nuclear-Free by Arjun Makhijani, Taking Risks by Joseph Pell and Fred Rosenbaum, What's Whole in Whole Language by Ken Goodman, Waterwalk by Steven Faulkner, and The Best of Michael Rosen by the bestselling children's author himself.

About Participating Attorneys

David S. Hammer is a New York-based trial lawyer with extensive experience in all aspects of criminal and civil litigation. He was a federal prosecutor in the Southern Districts of Florida and New York and has served as an advisor to the Office of Policy Planning in the Justice Department’s Antitrust Division. Hammer is a graduate of the University of Chicago Law School, where he was on the law review, and the Columbia University Graduate School of Journalism.

Anthony T. Falzone is Executive Director of Stanford Law School’s Fair Use Project. He is an experienced intellectual property litigator who has represented writers, publishers, filmmakers, musicians and video game makers in a wide array of intellectual property matters, including copyright, trademark, rights of publicity, and patent matters. He is also a lecturer in law at Stanford Law School. Prior to joining Stanford Law School, he was a litigation partner in the San Francisco office of Bingham McCutchen LLP.

Julie A. Ahrens is associate director of Stanford Law School’s Fair Use Project, where she represents writers, filmmakers, musicians, and others who rely on fair use in creating their art, documentaries, scholarship, critiques, or comments. Before joining Stanford, Ahrens was a litigation attorney in the San Francisco office of Kirkland & Ellis LLP.

Lizbeth Hasse is founding partner of the San Francisco-based Creative Industry Law Group. Her practice encompasses advising and negotiation in intellectual property, media, and entertainment matters. Hasse is a graduate of the University of California, Berkeley Law School and the Graduate School of Jurisprudence and Social Policy.

Stanford Law School's Fair Use Project Defends RDR Books Against Copyright Lawsuit Brought by J.K. Rowling and Warner Bros.

BioOne unveiled its new “Model Publication Agreement”

 

Last week BioOne unveiled its new “Model Publication Agreement,” with an announcement that ought to generate more attention than it has. BioOne is “ a collaboration between scientific societies, libraries, academe and the private sector [that] brings to the Web a uniquely valuable aggregation of the full-texts of high-impact bioscience research journals.” The decision to create a model publication agreement grew out of the perceived need to help some of its publishers, especially the scholarly societies, deal with the legal complexities of publishing in the digital age. The model agreement was drafted for BioOne by an attorney for an intellectual property firm in San Francisco, and it represents a superb and realistic balancing of the needs of author’s and academic publishers.

The core of the model agreement is a double license; the author grants to the publisher both a time-limited exclusive right of first publication and a perpetual, non-exclusive license to publish, distribute and sublicense. Subject to these two licenses, copyright is retained by the author. The model agreement contains a number of options or “fill-in-the-blank” points where publishers can customize the license to fit specific conditions. As an attempt to lower the transaction costs associated with publishing, and as an equitable balancing of needs that do not have to be in permanent competition, this is an excellent model to be followed in academic publishing.

It is unfortunate but predictable that one of the most immediate responses from the publishing community was a very revealing demur to the BioOne model agreement project. A university press director posted his objections within two days of the announcement; his position that the agreement is inappropriate even for academic publishers exposes the growing gap between academic publishing and the values of the academy that supports it.

One complaint is that, without an exclusive right in the published works, the publisher will have no standing to sue putative pirates who want to steal academic work. First, we should note that there will still be a rights holder under the model agreement who can enforce the copyright – the author. The problem is that the author’s interests not only do not coincide with the publisher in some cases, they sometimes conflict. The objecting press director notes that the author may actually benefit from wider distribution by a “pirate,” so one wonders why authors should continue to sign away copyrights to organizations who want to wield them as litigation weapons contrary to the authors’ interests. Copyright is supposed to be an author’s right; its genesis as a publisher’s right (associated with their role in censoring unpopular content) is centuries out of date.

And this brings us to the second revealing question about this objection – who are the pirates we are supposed to fear enough to give up copyright entirely to publishers? In fact, the only “pirates” against whom publishers tend to threaten litigation are the authors themselves and their institutions. The “theft” these publishers want to control is faculty authors passing out copies of their work to their own students or to others on campus, to their colleagues at other institutions, and via their websites. No one seriously expects large-scale republication of scholarly content for profit; all that is being defended by these grabs for exclusive copyright transfer is the traditional, and increasingly expensive, subscription model of access. If there is real danger that subscriptions will be canceled because authors retain their own copyrights, and this has never been shown to be the case, all it would illustrate is that this traditional business model has runs its course and no longer serves the interests of those it was created by and for.

The Ithaka report on university publishing asked presses and their parent institutions to reexamine how well publishing is integrated with the interests and values of the academy and the specific university. The BioOne Model Publication Agreement can help advance that integration, and objections to it are a profound illustration of the problem we need to address.

