copyright

Samsung or iPhone? A screenshot worth a thousand tweets

screenshots of maps apps on Samsung and iPhone

(Okay, maybe not a thousand. But a lot!)

So last night, I saw that John Gruber had favorited one of my Flickr photos from 2008: a screenshot of the Google Maps app on the iPhone. Hmm, what was that about?

It turns out quite a bit. I found Gruber's Daring Fireball post pointing out what appears to be Samsung's alteration and reuse of a screenshot image I created in 2008. You see, three years ago I blogged about iPhone apps I thought were a big deal — "game changers." (The post was cross-posted on BlogHer, where it got noticed.) Scroll down to see my excitement then about the ever-useful maps.app, with screenshot in question.

RIAA's legal rootkit: Copy your CD to your iPod, get sued

That's right. The RIAA lawyers are claiming you cannot legally copy for your own use music you bought and paid for. Via Elisa Camahort, I returned from the holidays to read this:

The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.

"I couldn't believe it when I read that," says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation."

A Fair(y) Use Tale (NOT a Disney movie) [updated]

This is really a must-watch video, courtesy of the Media Education Foundation and the Stanford Center for Internet and Society's Fair Use Project. It's hysterically funny and spot-on. Pay close attention. Even the "FBI Warning" is not quite what it seems.

Marilyn Monroe is now in public domain

When it comes to post-mortem publicity rights, this decision is BIG:

The Southern District of New York has just issued a bombshell decision in this area. In Shaw Family Archives v. Marilyn Monroe LLC, it held that Marilyn Monroe's heirs cannot claim post-mortem publicity rights because she died before the enactment of the statute that creates them in California (and, for reasons that are not important here, Indiana). So, according to this Court, her image, likeness and persona are all in the public domain. Put it on a t-shirt. Or a bottle of wine. Use it to sell widgets. No permission necessary. (But please remember, copyrights to the photograph you might want to use are a whole spearate issue.)

Fighting piracy one Scout at a time

When it comes to digital copying of copyrighted works, the old-media conglomerates' automatic reaction has been to clamp down -- make

One would think that, with the exploding cultural, communications and market-driven phenomenon of online media, these international corporations run by very-well-paid executives would be all over it, bringing their vast libraries of creative content to new markets, leveraging their dominance in the 20th century economy into great advantage going after 21st century opportunities.

Instead, it seems their energy has gone into what Freud would call anal-retentive behavior: adding more "security seals" and un-clickable FBI and Interpol warnings to DVDS, producing slick ads propagandizing the evils of what they consider illegal copying, and, of course, suing consumers to keep them -- us -- in line.

The ownership society catches up with YouTube ... for now

YouTube is 30,000 files smaller:

The Japan Society for Rights of Authors, Composers and Publishers, found 29,549 video clips such as television shows, music videos and movies posted on YouTube's site without permission, an official from the group, Fumiyuki Asakura, said Friday.

The San Mateo, Calif.-based company quickly complied with the request to remove the copyright materials, made on behalf of 23 Japanese TV stations and entertainment companies, Asakura said.

Most videos posted on YouTube are homemade, but the site also features scores of copyright material posted by individual users. YouTube's policy is to remove such clips after it receives complaints, though some have suggested the startup eventually could be sued, especially with deep-pocketed Google Inc. about to buy it for $1.65 billion in stock.

Your customer is the customer you expect

On the current nefarious Sony anti-piracy outrage, a column in The Inquirer (UK) by Marc Ninthly highlights what I think is the biggest issue here:

My big problem is that we are not being told about these things. Decisions about the software we run on our systems – the ones we saved hard for, or stole from some drunk yuppie last night – are being made, and implemented without our consent. Now, some legal smart arse will undoubtedly point out that it was all outlined quite clearly in Section 3, paragraph 17, addendum III b of the user contract but let’s be realistic, who the hell reads that all of that mumbo jumbo in the first place? Most real people don’t and when it comes to products from big brands, I often don’t. It’s not just that it’s mind-numbingly boring, but that it’s written in a way to make it impenetrable to normal folk.

Sony temporarily halts use of crippleware, but Homeland Security still is not pleased

Nothing like lawsuits to get a response, if only for the moment.

Stung by continuing criticism, the world's second-largest music label, Sony BMG Music Entertainment, promised Friday to temporarily suspend making music CDs with antipiracy technology that can leave computers vulnerable to hackers.

Sony defended its right to prevent customers from illegally copying music but said it will halt manufacturing CDs with the "XCP" technology as a precautionary measure. "We also intend to re-examine all aspects of our content protection initiative to be sure that it continues to meet our goals of security and ease of consumer use," the company said in a statement.

Note that customer satisfaction is not mentioned. We don't even get a crocodile tear.

I must say, I find their contempt for the customer -- or, at best, disregard for customer satisfaction -- astonishes me.

More on Sony DRM and infected music CDs

Following up on what I just posted, it seems that Sony BMG is now being sued for damage their secret RootKit software has done to PCs:

Sony's now infamous decision to use system destabilizing DRM malware in order to "fight piracy" (despite it being shockingly easy to defeat) has earned Sony a lawsuit or three. A new class action suit has been filed in Los Angeles Superior Court, another is expected in New York this week, and there have been a handful of rumblings in other countries, as well.

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