Peer-to-Peer File Sharing and Copyright Law after Napster
General IP Issues
3/8/2001; 7:57:01 PM

'This piece is meant as a general explanation of the U.S. copyright law principles most relevant to P2P file-sharing technologies. It is aimed primarily at:

• 'Developers of core P2P file-sharing technology, such as the underlying protocols, platform tools, and specific client implementations;
• 'Developers of ancillary services that depend upon or add value to P2P file-sharing networks, such as providers of search, security, metadata aggregation, and other services;
• 'Investors seeking to evaluate the potential copyright risks associated with the various ventures listed above.

'The following discussion is meant as a general introduction, and thus occasionally glosses over some of copyright law’s more subtle nuances. At the most basic level, it is aimed not at giving you all the answers, but rather at allowing you to recognize the right questions to ask your lawyers.'

Self-negating prophecy
Glossary
3/8/2001; 4:24:22 PM

Everybody's heard of a self-fulfilling prophecy... "Mr. National Anchorperson, I predict there will be a shortage of milk in the stores today, so I recommend that everybody immediately run to their local grocery store and buy all the milk they can possibly need." So of course there's a nationwide rush on milk.

Of course, self-fulfilling prophecies are not amazing when they come true; some, like the example above, would be amazing if they didn't come true. The prophecy itself has a hand in causing what it predicts.

Expert: Web gadgets threaten your privacy
Privacy from Companies
3/8/2001; 4:11:44 PM

Kind of on the theme from yesterday:

'Popular electronic gadgets with links to the Internet pose a mounting threat to consumer privacy, Richard Smith, a leading computer privacy expert, said in an interview on Wednesday.

'Such everyday "spy" devices include fitness monitors that track heart rates and pump out exercise-related advertising, digital music players that track listening habits, low-cost wristwatch and wireless surveillance cameras, as well as location-tracking mobile phones and other monitoring devices.'

Computer Programming for Everybody
Technology & Sociology
3/8/2001; 1:03:54 AM

'In the seventies, Xerox PARC asked: "Can we have a computer on every desk?" We now know this is possible, but those computers haven't necessarily empowered their users. Today's computers are often inflexible: the average computer user can typically only change a limited set of options configurable via a "wizard" (a lofty word for a canned dialog), and is dependent on expert programmers for everything else.

Survey of Intellectual Property Issues for Distance Learning
Misc.
3/7/2001; 6:38:11 PM A nice article on how IP issues are affecting educators.  I think a lot of what's mentioned applies to education in general, not just distance education. Of course, this is to be expected. While in some sense "distance education" might be moving more slowly then some predicted, a lot of "conventional classes" are taking on many aspects of distance learning. For instance, both classes I am currently taking post a lot of material online, including all class slides, sample code, project code, etc. IP issues are affecting all education.

The open PC is dead - start praying, says HD guru General IP Issues3/7/2001; 5:41:57 PM

'Hale Landis maintains the ata-atapi.com website, and has been working for open standards for twenty five years. He has been a participant in the ANSI X3/NCITS Technical Committees that developed the ATA and ATA/ATAPI standards since 1990, and works as a consultant and provider of test software. 'His chilling, deeply pessimistic view is that the good times are over. The fight for an open hardware platform is very real, and the power has swung from the PC leaders to the entertainment industry. It's a valuable strategic view from the trenches of the T.13 committee, where the fight over copy control mechanisms continues. It was posted to the private T.13 mailing list, and we cite it here with permission....'

Tag - You're Hit
Administrative
3/7/2001; 5:31:28 PM

'An estimated one-third of all shopping cart applications at Internet retailing sites have software holes that make them vulnerable to the price switching scam, said Peggy Weigle, chief executive of Sanctum, a security software company in Santa Clara, Calif....

'Here's how it works: After choosing a product and receiving pricing information, a hacker can use a standard browser's "edit page" feature to show the hidden HTML code on the page. The thief then saves the page to his computer, alters the price information and then hits the "publish" key on the browser. In many cases, that page is then accepted by the shopping cart software - and that $999 watch becomes a $3 special.'

Napster Judge Issues Injunction
Music & MP3
3/6/2001; 2:22:12 PM 'Napster has a three-day window to remove copyrighted music from its file-sharing system every time it is notified that a copyrighted song appears on its network, if it accepts the terms of an injunction issued by a federal court judge late Monday night.

'According to District Judge Marilyn Patel's injunction, Napster now has five days to outline its plans to begin policing its network. Somewhat surprisingly, the injunction also calls for splitting the responsibilities of monitoring the system between Napster and the Recording Industry Association of America.'

Napster Fallout: Privacy Loses?
Privacy from Companies
3/6/2001; 2:10:49 PM

'If Napster is ultimately ruled to be liable for copyright infringement, the frontlines of the intellectual property battle could shift to ISPs and end users. Experts say that could be bad news for online privacy....

'The Digital Millennium Copyright Act (DMCA) already exempts ISPs from any obligation to monitor their networks for copyright violations, and absolves them of liability for transient files.

Random House Sues for Rights
General IP Issues
3/6/2001; 2:03:47 PM

'Did authors sign away rights to electronic books before e-books were even invented? Random House believes so, which is why it's suing e-book publisher RosettaBooks over ownership of digital rights for eight previously published works.'

Interesting discussion, but I would anticipate Random House will win. While one cannot sign a contract without being aware of what the contract says, since the authors signed away "all rights" in all likelihood, its a bummer for the authors, but it's pretty clear what that means. (Now if they didn't sign "all rights" away, then maybe there's cause to argue, but this is really a contract case, not an electronic/Internet issue.