So where do those bootleg movies on file-sharing networks come from, exactly?

So where do those bootleg movies on file-sharing networks come from, exactly?

Er, mostly from people working in the movie industry. Here’s an interesting paper by two AT&T researchers which establishes that salutary fact. Quote:

“Our research attempts to determine the source of unauthorized copies by studying the availability and characteristics of recent popular movies in file sharing networks. We developed a data set of 312 popular movies and located one or more samples of 183 of these movies on file sharing networks, for a total of 285 movie samples. 77% of these samples appear to have been leaked by industry insiders. Most of our samples appeared on file sharing networks prior to their official consumer DVD release date. Indeed, of the movies that had been released on DVD as of the time of our study, only 5% first appeared after their DVD release date on a web site that indexes file sharing networks, indicating that consumer DVD copying currently represents a relatively minor factor compared with insider leaks.”

Thanks to Larry Lessig for the link.

Bruce Perens’s critical examination of the SCO ‘case’

Bruce Perens’s critical examination of the SCO ‘case’

Predictably, he doesn’t think much of it. Quote:

“In 1985, concerned Unix customers asked A&T to clarify that particular term of the license. A&T agreed and published the license change in the Echo newsletter that got sent to all Unix licensees in August of that year.

Explaining the change, A&T wrote that the sentence was added to assure licensees that the company would claim no ownership in the software that they developed–only the portion of the software developed by A&T.

SCO is legally bound to honor the contract and publicly stated interpretation of A&T’s terms.

SCO conveniently overlooked this change when it decided to sue IBM. As A&T’s successor in interest, SCO is legally bound to honor the contract and publicly stated interpretation of A&T’s terms. That’s why I think SCO’s major claim against IBM and Linux will fail. The remaining copyright infringement claim is that Linux makes use of the Unix API (application program interface), and that copies of several header files defining that API were included in Linux.

SCO should know there is ample case law asserting that APIs can’t be restricted and are available for all to implement under “fair use” in copyright law. ”

A Harvard case study on the political significance of Blogging

A Harvard case study on the political significance of Blogging

The Kennedy Center at Harvard has published a fascinating case study on how the Blogging community rather than the mainstream media exposed Senator Trent Lott’s speech honouring Strom Thurmond that cost him his place in the political sun. What’s interesting — and useful — about the case is that it’s exhaustively researched. Also interesting is that the PDF comes with pretty restrictive DRM measures. No cutting and pasting — even of short excerpts. Harvard is clearly not joining the Open Courseware bandwagon. Reminds me of Jay Rosen’s list of the ten differences between weblogging and traditional journalism.

GMO and IP: same story

GMO and IP: same story

“The question is as simple as this”, writes George Monbiot, in a terrific Guardian Op-Ed piece. “Do you want a few corporations to monopolise the global food supply? If the answer is yes, you should welcome the announcement that the government is expected to make today that the commercial planting of a genetically modified (GM) crop in Britain can go ahead. If the answer is no, you should regret it. The principal promotional effort of the genetic engineering industry is to distract us from this question.

GM technology permits companies to ensure that everything we eat is owned by them. They can patent the seeds and the processes that give rise to them. They can make sure that crops can’t be grown without their patented chemicals. They can prevent seeds from reproducing themselves. By buying up competing seed companies and closing them down, they can capture the food market, the biggest and most diverse market of all.”

The interesting thing about this piece is that it highlights what’s going also in Intellectual Property. We’re moving into an era when large companies want to own everything — including the human genome. And we don’t seem to have governments or electorates perceptive enough to realise what’s going on. Instead we have a lot of rhetoric about ‘consumer choice’, ‘property rights’, ‘theft’ and ‘free’ trade.

Some Like It Hot

Some Like It Hot

“OK”, says Larry Lessig, “P2P is ‘piracy’. But so was the birth of Hollywood, radio, cable TV, and (yes) the music industry”. Nice excerpt from his forthcoming book, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity.