
Cory at the EFF Pioneer Awards ceremony
(via xkcd blag)
So, in essence, Purdue simply doesn't care whether the right students are hit with legal notices. As long as they take care of business on their end it just isn't their problem anymore.The university doesn't seem extremely thrilled by the new task, as Jeanne Norbert, Purdue spokesperson says, "It's time-consuming on our part because the addresses used by a computer frequently change, but we will make a good faith effort to deliver the notices to the correct person."
But what I don't get is how that ties into this part of the email sent out:
"While the university will do its best to deliver these notices to the proper individuals, it is not responsible for the accuracy of the identification or address to which such notices are sent."
"We're spending taxpayer dollars tracking down RIAA problems. Are we an agent of the RIAA? Why aren't they paying us for this?"In their reply, the RIAA said,
"It is neither practical nor appropriate for us to entertain a reimbursement request."In an interesting twist of events, the RIAA sent letters to 37 students based on ip addresses, however, the university can only find nine of those students because of the way they assign ip addresses and retain the ip data.
Finally, the EFF claims that a YouTube lawyer verbally confirmed that the complaint came from Viacom. To the EFF, the entire episode highlights a serious problem: "with Viacom sending more than 160,000 DMCA takedown notices, it may not even be aware which videos it told YouTube to remove. If that's right, then Viacom will inevitably end up censoring some perfectly legitimate videos—surely, the MoveOn/Brave New Films video is not the only example of a fair use that got caught in Viacom's driftnet."
When Galactic Civilizations II was released with no copy protection whatsoever, some people said that we must not care about piracy. Of course we do. We worked hard on the game and hope/expect people who want it to pay for it. But there are too many times when copy protection and DRM end up hurting legitimate customers.The company believes that, by developing software that has a high level of quality, consumers will be drawn to pay for it. Of course piracy will still occur, but by creating something that people actually want to buy, sales won't be drastically reduced by it and consumers won't have to deal with the headaches that are often a result of DRM implementations.
Stardock and TotalGaming.net don't use DRM. Our delivery program, Stardock Central, uses SSD (Secure Software Delivery) which in essence functions as a way to verify that the user downloading it is who they are (basic activation) but after that, you're done. There's no DRM, digital license, net connection, etc. needed. And even if you lose your serial #, CD, etc. no problem, the automated system will resend you everything you need in email.Stardock has touched on something I believe to be very important to the well-being of the software and media industries: consumer trust. Stardock's sales have not been negatively affected by their decision not to include DRM in their games or game distributions. They had no reason to believe that DRM will help their bottom line at all, and they acted on it.
So I called Rhino customer support and after an 8 minute wait spoke with a representative. She informed me that the files were indeed copy protected so that I could only play them on specific music players, most notably not iTunes.The story goes on to chronicle his decision to download the songs so he can listen to them in iTunes. Just an interesting account of one person's experience with DRM that was so bad, he had to pirate the music. He tried to buy the music several times and he was never able to get what he wanted for his money. He ends with only the most fitting resignation:
"You don't understand," I said, "These files were not copied or pirated, I actually purchased them."
"Well" she responded, "You didn't actually purchase the files, you really purchased a license to listen to the music, and the license is very specific about how they can be played or listened to."
Now I was baffled. "Records never came with any such restrictions," I said.
She replied, "Well they were supposed to, but we weren't able to enforce those licenses back then, and now we can."
Since I've resigned myself not to waste any more time with the music business, I suppose I'll have to resort to purchasing used CD's & records, or having my friends occasionally make me a copy of one of their newer CD's.It's sad when a dying business is so stubborn that it refuses to work with its customers to help them give the business money.
Call it piracy. Call it whatever you want. But at least I tried. I gave you several chances and you failed miserably at every level.
Link(via Deep Links)Working on Tor is rewarding because:
* You can work your own hours in your own locations. As long as you get the job done, we don't care about the process.
* We only write free (open source) software. The tools you make won't be locked down or rot on a shelf.
* You will work with a world-class team of anonymity experts and developers on what is already the largest and most active strong anonymity network ever.
* The work you do could contribute to academic publications -- Tor development raises many open questions and interesting problems in the field of [WWW] Privacy Enhancing Technologies.
“We probably should have stopped YouTube,” Michael Barrett, chief revenue officer for Fox Interactive Media, a part of the News Corporation, said in an interview in late February. “YouTube wouldn’t exist if it wasn’t for MySpace. We’ve created companies on our back.”
Due to "greater level of administrator resources than many of our customers have available to them" or general distain and hatred for the "electronic license management solution".
Consistent with current network management procedures and our understanding of federal law, UW-Madison does not plan to forward these letters directly to campus network users. We will, of course, comply with a valid subpoena.The University continues with the following notice
However, if the UW-Madison is given cause to believe that a student, faculty or staff network user may have infringed on copyrights, it will take action. University network policies empower the CIO to terminate that person's network access until the matter is resolved. The Dean of Students office (for students) or supervisors (for employees) will be notified and other disciplinary action may be taken, as appropriate.The Consumerist
"A new name to better reflect the wide range of intellectual property services that we offer" -- Ron Marchant
Musicload said in a letter distributed last week that customers are having consistent problems with DRM, so much so that 3 out of 4 customer service calls are ultimately the result of the frustrations that come with DRM. In a business where the major music labels expect to be paid well for their source material, the costs of supporting DRM are borne entirely by the music retailers. If the labels' love affair with DRM is hurting the companies trying to make a go at selling music online, something is horribly wrong.Ars
According to Burnett, 73, she was approached by Fox in mid-2005 for permission to use the theme song from "The Carol Burnett Show" in a "Family Guy" episode. She declined the request.
