A belated happy 3rd birthday to LawMeme!
LawMeme went public July 2, 2001 with this post on facial recognition technology: Tampa uses cameras to scan for wanted faces. Since then, there have been more than 1500 posts on LawMeme. Three years might not seem like a long period of time, but to my knowledge, LawMeme was the first official law school blog, thanks to Prof. Jack Balkin, the Information Society Project and all the people who have posted, worked on it, read it and commented on it over the years. Congrats and many thanks to LawMeme and the LawMeme crew!
Below are some of what I consider the more popular and/or noteworthy posts from the past few years. There are many other great posts, but these are just a few that stand out in my memory.
On Copyright: Top Ten New Copyright Crimes
The First Academic Blawg (and possibly, blog) Conference: Revenge of the Blog
On Privacy: James Grimmelmann's Accidental Privacy Spills: Musings on Privacy, Democracy, and the Internet
On Contract: James Grimmelmann's Google replies to SearchKing lawsuit
On Spam: Rebecca Bolin's Incredible Series LawMeme: Spam
On Biometrics: Fingerprint Follies and the Superman/Clark Kent Biometric Conundrum
On Annotations: Silly Things Directors Say
On the DMCA: Analysis of BNETD and Blizzard
On Gaming: James Grimmelmann's On the Second Life Tax Revolt
On Filesharing: Compulsory Licensing - The Death of Gnutella and the Triumph of Google
First post to get mainstream press notice: US Wields $ Not Law to Censor Satellites
FCC Chairman Michael Powell has launched a blog [As Dave Barry would say: I'm not making this up] (Michael Powell Joins the Blogosphere). So what does the chairman have to say in his first post? Well, he reiterates his commitment to deregulation, that is, when it doesn't upset entrenched interests too much.
Our struggle to define appropriate regulatory regimes to promote innovation is not limited to the telephone sector. The Commission's digital television transition is yet another example of how difficult the struggle can be.Yeah, the broadcast flag is really going to promote innovation. Why, just think of the useless technology developed because television was an open platform! To borrow some concepts from Prof. Frink, "I predict that, if the FCC were in charge of developing the VCR, that within 100 years a VCR will record twice as much programming, be 10,000 times larger, and so expensive that only the five richest moguls in Hollywood will own them."
For example, I need to hear from the tech community as we transition to digital television. It may be possible to deploy innovative wireless services in the unused spectrum between broadcast stations (for example, there is no channel 3 or channel 6 here in San Francisco)...Broadcasters, however, claim these unused channels as "their" spectrum. Yet a public policy that favors innovation and experimentation would seek to open these unused channels to develop new wireless services…just look at how much value has been created in the sliver of spectrum that has become Wi-Fi! If the high-tech community believes that new digital technologies will enable this kind of new thinking about and use of spectrum, then I need to know that.*ahem* Chairman Powell, it may be possible to deploy innovative television services based upon an open television platform. Broadcasters, however, claim that they must control and direct development of a closed platform, that the platform is "theirs" and requires a "broadcast flag." Yet a public policy that favors innovation and experimentation would seek to open the platform to develop new services…just look at how much value has been created in the open analog television platform! Many in the high-tech community believe that new digital technologies will enable this kind of new thinking about and use of an open television platform. *ahem*
Regulated interests have about an 80 year head start on the entrepreneurial tech community when it comes to informing regulators what they want and need, but if anyone can make up for that, Silicon Valley can. This is important not just for Silicon Valley—it's essential to insure that America has the best, most innovate communications infrastructure.You know, unless it upsets Hollywood. Because Hollywood will ensure that America has the best, most innovative communications infrastructure.
via JD Lasica
UPDATE
Jeff Jarvis has some harsh words for Powell's "blog" (Daily Stern - July 9, 2004).
This story is a few days old, but I'm pretty sure similar stories will become more and more common as time goes by. Gadget blog engadget reports a case of VoIP spam, or what they call uneuphoniously "vam" (let's hope that phrase doesn't catch on) (Get ready for vam, or voice spam). Apparently, VoIP provider Vonage dropped a voicemail directly into engadget's voicemail inbox. Now, this is not something anyone outside Vonage could probably do (we hope), but it does point out the potential of spamming in many different communication channels as our connectivity becomes ever more decentralized.
