Getting Ripped Off by Copy-Protected Cds;Note
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CPI Antitrust Chronicle May 2013 (2)
CPI Antitrust Chronicle May 2013 (2) Rethinking A Digital First Sale Doctrine In A Post- Kirtsaeng World: The Case For Caution John Villasenor Brookings Institution & University of California, Los Angeles www.competitionpolicyinternational.com Competition Policy International, Inc. 2013© Copying, reprinting, or distributing this article is forbidden by anyone other than the publisher or author. CPI Antitrust Chronicle May 2013 (2) Rethinking A Digital First Sale Doctrine In A Post- Kirtsaeng World: The Case For Caution John Villasenor1 I. INTRODUCTION In 1908, the Supreme Court articulated the first sale doctrine, holding in Bobbs-Merrill Co. v. Straus2 that a copyright owner’s “right to vend” did not include the right “to control all future retail sales.” The doctrine was codified in the Copyright Act of 19093 and again in §109(a) of the Copyright Act of 1976, which states: Notwithstanding the provisions of section 106(3) the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.4 §109(a) has generally been interpreted to apply to digital works only to the extent the material object containing a lawfully made copy is physically transferred pursuant to a sale or other disposition.5 For example, the owners of lawfully made movie DVDs and music CDs are free to sell them on eBay or donate them to a library. In addition, there is nothing in the language of §109(a) that would prohibit the sale of a storage device such as an iPod containing songs that were lawfully purchased (as opposed to licensed) and downloaded. -
Private Copying
Private Copying Roberto Camerani, Nicola Grassano, Diego Chavarro, Puay Tang This is an independent report commissioned by the Intellectual Property Office (IPO) Intellectual Property Office is an operating name of the Patent Office © Crown copyright 2013 2013 1 Private Copying Contents Summary 3 Music industry analysis 6 Film industry analysis 12 Publishing industry analysis 17 Software industry analysis 22 Appendix A – Terms and Conditions of Music sellers 27 Appendix B – Terms and Conditions of Books sellers 31 Appendix C – A Note on the construction of the software database 33 3 Private Copying Summary This study was commissioned by the UK IPO to collect data on whether and how four copyright industries – music, film, publishing and software – have (or not) adopted private copying measures, and on whether the price of the products in the UK reflect a right to private copying. The data Music: The dataset consists of 18,958 observations including albums in several formats (digital files, CDs, Vinyl discs, audio cassettes, etc.). The analysis covers 17,272 albums and focused on digital albums and CDs (for which details on number of tracks were available). Film: The dataset contains 3,515 products, which includes both digital films and films embedded in physical media (Blu-ray discs, DVDs, and VHS). The dataset also covers bundles, i.e. packages in which the same film is offered in multiple formats, and which may also include the possibility to download a digital copy of the film. Books: 2,071 observations on books (534) and e-books (1,537) sold by five online retailers: Amazon, GooglePlay, iTunes, Kobo and Waterstones, selected according to top-100 sales and review lists. -
A Critique of the Digital Millenium Copyright Act's
THINKPIECE ACRITIQUE OF THE DIGITAL MILLENIUM COPYRIGHT ACT’S EXEMPTION ON ENCRYPTION RESEARCH: IS THE EXEMPTION TOO NARROW? VICKY KU I. INTRODUCTION.................................................................. 466 II. PART I: WHAT IS ENCRYPTION RESEARCH? ABRIEF HISTORY470 III. PART II: OVERVIEW OF SECTION 1201(A)(1) OF THE DMCA474 A. WHAT DOES IT SAY?.................................................... 474 B. WHAT WAS ITS INTENDED PURPOSE? .......................... 474 C. WHAT IS THE PURPOSE OF 1201(G)? ........................... 475 IV.PART III: IMPACT OF SECTION 1201(G) OF THE DMCA ON ENCRYPTION RESEARCH .................................................. 