November 20, 2015

Canada’s dubious gains from the TPP

Filed under: Cancon, Law, USA — Tags: , , — Nicholas @ 02:00

Michael Geist gives an overview of the pretty much complete failure of Canadian negotiators to salvage anything from the Trans-Pacific Partnership agreement:

The official release of the Trans Pacific Partnership (TPP), a global trade agreement between 12 countries including Canada, the United States, and Japan, has sparked a heated public debate over the merits of the deal. Leading the opposition is Research in Motion founder Jim Balsillie, who has described the TPP as one of Canada’s worst-ever policy moves that could cost the country billions of dollars.

My weekly technology law column […] notes that as Canadians assess the 6,000 page agreement, the implications for digital policies such as copyright and privacy should command considerable attention. On those fronts, the agreement appears to be a major failure. Canadian negotiators adopted a defensive strategy by seeking to maintain existing national laws and doing little to extend Canadian policies to other countries. The result is a deal that the U.S. has rightly promoted as “Made in America.” [a video of my recent talk on this issue can be found here].

In fact, even the attempts to preserve Canadian law were unsuccessful. The TPP will require several important changes to domestic copyright rules including an extension in the term of copyright that will keep works out of the public domain for an additional 20 years. New Zealand, which faces a similar requirement, has estimated that the extension alone will cost its economy NZ$55 million per year. The Canadian cost is undoubtedly far higher.

In addition to term extension, Canada is required to add new criminal provisions to its digital lock rules and to provide the U.S. with confidential reports every six months on efforts to stop the entry of counterfeit products into the country.

November 19, 2015

“Changing Canada’s copyright term … means two decades where zero historical work enters the public domain”

Filed under: Cancon, Law, Media — Tags: , , , , , — Nicholas @ 03:00

There may be good parts of the Trans-Pacific Partnership deal, but there are emphatically bad parts, as Jesse Schooff describes in the particular case of the arbitrary extension of copyright in Canada from fifty years to seventy years:

One of the TPP areas of scope which is critical to discuss is the section on copyright. At this point, several notable bloggers* have covered the TPP’s copyright extension provisions in great detail. But what do those provisions mean for you? Let’s bring it down to the ground. For example: folks in my demographic seem to love seeing old-timey photos of their city. Here in Vancouver, exploring our retro-downtown through old photographs of various eras is practically an official pastime.

A quality source of such photo collections is a city’s municipal archives. Traditionally, an archives’ mandate is to store physical objects and documents, which include the physical “analog” photos taken during most of the 20th century. “Great!” someone might say, “the archives can just digitize those photos and put them up on their website, right?”

Let’s ignore the fact that the solution my strawperson proposes has a host of logistical issues attached, not the least of which is the thousands of work-hours required to digitize physical materials. Our focus is copyright — just because the archives has the original, physical photo in their collection doesn’t mean that they own the rights to it.

You have to remember that our newfangled, internet-enabled society is relatively new. When I was a child, if a person wanted to see a historical photo from a city archives, they would actually have to physically GO to said archives and ask an archivist to retrieve the appropriate fonds containing the photo. Journalists and other professionals likely did this regularly, but for the most part, the public at large didn’t usually head down to a municipal building and ask an archivist to search through their collection just to look at a few old photos.

Today, things are much different. If a municipal archives has digitized a significant portion of, say, their collection of 19th and 20th century historical photos, then those photos can be curated online; made accessible to the public at large for everyone to access, learn from, and enjoy!


Some of the photos, we’ll call them “Group A”, were explicitly released into the public domain by the photographer, so those are okay to use. Another bunch, “Group B”, are photos whose photographer died more than fifty years ago (1965 and before); any copyright on these photos is expired. Some “Group C” photos were commissioned by a businesses, or the rights were specifically sold to a corporation, which means that the archives will have to get permission or pay a fee to make them available online. Most frustrating is the big “Group D”, whose authorship/ownership is sadly ambiguous, for various reasons**. It would be risky for the archives to include the Group D photos in their collection, since they might be violating the copyright of the original author.