Some months ago, Teleread asked the Kerry Campaign for some statements on copyright policy (such as whether Kerry supports the Sonny Bono Copyright Term Extension Act and DMCA), but got blown off. A recent post probably explains why (New Hollywood millions for John Kerry: Copyright implications?). The New York Times (reg. req.) reports on a recent Kerry fundraiser in Hollywood (Streisand Sings, Kerry Smiles):
In an event that was part Woodstock ("for really, really rich people," Mr. [Billy] Crystal said), part red carpet and part Gridiron dinner, an A-list of Hollywood celebrities shared the stage in the architectural splendor of Disney Hall to raise a show-stopping $5 million for Senator John Kerry and the Democratic National Committee.Sigh...
Today, Alan Turing, one of the formative giants of the computer age, a man who saved many lives during WW2 and helped ensure victory for the Allies, would have been 92. That is, if he hadn't been hounded to suicide by government homophobes.
via BoingBoing
Thanks to the folks at the Entertainment Software Association, I'll be attending the E3 Expo this coming Wednesday - Friday. I plan to write some reports on the expo focusing on issues of interest to this blog. If any readers plan to attend as well, drop me a note.
Veteran tech journalist JD Lasica has nearly completed writing a new book on the personal media revolution entitled, Darknet: Remixing the Future of Movies, Music and Television. Taking the lessons he learned in writing the book to heart, he is using the new media revolution to help him with the book itself. Like another author/pioneer, Dan Gillmor, JD is giving the public an opportunity to assist him in writing the book by making it available for public editing. JD has helpfully provided both a blog, Darknet Blog, and a wiki, Darknet Wiki.
Donna Wentworth has made her blog, Copyfight, a must-read since its beginning. That is why I am honored to join her and some most excellent colleagues in continuing Copyfight as a group blog. I will be posting along with Elizabeth Rader, Jason Schultz, Aaron Swartz, and Wendy Seltzer. Read the greeting message: Copyfight--the Expanded Edition. The blog description:
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development and technological innovation that creates--and will recreate--the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.
I'll continue to post here, of course, especially my longer pieces.
George Pake, scientist and founder of Xerox PARC, has died (PARC founder George Pake dies):
Pake led the research lab from its inception in 1970 until 1978, then moved on to oversee Xerox's corporate research from 1978 until 1986. PARC helped pioneer research into many key technologies, including laser printing, Ethernet, graphical user interfaces and client-server computing.
Ed Felten writes about the Freedom to Tinker, "the right of technologists and citizens to tinker with technological devices." Anyone who has ever pulled something apart and tried, successfully or not, to put it back together understands the freedom Felten is talking about. While Felten focuses mainly on the legal and policy issues, there is now a blog (not associated with Felten) dedicated to practical examples of the "Freedom to Tinker," though Felten might not like the name too much.
mehack describes itself thus:
extend, personalise, break, poke, peek, learn. hacking hacking hacking. ever had that desire to pop open your tivo, your xbox, cell phone, or your car? ever wanted to know what the hardware and software hackers are up to? this is what mehack is all about.
we all know the frustration in discovering that there isn't something out there that does exactly what you want it to do. we've all fantasized about doing it ourselves, or taking something off the shelf and modding it. we're going to be tracking people, projects that are doing both -- we're interested in those that take the "hell with it, i'll just build it" attitude, and we're interested in those that buy those things off the shelf and pop them open to coerce them into doing what they want. and we're interested in the tools they use too.
our agenda is simple -- we want to learn from others. we're not interested in doing anything destructive. and we're not interested in piracy. we just want things that we can hack on. and most of all, we want to make it simple for people like you to start building.
There are already some good posts on the hecklebot, audiotron api, and playing with linksys access points upping the firmware.
