The Law Isn't Quite Ready For Cloud Computing

from the that-could-be-a-problem dept

Michael Scott points us to an interesting discussion among some lawyers trying to grapple with the implications of a rise in "cloud computing." For example, they note that courts usually don't take kindly to excuses such as "the hard drive ate my documents" when certain documents are unable to be found during the discovery process. But, if people are using a cloud computing solution such as Google Docs, this could actually be an issue. Google's terms of service allows it to cancel accounts and delete documents -- and someone who relies on a system like that only to find out later that he or she needs to hand over documents as a part of a court case may be in trouble. Of course, I don't see how this should be any different than any other "out of my hands" issue. What if a fire destroys paper documents? Or should the problem be that the user didn't make backup copies? The problem here isn't necessarily cloud computing itself, but the way the law views the discovery process.

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Canadian Recording Industry Puts Out Copyright Law FAQ... Which Gets Almost Everything Wrong

from the that's-what-we-call-propaganda dept

The Canadian Recording Industry Association (CRIA) -- which is basically just a front for the RIAA -- has been pushing hard for increasingly strict copyright laws in Canada, for no good reason (or, rather, entirely made up reasons). To date, the group has had trouble getting the laws passed, as the public has been quick to speak up in defense of user rights -- something that few politicians seem interested in protecting. However, Michael Geist points out that the CRIA isn't stopping, and has put out a copyright reform FAQ. However, what's amazing is that almost every "answer" in the FAQ appears to be wrong. In talking about what copyright is, it only talks about the rights of the content creator, and not the user, nor the fact that copyright law has always been designed to "balance" both sets of rights. It also claims (incorrectly again) that "piracy" (loaded word) is no different than shoplifting, despite the fact that any ounce of logic would tell you the two are quite different -- even if both may break the law.

But, perhaps the most stunning claim is the one where the CRIA actually claims that it's "piracy" that has caused record stores to shut down, rather than the shift to buying (legally) things online:

Q: Does copyright piracy put your job at risk? A: Yes. Canadians who work in the copyright-related industries have seen numerous job losses - from the artists who create music to truck drivers who deliver CDs and DVDs to retailers. Since the advent of widespread P2P file sharing 10 years ago, retail sales of music have declined by more than half; this has forced ongoing job reductions and slashed funds available for Canadian artist development.

Does the CRIA actually think anyone believes that P2P file sharing is the reason for this? I don't do any file sharing at all, but haven't set foot in a physical "record store" in years -- because I buy all my CDs online (and, yes, I still buy CDs). To claim that the end of physical retailing can be blamed on file sharing is simply ridiculous.

You can read through the link above to see the other "questions and answers" including, Geist's refuting nearly every single one. What's sad, though, is that some in the press, and many politicians, will start using these as talking points as if they're factual.

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Oregon Using Copyright Law To Prevent Other Sites From Publicizing Oregon Law

from the just-as-the-law-intended dept

Well here's a story about copyright that's so bizarre it makes you think that there must be a mistake somewhere -- but it seems to be completely true. Apparently, Oregon is complaining to sites like Justia (which publish public domain legal documents) that they are violating copyright by republishing some of Oregon's laws. The state admits that the text of the laws are not covered by copyright, but that everything else about the way the law is presented is covered by copyright (such as the numbering, the notes and annotations). This is an accurate portrayal of copyright law, which does allow such things to be covered by copyright (though, the "numbering" part seems questionable), but it's difficult to see how the state could possibly get upset that someone is trying to better publicize Oregon's laws. The state does make one good point: Justia adds its own copyright notice to the text, which is bad form, but was probably just a template issue. Either way, it's difficult to see what Oregon could possibly gain in trying to force copies of its laws off of public resource legal sites.

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Australian High Court Judge Recognizes That Technology Outpaces The Law

from the recognizing-the-obvious dept

One of the key themes around here for a while has been that technology has a way of making certain laws either obsolete or antithetical to their intended purposes. Often, however, lawyers, judges and politicians have a difficult time recognizing this. That's why it's at least somewhat encouraging to see Australian High Court Judge Justice Kirby publicly recognizing that computer code tends to make laws obsolete or meaningless. "It was a good moral and ethical principle to keep people's control over the usage that was made of the information... And then along came Google and Yahoo. And when the new technology came, there was a massive capacity to range through vast amounts of information. The notion that you could control this was a conundrum." However, while he does realize that technology can make laws obsolete, his solution is still to push for more laws: "To do nothing is to make a decision to let others go and take technology where they will. There are even more acute questions arising in biotechnology and informatics, such as the hybridization of the human species and other species. Points of no return can be reached." It's an interesting point -- though, he doesn't exactly explain what those points of no return are (at least not in the article that quotes him), and why the law would do a better job preventing those points from being reached than technology itself. In some ways, this is merely echoing Larry Lessig's concept that "code is law," though Lessig better recognized that trying to regulate technology with regulations was likely to be a lot less effective than regulating technology with technology.

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