So already, knowing and managing the tangle of copyright laws is a huge part of curating these event photos. Hang on, because the TPP is here to make it even worse.

It’s been long-known that the United States is very set on a worldwide-standard copyright term of seventy years from the death of the author. Sadly, such a provision made it into the TPP. Worse still, a release by New Zealand’s government indicates that this change could be retroactive, meaning that those photos in my hypothetical “Group B” would be yanked out of the public domain and put back under copyright.

November 12, 2015

Small claims court case with wider copyright implications

Filed under: Cancon, Law, Media, Wine — Tags: , , — Nicholas @ 04:00

Michael Geist discusses a recent small claims court judgement:

… the case involved the president of the Canadian Vintners Association (CVA), who received an email from Blacklock’s Reporter, an Ottawa-based political publication, advising that he was quoted in an article discussing a recent appearance before a House of Commons committee. The man did not subscribe to the publication, which places its content behind a paywall, so he contacted a member of the association who was a subscriber and asked if he could see a copy of the article. When Blacklock’s Reporter learned that he had received a copy from the subscriber, it demanded that he pay for a full subscription or face a copyright infringement lawsuit.

While this does not sound like a copyright case, the Ottawa court ruled that the man had violated Canada’s copyright rules by breaching the publication’s paywall (an act it described as a circumvention of a digital lock) and awarded $11,470 in damages plus an additional $2,000 in punitive damages.

The Canadian digital lock rules were enacted in 2012 under pressure from the United States, which wanted Canada to mirror its safeguards on e-books, DVDs, and other digital content. Those rules typically cover circumvention of popular consumer products, but rarely involve website access. In fact, there are several U.S. cases that have concluded that sharing a valid username and password combination with someone else does not constitute circumvention for the purposes of the law.

Yet in the Blacklock’s Reporter case, the president of the CVA did not even try to access the publication’s site with someone else’s credentials. Indeed, it is difficult to see how asking for a copy of a lawfully obtained article could possibly be considered circumvention of a digital lock. Moreover, there is also a strong argument based on several Supreme Court of Canada decisions that providing the copy qualifies as fair dealing under Canadian copyright law.

As a small claims court ruling, the case has no value as precedent (and could still be appealed). However, it places the spotlight on the restrictive digital lock rules that have already caused a chilling effect within Canadian educational institutions, which often fear that circumvention for legitimate, educational purposes may violate the law.

October 7, 2015

The enigma of the Trans-Pacific Partnership

Filed under: Economics — Tags: , , , , — Nicholas @ 05:00

We don’t know what’s in it, so it could be a multi-national version of “we have to pass it to find out what’s in it”. Megan McArdle manages to raise one cheer for the agreement:

I’ve spent the morning reading about the Trans-Pacific Partnership. I went in prepared to deliver a column full of details, winners and losers, strong opinions about the good provisions and the bad. But what really comes to mind is a dismal thought: “Is this the best we can do?”

Oh, yes, I know the statistics. Forty percent of the world’s economy. Thousands of tariffs falling. I know the opposition points too, about giveaways to business, intellectual property rules, outsourcing jobs. No one is talking about the larger story, though, which is that the biggest trade news in a decade involves a regional deal of relatively limited impact.

It was not always thus. When I was a fledgling journalist, a wee slip of a thing, we economics writers looked to major global trade negotiations to advance the cause of freer markets, and not incidentally, the material progress of mankind. We looked down on regional side-deals because they were such weak tea compared with the robust brew of a global agreement. Regional deals distorted the flow of trade, encouraging people not to exploit comparative advantage and production capabilities, but rather to seek the best combination of tariff rules from among competing regional frameworks. I have heard arguments that such deals, by distorting trade and weakening the pressure to make global deals, were actually worse than doing nothing. Indeed, I may have made such arguments.