485 A. WHO IN THE ACADEMIC COMMUNITY HAS BEEN AFFECTED? .................................................................................. 485 V. PART IV: PROPOSED CHANGES TO THE DMCA.................. 488 VI.CONCLUSION ..................................................................... 489 Jointly reviewed and edited by Yale Journal of Law & Technology and International Journal of Communications Law & Policy. Author’s Note. 466 YALE JOURNAL OF LAW &TECHNOLOGY 2004-2005 ACRITIQUE OF THE DIGITAL MILLENIUM COPYRIGHT ACT’S EXEMPTION ON ENCRYPTION RESEARCH: IS THE EXEMPTION TOO NARROW? VICKY KU Section 1201(g) of the Digital Millennium Copyright Act (DMCA) is offered as an exemption for encryption research.1 However, the drafting of the exemption contradicts the purpose of copyright legislation under the terms of the Constitution, which is based upon the idea that the welfare -
Care and Handling of Cds and Dvds
A GUIDE FOR LIBRARIANS AND ARCHIVISTS Care and Handling of CDs and DVDs by Fred R. Byers, October 2003 Council on Library and Information Resources National Institute of Standards and Technology Care and Handling of CDs and DVDs A Guide for Librarians and Archivists by Fred R. Byers October 2003 Council on Library and Information Resources Washington, DC ii iii About the Author Fred R. Byers has been a member of the technical staff in the Convergent Information Systems Division of the Information Technology Laboratory at the National Institute of Standards and Technology (NIST) for more than six years. He works with the Data Preservation Group on optical disc reliability studies; previously, he worked on the localization of defects in optical discs. Mr. Byers’ background includes training in electronics, chemical engineering, and computer science. His latest interest is in the management of technology: he is currently attending the University of Pennsylvania and expects to receive his Executive Master’s in Technology Management (EMTM) degree in 2005. Council on Library and Information Resources The Council on Library and Information Resources is an independent, nonprofit organization dedicated to improving the management of information for research, teaching, and learning. CLIR works to expand access to information, however recorded and preserved, as a public good. National Institute of Standards and Technology Founded in 1901, the National Institute of Standards and Technology is a nonregulatory federal agency within the Technology Administration of the U.S. Department of Commerce. Its mission is to develop and promote measurement, standards, and technology to enhance productivity, facilitate trade, and improve the quality of life. -
1 in the SUPERIOR COURT of FULTON COUNTY STATE of GEORGIA DONNA CURLING, an Individual; ) ) COALITION for GOOD ) GOVERNANC
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA DONNA CURLING, an individual; ) ) COALITION FOR GOOD ) GOVERNANCE, a non-profit corporation ) organized and existing under Colorado ) Law; ) ) DONNA PRICE, an individual; ) ) JEFFREY SCHOENBERG, an individual; ) ) LAURA DIGGES, an individual; ) ) WILLIAM DIGGES III, an individual; ) ) RICARDO DAVIS, an individual; ) ) Plaintiffs, ) ) v. ) CIVIL ACTION ) FILE NO.: 2017cv292233 BRIAN P. KEMP, in his individual ) capacity and his official capacity as ) Secretary of State of Georgia and ) Chair of the STATE ELECTION BOARD; ) DEMAND FOR ) JURY TRIAL DAVID J. WORLEY, REBECCA N. ) SULLIVAN, RALPH F. “RUSTY” ) SIMPSON, and SETH HARP, in their ) individual capacities and their official ) capacities as members of the STATE ) ELECTION BOARD; ) ) THE STATE ELECTION BOARD; ) ) RICHARD BARRON, in his individual ) capacity and his official capacity as ) 1 Director of the FULTON COUNTY ) BOARD OF REGISTRATION AND ) ELECTIONS; ) ) MARY CAROLE COONEY, VERNETTA ) NURIDDIN, DAVID J. BURGE, STAN ) MATARAZZO and AARON JOHNSON ) in their individual capacities and official ) capacities as members of the FULTON ) COUNTY BOARD OF REGISTRATION ) AND ELECTIONS; ) ) THE FULTON COUNTY BOARD OF ) REGISTRATION AND ELECTIONS; ) ) MAXINE DANIELS, in her individual ) capacity and her official capacity as ) Director of VOTER REGISTRATIONS ) AND ELECTIONS FOR DEKALB ) COUNTY; ) ) MICHAEL P. COVENY, ANTHONY ) LEWIS, LEONA PERRY, SAMUEL ) E. TILLMAN, and BAOKY N. VU ) in their individual capacities and official ) capacities as members of the DEKALB ) COUNTY BOARD OF REGISTRATIONS ) AND ELECTIONS; ) ) THE DEKALB COUNTY BOARD OF ) REGISTRATIONS AND ELECTIONS; ) ) JANINE EVELER, in her individual ) capacity and her official capacity as ) Director of the COBB COUNTY ) BOARD OF ELECTIONS AND ) REGISTRATION; ) ) PHIL DANIELL, FRED AIKEN, JOE ) PETTIT, JESSICA BROOKS, and ) 2 DARRYL O. -
