Friday, June 12, 2009

French Court Kills Part of Controversial Copyright Law

French Court Kills Part of Controversial Copyright Law 

French Court Kills Part of Controversial Copyright Law

A French court struck down yesterday part of a recently passed anti-piracy law that would have shut off Internet access to those accused of repeated copyright infringement. The Constitutional Council said, in effect, that given the importance of the Internet, a court approval was needed before denying someone web access.

The court’s decision is a blow to copyright holders, who loved the law and saw its strict measures as a model for cracking down on file sharing. The three strikes law, which passed last month, would have created a new government agency called HADOPI (the Haute Autorité pour la Diffusion des Oeuvres et la Protection des droits sur Internet) that would issue notices (at a copyright holder’s behest) to illegal file sharers. Upon receipt of a third notice, the accused would have been disconnected from Internet access for anywhere from two months to a year and blacklisted from signing up with another ISP. The law would also allow ISPs to be ordered to block certain sites, such as The Pirate Bay.

But the Council put the kibosh on that plan. The New York Times writes:

The council said the proposal was contrary to French constitutional principles, like the presumption of innocence and freedom of speech. The latter right “implies today, considering the development of the Internet, and its importance for the participation in democratic life and the expression of ideas and opinions, the online public’s freedom to access these communication services.”

France’s culture minister said that, based on the court’s decision, the law could be taken back to the French Prime Minister for re-tooling.

French Court Kills Part of Controversial Copyright Law

Justice Dept. Seeks Details On Google Deal - washingtonpost.com

Justice Dept. Seeks Details On Google Deal - washingtonpost.com 

Justice Dept. Seeks Details On Google Deal

By Brian Womack and James Rowley

Bloomberg News
Thursday, June 11, 2009

The Justice Department has asked Google and publishers for information about the settlement of a book-scanning dispute, signaling that a federal probe is underway.

Google has received a formal inquiry from the Justice Department, said Adam Kovacevich, a company spokesman. The Authors Guild received a civil investigative demand last week, said Paul Aiken, executive director of the New York-based group, which was part of the settlement.

Google, which is creating an online book database by scanning millions of titles, reached a $125 million deal with publishers last year to settle copyright issues. The agreement could make Google the main online source for millions of out-of-print books, raising antitrust concerns.

Hachette Book Group, a publishing company in New York, also received a formal request for information from the Justice Department, said spokeswoman Sophie Cottrell. Gina Talamona, a spokeswoman for DOJ, declined to comment.

The settlement was designed to end years of hostility between Google and publishers.

Google, which began scanning books in 2004, uses volumes from Harvard University, the New York Public Library and other sources. The project lets users search books, bringing up pages or excerpts that contain sought-for terms.

The company was sued in 2005 by the Authors Guild, Pearson's Penguin unit, McGraw-Hill, John Wiley & Sons and Simon & Schuster. They claimed the digitizing process infringed their copyrights.

Justice Dept. Seeks Details On Google Deal - washingtonpost.com

Can Scraping Non-Infringing Content Become Copyright Infringement... Because Of How Scrapers Work? | Techdirt

Can Scraping Non-Infringing Content Become Copyright Infringement... Because Of How Scrapers Work? | Techdirt 

Can Scraping Non-Infringing Content Become Copyright Infringement... Because Of How Scrapers Work?