Burnett claims that after she refused to license her music, Fox caused a "Family Guy" episode to "be rewritten to disparage Ms. Burnett using Ms. Burnett's signature ear tug."
1. any action that compromises the validity or accuracy of federally funded research or analysis;These two items would give scientists protection from tampering such as what was done in 2005 to global warming research.
2. the dissemination of false or misleading scientific, medical, or technical information;
3. any action that restricts or prevents an employee or any person performing federally funded research or analysis from publishing in peer-reviewed journals or other scientific publications or making oral presentations at professional society meetings or other meetings of their peers; andThese last two items would give scientists the rights to submit their research for peer-review and protect them from religious discrimination (important, but I think largely a non-issue in the scientific community).
4. any action that discriminates for or against any employee or applicant for employment on the basis of religion
"YouTube is great for users and offers real opportunities to rights holders: the opportunity to interact with users; to promote their content to a young and growing audience; and to tap into the online advertising market. We will certainly not let this suit become a distraction to the continuing growth and strong performance of YouTube and its ability to attract more users, more traffic and build a stronger community.”Further, they state that the reason for youtube has so much "protected" content on it is due to a failing on Viacom's part, not Google's. From The Economist's article:
Google's response is a subtly effective dig at Viacom's own failings. Why are Viacom's clips so popular on YouTube? Because Viacom does not make them easily available on its own sites and thus, says Google, is missing a chance to connect with users, promote its content and generate advertising revenue. Because Viacom is a dinosaur, in other words.I think The Economist put it best: War is declared. Google believes that the DMCA provides a sufficient safe harbor for Youtube, and will not simply settle. Further, Viacom's problems with Youtube are due to Viacom's own failure to embrace the changing way that media circulates on the internet.
In the lawsuit, filed in U.S. District Court in New York, Viacom says YouTube "harnessed technology to willfully infringe copyrights on a huge scale" and had "brazen disregard" of intellectual property laws.
"Finding a way of peaceful coexistence is quite a struggle," [intellectual property attorney Bruce] Sunstein said. "Google's motto is 'Don't be Evil,' and you could argue that with YouTube that motto is wearing a little thin."
In a mild act of civil disobedience, USC Free Culture posted flyers outside of the “Free Speech Zone” that stated simply “This is Not a Free Speech Zone.” Our focus was to explore free speech on campus within the given rules (found here) while simultaneously arguing that USC’s controlled definitions of free speech run counter to “the development of human beings and society as a whole through the cultivation and enrichment of the human mind and spirit.”
The university soon sent us an e-mail, fining USC Free Culture for violating university policy on unapproved flyer posting and charging us an undisclosed amount for the removal of the sidewalk chalk. USC Free Culture’s scheduling privileges, which are necessary for most on-campus group activities, have been suspended until the fines are paid.
A senior staffer at KCRW tells LA Observed, "Everyone is stunned by the decision. The determination to charge per song/per listener would effectively shut us down, as well as most other music sites. We estimate it could cost us anywhere from $1 to $5 million to keep going."However, it is not just public radio stations that will feel the pinch. How many other radio stations have an extra $1 to $5 million dollars in their budget that they can instantly reallocate so that they can pay the RIAA even more?
"Google received "unfettered access" to the libraries, it then "basically turned its back on its partners" by making copies of copyrighted books without first obtaining copyright holders' permission. The approach, Mr. Rubin argues, "systematically violates copyright and deprives authors and publishers of an important avenue for monetizing their works."
"We do this by complying with international copyright laws, and the result has been more exposure and in many cases more revenue for authors, publishers and producers of content," said David C. Drummond, Google's chief legal officer.
The 11 music companies said in their complaint that Yahoo China provided lyrics, mobile phone ring tones based on the songs and enticed users to download or listen to them online.According to Xinhua news agency, The Beijing No. 2 Intermediate People's Court has accepted the lawsuit. While physical piracy remains rampant in China, there has been a number of lawsuits in recent months regarding the Internet (i.e Baidu) - it will be interesting to see how the court rules.
Microsoft had asked the judge last week for a summary judgment in the patent-infringement case that was to go to trial this month, and the judge granted that yesterday.
It was believed to be the largest patent-infringement damage award in history in the case that the former Lucent Technologies first filed against Microsoft and partners Dell Inc. and Gateway Inc. in 2003. Many believe the decision could put other companies that use MP3 technology at risk for patent-infringement claims from Alcatel-Lucent.
What do you do when the FBI raids your home and finds porn all over your PC? One man, who had his home computer seized by the bureau, has decided that his best course of action is to sue the companies that failed to keep that data private for him.