You don’t hear those arguments any more, and that’s because we free-traders have largely given up on global trade agreements. The Doha round of World Trade Organization talks collapsed in the face of European agricultural protectionism and intransigence among countries with large numbers of subsistence farmers. Nativism, protectionism, nationalism seem to be rising as a political force in many countries. Global trade volumes are looking anemic. In this climate, regional agreements seem attractive, in much the same way that the remaining bar patrons assume a winsome glow around closing time.

How have things come to such an unpretty pass?

August 6, 2015

Michael Geist on the latest TPP leaks

Filed under: Cancon, Economics, Law, Politics — Tags: , , , , — Nicholas @ 04:00

As you’d expect from a set of negotiations — secret negotiations, at that — what the politicians say about it doesn’t necessarily have much to do with reality:

KEI this morning released the May 2015 draft of the copyright provisions in the Trans Pacific Partnership (copyright, ISP annex, enforcement). The leak appears to be the same version that was covered by the EFF and other media outlets earlier this summer. As such, the concerns remain the same: anti-circumvention rules that extend beyond the WIPO Internet treaties, additional criminal rules, the extension of copyright term, increased border measures, mandatory statutory damages, and expanding ISP liability rules, including the prospect of website blocking for Canada.

Beyond the substantive concerns highlighted below, there are two key takeaways. First, the amount of disagreement within the chapter is striking. As of just a few months ago, there were still many critical unresolved issues with widespread opposition to (predominantly) U.S. proposals. Government ministers may continue to claim that the TPP is nearly done, but the parties still have not resolved longstanding copyright issues.

Second, from a Canadian perspective, the TPP could require a significant overhaul of current Canadian law. If Canada caves on copyright, changes would include extending the term of copyright, implementing new criminal provisions, creating new restrictions on Internet retransmission, and adding the prospect of website blocking for Internet providers. There is also the possibility of further border measures requirements just months after Bill C-8 (the anti-counterfeiting bill) received royal assent.

Given the extensive debate on copyright during the 2012 reforms, the TPP upsets the balance the Canadian government struck, mandating reforms without public consultation or debate. The government has granted itself the power to continue to negotiate the TPP during the election period, but all the major parties should publicly declare where they stand on these issues.

July 13, 2015

Do photographers have any rights left?

Filed under: Bureaucracy, Law, Liberty — Tags: , , , , — Nicholas @ 03:00

I no longer do much in the way of “serious” photography (my digital SLR has been out of service for a couple of years now), but I still occasionally do a bit of cellphone photography when the occasion arises. On the byThom blog, Thom Hogan provides a long (yet not exhaustive) list of things, places, and people who are legally protected from being photographed in various jurisdictions … and it gets worse:

Funny thing is, smartphones are so ubiquitous and so small, many of those bans just aren’t enforceable against them in their natural state (e.g., without selfie stick), especially if they’re used discriminatingly.

I’m all for privacy, but privacy doesn’t exist in public spaces as far as I’m concerned. Indeed, I’d argue that even in private spaces (malls, for example), that if you’re open for and soliciting business to the public, you’re a public space. As for Copyright, placing artwork in open public spaces (e.g. Architecture) probably ought to convey some sort of Fair Use right to the public, though in Europe we’re seeing just the opposite start to happen. FWIW, I no longer visit and thus don’t photograph in two countries because of national laws regarding photography. Be careful what you wish for, Mr. Bureaucracy; laws often have unintended consequences. As in reducing my interest in visiting your country.

About half of this site’s readers actively practice some form of travel photography, either during vacations or while traveling for business. Note how many of the restrictions on photography start to apply against those that are traveling (locally or farther afield). It’s always easy to impose laws on people who don’t vote for you. it’s why rental car and hotel room taxes are so high, after all.

What prompted this article, though, wasn’t any of the latest photography ban talk, though. Here in Pennsylvania we have fairly restrictive regulations on “recording” another person (e.g. conversations, phone calls, meetings, etc.). In some states, it only takes one party to consent for a recording to be legal. Here in Pennsylvania it takes all parties to consent to being recorded.

