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05.20.2008
U.S. Implementation of the Making-Available Right

CSDP just released a new paper addressing a question that has attracted much recent attention: Does posting a copyrighted work on a website or “sharing” it over a peer-to-peer file-sharing network like KaZaA infringe the exclusive rights that U.S. law grants to copyright owners? In other words, does the U.S. Copyright Act provide the “making available” right required by the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, and at least six bilateral or multilateral Free Trade Agreements?

This paper raised one of the more vexing legal issues that I have encountered in some time. The problem was not so much the difficulty of the underlying substantive issue. (Indeed, as the paper indicates, I think there is a very powerful case for recognizing a making-available right by adopting a plain-meaning interpretation of “to authorize” the phrase used to define the scope of all the exclusive rights granted by the Act.) Rather, the problem was that I have always thought it important that Congress and the President had both expressly and necessarily interpreted the Copyright Act to provide a making-available right when they enacted the implementing legislation for the WCT, the WPPT, and the six FTAs.

Many others with whom I have discussed this issue did not agree that these interpretations were particularly important. Our disagreements centered on a question that, does, at least in the context of international law and at the Supreme-Court level, seem to be open. Since the 1804 case Charming Betsy, the Supreme Court has held that courts should adopt any possible interpretation of a U.S. statute that would avoid a conflict with the international agreements and obligations of the United States. Nevertheless, to date, almost all cases invoking the Charming-Betsy interpretive principle seem to involve efforts to construe statutes that were enacted after a given treaty or international agreement had imposed some sort of obligation upon the United States.

The case of the making-available right reverses the temporal relationship between the relevant domestic statute and international agreements: The WCT, WPPT and the FTAs all postdate the Copyright Act of 1976 by at least thirty years. Many people found it odd that the terms of international obligations should influence the interpretation of a statute enacted about 30 years earlier. I could neither deny that such arguments had some force nor that I still found them unpersuasive, though for reasons that I could never quite articulate.

I hope that this paper can explain the source of these disagreements. I happen to have a longstanding interest in administrative law. Consequently, when I look at the Copyright Act of 1976, the implementing legislation for the WCT, WPPT, and the FTAs, and cases like Barker, I think that the resulting situation raises a question about the need for judicial deference analogous to that raised and resolved in cases like Chevron v. NRDC.

In the typical Chevron case, a governmental entity (usually a federal agency) must interpret an existing statute in order to determine how best to exercise lawfully acquired law-making powers. In such cases, courts accord so-called Chevron deference to statutory interpretation adopted by the agency: Regardless of whether the reviewing court might think some other interpretation more persuasive, it will defer to any reasonable interpretation that the agency adopted during the exercise of its law-making powers.

To be clear, I do not contend that Chevron is literally binding precedent in cases like Barker, but neither do I see why it is distinguishable as a matter of law and logic. The same factors that justify Chevron deference in the administrative-law context seem to recur here: To implement international agreements, Congress and the President must exercise their constitutionally delegated law-making powers, and to do so, they must interpret the meaning of existing statutes. Indeed, the interests in predictability and comity that justify Chevron deference seem to be both present and heightened in international-agreement implementation context. It is not clear why a case-or-controversy-bound judge should conclude that the President and Congress seven times executed the international obligations of the United States incompetently or duplicitously if a permissible interpretation of the Copyright Act would avoid the need to draw such conclusions.

Questions about the existence or scope of a U.S. making-available right will clearly be occupying many minds as the summer progresses. For the reasons set forth in the paper, I suspect that as courts begin looking closely at these questions, they will realize that their answers are less difficult to discern than they might seem at first glance.

posted by Thomas Sydnor @ 3:40 PM | DMCA , DRM & Watermarks, etc. , Enforcement & Remedies , Free Culture Movement , General , International , Internet: P2P, Search Engines... , Legislation and Legislators

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11. 6.2007
Fair Use in Filtering

Bill Rosenblatt reports on EFF's and other's support for fair use in filtering. My take: A constructive step. It remains to be seen whether an objective "fair use" standard can be developed; and then again, whether it can be technologically implemented; if not, the answer will be a combination of process for "appeals" and simple licensing mechanisms.

In particular, this is a welcome departure from the "filtering is useless" stance. Certainly, filtering can be defeated. But ultimately something posted for public consumption must be in the clear. And not everyone will encrypt, especially if they are unaware that they are infringing. By and large, it ought to be possible to get copyright filtering for entire works to work at least as well as spam filtering--that is, not perfectly, but enough to get a handle on the problem.

posted by Solveig Singleton @ 7:29 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc.

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10.18.2007
Thoughts and Quotes on Google's Beta Filters

Coverage from CNET, Google Unveils YouTube Antipiracy Tool. (including comments from Bob Tur, plaintiff in another suit against YouTube).

And from ZDNET, a blog entry, "Google's YouTube Copyright Tool: Potential Annoyance, Viacom Settlement Fodder."

