July 26, 2010
Suck it, El Jobso
A while back, attorneys for Apple concocted a creative argument for why jailbreaking your iPhone constituted an infringement of the copyrights in the device’s software, based on the anti-circumvention provisions of the Digital Millennium Copyright Act (more familiarly known as the “DMCA”). The Library of Congress (as the body that promulgates regulations for enforcement of the Copyright Act) has today proposed an exemption to liability that specifically puts the kibosh on Apple’s legal theory.
February 17, 2010
IOC Uses DMCA to Suppress Luge Accident Video
The opening day of the 2010 Winter Olympics was marked with tragedy when 21-year-old Georgian luger, Nodar Kumaritashvili, was involved in a fatal crash during a training run. The horrific event dampened the spirit of the international competition and colored the mood at the opening ceremonies later that night. As anyone would expect, the International Olympic Committee (IOC) sprung into action, responding to the accident with a multi-point plan:
October 23, 2009
DMCA Takedown Notices Must Consider Fair Use
The Digital Millennium Copyright Act (DMCA) was signed into law by President Clinton in 1998 and is an implementation of two World Intellectual Property Organization (WIPO) treaties. To make it much simpler than it really is, the DMCA is directed to provide protection to copyright owners that find their copyrighted materials improperly posted on the Internet. Again, that is a big oversimplification of the provisions of the DMCA, but it is enough of a background for this story. The full text of the DMCA can be found here.
On its face, the statute provides an important enforcement mechanism for copyright owners who can’t necessarily afford to hire a legal team. As it works now, copyright protection is created without any real effort on the part of the author, and as a result, it is incredibly easy for someone to have enforceable copyrights. With the current state of technology, it is becoming equally easy to infringe on them, so lawmakers wanted to make them just as easy to enforce. However, as with nearly every other well-intentioned legislative initiative, the DMCA’s power to do good has been twisted by the hands of the wicked into a weapon for evil.
October 19, 2009
Latest “IP Bully” Award Nominations
October 7, 2009
And our “IP Bully of the Week” Award goes to…
Ralph Lauren — for sending DMCA take-down letters in an attempt to suppress some negative blog commentary about the photo below, e.g., comments like “Dude, her head’s bigger than her pelvis” (source).
You can read about what happened here and here.
UPDATE (2009/10/12): Ralph Lauren has issued a statement, apologizing for the poor photoshop job. We’re still waiting for an apology about their DMCA abuses.