H/T to Clive for the link.

June 22, 2015

Are software APIs covered by copyright?

Filed under: Business, Law, Technology — Tags: , , — Nicholas @ 03:00

At Techdirt, Mike Masnick looks at a recent Supreme Court case that asks that very question:

The Obama administration made a really dangerous and ignorant argument to the Supreme Court yesterday, which could have an insanely damaging impact on innovation — and it appears to be because Solicitor General Donald Verrilli (yes, the MPAA’s old top lawyer) is absolutely clueless about some rather basic concepts concerning programming. That the government would file such an ignorant brief with the Supreme Court is profoundly embarrassing. It makes such basic technological and legal errors that it may be the epitome of government malfeasance in a legal issue.

We’ve written a few times about the important copyright question at the heart of the Oracle v. Google case (which started as a side show to the rest of the case): are software APIs covered by copyright. What’s kind of amazing is that the way you think about this issue seems to turn on a simple question: do you actually understand how programming and software work or not? If you don’t understand, then you think it’s obvious that APIs are covered by copyright. If you do understand, you recognize that APIs are more or less a recipe — instructions on how to connect — and thus you recognize how incredibly stupid it would be to claim that’s covered by copyright. Just as stupid as claiming that the layout of a program’s pulldown menus can be covered by copyright.

The judge in the district court, William Alsup, actually learned to code Java to help him better understand the issues. And then wrote such a detailed ruling on the issue that it seemed obvious that he was writing it for the judges who’d be handling the appeal, rather than for the parties in the case.

May 28, 2015

The copyright fight over Sherlock Holmes … again

Filed under: Books, Britain, Law — Tags: , — Nicholas @ 05:00

At Techdirt, Mike Masnick explains why the estate of Sir Arthur Conan Doyle is still trying to fight the public domain availability of anything Sherlock Holmes, even though they’ve lost at each stage of the legal proceedings:

And thus, Sherlock Holmes is considered to be mostly in the public domain. One might argue that a US federal court outside of the 7th Circuit might find otherwise, but it appears that the Estate has given up the fight and now will readily admit that the earlier works are in the public domain. That does not mean, however, that it is done suing. Not at all. The Estate has now sued over a book and movie that purport to tell the story of Holmes’ retirement. The author, Mitch Cullin, wrote the book A Slight Trick of the Mind about a decade ago, and that’s now been adapted into a film called Mr. Holmes, being released by Miramax.

First, the Conan Doyle Estate at least seems willing to admit that the earlier works are now fully in the public domain:

    The first fifty of Conan Doyle’s Sherlock Holmes short stories and novels are in the public domain. But the last ten of his original Sherlock Holmes stories, published between 1923 and 1927 (the Ten Stories), remain protected by copyright in the United States. These copyrighted ten stories develop the details of Holmes’s fictional retirement and change and develop the character of Holmes himself.

And that’s where the trouble comes in. The Conan Doyle Estate makes some reasonable claims that Cullin used a few details from the stories that are still under copyright in developing the ideas for his book and the subsequent movie (where he worked on the screenplay). As the complaint notes, the public domain works mention Sherlock Holmes’ retirement just twice, without that much detail. The works still under copyright delve into it much more. The complaint also notes some pretty clear similarities in certain scenes. For example, it points to this passage from the (still under copyright) Holmes story “Blanched Soldier”:

    It is my habit to sit with my back to the window and to place my visitors in the opposite chair, where the light falls full upon them. Mr. James M. Dodd seemed somewhat at a loss how to begin the interview. I did not attempt to help him, for his silence gave me more time for observation. I have found it wise to impress clients with a sense of power, and so I gave him some of my conclusions.

    “From South Africa, sir, I perceive.”

    “Yes, sir,” he answered, with some surprise.