Earlier this year, we couldn't figure out how Facebook's lawsuit against Power.com made any sense. Power.com tried to aggregate various social networking accounts in a single place, so you could manage them all at once through a single interface. Yet Facebook charged the company with all sorts of complaints, including copyright and trademark infringement, unlawful competition and violation of the computer fraud and abuse act. Power.com asked for the case to be dismissed, but last month the judge sided with Facebook, but did so in a troubling way, by basically suggesting that since Facebook's terms of service prohibited these uses, it made it copyright infringement. Michael Scott points us to lawyer Jeff Neuberger's take on the ruling, and separately Tom O'Toole has a good analysis of the ruling. Neuberger states the following:
Judge Fogel concluded that the allegations of the complaint made out a sufficient claim of copyright infringement because Power Ventures "need only access and copy one page to commit copyright infringement." The court also found that the ToU prohibited downloading, scraping or distributing content from the Facebook Web site content except that belonging to the user, and that in any event, using automated methods, i.e., "data mining, robots, scraping, or similar data gathering or extraction methods" to access any content were also prohibited by the ToU. Thus, the court found that the allegation that Power Ventures accessed Facebook via automated means constituted made out a claim of direct copyright infringement, while the allegation that Facebook users utilized the Power.com interface to access their own profile pages made out claim of secondary copyright infringement.
Thus, because the terms of service said you can't do any automated scraping of the site, it's suddenly infringing? Even worse, the court found that even though the data being used by Power.com isn't owned by Facebook (it's the users') the scraping was still copyright infringement, because in order to scrape the non-infringing content, Power.com had to first "scrape" the whole page. O'Toole explains:
OK, so far the court has found that Power.com made unauthorized copies of the Facebook Web site. What about the fact that Facebook does not own the copyright in its users' profile data? Facebook surmounted this hurdle by arguing that the content of the Facebook page that surrounded the user's data is copyrightable and is owned by Facebook. According to Facebook, the Power.com scraper operated in a manner that required it to copy the entire Web page in order to extract the user's profile data....
Note that the court is conditioning its ruling on the assertion that the Power Ventures scraper necessarily copied the entire Web page before it processed the page and extracted the profile data. That comports with my (limited) understanding of how a Web scraper works. But is it true? If it were true, couldn't an argument be made that this is a fair use of the page? I'll leave that for better lawyers.
All of this seems a bit troubling, as it would effectively rule out scraping even non-infringing content, just because the scraper had to first read through copyrighted content to get to the non-infringing stuff. But, that seems to go against the entire purpose of copyright law. The fact that the scraper reads copyrighted content shouldn't mean that it's infringement. It's not doing anything with that content other than using it to find the content it can make use of. Anyway, this ruling probably doesn't mean all that much, since it was just to reject the dismissal request, but it does seem odd that the judge gave so much weight to Facebook's terms of service, and seems to indicate the mere act of scraping can be copyright infringement.

Can Scraping Non-Infringing Content Become Copyright Infringement... Because Of How Scrapers Work? | Techdirt

Stolen Picture at Extraordinary Mommy

Stolen Picture at Extraordinary Mommy 

Stolen Picture

May 28th, 2009

So, this is the price we pay for indulging in social media, I guess.

I am thrilled to have reconnected with so many friends on Facebook.  One of them sent me this message yesterday:

Alright, so how’s this for random: I’m in the car, taking my wife for a check up, pass by a new grocery store and notice that they have a picture of you, your husband and two kids on the store front window. Life size. I kid you not. Will take a photo of it later today and send….

What you don’t know from this message: this college friend lives in the CZECH REPUBLIC.

Clearly, my family did NOT take a picture for any advertisements - either here or abroad. And, clearly, whoever hijacked the picture assumed no one would recognize us so far away. Hmmmm…wrong. :)

I’ll admit, there is an element of flattery (I think) to the whole thing.  But still, there is something creepy about knowing our family picture was stolen from one of my sites. This picture has been on my blog, used as a Christmas card and put on a few Ning Networking sites. It is also on my Facebook page (which is one of the reasons Justin recognized us) but my FB page is open only to friends.

Perplexing.

 

 

 

According to my friend, Justin, the translation reads:  “We will prepare and deliver your requests in two business days.” 

Thanks, Justin for letting me know!

Interesting.  Bizarre. Flattering, I suppose.  But quite creepy.

This picture was taken by a friend of mine, Gina Kelly.  She does give me the rights to the pictures she has taken - and has authorized me to use them on my site, etc.

Your thoughts?

Updated, Saturday, June 6th.  Based on the comments I’m seeing, I feel compelled to clarify a few things. 1) I am the author of this site - Danielle.  Not my husband.  Quite a few comments have been directed to him. 2) I take FULL responsibillity for posting this picture with the incorrect resolution (read: too high).  Clearly, I am not a professional photographer and should have made the resolution smaller and/or watermarked the picture. 3) I used the incorrect term in one of my comments - the photographer did sign a release for me to use the pictures, and certainly, this does not mean I ‘own’ them. 4) While the photographer certainly may sell some of her pictures as stock, she ALWAYS has the subjects sign a model release.  I didn’t sign one for this picture, but would have if she had asked. 5) I posted this story because I think it is INTERESTING - what are the chances a friend who see this ad thousands of miles away? AND because I was SURPRISED it happend. Like many of you commenting, I wasn’t aware pictures could be taken.  If this makes me naive, so be it.  Now I know. And, for the record, I will not stop using pictures of my family on my site - I will however, change the format. 6) I am grateful to the greatest percentage of people who have commented with very interesting thoughts.  However, if you are part of the smaller percentage who are commenting only to say that a member of my family (or all of us) are ugly, I won’t be approving the comment.  I won’t allow it on my site.  I imagine you understand.  Thanks for stopping by!

