U.S. Copyright Office Cuts Into DMCA

The much-vaunted Digital Millennium Copyright Act (PDF, Wikipedia), passed in 1998, was designed to criminalize the circumvention of copyrighted material, while taking the load off ISP’s and redirecting liability to the “incriminating” individual.

Last week, on Thanksgiving Day!, the AP released this article outlining 6 exemptions written into the DMCA (EFF posted this the day before). Brief summaries of these exemptions can be read at http://www.copyright.gov/1201/. The Copyright Office meets to review the DMCA every three years, and previously approved exemptions in 2000 and in 2003, not all of which have been renewed.

Some of these exemptions reflect a loosening of some of the more constricting titles of the DMCA and most notably, fair-use and accessibility are provided with broader, less limiting definitions.

— Breaking CSS encryption to make excerpts and compilations from DVDs, especially for educational purposes, is now more likely to pass the test for fair use.

— The sight- and hearing-impaired are now allowed to break DRM-locks on eBooks to access reading tools and software.

— It is now legal to unlock cell phones!

— Circumvention is now officially permitted for the testing, researching, or correcting of security flaws from “rootkits” or other access control measures.

Ed Felten goes further into detail on the 6 exemptions in this commentary. Cory also goes more in-depth on the 6 exemptions at BoingBoing as does Karen at KSL News and Bill at PublicKnowledge.

More background: The Evil That is DMCA.

Wilco, Auditorium Theatre Chicago Nov 24 2006

Wilco photo by Parrillo via FlickrHear the Friday Nov. 24 Auditorium Theatre show HERE.

BUMPED: We now have audio! From the Madison Barrymore Theater. show Nov. 22 — very similar setlist, although slightly rougher as it was the warm-up for the Chitown shows. Listen to the new goodies:

* Let’s Not Get Carried Away
* Shake it Off
* What Light
* Walken
(more)

———

It was quite a treat to see Wilco last night, at what is most certainly my favorite venue (post-Lounge Ax) to see them, the large, elegant Auditorium Theater with its exquisitely updated sound system. I last saw them here in October 2004.

I’m sorry to report that for some reason *none* of the audio came out as collected for me to share with you, however, I will keep my eyes peeled for any recordings from the show — or of any of the new songs they performed on this mini-tour (I believe it was one in Madison and 2 in Chicago). Nels Cline was absolutely tremendous and his presence is felt on the new stuff — as yet untitled new album is expected in 2007 — even moreso than it was on ‘Ghost.” As per usual, Glenn Kotche remains the man — his solo in the hard-rockin’ Let’s Not Get Carried Away was tops. Excellent full band rendition of Remember the Mountain Bed and we were treated to two other Guthrie gems (ref. Mermaid Ave I & II — Airline to Heaven and California Stars. Apparently several new songs were also played at the October 19 9:30 Club show in DC, which can be streamed via NPR. Also, bassist John Stirratt rapped about the upcoming record a bit in this Billboard interview last week.

Photo by parrillo via Flickr. Great pics of the venue by Olivia.
Continue reading “Wilco, Auditorium Theatre Chicago Nov 24 2006”

Wilco, Auditorium Theatre, Chicago, 24nov06


I was lucky to attend this Wilco show — it rocked! Thanks to chitaper for another top-notch recording (FLAC torrent available here). Review here. JBrown uploaded some sweet video to YouTube like this one

1. Terri Hemmert intro
2. Bobb Bruno as a Bunny
3. Intro theme

4. Shake it Off
5. Hell is Chrome
6. Handshake Drugs
7. A Shot in the Arm
8. Impossible Germany
9. I Am Trying to Break your Heart
10. Muzzle of Bees
11. banter
12. Company in My Back
13. War on War
14. Sunken Treasure
15. Remember the Mountain Bed
16. Airline to Heaven
17. banter
18. Jesus, etc.
19. Walken
20. Theologians
21. I’m the Man Who Loves You

22. break

23. Hummingbird
24. Via Chicago
25. What Light
26. The Late Greats

27. break
28. In a Future Age
29. banter
30. California Stars
31. Heavy Metal Drummer
32. Let’s Not Get Carried Away
33. Kingpin

BONUS – From Sat. Nov. 25 show

Radio Cure
Poor Places
She’s a Jar
Side With the Seeds
Forget the Flowers
Passenger Side

