Thursday, June 26, 2008

Scholarly article on "making available"

Wired.com is hosting a scholarly article on the "making available" issue, entitled "Future Shock and the Copyright Act of 1976: Is Merely Making a Copyrighted Work Available for Digital Transmission a Violation of § 106(3)? (pdf), by Draeke Weseman, a third-year law student at William Mitchell College of Law, in Minnesota.



Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

5 comments:

Scott said...

It's scholarly, but it's quite readable. Thanks for posting the link.

Anonymous said...

You can't enforce the laws based on what you think they should be, or merely because you feel you're being harmed by the actions of others. Only the elected legislature should write laws. Unelected judges should stick to enforcing the laws as currently written, rather than try to right perceived wrongs from the bench.

{The Common Man Speaking}

IDBIIP said...

This reminds me of when we were all talking about what to subpoena from the RIAA on Slashdot & Groklaw.

In that regard, I don't remember if you asked for it, but something to ask for in future cases would be about ALL the times an ISP told the RIAA that they couldn't identify a subscriber associated with some IP.

Given that recent story about DMCA notices getting sent to printers and the shoddy collection practices ("we're not going to check that it actually *has* the file, just gather hearsay from other computers that it has a file with a hash known to be something infringing"), I would imagine that their false positive rate can be determined empirically.

At least, so long as they don't play games to misrepresent it...

Ray Beckerman said...

Dear Alter_Fritz,

In response to your offline comment regarding the "Corporate Counsel" magazine article, I have requested reprint permission so that I can put full sized pages of the article on line. Happens to be an excellent article.

Thanks for your suggestion.

Best regards

Ray

Alter_Fritz said...

k
your welcome.

ask them to give you a PDF they prepared from their printings source.
that's better then some manually page scans from a paper copy for example.

remember "perfect digital copies" that's the key ;-)