And Chris Castle's pointed remarks.

Meanwhile, the courts work out how strong filtering needs to be, once liability is established.

posted by Solveig Singleton @ 3:54 PM | DRM & Watermarks, etc. , Internet: P2P, Search Engines...

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09.11.2007
Investor's Business Daily on Filtering

Brian Deagon's August 6, 2007 article in Investor's Business Daily, August 6, 2007, "Technology Doomed To Failure, Some Critics Say," includes some remarks about filtering worth thinking about. The assurance of the quoted critics is convincing, but they seem to be missing a good part of the picture.

Continue reading Investor's Business Daily on Filtering . . .

posted by Solveig Singleton @ 10:11 AM | DRM & Watermarks, etc.

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09. 6.2007
Apple and Interoperability

Scholars from Northwestern University have released research on legal frameworks with which to analyze Apple's DRM and file format business strategies- Nicola Sharpe and Olufunmilayo Arewa, Is Apple Playing Fair? Navigating the iPod FairPlay DRM Controversy, 5 Nw. J. of Tech. & Intell. Prop. 332 (2007). The research addresses consumer welfare in light of controversies surrounding interoperability and Apple's business models. It proposes ways in which regulators may analyze the iPod/iTunes network in the context of the broader digital media market. The article concludes that Apple would be wise to encourage more third party interoperability with the iPod/iTunes network, for both legal and business reasons.

This is definitely not the first time Apple has been scrutinized for its non-"openness." However, I was impressed by the researchers' comprehensiveness in their discussion of antitrust, network effects and interoperability.

Continue reading Apple and Interoperability . . .

posted by Noel Le @ 6:21 AM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation

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09. 5.2007
Digital Rights Management Conference--NY on the 17th

Come to New York on September 17th to enjoy lively discussions of DRM. I'll be moderating a panel on DRM and consumer choice, with more, much more, to follow.

posted by Solveig Singleton @ 1:35 PM | DRM & Watermarks, etc.

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08.27.2007
More DRM Free, More Watermarking--for Music

DRM Watch reports on the latest developments, with watermarking ramping up and Universal going DRM Free. Walmart is also to go DRM free.

Continue reading More DRM Free, More Watermarking--for Music . . .

posted by Solveig Singleton @ 8:19 AM | DRM & Watermarks, etc. , Media: Video, Music...

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08.23.2007
Intellectual Property Baselines

IPR critics take broad swipes at copyright and patent policies. Two prominent arguments posit that 1) investments into creative productions and inventions can be appropriated by leveraging them as "advertising" for other products, such as t-shirts, 2) peer-production under alternative incentives is sufficient for innovation and continued economic growth. These arguments are fundamentally flawed, and will have drastic implications if set into regulatory policy.

A resource with which to analyze arguments against IPRs is Innovation and its Discontents, Princeton Univ Press (2004), where Professors Jaffe-Lerner outlined the basic tenets for patents. The scholars noted the relationship between innovation costs and marketing, as well as the role of commercialization. Its significant that in a book critiquing the current patent system, Jaffe-Lerner highlighted baselines for IPRs that critics have overlooked.

If there were no incentives for those who discover and develop new technology, it is likely that fewer innovations would be developed, slowing progress and the benefits it brings. Potential inventors realize that without adequate protection rivals will rapidly copy their discoveries, and that therefore innovation is at best an uncertain route to future profits. As a result, companies would be unlikely to spend significant amounts of money on R&D that is the source of new products and processes in a modern economy. They would instead choose to spend their money pursuing other activities- for example, marketing campaigns...

…our capitalist free-enterprise systems has demonstrated a unique ability to generate new technology: industrialized economies have increased their economic productivity more in the last two centuries than in all the millennia of previous human history. The basis for this advance is firms’ pursuit of profit, which forces them to innovate.
Society benefits from creators and innovators investing in more than selling t-shirts. Society needs innovation in IT, not ways of marketing t-shirts! Basic research-product development are high risk ventures, advertising for t-shirts is not. It’s a bit ironic that IPR critics would not have creators leverage the phenomenon known as the Internet for anything more than advertising. The difference in margins between delivering products/services online versus selling t-shirts alone suggest that enabling creators to tap the Internet would lend to more innovation and consumer welfare.

The second argument of IPR critics addressed by Jaffe-Lerner is equally problematic. FOSS, the holy grail of the peer-production movement, exemplifies why commercialization and profit motive remain important to society. The informal peer-production of FOSS has had limited success, and is only improving as it formalizes and receives commercial backing. Peer-production supporters may posit that IP holders are stifling innovation, but the argument is confused. Stifled innovation would resemble the FOSS movement but the FOSS movement is not the result of it.

