johnson-eilola cccc Copyright Matters Online Johndan Johnson-Eilola Clarkson University Background image source:

johnson-eilola cccc Digital Millenium Copyright A  WIPO Treaties (including protection against circumvention of IP protection technologies)  Online Copyright Infringement Liability Limitation (online service providers)  Computer Maintenance or Repair  Miscellaneous Provisions (ephemeral recordings, webcasting, handwaving distance ed issues until TEACH Act)  Vessel Hull Design Protection Act

johnson-eilola cccc Sonny Bono Copyright Term Extension Act (no, really)  Adds 20 Years to Current Terms (retrocative)  Congressional Rep. Mary Bono: “Sonny wanted the term of copyright protection to last forever,” but added, “I am informed by staff that such a change would violate the constitution.” [She] noted that Jack Valenti, head of the Motion Picture Association of America had suggest a term of “forever less one day.” (Sind-Flor, “Breyer,” Law.com)  Supreme Court Scheduled to Hear Eldred v. Ashcroft

johnson-eilola cccc S.487: TEACH Act  Technology Education and Copyright Harmonization Expands Categories of Works That Can be Shown Online Allows Asynchronous Storage and Use in Some Cases Permits Digitization of Works for Online Use Clarifies Non-infringing Uses for Transitory Technical Duplication  Passed by Senate, Stalled in House

johnson-eilola cccc [Myth of] The Tragedy of the Commons  Hardin: “Imagine a pasture…”  Stallman: “Free as in freedom not free as in beer.  Lessig: Where’s community?

johnson-eilola cccc EULA & UCITA: End User License Agreements

johnson-eilola cccc [sucker]  … BY CHOOSING “YES” YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE  … You own the media on which the LimeWire Software is recorded but LimeWire retains the title to the LimeWire Software.  … You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the LimeWire Software in whole or part or transmit the LimeWire Software over a network.  … Use of the LimeWire Software to sell a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales is expressly forbidden

johnson-eilola cccc Move Toward Licenses  UCITA: Uniform Computer Information Transactions Act (state contract law)  Removal of Constitutional Free Speech Rights  End Run Around Fair Use  Limitations to Liability  Removal from Community  Removal of First Sale Rights

johnson-eilola cccc Microsoft FrontPage 2002 EULA “You may not use the Software in connection with any site that disparages Microsoft, MSN, NSNBC, Expedia, or their products or services, infringe any intellectual property or other rights of those parties, violate any state, federal or international law, or promote racism, hatred, or pornography.”

johnson-eilola cccc Alternatives: Open Definitions Parasitical/Parallel Moves (Appropriating Copyright)  Public Domain  Open Source  Open Text

johnson-eilola cccc Definition: Public Domain Publicly Owned Property  No Exclusive Property Rights (belongs to public)  May Be Used by Anyone  No Payment or Licensing Fee required Somewhat Difficult to Actually Do

johnson-eilola cccc Definition: Open Source Open Source  At Heart, A Develoment Methodology  Open and Free Access to Source Code  Can Integrate Open Source Software into Proprietary Software Free Software Movement  Subsequent Modifications Distributed Under Same License  Software Can be Sold, but Buyer Can Redistribute for Free

johnson-eilola cccc Definition: Open Text  Understanding “Text” as “Code”  Open Knowledge Initiative, Advanced Distributed Learning, CourseWork, OpenCourseWare  Requires an Infrastructure and Content within a Community  Lessig’s Commons Content Layer: Text and Graphics on Pages, , etc. Code Layer: TCP/IP, HTTP, etc. Physical Layer: Wires, Routers, Computers, etc.

johnson-eilola cccc CCC IP Community IP Caucus + IP Committee + Everyone Else IP Website: Dynamic, Participatory, Open Source Community

johnson-eilola cccc CCC IP Website