And contrasts it with the following from Cullin’s work:

    As was my usual custom, I sat with my back to the window and invited my visitor into the opposite armchair, where — from his vantage point — I became obscured by the brightness of the outside light, and he — from mine — was illuminated with perfect clarity. Initially, Mr. Keller appeared uncomfortable in my presence, and he seemed at a loss for words. I made no effort to ease his discomfort, but used his awkward silence instead as an opportunity to observe him more closely. I believe that it is always to my advantage to give clients a sense of their own vulnerability, and so, having reached my conclusions regarding his visit, I was quick to instill such a feeling in him.

    “There is a great deal of concern, I see, about your wife.”

    “That is correct, sir,” he replied, visibly taken aback.

Certainly a similar setup, but is it infringing? That’s where things get pretty tricky, and why I still have trouble with the idea of using copyright to cover “a character.” After all, copyright is supposed to only protect the specific expression, rather than the idea. That’s why it’s never made sense to see courts accept the idea that someone writing a different story using the same characters should be seen as infringing. The courts here seem to handle different cases differently, allowing something like The Wind Done Gone (a retelling of Gone With The Wind from another character’s perspective) but not allowing Coming Through the Rye, an unauthorized sequel to Catcher in the Rye. For reasons that are not entirely clear, judges seemed to feel that The Wind Done Gone was more acceptable as a commentary on the original, rather than just a new work building off of the original.

May 9, 2015

Every time you extend copyright terms, you reduce the availability of our musical heritage

Filed under: Business, Cancon, Law — Tags: , , — Nicholas @ 03:00

Michael Geist on the negative aspects of the Canadian government’s surprise extension of copyright terms:

The government yesterday tabled its budget implementation bill (Bill C-59), which includes provisions to extend the term of copyright for sound recordings and performances. The extension adds 20 years to the term (to 70 years). It also caps the term at 100 years after the first fixation of the sound recording or performance. The change is not retroactive, so sound recordings currently in the public domain will stay there. The government’s unexpected decision to extend the term of copyright for sound recordings and performances will not only cost consumers by reducing competition and stop cheaper, legal music alternatives from coming to the market – but it will also reduce access to Canada’s music heritage.

This is the inescapable conclusion based on studies elsewhere, which find that longer copyright terms discourage re-issuing older releases, which often means that the musical heritage is lost. For example, Tim Brooks conducted a detailed study in 2005 on how copyright law affects reissues of historic recordings. He concluded that longer copyright terms significantly reduce public access. First, he examined the data in the United States, which at the time had the longest term of protection:

    our analysis shows that rights-holders have reissued – or as a practical matter allowed legal access to – only a small fraction of the historic recordings they control. Overall, 14 percent of listed pre-1964 recordings were found to be available from rights holders, mostly from the 1940s, 1950s and early 1960s. The figure drops to ten percent or less for most periods prior to World War II, and approaches zero for periods before 1920. This study focused on recordings in which there is demonstrated interest; it is likely that the percent of all recordings that have been reissued is even less.

March 28, 2015

Is Clean Reader a form of censorship?

Filed under: Books, Business, Law, Liberty, Media — Tags: , — Nicholas @ 03:00

Charles Stross and Cory Doctorow are both professional writers, both write science fiction and near-future stories along with contributing to magazines and other publications. They both have strong feelings about a new app called Clean Reader, which “sanitizes” eBooks by bowdlerizing the text on the fly to allow sensitive (or neo-Victorian) readers to avoid getting the vapours by being exposed to foul language. Charlie thinks this violates the writer’s Moral rights:

Mangling an author’s text is a clear violation of the author’s Moral rights, an element of copyright which is very weak in the United States and very strong elsewhere (primarily in civil law jurisdictions). (The moral right is the right of an author to be identified as the creator of a work, and for the work represented as their creation to be unaltered by other hands, so that the relationship between creator and created work is clear.) Mangling an author’s text may be legal or illegal in the USA, depending on whether it occurs before or after sale. After all, I can’t stop you buying one of my books and editing it with a sharpie: it’s a physical object and according to the first sale doctrine, it’s yours to do with as you wish. I may be able to legally stop you modifying an ebook, though: ebooks are not sold but a limited license to download and use them is granted in exchange for money — a fine legal distinction that was borrowed from the software business’s tame sharks — and that limited license may permit or deny such usage.

Clean Reader claim to get around this by (a) being a licensed distributor (they provide the app and sell books for it sourced from PageFoundry, a distributor who back-end onto various publishers), and (b) the censorship is performed on the reader device by the reader app, once the book has been purchased and downloaded. There’s a bunch of case law around whether or not it’s legal to do this to movie rentals or downloads, or legal to skip advertisements in recorded programming on your TiVo—it gets murky fast. But let’s suppose they’re right and what they’re doing (“protect the children! At any cost! From naughty words like ‘breast’ and ‘fuck’!”) is legal.

Speaking as an author who deeply resents the idea of his books being mutilated to fit the prejudices of a curious reader’s blue-nosed and over-protective parents (hint: I write for adults — if you don’t think my books are suitable for your or your child’s tender eyes, don’t buy them), what can I do about this?

On the other hand, Cory also hates it but will “defend to the death your right to censor”:

It’s a truism of free expression that if you only defend speech you agree with, you don’t believe in free expression. That doesn’t mean you have to defend the content of the expression: it means you have to support the right of people to say stupid, awful things. You can and should criticize the stupid, awful things. It’s the distinction between the right to express a stupid idea, and the stupidity of the idea itself.

I think Clean Reader is stupid. I think parents who want to ensure that their kids don’t see profanity have fucked up priorities.

I think readers should be allowed to skip my foreword and author bio. I think they should be able to search out their favorite passages and read them out of order.

I think racist readers should be allowed to make an index of “scenes that racists find disturbing,” so that other racists can avoid them. I think those racists are fools and worse for doing it, and I will condemn them if they do. I just won’t say they’re not allowed to do it. A rule that says this kind of list is prohibited would also prohibit a the same list, compiled by anti-racist activists, under the heading, “Scenes with which to annoy racists.”

Shortly after putting this post together on Friday, I got a link from John Lennard to this article in the Guardian:

The Clean Reader app, launched by a couple in Idaho in the US, has announced that after significant feedback from authors, many of whom did not want their work being sold in connection with the app, it has “taken immediate action to remove all books from our catalogue”.

Clean Reader set out to enable customers to, in its own words, “read books, not profanity”. A filter could be applied to ebooks purchased from its online store, which exchanged words that were judged to be offensive with alternatives.

Profanities such as “fucking” and “fucker” became “freaking” and “idiot”, “hell” became “heck” and “shit” became “crap”, according to an analysis of the app by Jennifer Porter. It was not only swear words that Clean Reader scrubbed out of books: Porter, who ran a series of romance novels through the app, found that body parts were also replaced. “Penis” became “groin”, “vagina” was swapped for “bottom” and “breast” changed to “chest”. Exclamations such as “Jesus Christ” became “geez”, “piss” became “pee”, “bitch” became “witch” and “blowjob” was switched with the euphemistic “pleasure”.

Update: Added the link to Cory Doctorow’s post at Boing Boing.

February 14, 2015

Fan fiction’s greatest breakout hit (so far)

Filed under: Books, Business, Law, Media — Tags: , , — Nicholas @ 03:00

Jonathan Band talks about “fifty shades of fair use” and how E.L. James found wealth and fame after filing off the serial numbers and rebranding her fan fiction:

Fifty Shades of Grey, which is being released this Friday just in time for Valentine’s Day, is sure to be one of the top grossing films of the year. Depending on your point of view, fair use is to blame — or thank — for the existence of the Fifty Shades franchise.