While IPR critics may be passionate about their views, they would little serve innovation nor other important societal interests.

posted by Noel Le @ 3:21 PM | Academia , DMCA , DRM & Watermarks, etc. , Free Culture Movement , Patents

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08. 9.2007
Bill Rosenblatt on EMI's DRM-Free efforts

Bill is skeptical; sales are up, but not as much as some competitors. But if they aren't actually losing money, should they be worried yet? Perhaps not. We'll air these issues in Aspen in a bit. But it is some confirmation that consumers do not care much about DRM versus no DRM as they do about the nature and quality of the content.

posted by Solveig Singleton @ 8:45 PM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation

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08. 6.2007
Fake Steve Busted

Fake Steve Jobs, author of this jab at Linux and the anti-DRM crowd among other things, is really Dan Lyons of Forbes, reveals the New York Times.

Dang, that man can write.

posted by Solveig Singleton @ 11:19 AM | DRM & Watermarks, etc. , Software

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08. 2.2007
Expectations, Great, Better, and Best of all, Adaptive

posted by Solveig Singleton @ 9:13 PM | DRM & Watermarks, etc.

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07.31.2007
YouTube Filter Update--and Civil Liberties

posted by Solveig Singleton @ 10:01 AM | DRM & Watermarks, etc. , Enforcement & Remedies , Liberty and IP , Privacy and Security

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07.18.2007
MPAA Comments on Net Neutrality

posted by Solveig Singleton @ 8:14 AM | DRM & Watermarks, etc. , Infrastructure , Internet: P2P, Search Engines...

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07.16.2007
Belgian ISP ordered to filter

posted by Solveig Singleton @ 9:14 AM | DRM & Watermarks, etc. , Internet: P2P, Search Engines...

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DRMWatch on GPL3

posted by Solveig Singleton @ 9:11 AM | DMCA , DRM & Watermarks, etc. , Software

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06.25.2007
The Latest Use of Fingerprinting

posted by Solveig Singleton @ 12:08 PM | DRM & Watermarks, etc. , Enforcement & Remedies , Internet: P2P, Search Engines... , Markets: Business, Investment & Innovation

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06.12.2007
YouTube to Test Filtering

posted by Solveig Singleton @ 10:21 AM | DRM & Watermarks, etc. , Enforcement & Remedies , Internet: P2P, Search Engines...

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06. 7.2007
DRMWatch explores the meaning of DRM-Free

posted by Solveig Singleton @ 10:23 PM | DRM & Watermarks, etc.

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06. 6.2007
Post reports on AP's Plans for Copyright Tracking

posted by Solveig Singleton @ 10:30 AM | Books , DRM & Watermarks, etc. , Internet: P2P, Search Engines...

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DRM Conference Sept 17 in New York

posted by Solveig Singleton @ 9:47 AM | DRM & Watermarks, etc.

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05.21.2007
Bill Rosenblatt on Amazon's entry into the music biz

posted by Solveig Singleton @ 9:12 AM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation

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05. 5.2007
Open Market on Digg

posted by James DeLong @ 7:48 AM | DRM & Watermarks, etc.

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05. 3.2007
Professor Randy Picker on Digg

posted by Solveig Singleton @ 2:27 PM | DMCA , DRM & Watermarks, etc. , Liberty and IP

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Digg Proves that Progress is Not a Given

posted by James DeLong @ 10:48 AM | DRM & Watermarks, etc.

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04.23.2007
CSI for Copyright

posted by James DeLong @ 11:44 AM | DRM & Watermarks, etc.

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04. 9.2007
DRM Watch--CTIA Roundup

posted by Solveig Singleton @ 8:33 AM | DRM & Watermarks, etc.

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04. 6.2007
Is Microsoft Surfing the DRM-Free PR Wave?

posted by Noel Le @ 2:29 PM | DRM & Watermarks, etc.

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04. 3.2007
Apple-EMI

posted by James DeLong @ 7:40 PM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation , Media: Video, Music...

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04. 2.2007
Apple-EMI, Is Everybody a Winner?

posted by Noel Le @ 8:17 PM | DMCA , DRM & Watermarks, etc. , Free Culture Movement

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03.15.2007
Thoughts on Notice, Takedown, Fingerprints, and Filtering

posted by James DeLong @ 5:39 PM | DMCA , DRM & Watermarks, etc.

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03.13.2007
Time to License FairPlay Yet?

posted by Patrick Ross @ 1:14 PM | DRM & Watermarks, etc.

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03.12.2007
Universities & Piracy

posted by James DeLong @ 10:03 AM | Academia , DRM & Watermarks, etc. , Enforcement & Remedies

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A Filter in Your Future

posted by James DeLong @ 9:13 AM | DRM & Watermarks, etc.

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03. 7.2007
The Market and Reverse Engineering Can Improve DRM

posted by Noel Le @ 2:20 PM | Academia , DMCA , DRM & Watermarks, etc.