Twelve Major Broadcast Groups to Form
UltraViolet CES Coverage Report January 10, 2012 Prepared for: Digital Entertainment Content Ecosystem (DECE) 521 Fifth Avenue • 8th Floor • New York, NY 10175 • Tel: 212-986-6667 • Fax: 212-986-8302 • www.braincomm.com UltraViolet CES Announcement Coverage Report Announcement Date: January 10, 2011 Coverage to Date: January 6, 2012 . Home Media Magazine, “Rovi Adds Streaming, UltraViolet to Storefront” . Communications Technology, “Rovi Stocks Expanded Entertainment Store” . Advanced Television, “Rovi enhances OTT solution” . RapidTVNews, “Rovi opens storefront to OTT entertainment” . The Verge, “Neustar Catalyst lets any retailer sell UltraViolet digital movies” January 8, 2012 . GigaOM, “Akamai seeks to bring UltraViolet to every device” . Streaming Media, “Akamai Announces UltraViolet Solution at CES” January 9, 2012 . Associated Press, “Hollywood's UltraViolet to make its way to TVs” . USA Today, “Blu-ray grows, but DVD slide nips home video sales” . Los Angeles Times, “CES 2012: Rovi lets movie fans convert DVDs to digital files for a fee” . Variety, “UltraViolet: The story so far” . Variety, “Warner Bros. Flixter pacts with Viera smart TVs” . Variety, “Rovi service links with cloud” . PC Magazine, “Put Your DVDs in the Cloud with 'Digital Copy'” . CNET, “Netflix bows out of studios' UltraViolet group” . Mashable, “Flixster Lets You View Your Movie Collection On Select Panasonic Devices” . Broadcasting & Cable, “UltraViolet Blooms” . Multichannel News, “CES: NBC To Deliver 2012 Olympics In 3D With Panasonic” . Home Media Magazine, “Rovi Bows ‘Cloud’ Access to DVD and Blu-ray Disc Movies” . Home Media Magazine, “Panasonic and Timberlake Promote Connected TV at CES” . Deadline.com, “Panasonic Will Add Flixster App To Web Connected TVs And Blu-ray Players: . -
The Anti-Circumvention Amendments to the Hong Kong Copyright Ordinance
Learning the Hard Way: The Anti-Circumvention Amendments to the Hong Kong Copyright Ordinance Robert S. Rogoyski* The 2007 Hong Kong Copyright Amendment Ordinance was passed as part of continuing efforts to balance the interests of copyright owners with the public benefits that flow from the use of copyrighted works. The anticircumvention provisions in the ordinance, closely modeled on the U.S. Digital Millennium Copyright Act (DMCA), create a complex new regime that regulates the circumvention of copy and access controls to copyrighted works, and contains a set of narrow exceptions for some scientific research. Both the specific text of the amendments, and U.S. experience with similar provisions in the DMCA give rise to serious concerns about the potential effects of this legislation. The anticircumvention amendments threaten fair dealing rights in Hong Kong because they unduly expand the power of copyright owners to control the actual use of their works, rendering fair dealing rights moot. Although the amendments provide exceptions for cryptography and security testing, the wording of the exceptions is problematic, and U.S. experience with very similar provisions in the DMCA shows that they will nevertheless chill legitimate research and harm consumers. I. INTRODUCTION ................................................................................... 36 II. THE CO ANTICIRCUMVENTION AMENDMENTS POSE A SERIOUS THREAT TO FAIR DEALING RIGHTS IN HONG KONG ............ 37 A. How Can This Be? ................................................................... -
Copy Protection