Filed under Are you kidding me?, I'm just sayin' |

Stolen Picture at Extraordinary Mommy

Open Repositories 2009 trip report « ptsefton

 Open Repositories 2009 trip report « ptsefton

Open Repositories 2009 trip report

 

Here’s my summary of my experience of OR09 it Atlanta Georgia USA. Tim McCallum and I came over from USQ and arrived on Friday night after 30 plus hours of traveling, for a Monday start. Tim discovered that if you lose the posters due to severe fatigue then getting them printed out on the Georgia Tech library’s plotter is easy and cheap.

There were only a few Australians this time. I was surprised that there was nobody to represent/promote Fez or Mudadora, two antipodean repository solutions based on Fedora Commons but I did meet a Muradora user, Juan Rodriguez from the Memorial Sloan Kettering Cancer Center who knows the Muradora team – sounds like it’s alive and well.

I’ll go through some general impressions of the conference then summarize my direct contribution; moderating a session, giving a couple of papers, presenting a poster, serving as a judge on the Developer Challenge and attending workshops and meetings with Microsoft Research. This is, of course, a personal view. As with any conference I missed stuff while I was working on presentations, plotting, having a jetlag-management nap, looking out the window, or judging the competition etc.

Overall impressions

Lots of people I have talked to have remarked on the movement towards modularity, where repositories are not monolithic systems but sets of services. I can’t remember who it was who reminded me of Clifford Lynch’s 2003 definition of a repository as a ’set of services’:

In my view, a university-based institutional repository is a set of services that a university offers to the members of its community for the management and dissemination of digital materials created by the institution and its community members. It is most essentially an organizational commitment to the stewardship of these digital materials, including long-term preservation where appropriate, as well as organization and access or distribution. While operational responsibility for these services may reasonably be situated in different organizational units at different universities, an effective institutional repository of necessity represents a collaboration among librarians, information technologists, archives and records mangers, faculty, and university administrators and policymakers. At any given point in time, an institutional repository will be supported by a set of information technologies, but a key part of the services that comprise an institutional repository is the management of technological changes, and the migration of digital content from one set of technologies to the next as part of the organizational commitment to providing repository services. An institutional repository is not simply a fixed set of software and hardware.

http://www.arl.org/resources/pubs/br/br226/br226ir.shtml

I agree. It’s not a computer program, it’s a lifestyle; what Lynch is calling organizational commitment.

I think the title of a presentation from John Kunze, Stephen Abrams and Patricia Cruse of the California Digital Library (CDL), Permanent Objects, Disposable Systems summed this up really nicely. I liked the stuff from the CDL and Library of Congress looking at simple ways to describe and move data; the ‘non-repository’ movement. We’ll be looking into BagIt, Pairtree, Dflat, etc, particularly for our work on The Fascinator Desktop where we need tested, safe, documented ways to organize data in way that is as lightweight as possible.

I had a little moment in the spotlight when keynote speaker John Willbanks referenced my ‘Scholarly HTML‘ idea. This was reported in Twitter thus:

akosavic Wilbanks at #or09: rename “semantic web” as “scholarly HTML”

So there you have it, meet the saviour of the semantic web. Move over Sir Tim.

Actually I wouldn’t go that far – what I am trying to get at with this Scholarly HTML is that the research article – our unit of academic currency should be a web page, not a bit of pretend paper, a PDF. Journals need to be reinvented. Articles should be web pages (yes we need ways to time-stamp and version them). Peer review and editing are both important, but I can think of better ways to get those done than we typically use now. Then there’s the idea of embedding machine readable semantics in the form of statements of fact, links to data etc, not to mention machine readable metadata. More on this soon here on the blog – I think I’ll write a series of papers on this, with appropriate collaborators, in the open then we’ll see if we can get them to count as scholarly literature via peer review. A couple of people told me they’re watching the Scholarly HTML posts so I think I’m onto something with this one.