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03. 6.2007
Everyone's a Deconstructionist Now

posted by Solveig Singleton @ 12:27 PM | DRM & Watermarks, etc. , Free Culture Movement

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03. 5.2007
Hacker Cool

posted by Solveig Singleton @ 9:29 AM | DRM & Watermarks, etc.

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03. 2.2007
Nah - It's an Illusion

posted by James DeLong @ 9:17 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc.

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From the Stockholm Network

posted by James DeLong @ 8:19 AM | DRM & Watermarks, etc. , International , Patents , Pharma

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02.27.2007
A Digitized Hollywood Needs IPRs

posted by Noel Le @ 7:25 PM | DRM & Watermarks, etc.

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Boucher and Doolittle, What Do You Have Against Creators?

posted by Patrick Ross @ 5:21 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc. , Free Culture Movement , Legislation and Legislators , Markets: Business, Investment & Innovation

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02.26.2007
How Much Do Music Services Want to Ditch DRM?

posted by Noel Le @ 5:22 PM | DRM & Watermarks, etc.

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BitTorrent Joins the Legal Media Industry

posted by Noel Le @ 10:54 AM | DRM & Watermarks, etc.

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No. 10 Downing Street Defends DRM

posted by Patrick Ross @ 9:18 AM | DRM & Watermarks, etc.

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02.21.2007
Intellectual Property Article/Study Reviews, February 2007

posted by Noel Le @ 5:19 PM | Academia , DMCA , DRM & Watermarks, etc. , Patents

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02.19.2007
Discussion of DVD Drm Hacks

posted by Solveig Singleton @ 9:48 AM | DRM & Watermarks, etc.

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02.14.2007
Good Cop/ Bad Cop

posted by Noel Le @ 7:00 AM | DRM & Watermarks, etc.

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02.13.2007
Redefining 'Freedom'

posted by Patrick Ross @ 2:06 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc. , Free Culture Movement , Liberty and IP , Media: Video, Music...

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Weird Mental Ruts on DRM

posted by Solveig Singleton @ 8:27 AM | DRM & Watermarks, etc.

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Policy Implications from DRM Developments

posted by Noel Le @ 7:00 AM | DRM & Watermarks, etc.

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02.12.2007
Economists on DRM

posted by James DeLong @ 3:23 PM | DRM & Watermarks, etc.

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Put Up or Shut Up

posted by James DeLong @ 9:30 AM | DRM & Watermarks, etc.

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02. 9.2007
Nick Carr on Jobs

posted by James DeLong @ 10:01 AM | DRM & Watermarks, etc.

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MP3.com Founder Writes Challenge to Jobs

posted by Noel Le @ 2:04 AM | DMCA , DRM & Watermarks, etc.

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02. 8.2007
Rebuttal to Jobs

posted by Patrick Ross @ 2:55 PM | DRM & Watermarks, etc.

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My Business Model Makes Angels Sing, Your Business Model Hates Consumers

posted by Patrick Ross @ 12:07 PM | DRM & Watermarks, etc. , Internet: P2P, Search Engines... , Markets: Business, Investment & Innovation , Theft of Service

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02. 7.2007
Jobs Notes

posted by James DeLong @ 9:46 AM | DRM & Watermarks, etc.

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When You're the Deer in the Headlights, Grab Another Deer to Take Your Place

posted by Noel Le @ 7:04 AM | DRM & Watermarks, etc.

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02. 6.2007
Basic and Elementary Points on DRM

posted by Noel Le @ 7:00 AM | Academia , DMCA , DRM & Watermarks, etc.

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02. 5.2007
Ginsburg on the DMCA, DRM and Fair Use

posted by Noel Le @ 9:30 AM | Academia , Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc.

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02. 3.2007
IFPI Digital Music Report

posted by Noel Le @ 2:22 PM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation , Media: Video, Music...

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02. 1.2007
Letter to My Norwegian Cousins

posted by Solveig Singleton @ 8:23 AM | DRM & Watermarks, etc.

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01.31.2007
IIPA Report on Copyright's Contributions to the American Economy

posted by Noel Le @ 7:00 AM | DMCA , DRM & Watermarks, etc. , Markets: Business, Investment & Innovation

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01.29.2007
First, Do No Consumer Harm

posted by James DeLong @ 12:02 PM | DRM & Watermarks, etc. , International , Markets: Business, Investment & Innovation

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Bring on Pay-Per-View

posted by James DeLong @ 10:51 AM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation

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Music Coming?

posted by Solveig Singleton @ 8:23 AM | DRM & Watermarks, etc.

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01.15.2007
The Public Domain That Matters to IPR Policy

posted by Noel Le @ 9:00 AM | Academia , Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc. , Free Culture Movement , Patents

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01.10.2007
Dispatch from CES: DRM

posted by Patrick Ross @ 8:42 PM | DRM & Watermarks, etc.

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01. 9.2007
Dispatch from CES: Copyright and Consumers

posted by Patrick Ross @ 7:48 PM | DRM & Watermarks, etc.