The movie is based on the three erotic Fifty Shades novels, which have dominated (pun intended) book sales for the past three years. Over 100 million copies of the novels have been sold, the first novel of the series has been on the New York Times bestseller list for 140 weeks, and the novels have been translated into 51 languages. And to make sure that no dollar is left behind, Target just began distributing a line of Fifty Shades sex toys to coincide with the film’s release. Similarly, Vermont Teddy Bear is offering a Fifty Shades of Grey Teddy Bear, featuring smoldering eyes, a suit and satin tie, a mask, and mini handcuffs.

The British author of the series, E.L. James (a pseudonym for television executive Erika Mitchell), originally wrote the trilogy as fan fiction of Stephanie Meyer’s popular Twilight series, and posted it in installments on the fan fiction site FanFiction.net under the title Master of the Universe. Some of the readers complained that it was too racy for the site, which tries not to host adult content, so James moved it to a website she created, FiftyShades.com. At some point the popularity of the story must have convinced James of its potential commercial value, so she eliminated the potentially infringing references to Twilight characters and plotlines while retaining her original bondage/discipline, dominance/submission, and sadism/masochism themes. She divided this revised version into three novels that were published as e-books by an Australian virtual publisher.

February 10, 2015

Edmund Curll, “printer, pirate, and pornographer”

Filed under: Books, Britain, History, Law, Media — Tags: , , , — Nicholas @ 03:00

Sherwood Smith and Rachel Manija Brown, guest-posting at Charlie’s Diary, discuss a thoroughly awful man of letters:

Like now, there were ripoff booksellers masquerading among the legitimate ones, though today’s scammers (see Writer Beware) are rarely as colorful as the rascally Edmund Curll — printer, pirate, and pornographer. He stole material with flagrant disregard for copyright. As soon as some prominent person died, he collected gossip — it didn’t matter if it was true — for a biography, and if he didn’t have enough material, he made it up. Prominent people reportedly dreaded dying because of what Curll would do to them. A faint echo of the Curll treatment occurred a couple weeks ago, when Colleen McCullough’s obit started off by noting how fat and unlovely she’d been.

Curll churned out so much X-rated stuff under various guises that the word ‘Curlicism’ became synonymous with porn. Prison, a stint in the stocks, even being blanket-tossed and beaten by the boys at Westminster school not only didn’t stop him from theft and libel, he turned them all into marketing opportunities. Even when he was convicted of libel and forced to publish an apology and a promise to stop printing, his repentant words touted his latest books.

He’s best known for the twenty-year running duel with the poet Alexander Pope, from whom he not only stole, he lampooned under his own name and with sockpuppets. It began when he first pirated Pope, prompting the poet and his publisher to meet Curll at the Swan, where they slipped a mega dose of “physic” (think ExLax) into his drink. He turned that, too, into a marketing event, once he’d recovered from the extremes of ejecta; when Pope published a couple of triumphant pamphlets, claiming Curll was dead, Curl came right back with new material demonstrating that he was very much alive and up to his usual racket.

Their history — and there are other equally crazy-ass stories — remind me of the whoops and hollers of internet feuds and FAILS now, among writers, editors, publishers (some individuals wearing all three hats).

Aside from the Curlls, most booksellers, the publishers of the eighteenth century — like the editors working at traditional publishers now — were hardworking people who made careful decisions about what to publish because they were the ones fronting the costs of printing and of copyright.

The booksellers of Grub Street were all about copyright. For most of the eighteenth century, they met yearly, over sumptuous dinners, to hold a copyright auction that was exclusive to the booksellers. Interlopers were unceremonious chucked out.

January 13, 2015

The mess over the new copyright rules was avoidable

Filed under: Business, Cancon, Law, Media — Tags: , , , , — Nicholas @ 07:47

Michael Geist says that the fiasco with the new Canadian copyright notice scheme was not necessary and that the minister should have paid closer attention:

Last week I posted on how Rightscorp, a U.S.-based anti-piracy company, was using Canada’s new copyright notice-and-notice system to require Internet providers to send threats and misstatements of Canadian law in an effort to extract payments based on unproven infringement allegations. Many Canadians may be frightened into a settlement payment since they will be unaware that some of the legal information in the notice is inaccurate and that Rightscorp and BMG do not know who they are.

