Copyright & DRM

Michael Weinberg on 3D Printing

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Michael Weinberg, staff attorney with Public Knowledge, discusses his white paper entitled, It Will Be Awesome If They Don’t Screw This Up: 3D Printing, Intellectual Property, and the Fight Over the Next Great Disruptive Technology. The discussion begins with Weinberg describing 3D printing: the process of printing three dimensional objects layer-by-layer from a digital file on a computer. According to Weinberg the design method used for printing includes programs like AutoCad and 3D scanners that can scan existing objects, making it possible to print a 3D replica. He goes on to explain why he thinks 3D printing, coupled with the Internet, is a disruptive technology. Finally, Weinberg discusses the thesis of his paper, where he anticipates industries affected by potential disruption will not compete with or adapt to this technology, but rather, will seek legal protection through IP law to preemptively regulate 3D printing.

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David Robinson on rogue websites and domain seizures

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David Robinson, a fellow at the Information and Society Project at Yale Law School, discusses his new paper, Following the Money: A Better Way Forward on the PROTECT IP Act. The bill, now being considered by Congress, targets “rouge” websites. Robinson discusses the different ways these websites host infringing content and sell counterfeit goods, as well as the remedies proposed in the bill. The measures involve two main consequences: cutting off information through the seizure of domain names by law enforcement, and cutting off financial gain by prohibiting payment processors like Visa and Mastercard from delivering profits to infringing website owners. Robinson discusses why he thinks the Act will better serve IP law if the flow of money is restricted, and not the flow of information. He goes on to discuss what he considers to be troubling about information control, including several constitutional implications.

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Annemarie Bridy on scaling copyright enforcement

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Annemarie Bridy, professor of law at the University of Idaho, and visiting associate professor of law at the University of Pittsburgh, discusses her new paper, “Is Online Copyright Enforcement Scalable?” In it she looks at the advent of peer-to-peer (P2P) file sharing and the copyright enforcement problem it has created through the lens of scalability. In solving difficult problems of scale in their effort to revolutionize the distribution of information goods, the designers of P2P networks created a problem of scale in the form of “massive infringement.” Bridy discusses how to to approach solving that new problem of scale–massive infringement. Bridy argues that the DMCA has proven to be remarkably scalable for enforcing copyrights in hosted content but has altogether failed to scale in the context of P2P file sharing, leading to the dysfunctional workaround of mass John Doe litigation. She discusses alternatives to mass litigation, including dispute resolution systems and “three strikes” proposals.

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Kembrew McLeod on copyright and hip-hop sampling

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Kembrew McLeod, independent filmmaker and Associate Professor of Communication Studies at the University of Iowa, discusses his new documentary with Benjamin Franzen called Copyright Criminals. Digital music sampling is used throughout several genres of music but it is probably most prominent in hip-hop music. Hip-hop artists like Run-DMC began using snippets of other artists’ songs to create sounds of their own. This process, according to McLeod, helped facilitate creativity, but it also brought a flurry of lawsuits within the music industry. Now, as McLeod demonstrates in his documentary, artists are hesitant to use samples of music in their songs because they fear potential legal consequences, and as a result, a lot of musical creations that use sampling may never reach our ears.

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Pamela Samuelson on codifying the Google Books settlement

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Pamela Samuelson, the Richard M. Sherman Distinguished Professor of Law at Berkeley Law School, discusses her new article in the Columbia Journal of Law & the Arts entitled, Legislative Alternatives to the Google Book Settlement. Samuelson discusses the settlement, which was ultimately rejected, and highlights what she deems to be positive aspects. One aspect includes making out-of-print works available to a broad audience while keeping transaction costs low. Samuelson suggests encompassing these aspects into legislative reform. The goal of such reform would strike a balance that benefits rights holders, as well as the general public, while generating competition through implementation of a licensing scheme.

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Larry Downes on IP enforcement online

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Larry Downes, who writes for CNet, blogs at Forbes.com and the Technology Liberation Front, and is the author of several books, including most recently, The Laws of Disruption, discusses enforcement of intellectual property rights online. Downes talks about the Protect IP Act, a bill recently introduced into Congress that aims to curtail infringement of intellectual property rights online by so-called rogue websites. Downes argues that forcing intermediaries to blacklist domain names has the potential to “break the internet.” He discusses how the rogue website problem could better be addressed and how the proposed bill could be improved.

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Jessica Litman on reclaiming copyright for readers

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Jessica Litman, professor of law at the University of Michigan Law School and one of the country’s foremost experts on copyright, discusses her new essay, Reader’s Copyright. Litman talks about the origins of copyright protection and explains why the importance of readers’, viewers’, and listeners’ interests have diminished over time. She points out that copyright would be pointless without readers and claims that the system is not designed to serve creators or potential creators exclusively. Litman also discusses differences in public and private protections and talks about rights that should be made more explicit regarding copyright.

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Tyler Cowen answers your questions

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Tyler Cowen, professor of economics at George Mason University, general director of the Mercatus Center, and founder of the popular economics blog Marginal Revolution, answers questions from Surprisingly Free listeners and Marginal Revolution readers. Cowen discusses why people will be appalled that we ever questioned intrusive searches by TSA, what should have been done to minimize unemployment and other harm from the financial crisis, how the “famous American formula” for good government is broken, what might force us to sit around opening cans of dog food with our teeth, and which global sites should be connected by Stargate portals to create the most value. He also asks, “Why read books?”, speculates about the value of his blog, addresses price discrimination of chicken McNuggets, talks about a modern day Athens in Asia with good food, suggests that internet comments are a relatively harmless form of stupidity, and opines about the best thing that government does.

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Kimberley Isbell on news aggregators

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Kimberley Isbell, a fellow at the Berkman Center for Internet and Society working as a staff attorney with the Citizen Media Law Project, discusses legal implications of news aggregators. The rise of aggregators amid the transformation of news and journalism spurred Rupert Murdoch to label news aggregation “theft.” In her recent paper, Isbell classifies various types of news aggregators and examines their roles in light of copyright, fair use, and hot news misappropriation doctrines. She notes that courts have yet to decide key aspects of the issue, but legal rules that promote flexibility and free access to information are needed to ensure a productive and innovative future for news.

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Adrian Johns on Piracy

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Adrian Johns, professor in the Department of History at the University of Chicago, expert on the history of science and the history of the book, and author of the new book, Piracy: The Intellectual Property Wars from Guttenberg to Gates, discusses the history of intellectual property and piracy. He discusses origins of copyright law in London, the first pirates, and today’s digital piracy. He also addresses the future of books and potential tipping points that could prompt changes in copyright law, citing the Google Books project and pharmaceuticals in the developing world.

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