Monthly Archives: January 2006

Very good “fair use” opinion re Google’s cache

A district court in Nevada has rejected the claim that Google’s cache violates copyright law. The opinion is grounded both on “fair use” and implied license. The “fair use” part of the opinion is fantastic. But interestingly, the “implied license” part of the opinion weakens any such claim in the context of Google Book Search. Continue reading

Posted in Read This | 75 Comments

The Anti-Lessig Reader Wiki

I’ve created a wiki for work critical of my own work. The aim is to build a text that would complement my own work. I’d be grateful for any help people could provide. Think of the entries as essentially “But see” c/sites.

The wiki is here. Continue reading

Posted in eye | 7 Comments

Has your phone been locked?

From Jennifer Granick, director of the Stanford Center for Internet and Society:

The Stanford Law School Center for Internet and Society is collecting stories about problems with locked cell phones to support our request to the Copyright Office for an exemption to the DMCA anti-circumvention provisions for cell phone unlocking. The original comments filed are here. These will be for the reply comments.

If you have a good story, know someone who does, or are aware of a community of people who might be interested, please send the link to them.

Continue reading

Posted in bad code | 21 Comments

Waldmeir on Google Book Search

From the FT: “The basic social compromise over copyright can surely only be furthered by indexing all this creativity so that other people can find it.” Continue reading

Posted in Uncategorized | 5 Comments

The Read-Write Internet


I wrote this piece for the FT about the next war in copyright. If you’ve not seen AMVs, you should. Look here.

This will be the next big copyright war — whether this form of noncommercial creativity will be allowed. But there will be a big difference with this war and the last (over p2p filesharing). In the p2p wars, the side that defended innovation free of judicial supervision was right. But when ordinary people heard both sides of the argument, 90% were against us. In this war, the side that will defend these new creators is right. And when ordinary people hear both sides, and more importantly, see the creativity their kids are capable of, 90% will be with us.

I saw this first hand in the eyes of a father. From the FT piece:

But to those building the Read-Write internet, economics is not what matters. Nor is it what matters to their parents. After a talk in which I presented some AMV work, a father said to me: “I don’t think you really realise just how important this is. My kid couldn’t get into college till we sent them his AMVs. Now he’s a freshman at a university he never dreamed he could attend.”

These are creators, too. Their creativity harms no one. It is the heart of a whole new genre of creativity — not just with anime, but will all sorts of culture. If, that is, it is allowed.

Update: A relevant City of Heroes video on in-game IP. Continue reading

Posted in bad law | 34 Comments

Google Book Search: The Argument

So there’s a corrected version of the Google Book Search video here on youTube. Very cool video sharing service, just ripe for CC licenses.

The essence of the argument here builds upon the “market failure” justification for fair use: We recognize fair use where there’s a prominent market failure. Here, the market failure is caused by the insanely inefficient property system copyright law is. Given that, the use Google makes is plainly “fair use.”

Update: This is an updated version that substitutes a photograph. I stupidly used a photo without checking the license. The substituted photo is a beautiful image by fuzzbabble on Flickr. My apologies to the very talented Andrea K. Gingerich. Continue reading

Posted in good law | 16 Comments

the fiction zone that DC has become

The Washington Internet Daily (which apparently is not on the Internet) has a story predicting the Telecom Bill will pass the House this year. The only sticking point seems to be the “controversial” “net neutrality” proposal. Says Howard Waltzman, the committee’s majority chief telecom counsel, and “net neutrality” opponent: “We’re going to rely on the market to regulate these services and not have a heavy hand in government regulation.” Waltzman thinks net neutrality regulation would turn “broadband pipes into railroads and regulating them under common carriage.” As he explains: “The reason the Internet has thrived is because it’s existed in… Continue reading

Posted in bad law | 21 Comments

(Friend) Experimenting in distributing (my) content

Leon Felipe Sanchez has produced smaller versions of my Google Book Search talk. He’s got a (1) full, but light, a (2) small, and (3) and iPod Video version at his site. Thank you, Leon. Continue reading

Posted in good code | 11 Comments

I’ll be virtual next Wednesday


I’ve been a big fan of Second Life for a long time. Next Wednesday evening, I’ll be visiting. Continue reading

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Experiments in distributing content

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So the other thing I wanted to try with this presentation was bitTorrent distribution. As I said, I used Prodigem‘s hosted bitTorrent service. Prodigem seeds the file if there are not at least 3 other seeds out there.

In the first day, there was about 120445 MB of completed traffic. Prodigem had transmitted 908 MB. Thus, 99% of the cost of distributing this was born by the audience. (Thanks!)

Right now, more than 1600 copies have been distributed. There are about 90 peers open.

Thus the meaning of: BitTorrent is a free speech tool. Continue reading

Posted in good code | 17 Comments