Repository sustainability

I was asked by email before the conference to moderate a session, Strategies for Innovation and Sustainability: Insights from Leaders of Open Source Repository Organizations. Chairing sessions is my least favourite part of conferences, but I said yes. What they didn’t explain was that this was not just paper session, it was a panel session, where the moderator had to do more than just introduce the speakers. On stage with me were the leaders of the three major repository platforms. Michele Kimpton of the DSpace Foundation, Sandy Payette from Fedora Commons, Les Carr of ePrints fame from the University of Southampton and Lee Dirks of Microsoft Research.

The big news this conference was the recent merger between the DSpace and Fedora Commons organizations to form DuraSpace. That meant that I got to introduce Lee from Microsoft as the new player in the open source world battling a creeping DuraSpace monopoly (Microsoft’s new repository Zentity is likely to be released as OSS). Before I left for the US my partner advised me not to call Microsoft the ‘underdog’ – so I didn’t.

The three organizations on the panel each had ten minutes or so to talk about how they are set up to sustain their open source software. I don’t think there was much definite there. The DuraSpace crew are still working out a sustainability model, while ePrints remains driven very much by Southampton, but with some cash coming in from selling services. The Zentity repository is too young too need a sustainability model – it needs an adoptability model.

My question to the panel was basically to ask them to play devil’s advocate and ask them ‘what’s the worst thing that could happen’.

In the case of the new MS Repository, Zentity Lee was upfront – if there’s no uptake then the product will not be supported. That’s basically the same as with any repository, but this one will be a bit different if it takes off, as it’s what Sandy called ‘open at the edges’ in that it runs only on the Microsoft software stack – what this might mean long term I don’t know, but if your organization decides to move platforms then the repository won’t be going with you.

The answer from the other two organizations as to what could go horribly wrong, was ‘not too much’ – at least that was my reading of the answer. My summary is that with ePrints, Dspace and Fedora commons there are enough users that if the central organizations crumbled or gave up then someone would invent a new one.

But I reckon the best thing that repository managers can do is get familiar with the ways you can import and export data while intoning to themselves Permanent Objects, Disposable Systems.

Papers and posters

At OR07 the reviewers didn’t think that my proposed presentation about dragging repositories onto Web 2.0 was worth scheduling but we kept working on dragging repositories from Web 0.5 collections of PDF into the twentieth century (stay tuned for the twenty-first). This time, I was able to put all the stuff I did for the conference straight into ePrints. Each item was authored in ICE, in OpenOffice.org, (although I could have used Microsoft Word) with an embedded slide-show. Even my poster had an embedded sideshow, a straight HTML view and PDF.

First up Jim Downing from Cambridge and I showed off the work we did with our teams on the ICE-TheOREM project. Not only were we able to show a thesis going onto the web in HTML as well as the dreaded PDF, it had granular chapter-level embargo, and we were fully buzzword compliant, with ORE and SWORD built in. And for the first time we made our work available as a ready-to run virtual machine, a few copies of which I handed out. We’ll definitely do more of that, and keep updating our machine with all the software we work with – at the moment it runs ICE, ePrints and The Fascinator, but I’d love to see DSpace and OJS and Moodle on there as well all integrated.

I gave a presentation on The Fascinator in the Fedora user group stream (great rooms with power at every seat) which was gratifyingly well attended.

And there was the poster, which I supplemented with a metaphor – a collection of 40mm & 50mm PVC waste pipe and various connectors. David Flanders used it to build a data grid which included a pipe going straight to repository hell a place he has apparently spent a fair bit of time drinking microbrew with too much malt. The idea was to drive the point that we want to make research data plumbing as easy as PCV pipe network engineering. Here I am spruiking the poster with a fistful of PVC.

At time of writing there are a couple of minor usability issues with the HTML-in-ePrints approach which I’m sure will be fixed soon.