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01. 8.2007
More on DRM for 2006

posted by Solveig Singleton @ 11:49 AM | DRM & Watermarks, etc.

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01. 5.2007
Moving from Online to Offline

posted by Noel Le @ 2:33 PM | DRM & Watermarks, etc.

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01. 4.2007
Department of Huh?

posted by James DeLong @ 11:53 AM | Academia , Access: Commons, Fair Use, Orphan Works, Public Domain , Big Tent , DRM & Watermarks, etc. , Free Culture Movement , Physical Property

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01. 3.2007
Measuring Piracy

posted by Solveig Singleton @ 12:02 PM | DRM & Watermarks, etc.

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01. 2.2007
DRM Standards Year in Review

posted by Solveig Singleton @ 9:31 AM | DRM & Watermarks, etc.

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12.21.2006
DRM Year in Review

posted by Solveig Singleton @ 1:00 PM | DRM & Watermarks, etc.

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More on iTunes Sales

posted by James DeLong @ 9:20 AM | DRM & Watermarks, etc.

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12.20.2006
Tax Funded Films or DRM

posted by Solveig Singleton @ 1:22 PM | DRM & Watermarks, etc. , Tax-Funded IP

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12.19.2006
So How is iTunes doing anyway?

posted by Solveig Singleton @ 7:42 AM | DRM & Watermarks, etc.

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12.16.2006
iTunes Doing OK Afterall... Despite the Press

posted by Noel Le @ 8:05 AM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation

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12. 8.2006
Carr on DRM and MP3

posted by Noel Le @ 8:11 AM | DRM & Watermarks, etc.

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12. 7.2006
Noble Experiment:ation

posted by Solveig Singleton @ 10:30 AM | DRM & Watermarks, etc.

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12. 4.2006
Nascent Market Keeps Growing

posted by Patrick Ross @ 5:21 PM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation

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11.27.2006
Straightening Out DMCA-DRM Issues

posted by Noel Le @ 8:07 AM | DMCA , DRM & Watermarks, etc.

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11.17.2006
DPI

posted by James DeLong @ 8:48 AM | DRM & Watermarks, etc.

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11. 3.2006
Common Basis for Copyrights and Patents

posted by Noel Le @ 4:20 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc. , Markets: Business, Investment & Innovation , Patents

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11. 1.2006
Careful When You Say "Monopoly"

posted by Noel Le @ 8:28 AM | DMCA , DRM & Watermarks, etc. , Free Culture Movement , Markets: Business, Investment & Innovation , Patents

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10.31.2006
Compare and Contrast

posted by Solveig Singleton @ 9:16 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc. , Liberty and IP

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Rupert Murdoch -- Champion of the Little Guy!

posted by James DeLong @ 7:07 AM | DRM & Watermarks, etc.

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10.25.2006
This Just In: Dogs Still Hate Cats

posted by Patrick Ross @ 1:08 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , Analog Holes , DMCA , DRM & Watermarks, etc. , Free Culture Movement , Legislation and Legislators , Markets: Business, Investment & Innovation

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10.24.2006
Don't Forget Producers From the Equation

posted by Noel Le @ 5:00 PM | DMCA , DRM & Watermarks, etc.

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10.23.2006
Ask Lemley About Licensing Markets and the Lost Revenue Theory

posted by Noel Le @ 11:47 AM | DMCA , DRM & Watermarks, etc.

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10.20.2006
The Perfectionism of IP Critics

posted by Noel Le @ 12:46 PM | DMCA , DRM & Watermarks, etc. , Free Culture Movement , Markets: Business, Investment & Innovation , Patents

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10.19.2006
Interview with DRM Pioneer

posted by Solveig Singleton @ 10:54 AM | DRM & Watermarks, etc.

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10. 5.2006
Complementing Apple

posted by Noel Le @ 10:01 AM | DRM & Watermarks, etc.

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10. 3.2006
Tyler Cowan on iPod Interoperability...

posted by Solveig Singleton @ 8:46 PM | DRM & Watermarks, etc.

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09.26.2006
Napster to Go Withdrawal

posted by Patrick Ross @ 5:21 PM | DRM & Watermarks, etc.

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Love Thy Work

posted by Noel Le @ 1:16 PM | Academia , Access: Commons, Fair Use, Orphan Works, Public Domain , Big Tent , DMCA , DRM & Watermarks, etc. , Markets: Business, Investment & Innovation , Patents

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09.20.2006
Endless Aspen

posted by Amy Smorodin @ 1:45 PM | Art , Aspen , Big Tent , DMCA , DRM & Watermarks, etc. , Patents

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09.13.2006
What Has Apple Done for You Lately?

posted by Noel Le @ 6:57 PM | DRM & Watermarks, etc.

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09.10.2006
DRM Evaluation

posted by Solveig Singleton @ 7:28 PM | DRM & Watermarks, etc.

