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Licensing Agreements Now Covering 'The Universe' And Future Media Not Yet Developed
from the about-time dept
In the past, we've had a bunch of stories about TV shows being released on DVDs having to change their music to deal with the fact that it wasn't licensed for DVD release originally (often because when the TV shows were on the air, there was no such thing as a DVR -- or even a VCR -- so it couldn't even have been predicted). Then, of course, there have been a series of famous lawsuits over whether or not publications can "republish" their old magazines in electronic format, because freelancers who wrote the original articles only signed licenses for the single publication.
However, it looks like lawyers drafting such legal arrangements are beginning to recognize this as an issue and are trying to prepare for such eventual new media opportunities. Eric Goldman alerts us to a WSJ article, highlighting how phrases like "in all media, throughout the universe" are becoming increasingly common in licensing contract language. While some decry this as being imprecise and overly broad, I tend to fall on the other side of the fence. Not having those types of clauses in agreements in decades past have resulted in a lot of long and drawn out lawsuits (and old content that simply cannot be repurposed for modern media). Better to have the language seem ridiculously inclusive than lose culture to history because no one predicted the next popular format.
However, it looks like lawyers drafting such legal arrangements are beginning to recognize this as an issue and are trying to prepare for such eventual new media opportunities. Eric Goldman alerts us to a WSJ article, highlighting how phrases like "in all media, throughout the universe" are becoming increasingly common in licensing contract language. While some decry this as being imprecise and overly broad, I tend to fall on the other side of the fence. Not having those types of clauses in agreements in decades past have resulted in a lot of long and drawn out lawsuits (and old content that simply cannot be repurposed for modern media). Better to have the language seem ridiculously inclusive than lose culture to history because no one predicted the next popular format.
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Other Universes
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Re: Other Universes
That reminds me, it's time for another reading of Timeline, by Michael Crichton...
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Re: Other Universes
The Universe comprises everything that physically exists, the entirety of space and time, all forms of matter and energy, and the physical laws and constants that govern them.
Good thinking there, though.
As much as I despise lawyers, there are times when their craft nears an art form; and that one particular phrase "...in all media which presently exists or has yet to be developed or discovered, throughout the universe, in perpetuity..." rings true. It is quite exact in its phrasing.
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http://voices.washingtonpost.com/securityfix/2008/09/estdomains.html
Effectively by buying up all the items in the chain (domain registrar, hosting, IP blocks, bandwidth providers, interconnects, etc) they create a system that was almost unbreakable.
Complain about spam? Heck, complain to the host! Heck, complain to the host's host. Complain to the bandwidth provider. Complain to the IP block holder. complain to anyone - you are all complaining to the same person. All of those individual items would be considered "230 exempt", and actually getting down to the bottom and seeing who is spamming was almost impossible.
230 is blessed protection for some, it is also a great way to scam for others.
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Re:
This, like most of life's problems, can be solved with proper application of explosives.
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The Universe is not enough
Then again, some technology that is not classified as "media" will come along in the future, and make all this terminology obsolete anyway.
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Re: The Universe is not enough
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Of course, the broadest definition is likely something like "any 'tangible medium of expression' to which the law of copyright applies." But that may not be appropriate for every license, because it could surreptitiously sweep in some derivative work rights (which may not even be the author's to give).
It is interesting to me to see content publishers scrambling and spending time, effort, and money to try to remedy the fact that our broken copyright law has ugly and unintended consequences. When commercial actors are having to create private-law (ie - contract) remedies for the harshness and stupidity of public laws designed to protect the same commercial actors, isn't there a problem?
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easily stated as overly broad
meanwhile, it's important that people have to specify what they want in a contract. If it's "in the universe" why not just make it simply and say "anywhere"?
oh right, ambiguous/overbroad, same reason they're trying to make it overbroad with "universe".
Products can have iterations, derivatives specified. The more we allow this contract creep, the more it will cause further issues down the road too in copyright and patents, easily.
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What's wrong with this?
It'll be the next big commercial market and trillions will be made. Just remember in the future of Animalism, all animals will be equal, but some animals will be more equal than others.
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Re: The Universe is not enough
Then again, the government probably already has such technology but it's being suppressed from the public.
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Next up...
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Re: Other Universes
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Re: Other Universes
So company A in universe A claims copyright over item A in all universes while company B in universe B claims copyright over item A(alt) in all universes.
So who owns the copyright? does universe A supreme court have jurisdiction over universe B?
I should go watch that futurama episode where professor created all those boxes containing universes...
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Re: The Universe is not enough
All we need now is the RIAA/MPAA getting "throughout the multiverse" added to the next batch copyright laws, and I get billed for the downloading of copyrighted media.
Because in a infinite number universes at least one of me downloaded every possible song & movie created, known and unknown, in every possible format, known and unknown.
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...and God
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Good Luck with that
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Beyond the beyond...
Here's the dr kopp e wright phrase that takes it to the next level of possibility
(Gene Roddenberry, Steven Spielberg, Carl Sagan, are you listening??)
Here's the new magic phrase: "in all media throughout the universe and beyond..."
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When in the course of.....
---dr k
PS How about the eloquence of "When in the course of human events, it becomes necessary for one party to proclaim plenar rights to the expressive configurement of God's free elements....such that no other creature of God's firmament can, shall or will borrow, steal, or God Forbid, copy, said configurement now, ever or never......unless I say so, the Supreme Court says so...or it is learned that it has been in the public domain for 2000 years and is a reconfigurement of an obscure bible story. In the event a court of competent jurisdiction adjudicates to my favor and blesses my palm with Ben Franklins, 1/2 of that money will go for the public benefit through The Grammys Musicare or other such greater "artistic / creative" community benefit. This goes for my attorney too, who will donate half his fees for the greater creative good. If providence allows me to accumulate over $100 million from my creative expression, all rights to my work past that will be considered public domain after a 3 year run at exclusivity...... by the people, for the people..[the creative spirit] shall not perish from this earth."
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artful drafting
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Re: artful drafting
And therefore we shouldn't discuss them?
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