Add it to your RSS feed when adding the new gadget blog, engadget.
via PVR Blog
The Director General of the World Intellectual Property Organization met with copyright maximalist and president of the MPAA Jack Valenti last Tuesday and issued a press release (WIPO and MPA Discuss Value of Copyright Industries and Effective Enforcement of IP Rights). The big news? WIPO has recognized Jack with a WIPO Medal and a Citation for Distinguished Service. This isn't surprising since, rather than being an international forum simply for IP harmonization, WIPO is an organization promoting copyright maximization worldwide. See, Medium-Term Plan for WIPO Program Activities - Vision and Strategic Direction of WIPO:
The main objectives of the Medium-term Plan, as expressed in the past remain constant: maintenance and further development of the respect for intellectual property throughout the world. This means that any erosion of the existing protection should be prevented, and that both the acquisition of the protection and, once acquired, its enforcement, should be simpler, cheaper and more secure.
Why wouldn't WIPO give a medal to Jack Valenti? Seems as if Jack wrote WIPO's mission statement. My only hope is that they are giving Jack a medal because he will be retiring very soon.
Late last week Hewlett Packard Chief Executive Carly Fiorina declared that starting this year all HP digital entertainment products will use software that respects the copyrights of artists. In other words, HP would become one of the leading proponents of DRM (HP Goes Off the Rails).
This week, Fiorina is celebrating the fact that HP raked in the bucks selling Linux-related products and services in 2003, according to a C|Net News article (Linux brings in $2.5 billion for HP). HP is selling Linux-based collections of hardware and software, as well as thin clients that plug into central Linux servers. Revenues for Linux-related products and services in 2003 increased $500 million or 25% over 2002. Sounds like a nice, healthy, growing business to be in.
Apparently, not a business HP really wants to see take off, however. Someone at HP should inform Fiorina that DRM and Linux don't work too well together.
Here's an idea Fiorina: the heck with sucking up to Hollywood; start selling Linux-based digital entertainment products to consumers. Who wouldn't want a central Linux server that sends multimedia to a bunch of thin clients throughout the house?
If you are interested in digital crime, you are going to participate in or attend Yale Law School's Information Society Project's conference on cybercrime: Digital Cops in Virtual Environment - CyberCrime and Digital Law Enforcement Conference.
The Information Society Project at Yale Law School is pleased to announce its upcoming conference on Cybercrime and Digital Law Enforcement entitled: "Digital Cops in Virtual Environment," which will take place on March 26-28, 2004 at Yale Law School.
This ground-breaking conference will bring together policy makers, security experts, law enforcement personnel, social activists and academics to discuss the emerging phenomena of cybercrime and law enforcement. The conference will question both the efficacy of fighting cybercrime and the civil liberties implications arising from innovations in law enforcement methods of operation.
During this weekend-long conference, a distinguished group of experts will discuss how a shift to a digital environment: (1) changes the crime scene; (2) facilitates the commission of new types of crimes; (3) leads to radical changes in law enforcement methods; (4) equips law enforcement with new tools of surveillance, technological design and risk sorting systems; (5) presents challenges for the legal process; and (6) introduces new forms of social resistance through hacktivism and counter-surveillance.
Things must really be bad at Hewlett-Packard since CEO Carly Fiorina sounds quite desperate in her keynote speech at CES as C|Net News reports (Fiorina calls for defense of digital rights). How strange the spectacle of a major computer manufacturer calling for an all out war on what computers enable:
"[Copyright infringement is] illegal and wrong, and there are things we as a computing company can do" to prevent it, Fiorina said.
The HP chief added that starting this year all HP digital entertainment products will use software that respects the copyrights of artists. The company will actively promote copyright protection and step up efforts with antipiracy and consumer groups [which consumer groups would those be?], she said.
Does Fiorina think that by saying these things it will make her and her company more popular with the beautiful people of Hollywood, with the in crowd? Hollywood has never respected the tech industry; as far as Hollywood is concerned technology exists to increase their profits, period. To the extent that the technology industry has different ideas, Hollywood sues and legislates against it. Would there be PCs or an internet if Hollywood were in charge? Yet this is the group that is now giving Fiorina their approval:
In a show of support for HP's stance, Fiorina was joined on stage by Interscope Geffen A&M Records Chairman Jim Iovine as well as artists Dr. Dre, U2 guitar player The Edge, Sheryl Crow, Alicia Keys, Toby Keith and other music executives.
Such celebrity worship is simply sad. Even worse is the schizophrenia evidenced by the next line of the article:
HP also provided a glimpse of new products that would allow for easier use of digital media.