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09. 5.2006
Merges, on IP, Contracts and Markets

posted by Noel Le @ 7:27 PM | DMCA , DRM & Watermarks, etc. , Media: Video, Music...

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08.27.2006
Saving the Benefits of DRM

posted by Noel Le @ 11:33 PM | DMCA , DRM & Watermarks, etc.

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08.22.2006
Giving Right to (Mis)Appropriation

posted by Noel Le @ 6:05 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc. , Free Culture Movement , Internet: P2P, Search Engines... , Patents

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08.16.2006
Coherence in DMCA Reverse Engineering

posted by Noel Le @ 3:28 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc.

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08.10.2006
Fragmented DRM Systems and Innovation

posted by Noel Le @ 4:12 PM | DRM & Watermarks, etc. , Prices, Terms, and Licensing , Standards

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The Nascent Market Takes Yet Another Step

posted by Patrick Ross @ 3:36 PM | DMCA , DRM & Watermarks, etc. , Markets: Business, Investment & Innovation

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Marginal Cost (Cont'd)

posted by James DeLong @ 7:48 AM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation

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08. 9.2006
Interoperability Under the DMCA

posted by Noel Le @ 3:36 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc.

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08. 8.2006
Ah, Is This What the French Were Getting At?

posted by Solveig Singleton @ 3:36 PM | DRM & Watermarks, etc. , International

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08. 7.2006
The Marginal Cost Fallacy, Again

posted by Solveig Singleton @ 10:23 AM | DRM & Watermarks, etc. , Free Culture Movement

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07.31.2006
Open source DRM back on track

posted by Solveig Singleton @ 3:43 PM | DRM & Watermarks, etc.

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07.28.2006
DRM For Consumers

posted by Noel Le @ 4:40 PM | DRM & Watermarks, etc.

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07.24.2006
Insight on Interoperability Mandates

posted by Patrick Ross @ 12:10 PM | DRM & Watermarks, etc.

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07.18.2006
Opening and Closing the Xbox

posted by Solveig Singleton @ 1:45 PM | DMCA , DRM & Watermarks, etc. , Free Culture Movement , Games , Prices, Terms, and Licensing , Software

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07.12.2006
Tom Hazlett on Antitrust and iTunes

posted by Solveig Singleton @ 1:36 PM | Antitrust , DRM & Watermarks, etc.

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07. 7.2006
Debate on "Product Extension"

posted by James DeLong @ 9:50 AM | DRM & Watermarks, etc.

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07. 6.2006
Product Extension

posted by James DeLong @ 2:18 PM | DRM & Watermarks, etc.

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06.29.2006
Ebooks, DRM and Pricing

posted by Noel Le @ 2:21 PM | DRM & Watermarks, etc.

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06.27.2006
The Nascent Market Takes Baby Steps

posted by Patrick Ross @ 2:55 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc. , Markets: Business, Investment & Innovation , Media: Video, Music...

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06.26.2006
Update on French DRM Legislation

posted by Solveig Singleton @ 1:50 PM | DRM & Watermarks, etc. , International

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06.22.2006
The French Choose Artists?

posted by Patrick Ross @ 1:00 PM | DRM & Watermarks, etc. , International , Media: Video, Music...

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06.20.2006
DRM Debate

posted by James DeLong @ 9:11 AM | DRM & Watermarks, etc.

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06.16.2006
Financial Times Editorial on France and Apple

posted by Solveig Singleton @ 1:10 PM | DRM & Watermarks, etc. , International

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06.12.2006
UK DRM Report Out

posted by Solveig Singleton @ 10:02 AM | DMCA , DRM & Watermarks, etc. , International

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06. 7.2006
Music Licensing in a Digital Era

posted by Patrick Ross @ 11:40 AM | DRM & Watermarks, etc. , Legislation and Legislators , Radio

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06. 6.2006
David Friedman on Copyright, New Art Forms

posted by Solveig Singleton @ 8:15 AM | Academia , DRM & Watermarks, etc. , Games

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06. 5.2006
Your DRM Sentiments in Print

posted by Noel Le @ 2:46 PM | DRM & Watermarks, etc.

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05.30.2006
DRM Developments

posted by Solveig Singleton @ 9:35 AM | DRM & Watermarks, etc.

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05.25.2006
Orphan Works and the Rights of Individual Creators

posted by Patrick Ross @ 2:07 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc. , Free Culture Movement , Legislation and Legislators

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05.22.2006
Critique of French Legislation--Expanded Liability for Tech?

posted by Solveig Singleton @ 11:58 AM | DMCA , DRM & Watermarks, etc. , International

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05.16.2006
DMCA Dialectic Continued

posted by Solveig Singleton @ 2:49 PM | DMCA , DRM & Watermarks, etc.