Twitter Updates for 2008-11-24

  • considering “Don’t Stop Believin'” is the most popular iTunes track EVER @mspiegelman may have the right idea. Go Y! Music http://tr.im/19s1 #
  • @LiveEarth India is ON like Aishwarya Rai Bachchan. Now to celebrate @techzulu’s birthday at the roos in reply to LiveEarth #
  • Gmail is lookin Pantone 7451C periwinkle and chat doesn’t work. I’m playing with lala.com, rockin Tristeza and “blastin’ thru it” as we say #
  • @mvermut that’s easy — take a free ride on the ad free Live365 and tune into WOOZradio: http://tinyurl.com/6e4mbz in reply to mvermut #
  • @mvermut oops – didn’t realize that went straight to a paywall. here’s the free option: http://www.live365.com/stations/netzoo in reply to mvermut #
  • @alanataylor and others — here’s the link to revert back to “older” version of Gmail UI – http://mail.google.com/mail/?ui=1 in reply to alanataylor #
  • logged into MSN messenger 1st time ever for the one colleague on MSN. all i get is spam despite having no info besides age-old hotmail addy #
  • At mindshare. 3d printer preso. Total urban legend imho. Idealab even. Ask.com anyone? Will believe it only when I feel it #
  • Oil under $50/barrel. Remember when they said $200 by ’09? Cuz we know so much. We really think we know so what #
  • @bwank settings->themes->classic should fix yer Gmail fail. in reply to bwank #
  • RT @creativecommons: CC founder Lawrence Lessig will be on the Charlie Rose show tonight: http://ping.fm/jep7b + http://change-congress.org #
  • someone is rocking an 80’s mix outside my office and, well, the inevitable just happened. Guess he really never gonna desert me. #
  • checkin @blovi8 per @josholaila reco. what is the point? what’s wrong with craigslist? I do like the Shepard Fairey wallpaper though. #
  • what are YOUR favorite tools and strategies for tracking / analyzing the spread of specific chatter on the web, boards, 2.0hs, blogs? #
  • Hillary SoS news gave me a chill. hard to trust her neocon tendencies + jaded fingers-on-chalkboard rallying voice. Prefer her to Kerry tho #

Internet Libel OK’d by Courts

UPDATE: Comprehensive coverage of blogger reaction to the Barrett v. Rosenthal decision at CJR.

Always nice to see Internet legislation shot down in the courts — in this case, the California Supreme Court ruled that allowing prosecution of name-calling and online flame wars by third parties would lead to an uncontrollable number of ridiculous lawsuits.

The L.A. Times reports:

“The prospect of blanket immunity for those who intentionally redistribute defamatory statements on the Internet has disturbing implications,” Justice Carol Corrigan wrote for the court. But, she added, immunity “serves to protect online freedom of expression and to encourage self-regulation.”

[…]

The court explained that Internet defamation law differs from that of other media.

“Book, newspaper or magazine publishers are liable for defamation on the same basis as authors,” Corrigan wrote. “Book sellers, news vendors or other ‘distributors’ … may only be held liable if they knew or had reason to know of a publication’s defamatory content.”

Congress “chose to protect even the most active Internet publishers, those who take an aggressive role in republishing third-party content,” she wrote.

[…]

She said the threat of liability also would reduce the flow of ideas on the Internet. “The volume and range of Internet communications make the ‘heckler’s veto’ a real threat,” Corrigan said.

The defendant, Ilene Rosenthal of the Humantics Foundation, blogs here. The case was brought by the erstwhile thugs known as the Quackbusters.

Here is EFF’s FAQ on Online Defamation.

Wikipedia entry on the 1996 Communications Decency Act.

* Discussion @ /.

Universal Goes After Bank of America for U2 “One” Parody

How broke-ass will UMG and their copyright hounds get? Maria Aspan @ The New York Times tackles this hilarity:

A video of two Bank of America employees singing a version of U2’s “One” to commemorate their company’s acquisition of MBNA recently made the rounds of the blogs, prompting amusement and some ridicule from online viewers.

But the intended comic effect of their performance and the retooled lyrics (“One spirit, we get to share it/Leading us all to higher standards”) seemed lost on lawyers on the lookout for copyright violations.

On Tuesday, a lawyer for the Universal Music Publishing Group, a catalog owner and administrator, posted the text of a cease-and-desist letter in the comments section of Stereogum.com, a Web site carrying the video. It contended that Bank of America had violated Universal’s copyright of the U2 song.

The two employees featured in the video were the guitarist, Jim Debois, a consumer market executive for Manhattan, and the singer, Ethan Chandler, a Manhattan banking center manager, who provoked much of the ridicule with his earnest interpretation and also for straying a bit far from U2’s lyrics with lines like “Integration has never had us feeling so good/and we’ll make lots of money.”

Mr. Chandler, who has independently released an album and is working on another, said he was asked to write and perform the song for an August meeting of credit card division executives at MBNA headquarters in Wilmington, Del.

He said he was surprised to learn about the cease-and-desist letter, stressing that his performance was meant for an internal audience. “There was an approved list of songs to use,” he said, “and as far I knew, that was an approved song.”

Universal said on Stereogum that it had sent the letter by fax and registered mail to Bank of America last Monday. On Friday, a bank spokeswoman, Betsy Weinberger, said the legal department had not yet received it.

The letter was signed by Raul R. Gonzalez, a lawyer for Universal Music. Reached at his office, Mr. Gonzalez said, “No comment” and hung up.

Online commentators accustomed to viral marketing said they suspected that the video was the latest corporate attempt to co-opt Internet video for promotional purposes. But Ms. Weinberger said it was “absolutely not” leaked by Bank of America as a marketing ploy.

Mr. Chandler also denied any involvement in leaking the video, although he admitted that, despite the cutting online criticism, the incident had an upside. “A lot of people thought it was fake, but I really do sing,” he said. “I’ve been doing this a long time.”

Continue reading “Universal Goes After Bank of America for U2 “One” Parody”