Since when has DRM made the use of digital media "easier"? All DRM systems that I've worked with have only served to increase frustration. And what is this "allow"? A subtle reference to the fact that DRM "allows" one to do what would otherwise be considered a right?
Apparently, HP will happily be used by Hollywood for some mythical short term gain in the consumer electronics market. Consumer electronics is a viciously competitive market. Yet HP seeks to thrive in this marketplace by ceding control of the future of HPs primary market (computers) to Hollywood. This is the epitome of a sucker's deal, one the shareholder's of HP will regret.
HP sells really nice computers, which are essentially being commoditized. So what do they do? Seek partnerships with content companies. Brilliant strategy - not!
The writer of one of my favorite blogs, Furdlog, is honored with the first annual Joseph Nemec ESD Educational Excellence Award (Dr. Frank Field Honored). Congratulations!
Just a quick note from The State of Play: Games, Law and Virtual Worlds.
The developers and people behind the US Army recruiting/education game America's Army are well-represented. I asked one of them whether they were developing a version of America's Army for use on the Xbox through Xbox Live. Seemed like an obvious extension of what they were doing to me. His response? Quite seriously, "I can neither confirm nor deny." I'll take that as a qualified, "yes," although it will be interesting to see how the US Army gets along with Microsoft's proprietary Xbox Live network.
Just an annoucement ... I am able to receive email, but I cannot send it currently. So, if you have emailed me in the last couple of days, please be patient.
EFF has announced that DMCA-threatened company 321 Studios will donate $25 (up to $1,000,000) for every copy of DVD X Copy Platinum or Lite-On DVD burner sold through the 321 website or their retail location in the St. Louis Galleria Mall. Read the press release: 321 Studios Advocates Fair Uses in Digital Copyright Law. I think this is a great model for supporting challenged technologies. Hopefully other technology companies will take similar supportive measures.
For those who don't know, I'm a prior enlisted Marine and graduating from boot camp is one of things I am still most proud of.
Larry Lessig reports sad news (extraordinarily sad news). Noted copyright scholar and historian Ray Patterson has passed away. I never met him, but his writings have certainly informed my thinking about copyright and I would highly suggest his work to anyone interested in copyright issues. He will be missed.
George Mason University Economics professor Tyler Cowen has a pretty good take on the music industry mergers, I think (New music merger?):
This is a desperation merger in a fading industry. The real "industry sector" includes file sharing, once you count that, and the accompanying zero price, the concentration issues do not look so bad. On the other hand, shareholders should not worry if they don't get regulatory approval. I would expect a mess more than any significant cost savings, as the merger does not address the underlying problems faced by either company.
via The Bottom Line
The New York Times (reg. req.) has an informative article on new attempts at measuring the effectiveness of internet marketing (Measuring Online Ad Effectiveness). The new systems don't simply measure click-throughs and other basics like sales, but "online consumer trial rates and consumer awareness via Internet inquiries."
I wonder what would happen if they applied such techniques to television - such as through TiVo? Everyone seems to complain about the effectiveness of internet advertising, but how effective, really, is television advertising?
DocBug went to the 7th IEEE International Symposium on Wearable Computers and all he got was this lousy implant.
DocBug, aka Bradley Rhodes and an expert in Intelligence Augmentation, has provided some highlights of this years conference on his blog (Wearable Computing Conference Highlights). Highlights include a keynote on implantables, memory glasses and a sociometer. Interesting stuff.
This is completely unrelated to technology, IP, or any of the usual stuff I like to blog about. Just thought I would note that thanks to the tragic fires here in Southern California, it is currently raining ash at my home. I haven't seen an ash rain since I witnessed an eruption of the Sakurajima Volcano in Japan about seven years ago.
The New York Post is reporting that Jack Valenti is stepping down as head of the MPAA, probably by the end of the year (Tauzin May Take on Hollywood). Rep. Billy Tauzin (R - LA) will be taking over. There is no official confirmation, but Hillary Rosen says this is a done deal.
After 37 years as head of the MPAA, at least Valenti is going out on a high note, with most of Hollywood ticked off at him for the screener ban. bIPlog comments on Valenti's apparent agelessness (Billy Tauzin is Taking Over for Jack Valenti).