Content Protection / DRM Content Protection / Digital Rights Management Douglas Dixon November 2006 Manifest Technology® LLC www.manifest-tech.com 11/2006 Copyright 2005-2006 Douglas Dixon, All Rights Reserved – www.manifest-tech.com Page 1 Content Protection / DRM Content Goes Digital Analog -> Digital for Content Owners • Digital Threat – No impediment to casual copying – Perfect digital copies – Instant copies – Worldwide distribution over Internet – And now High-Def content … • Digital Promise – Can protect – Encrypt content – Associate rights – Control usage 11/2006 Copyright 2005-2006 Douglas Dixon, All Rights Reserved – www.manifest-tech.com Page 2 1 Content Protection / DRM Conflict: Open vs. Controlled Managed Content • Avoid Morality: Applications & Technology – How DRM is impacting consumer use of media – Awareness, Implications • Consumers: “Bits want to be free” – Enjoy purchased content: Any time, anywhere, anyhow – Fair Use: Academic, educational, personal • Content owners: “Protect artist copyrights” – RIAA / MPAA : Rampant piracy (physical and electronic) – BSA: Software piracy, shareware – Inhibit indiscriminate casual copying: “Speed bump” • “Copy protection” -> “Content management” (DRM) 11/2006 Copyright 2005-2006 Douglas Dixon, All Rights Reserved – www.manifest-tech.com Page 3 Content Protection / DRM Content Protection / DRM How DRM is being applied • Consumer Scenarios: Impact of DRM – Music CD Playback on PC – Archive Digital Music – Play and Record DVDs – Record and Edit Personal Content • Industry Model: Content -
Digital Rights Management
Journal of Intellectual Property Rights Vol 9, July 2004, pp 313-331 Digital Rights Management: An Integrated Secure Digital Content Distribution Technology P Ghatak, R C Tripathi, A K Chakravarti Department of Information Technology, Electronics Niketan, 6, CGO Complex, New Delhi-110 003 Received 5 December 2003 The ability to distribute copyrighted works in digital form through high capacity prere- corded disks (CD ROMs, DVDs etc.) and Internet-enabled transmissions have brought new challenges to the protections of such content from unauthorized copying and use. Technological advancements in this regard are reviewed. Despite the ease with which digital content owners can now transfer data, images, music, video and multimedia documents across the Internet, cur- rent technology does not let them protect their rights to the works, which has resulted into wide- spread music and video piracy. In fact, although the Internet permits widespread dissemination of digital content, the easy-to-copy nature of digital data limits content owners’ willingness to distribute their documents electronically. Digital Rights Management (DRM) technology is a key enabler for the distribution of digital content. DRM refers to protecting ownership/copyright of electronic content by restricting the extent of usage an authorized recipient is allowed in re- gard to that content. DRM technology has historically been viewed as the methodology for the protection of digital media copyrights. But DRM technology products can be leveraged to ad- dress much larger issues, including the control of rights and usage permissions of content and digital information. DRM presents the opportunity to package, price, distribute and sell content in many new ways that have never been possible before. -
Online Redeem Chm for Ipad
BUY: Purchase $25 (excluding tax) of participating products in one transaction between 05/23/2021– 07/10/2021. Retain your receipt. Third party trademarks used herein are trademarks of their respective owners. RECEIVE: Submissions are reviewed within 2-5 business days. Once your submission has been validated, you will receive an email with a link to choose your Reward. WHEN YOU BUY $25 (EXCLUDING TAX) OF PARTICIPATING PRODUCTS** IN ONE TRANSACTION BETWEEN 05/23/2021– 07/10/2021. UPLOAD: Take a photo of your entire receipt showing the qualifying item(s) starred or, for online purchases, take a screenshot of your shipping, pickup or delivery confirmation. Visit www2.activaterewards.com/summersworth, enter your information and submit the photo or screenshot, as applicable, by 07/10/2021. The Visa Rewards Virtual Account can