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05.15.2006
Assorted Comments on my DMCA Paper

posted by Solveig Singleton @ 2:48 PM | DMCA , DRM & Watermarks, etc.

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05.11.2006
A Chilly Day in Hades

posted by Patrick Ross @ 4:25 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc. , Internet: P2P, Search Engines... , Legislation and Legislators

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05.10.2006
Errors and Etiquette, Part Two: The End

posted by Solveig Singleton @ 8:00 AM | DMCA , DRM & Watermarks, etc. , Theft of Service

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05. 9.2006
More Market Growth

posted by Patrick Ross @ 12:22 PM | DRM & Watermarks, etc. , Internet: P2P, Search Engines... , Internet: P2P, Search Engines...

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05. 8.2006
The Viral Video Business Model

posted by Patrick Ross @ 4:22 PM | DRM & Watermarks, etc. , Free Culture Movement , Internet: P2P, Search Engines... , Markets: Business, Investment & Innovation , Media: Video, Music... , Prices, Terms, and Licensing

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Of Errors and Etiquette, Part One: Linux

posted by Solveig Singleton @ 9:34 AM | DMCA , DRM & Watermarks, etc. , Theft of Service

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05. 5.2006
Acoustic Fingerprinting

posted by James DeLong @ 10:35 AM | DRM & Watermarks, etc.

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05. 3.2006
Legalism Exchange

posted by Patrick Ross @ 10:25 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc. , Internet: P2P, Search Engines... , Legislation and Legislators , Liberty and IP

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04.26.2006
Smith Has it Right

posted by Patrick Ross @ 3:35 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , DRM & Watermarks, etc. , Legislation and Legislators

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04. 3.2006
Dennis Hamilton Thoughts on FOSS & Content

posted by Solveig Singleton @ 12:00 PM | Comments from Readers , DRM & Watermarks, etc. , Free Culture Movement , Software

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03.29.2006
Interoperability Mandates

posted by Patrick Ross @ 12:29 PM | DRM & Watermarks, etc. , International , Legislation and Legislators

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More on France, iPod, Interoperability

posted by Solveig Singleton @ 9:04 AM | DRM & Watermarks, etc. , International , Legislation and Legislators

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03.27.2006
Mandating DRM Interoperability, in France and Beyond

posted by Solveig Singleton @ 9:12 PM | DRM & Watermarks, etc. , International , Standards

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03.20.2006
French Music

posted by James DeLong @ 11:54 AM | DRM & Watermarks, etc.

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Thoughts on DC Bar's March 16 DRM Panel

posted by Solveig Singleton @ 9:17 AM | DRM & Watermarks, etc.

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02.27.2006
DRM & Mistrust

posted by James DeLong @ 8:48 AM | DRM & Watermarks, etc.

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02.25.2006
Marginal Cost of Shopping Carts

posted by James DeLong @ 9:24 AM | DRM & Watermarks, etc.

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02.21.2006
More of Me and Technology Liberation Front

posted by Solveig Singleton @ 9:03 PM | Big Tent , DRM & Watermarks, etc. , General , Liberty and IP , Physical Property

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02.14.2006
Defusing DRM

posted by Doug Lichtman @ 9:03 PM | DRM & Watermarks, etc.

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Google's Video Offering--Threat or Menace?

posted by Solveig Singleton @ 1:34 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc. , Free Culture Movement

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02.13.2006
Take the Cart, Jim!

posted by Patrick Ross @ 1:46 PM | DRM & Watermarks, etc.

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02.11.2006
Tales of DRM

posted by James DeLong @ 10:26 AM | DRM & Watermarks, etc.

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02.10.2006
DRM at Davos

posted by James DeLong @ 8:33 AM | DRM & Watermarks, etc.

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02. 7.2006
Analog Hole (S. 4569)

posted by James DeLong @ 3:02 PM | DRM & Watermarks, etc.

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02. 6.2006
Be Careful What You Wish For

posted by Solveig Singleton @ 12:48 PM | DRM & Watermarks, etc.

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01.30.2006
More Market Innovation

posted by Patrick Ross @ 12:28 PM | DRM & Watermarks, etc. , Internet: P2P, Search Engines... , Markets: Business, Investment & Innovation

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01.25.2006
More on DRM--Review of 2005

posted by Solveig Singleton @ 8:33 AM | DRM & Watermarks, etc. , Standards

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01.20.2006
Good Watermarking in Video Article

posted by Solveig Singleton @ 11:52 AM | DRM & Watermarks, etc. , Media: Video, Music... , Standards

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DRM Conference

posted by James DeLong @ 9:55 AM | DRM & Watermarks, etc.

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01. 5.2006
Rcihard Epstein on H.R. 1201

posted by James DeLong @ 1:59 PM | DRM & Watermarks, etc.

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01. 4.2006
Blame Canada

posted by Patrick Ross @ 12:50 PM | Academia , Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc. , Free Culture Movement , International

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12.29.2005
Reports of Death of DRM Greatly Exaggerated

posted by Solveig Singleton @ 10:15 PM | DRM & Watermarks, etc.