Scholarly Communications @ Duke » A model for academic publishing

Friday, April 11, 2008

RIAA sues the dead | The Register

 

RIAA sues the dead

83 year old deceased woman in copyright violation

By Andrew Orlowski in San Francisco More by this author

Published Saturday 5th February 2005 02:30 GMT


Nail down your security priorities. Ask the experts and your peers at The Register Security Debate, September 24, 2008

Death is no obstacle to feeling the long arm of the Recording Industry Ass. of America.

Lawyers representing several record companies have filed suit against an 83 year-old woman who died in December, claiming that she made more than 700 songs available on the internet.

"I believe that if music companies are going to set examples they need to do it to appropriate people and not dead people," Robin Chianumba told AP. "I am pretty sure she is not going to leave Greenwood Memorial Park to attend the hearing."

Gertrude Walton, who lived in Beckley, West Virginia hated computers, too, her daughter adds. An RIAA spokesperson said that it would try and dismiss the case.

However the RIAA's embarrassment doesn't end there. Chianumba said that she had sent a copy of her mother's death certificate to record company lawyers in response to an initial warning letter, over a week before the suit was filed. In 2003 the RIAA sued a twelve year-old girl for copyright infringement. She'd harbored an MP3 file of her favorite TV show on her hard drive. Her working class parents in a housing project in New York were forced to pay two thousand dollars in a settlement.

You can't be too young to face the consequences of being social, it seems. Only the unborn, it seems, have yet to receive an infringement suit.

But here's another interpretation of this distasteful litigation. Wouldn't the RIAA members be better off if a traditional compensation scheme, such as the one used by radio, was extended to digital music?

Yes, of course they would. And so would we.

Perhaps the cack-handed lawsuits are an indication that even the RIAA doesn't believe it can maintain the charade for much longer.®

RIAA sues the dead | The Register

Wednesday, April 2, 2008

Sony BMG's hypocrisy: company busted for using warez

 

Sony BMG's hypocrisy: company busted for using warez

By David Chartier | Published: March 31, 2008 -

Sony BMG is no stranger to piracy. As one of the most vocal supporters of the RIAA and IFPI antipiracy efforts, the company has some experience hunting down and punishing consumers who don't pay for its products. The company is getting some experience on the other side of the table, however, now that it's being sued for software piracy.

PointDev, a French software company that makes Windows administration tools, received a call from a Sony BMG IT employee for support. After Sony BMG supplied a pirated license code for Ideal Migration, one of PointDev's products, the software maker was able to mandate a seizure of Sony BMG's assets. The subsequent raid revealed that software was illegally installed on four of Sony BMG's servers. The Business Software Alliance, however, believes that up to 47 percent of the software installed on Sony BMG's computers could be pirated.

These are some pretty serious—not to mention ironic—allegations against a company that's gone so far as to install malware on consumers' computers in the name of preventing piracy.


While PointDev is claiming €300,000 (over $475,000) in damages in its suit against Sony BMG, Agustoni Paul-Henry, PointDev's CEO, says (from a Google translation of a French report) that this is more about principle than money: "We are forced to watch every week if key software pirates are not [sic] on the Internet. We are a small company of six employees. Instead of trying to protect us, we could spend this time to develop ourselves."

Paul-Henry thinks Sony BMG's piracy of PointDev's products is the fault of more than just a single employee (again, translated): "I think piracy is linked to the policy of a company. If the employee has the necessary funding to buy the software he needs, he will. If this is not the case, he will find alternative ways, as the work must be done in one way or another."

Certainly, one wonders what led to Sony BMG to steal PointDev's product in the first place. It's a safe bet that the company can afford to pay for the necessary licenses, which leaves sheer laziness as the most likely culprit. In any event, it's absolutely inexcusable for a company that has been at the forefront of the antipiracy fight, going so far as to surreptitiously install rootkits on its customers' PCs.

Further Reading
  • 01net - The French site that reported the lawsuit
  • Found via Zeropaid

Sony BMG's hypocrisy: company busted for using warez

Tuesday, April 1, 2008

ISU Author Publishing in Open Access journal

 

Professor Rodney Fox has recently published an article in International Journal of Chemical Reactor Engineering.

Sudib K. Mishra, Krishna Muralidharan, S. Pannala, Srdjan Simunovic, C. Stuart Daw, Phani Nukala, Rodney Fox, Pierre A. Deymier, and George N. Frantziskonis (2008) "Spatiotemporal Compound Wavelet Matrix Framework for Multiscale/Multiphysics Reactor Simulation: Case
Study of a Heterogeneous Reaction/Diffusion System," International Journal of Chemical Reactor Engineering, Vol. 6: A28.
http://www.bepress.com/ijcre/vol6/A28

The Berkeley Electronic Press is pleased to publish this article and
others of similarly high quality in International Journal of Chemical Reactor Engineering (IJCRE). As subscribers, you, your faculty, students, and staff have unlimited access to this and all other content in IJCRE.

About International Journal of Chemical Reactor Engineering