The revelations attracted considerable attention (I covered the issue in my weekly technology law column – Toronto Star version, homepage version), with NDP Industry Critic Peggy Nash calling on the government to close the loophole that permits false threats. Nash noted that “Canadians are receiving notices threatening them with fines thirty times higher than the law allows for allegedly downloading copyrighted material. The Conservatives are letting these companies send false legal information to Canadians in order to scare them into paying settlements for movies or music no one has even proved they’ve actually downloaded.”

With the notices escalating as a political issue, Jake Enright, Industry Minister James Moore’s spokesman, said on Friday the government would take action. Enright said that “these notices are misleading and companies cannot use them to demand money from Canadians”, adding that government officials would be contacting ISPs and rights holders to stop the practice.

January 12, 2015

If you’ve used the term “Streisand Effect”, you need to pay royalties now…

Filed under: Humour, Law, Liberty — Tags: , , , , — Nicholas @ 03:00

Techdirt‘s Mike Masnick isn’t asking for a lot, he just wants to ensure that his intellectual property is respected … in a way that ensures that his kids won’t starve in the street:

I have to admit that I had no idea that it had been 10 years since I coined the term “The Streisand Effect” until the SkepticHistory Twitter feed called my attention to it earlier this week. I had thought about saving this for the weekend “this week in history” post, but it seems worth delving into today — especially with folks like the thieves at Gawker Media putting up a whole story about it and stealing all the attention and whatnot.

So, yeah, ten years ago this week, I coined “the Streisand Effect,” which was actually on a story about how the Marco Beach Ocean Resort was all offended by the fact that Urinal.net (a site that, yes, still exists and is still being updated) had posted a photo of a urinal from the resort, and the resort insisted that it was illegal to use its name. As we pointed out, this stupid takedown request would only draw more attention, and then we wrote:

    How long is it going to take before lawyers realize that the simple act of trying to repress something they don’t like online is likely to make it so that something that most people would never, ever see (like a photo of a urinal in some random beach resort) is now seen by many more people? Let’s call it the Streisand Effect.

That last link then went back to a 2003 story about how Barbra Streisand had sued photographer Kenneth Adelman for photographing her house from a helicopter. Adelman had been photographing the entire California coastline, hoping to use it to document coastal erosion, and posted all the photographs online. Streisand got upset that her coastal home was shown, and sued. But, of course, before this, no one knew (or cared) that it was Streisand’s home. The image had been viewed six times (including twice by Streisand’s lawyers), but following the news of the lawsuit, hundreds of thousands of people went to see the photo. It was a story that stuck with me, and seemed to be repeated every few months in some form or another. So when I saw that Urinal.net threat, I just jokingly said we should call such things “The Streisand Effect.”

January 8, 2015

Copyright is to culture what salt is to snails

Filed under: Books, Business, Law, Media — Tags: , , , — Nicholas @ 02:00

Mike Masnick included a fascinating chart in this story:

New books by decade at Amazon

What it shows is that while new books are available for sale, they quickly go out of print and are basically not available — until you get down to 1923, at which point the works are in the public domain. Think of all those works that are no longer available to buy in that major gap in the middle. Heald has since updated that research to show how serious a problem this is — and demonstrating how the arguments against letting these works into the public domain make no sense. He demolishes the arguments made by some that a public domain will be either “under” or “over” exploited (yes, both arguments are made), as neither makes much sense.

It appears that copyright is doing similar damage in Europe. At the latest Chaos Communications Congress in Germany, Julia Reda, the European Parliament member from the Pirate Party gave a talk on the state of copyright law today (you can see the video here and included a similar graphic concerning books available in Europe:

The 20th century black hole

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