[Paradox] has provided tools and information on how to trick a Vista installation (x86) into acting as if it is installed on an OEM machine, which requires no product activation. Manufacturers such as Dell distribute pre-installed Vista installations on new computers.Instructions have subsequently spread and are now easily available online. Most users are reporting that the crack works just fine.
These companies embed certain license information into their hardware products, which can be validated by a Windows Vista installation, removing the need for further activation procedures. The installation required hardware-embedded BIOS ACPI_SLIC information signed by Microsoft. So this method takes advantage of how Vista validates on OEM machines.
By using a device driver, BIOS ACPI_SLIC information can be fed to Windows Vista's licensing mechanism. This, combined with an matching product key and OEM certificate, will render any system practically indistinguishable from a legit pre-activated system shipped by the respective OEM.
I’ve been writing about the Amie Street music site since their launch last July. Their model has the potential to disrupt the music industry from the bottom up: Bands and labels upload music, which is downloadable in DRM-free MP3 format. The price always starts at free, and as more people download the song, the price starts to rise, eventually hitting $.98. Higher priced songs are by definition more popular, and I’ve found that anything over $.50 or so is pretty good music. 70% of proceeds go to the band/label, and Amie Street keeps the rest.So, if anyone out there is looking to get some good (legal) music for cheap make sure that you head over to Amie Street before the whole things gets too popular.The service is now starting to make real progress with labels, too. They’ve signed a deal with Nettwerk Music Group, which will be uploading their entire library to Amie Street over the next few months. The first music to go up on the site is the new Barenaked Ladies album, Barenaked Ladies Are Men. All sixteen songs from the album are available here.
Note that it's the non-scarce products, the recipes and the ideas, that helps expand the value of the limited resources, the ingredients. You expand value by creating new non-scarce goods that make scarce goods more valuable -- and you can keep on doing so, indefinitely. Successful new business models are about creating those non-scarce goods and helping them increase value. Any new business model must be based around increasing the overall pie. It's about recognizing that creating value isn't about shifting around pieces of a limited economic pie -- but making the overall pie bigger.
DRM is fundamentally opposed to this concept. It is not increasing value for the consumer in any way, but about limiting it. It takes the non-scarce goods, the very thing that helps increase value, and constrains them. Those non-scarce goods are what increase the pie and open up new opportunities for those who know where to capture the monetary rewards of that value (within other limited resources). DRM, on the other hand, holds back that value and prevents it from being realized. It shrinks the pie -- and no successful business models come out of providing less value and shrinking the overall pie. Fundamentally, DRM cannot create a successful new business model. It can only contain one.
Granted, we give music bloggers a lot of crap, but they do possess one quality that the greater populace lacks: They have an undying enthusiasm for records that goes beyond the boundaries of marketing budgets or Q4 balance sheets. What the RIAA is doing by short-circuiting bloggers, causing them to say "Hey, what the hell happened?!" is the sort of blame-the-consumer action that's resulted in people calling for boycotts and becoming even more leery of buying music. Which, honestly, is not behavior that anyone who's involved in the record industry should be encouraging at this point.
"Microsoft initially encouraged piracy to make its operating system popular [...] A united channel front would threaten Microsoft's hold and might lead resellers in India to push Linux"
In similar news, it was also announced recently that Warner/Chapell music has set up a publishing deal with Microsoft, which includes music for the epic "Halo" series. (From the same Article:)... Electronic Arts, the world's largest game publisher, announced that it is teaming up with Apple to sell its catalog of soundtracks on iTunes. Licensed music from franchises such as Madden NFL, Need for Speed, and SSX are now up on the music download service, and EA promises more in the future.
Among the songs available is the retail debut of Snoop Dogg's remix of the Doors' "Riders on the Storm," which was featured in Need for Speed Underground. A list of soundtracks available on iTunes can be found at the EA Trax Web site.
Not to be outdone, Warner/Chappell Music has signed a deal with Microsoft for the publishing rights to the software giant's portfolio of game music, including Marty O'Donnell's scores from the Halo games.Pretty sweet. Via Tim Surette on Gamespot.
"It's a rippling effect. [The RIAA] starts doing this, and we find sneakier ways to download illegally," he said. "Until they get the picture that we're not going to stop until they make it much easier to get music at a reasonable price, we're not going to stop." - an anonymous freshman interactive entertainment majorversus...
"It seems like they're trying to make some sort of compromise," he said. "You've seen the lawsuits where some grandma is sued and pays thousands of dollars, so if they're willing to settle out of court - sort of like a, 'You help us, we'll help you' - that's a good thing." - Brandon Lang, freshman business majorNotice that the budding cultural creator is opposed to the RIAA's tactics and expresses dissatisfaction with the music industry, while the budding business mogul views the RIAA's actions as defensible--even beneficial.
The Recording Industry Association of America has announced it will send letters to several universities offering students who illegally download music a chance to settle with the RIAA before they are sued for copyright infringement.
...
The letters are part of the RIAA's new plan to crack down on illegal downloading at college campuses. Of the 400 letters sent, USC received 20. Ohio University topped the list with 50 letters, the release stated.