Open Repositories 2009 trip report « ptsefton

U Texas System Expands Copyright Clearance License -- Campus Technology

 U Texas System Expands Copyright Clearance License -- Campus Technology

U Texas System Expands Copyright Clearance License
  • By Dian Schaffhauser
  • 06/11/09

The University of Texas (UT) System has expanded its adoption of Copyright Clearance Center's annual copyright license from its Austin campus, which it announced in September 2008, to the entire UT System. The nine academic campuses and six health institutions that the UT System comprises make it one of the largest higher education systems in the United States.

The annual copyright license makes it easy for faculty and staff to license published materials for use in coursepacks, e-reserves, course management systems, and research collaboration. For a single annual fee, the license provides librarians, faculty, copy shop staff, and others with pre-approved permission to use and share content from millions of books, scholarly journals, newspapers, magazine, and e-books.

"An annual comprehensive license from the Copyright Clearance Center will allow all 15 campuses of the UT System to improve operational efficiency in this area and will position the UT System at the forefront of copyright use and compliance management," said Barry Burgdorf, vice chancellor and general counsel of the UT System. "We are pleased to deliver the campuses of one of the largest public university systems in the nation into this cost efficient arrangement, which will benefit our faculty, students and staff by providing easy, compliant access to a large and expanding library of academic works,"

"At UT Austin, we strive to make course materials available to students and faculty with minimal difficulties, and CCC's annual copyright license helps us do just that," added Georgia Harper, scholarly communications advisor with the UT at Austin Libraries. "With the annual copyright license, faculty and staff can focus on the business of teaching, while demonstrating the importance of respecting the intellectual and creative property of others."

The list of institutions that have adopted CCC's annual license includes the University of Massachusetts Medical School in Worcester, Middlebury College in Vermont, and Marquette University Law School in Milwaukee, WI.

U Texas System Expands Copyright Clearance License -- Campus Technology

Tuesday, June 9, 2009

Law Librarian Blog

Law Librarian Blog 

Open Access Marches On

Signatories to Open Access Statement

The statement is signed by the directors of the University Press of Florida, University of Akron Press, University Press of New England, Athabasca University Press, Wayne State University Press, University of Calgary Press, University of Michigan Press, Rockefeller University Press, Penn State University Press, and University of Massachusetts Press.

Mike Rossner of Rockefeller University Press said that the press directors issued the statement as they wanted "to align ourselves with the stances taken by many universities -- by faculties and administrators -- on scholarly communication." Quoted in Inside Higher Ed.

Open Access News blog reported on June 4th that ten university press directors signed a position statement in support of free access to scientific, technical, and medical journal articles no later than twelve months after publication. The statement is further discussed on the Chronicle of Higher Education news blog. This announcement should remind you of the November 7, 2008 Durham Statement on Open Access to Legal Scholarship that was signed by many law library directors and called for elimination of printed law journals and adoption of a stable, open access model for law journals.

The Press Directors’ position statement is somewhat contrary to the position of the American Association of University Presses, their 112-member national organization. Executive Director Charles Lowery’s nine page PDF explains the AAUP position which is argued with the assumption that the reason academic law libraries support open access is to help meet shrinking budget lines. I do not think this is the only reason why academic library directors support open access, but the essay is worth reading to review different approaches to journal deselection choices such as combining a cost-per-page with a cost-per-use strategy.

AAUP filed a letter of support for the Fair Copyright in Research Works bill (H.R. 6845) which was reintroduced into Congress this past September (and seems to have died in the Judiciary Committee) prohibiting federal agencies from requiring fund recipients to give up their copyright in order to receive federal monies.

The American Association of Publishers also supports bills like H.R. 6845. At the site of their affiliate, Professional Scholarly Publishing, you can find key talking points surrounding the Fair Copyright in Research Works bill, and reposted statements from other organizations concerning retention of copyright in funded scientific works. The AAP also lobbied President Obama on the same. You can find their letter to him and Vice President Biden at this site.

At least one of the signatories to the position statement, Rockefeller University Press Director Mike Rossner, already makes Rockefeller journals available six months after publication. He has not found this practice of delayed free posting contrary to their business model. This position diffuses much of the discussion levied against open access. Hopefully, we will see more concrete support of an open access model that will result in more collections such as the Directory of Open Access Journals and BioMed Central, or direct access to journals via their own web sites.

To inform yourselves more fully on the benefits of open access, I highly recommend the

SPARC pages on this issue. (VS)

Law Librarian Blog