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All posts tagged "dmca"


Monday, July 26, 2010

Sorry Bloggers, the DMCA Will Not Crumble Here Today

Posted by Jason Dunn in "Digital Home News" @ 11:00 AM

http://blog.laptopmag.com/court-rul...ile+Technology)

"On Friday, a Federal Court of Appeals judge issued a ruling with potentially important implications for music and movie rippers. In the case of MGE UPS Systems Inc. vs GE Consumer and Industrial Inc, the court ruled that GE employees did not violate the Digital Millenium Copyright Act (DCMA) when they bypassed security dongles in order to repair some of MGE's uninterruptible power supplies."

The DMCA, the most frustrating piece of legislation ever written from a technology geek perspective, isn't going anywhere just yet. Laptop Magazine's Avram Piltch (is it me, or does that sound like the name of a Harry Potter character?) nails the issue exactly: there's no encryption being broken here. It would be akin to your DVD player at home needing a special dongle to start up, but the DVD you're putting in for playback having no encryption on it whatsoever. That's not the way things work though, and thus the DMCA hasn't been overruled. Like every other blogger writing about this, I'm not a lawyer either, but I think the judge understood exactly what he was doing with this ruling.


Thursday, June 24, 2010

Google is a Safe Harbor

Posted by Hooch Tan in "Digital Home News" @ 01:00 PM

http://mediamemo.allthingsd.com/201...romises-appeal/

"You can read all of U.S. District Court Judge Louis Stanton’s decision at the bottom of the post, where I’ve embedded the ruling. Short version: Stanton buys Google’s longstanding argument–that the Digital Millennium Copyright Act protects YouTube from Viacom’s claims. And he seems to agree with Google (GOOG) on almost every point. There’s very little in his ruling that Viacom (VIA) will be happy about."

YouTube is a busy place. Every day, thousands upon thousands of people upload all manner of videos. Some videos are exciting and interesting, some are boring, and some invariably violate one copyright or another. However, it seems as if Google cannot be held responsible for the violations as long as they follow DMCA takedown requests. I have always seen YouTube as a promotional tool. Sure, it can be used as a distribution tool as well, but fan videos often include songs or clips that get me interested in new artists or shows. It is a great discovery tool that has led me to new material that I otherwise would not have come across. I freely admit that some videos that are uploaded serve no other purpose than to violate copyright, but I believe that the promotional value might just be worth the cost of the occasional freeloader.


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