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12.13.2005
Consumer Choice

posted by Patrick Ross @ 6:34 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc. , Markets: Business, Investment & Innovation , Media: Video, Music...

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Sony BMG's DRM Mistake

posted by Doug Lichtman @ 1:45 PM | DRM & Watermarks, etc.

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12. 6.2005
DRM Suits Wrap-Up

posted by Solveig Singleton @ 8:17 AM | DRM & Watermarks, etc. , Liberty and IP

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12. 5.2005
Response to Tim Lee re DRM liability and DMCA

posted by Solveig Singleton @ 12:13 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc. , Liberty and IP

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DRM & the UK

posted by James DeLong @ 10:21 AM | DRM & Watermarks, etc.

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11.29.2005
More on Root Kits--Confusion!

posted by Solveig Singleton @ 3:18 PM | DRM & Watermarks, etc. , DRM & Watermarks, etc.

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More on Root Kits--Confusion!

posted by Solveig Singleton @ 3:18 PM | DRM & Watermarks, etc. , DRM & Watermarks, etc.

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11.21.2005
Texas Sues Sony

posted by Solveig Singleton @ 3:03 PM | DRM & Watermarks, etc.

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11.14.2005
The Controversy Over Sony's DRM

posted by Solveig Singleton @ 12:52 PM | DRM & Watermarks, etc.

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11. 7.2005
DRM, Free Speech, and Fair Use: Heresy!

posted by Solveig Singleton @ 10:34 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc.

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10.17.2005
Sigh...

posted by Patrick Ross @ 3:20 PM | DRM & Watermarks, etc.

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10. 6.2005
Biting The Hand That Feeds You

posted by Amy Smorodin @ 5:06 PM | DRM & Watermarks, etc.

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10. 4.2005
Unrequited Love

posted by James DeLong @ 9:42 AM | DRM & Watermarks, etc.

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09.28.2005
No More Smuggling In The Tape Recorder

posted by Amy Smorodin @ 12:15 PM | DRM & Watermarks, etc.

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09.13.2005
More on Schwartz' DReaM

posted by James DeLong @ 9:52 AM | DRM & Watermarks, etc.

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08.29.2005
Clarifying the DReaM

posted by Amy Smorodin @ 12:09 PM | DRM & Watermarks, etc.

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08.18.2005
Befriending the Enemy

posted by Patrick Ross @ 3:09 PM | DRM & Watermarks, etc.

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06.15.2005
"Casual Piracy"

posted by Patrick Ross @ 1:48 PM | DRM & Watermarks, etc.

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06.14.2005
DRM & Congress

posted by James DeLong @ 2:22 PM | DRM & Watermarks, etc.

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Self-Help--Thoughts, and An Interesting Paper

posted by Solveig Singleton @ 11:02 AM | DRM & Watermarks, etc.

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P2P Piracy and the Shoplifting Comparison

posted by Solveig Singleton @ 10:30 AM | DRM & Watermarks, etc. , Internet: P2P, Search Engines...

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06. 9.2005
Epstein on DRM & HR 1201

posted by James DeLong @ 7:06 AM | DRM & Watermarks, etc.

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04.18.2005
DRM = Consumer Choices

posted by Patrick Ross @ 11:04 AM | DRM & Watermarks, etc.

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More on iPod Interoperability

posted by Solveig Singleton @ 8:47 AM | DRM & Watermarks, etc. , Standards

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02.23.2005
Showtime and the Visigoths

posted by Patrick Ross @ 2:46 PM | DRM & Watermarks, etc.

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02.22.2005
Broadcast Flag

posted by James DeLong @ 12:55 PM | DRM & Watermarks, etc.

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01.27.2005
DRM Conference

posted by James DeLong @ 10:16 AM | DRM & Watermarks, etc.

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01. 8.2005
Antitrust Suit Against iPod

posted by Solveig Singleton @ 5:37 PM | Antitrust , DRM & Watermarks, etc.

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12.22.2004
Legit P2P, Filtering, Censorship and Privacy

posted by Solveig Singleton @ 1:37 PM | DRM & Watermarks, etc. , Internet: P2P, Search Engines... , Privacy and Security

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11. 1.2004
Sixth Circuit Rejects Lexmark's DMCA claim

posted by Solveig Singleton @ 11:26 AM | DMCA , DRM & Watermarks, etc.

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10.22.2004
The New Business Model Argument Again

posted by Solveig Singleton @ 3:25 PM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation

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10.11.2004
Write Your Own Darn Game (just for hack value)

posted by Solveig Singleton @ 8:40 AM | DRM & Watermarks, etc. , Free Culture Movement , Games

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09.20.2004
Is Digital Rights Management The Devil?

posted by Solveig Singleton @ 3:30 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc.

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