be redeemed at every internet, mail order, and telephone merchant everywhere Visa debit cards are accepted. The Visa Rewards Card can be +91-22-25116741 used everywhere Visa debit cards are accepted. No ATM access. No Cash Access. The [email protected] Virtual Account and Rewards Card are issued by MetaBank, N.A., Member FDIC, pursuant to a license from Visa U.S.A. Inc. This optional offer is not a MetaBank, nor Visa, product or service nor does MetaBank, nor Visa, endorse this offer. Limits and restrictions apply. Visit our community blood centers in Illinois, Indiana, Michigan and Wisconsin. When you purchase your Blu-ray disc or DVD at Vudu, you will get a redemption code in the package. With this code, you can redeem the digital copy of the movie you purchased and play the movie on HDTVs, tablets, smartphones and your PC. -
1 Comment Of
Comment of: Edward W. Felten Professor of Computer Science and Public Affairs J. Alex Halderman Department of Computer Science 35 Olden Street Princeton, NJ 08544 Princeton University Represented by: Deirdre K. Mulligan Director Aaron Perzanowski Law Clinic Intern Samuelson Law, Technology & Public Policy Clinic Boalt Hall University of California 346 North Addition Berkeley, CA 94720-7200 Office of the General Counsel U.S. Copyright Office James Madison Memorial Building, Room LM-401 101 Independence Avenue, SE. Washington, DC 20559-6000 December 1, 2005 Re: RM 2005-11 – Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies I. Proposed Class Of Works We respectfully request an exemption to § 1201(A)(1)(a) for sound recordings and audiovisual works distributed in compact disc format and protected by technological measures that impede access to lawfully purchased works by creating or exploiting security vulnerabilities that compromise the security of personal computers. The creation of security vulnerabilities includes running or installing rootkits or other software code that jeopardize the security of a computer or the data it contains. The exploitation of security vulnerabilities includes running or installing software protection measures without conspicuous notice and explicit consent and failing to provide a permanent and complete method of uninstalling or disabling the technological measure. 1 II. Summary of Argument Technological measures protecting works distributed on Compact Discs have been found to pose unreasonable security risks to consumers’ personal computers, corporate and government networks and the information infrastructure as a whole. Vulnerabilities inherent in widely distributed CD protection measures create the potential for a frightening range of abuses. -
Cd Ripping Guide
CD RIPPING GUIDE for an average user Nikola Kasic Ver.7.0, March 2007 INTRODUCTION The time has come for me to rip my CD collection and put it on my home server. Actually, I tried to do it an year ago and was hit by the complexity of the subject and postponed it for some later time. I simply wasn't ready to dig deeply enough to master offsets, cue sheets, gaps and other issues. I thought it's just a matter of putting CD in the drive, choose file format and click button, and being overwhelmed with technical issues/choices I just gave up, being scared that if I make a wrong choice I'll have to re-rip all my collection later again. I don't consider myself an audiophile. My CD collection is about 150-200 CDs and I don't spend too much time listening music from CDs. My hi-fi (home theater) equipment is decent, but doesn't cost a fortune and has a dedicated room. However, it's good enough to make it easily noticeable when CD has errors, or music is ripped at low bitrate. Therefore, I prefer that equipment is limiting factor when enjoying music, rather then the music source quality. My main reason for moving music from CDs to files might sound strange. I had DVD jukebox (Sony, 200 places) which I was filling with CDs and only a few DVDs and really enjoyed not having to deal with CDs and cases all over the place. They were protected from kids and I had photo album with sleeves where I was storing CD covers, so it was easy to find disc number in jukebox.