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<title>Techdirt. Stories filed under &quot;permission&quot;</title>
<description>Easily digestible tech news...</description>
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<image><title>Techdirt. Stories filed under &quot;permission&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 16 May 2013 12:52:53 PDT</pubDate>
<title>AT&amp;T Continues To Mock The Concept Of Net Neutrality; This Time With Google Hangouts Block</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130516/10513523106/att-continues-to-mock-concept-net-neutrality-this-time-with-google-hangouts-block.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130516/10513523106/att-continues-to-mock-concept-net-neutrality-this-time-with-google-hangouts-block.shtml</guid>
<description><![CDATA[ The big telcos (AT&T and Verizon) have been trying to move more and more to wireless networks over wired networks, in large part because they've realized that, for whatever reason, the FCC more or less gave them pretty free rein to completely ignore net neutrality concepts on their wireless networks.  So it really shouldn't come as much of a surprise to see that AT&T has responded to the latest Google Hangouts app, which replaces the standard Google Talk app, by <a href="http://www.theverge.com/2013/5/15/4335262/google-hangout-video-chats-dont-work-on-att-cellular-connections-but-why" target="_blank">blocking video while on a cellular connection</a> on Android phones (oddly, it works on iPhones).  As you may recall, AT&T actually got into <a href="http://www.techdirt.com/blog/wireless/articles/20120717/15395619734/att-may-try-to-charge-facetime-users-raising-net-neutrality-questions.shtml">trouble</a> for doing the same thing with FaceTime on the iPhone.  AT&T's statement about this, as given to The Verge, parses its words very carefully, as if they think everyone is a complete moron:
<blockquote><i>
 All AT&T Mobility customers can use any video chat app over cellular that is not pre-loaded on their device, but which they download from the Internet.<b> For video chat apps that come pre-loaded on devices, we offer all OS and device makers the ability for those apps to work over cellular</b> for our customers who are on Mobile Share, Tiered and soon Unlimited plan customers who have LTE devices. It's up to each OS and device makers to enable their systems to allow pre-loaded video chat apps to work over cellular for our customers on those plans. 
</i></blockquote>
The whole focus on "pre-loaded" apps was how AT&T tried to <a href="http://www.techdirt.com/blog/wireless/articles/20120822/11243320124/att-tries-to-tapdance-around-net-neutrality-regulations.shtml">tap dance</a> around net neutrality questions last year with FaceTime.  And it's completely made up and bogus.
<br /><br />
Basically, they're saying if you want to do video, you have to ask permission.  That's a broken system.  It goes against what makes the internet good and useful: the fact that you can innovate without permission.  A mobile carrier -- one who may see video chat apps as competition, for example -- being able to act as a gatekeeper to block the usefulness of such apps is a dangerous situation for those who believe in promoting innovation.  We shouldn't stand for an internet where one company gets to pick what you're allowed to do.
<br /><br />
And, just to cut this off before anyone brings up a really silly argument to defend AT&T: yes, bandwidth on mobile broadband networks is somewhat more limited (though not as limited as they would have you believe).  But, these networks, for the most part, have all done away with unlimited accounts anyway.  So if people use up all their broadband quota on video calls, that should be their own decision.  AT&T has already made pricing decisions that limit bandwidth to consumers, so further limiting their choice in apps makes no sense on top of that.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130516/10513523106/att-continues-to-mock-concept-net-neutrality-this-time-with-google-hangouts-block.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130516/10513523106/att-continues-to-mock-concept-net-neutrality-this-time-with-google-hangouts-block.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130516/10513523106/att-continues-to-mock-concept-net-neutrality-this-time-with-google-hangouts-block.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>you-need-permission-to-innovate-on-our-network</slash:department>
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<pubDate>Wed, 13 Mar 2013 09:57:13 PDT</pubDate>
<title>Disappointing: Tim Berners-Lee Defends DRM In HTML 5</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130313/03554322310/disappointing-tim-berners-lee-defends-drm-html-5.shtml</link>
<guid>http://www.techdirt.com/articles/20130313/03554322310/disappointing-tim-berners-lee-defends-drm-html-5.shtml</guid>
<description><![CDATA[ We recently wrote about the truly stupid idea of <a href="http://www.techdirt.com/articles/20130129/09264821815/truly-stupid-ideas-adding-drm-to-html5.shtml">building DRM into HTML5</a>.  At SXSW this week, web inventor Tim Berners-Lee was asked about this, and he surprisingly <a href="http://boingboing.net/2013/03/10/tim-berners-lee-the-web-needs.html" target="_blank">defended the decision</a>, claiming that it was necessary to get companies to use HTML5:
<blockquote><i>
During a post-talk Q&#038;A, he defended proposals to add support for "digital rights management" usage restrictions to HTML5 as necessary to get more content on the open Web: "If we don't put the hooks for the use of DRM in, people will just go back to using Flash," he claimed. 
</i></blockquote>
Berners-Lee is so good on so many issues (most of his talk seemed to be about the importance of openness) that this response really stands out as not fitting with his general view of the world.  Cory Doctorow has <a href="http://www.guardian.co.uk/technology/blog/2013/mar/12/tim-berners-lee-drm-cory-doctorow" target="_blank">responded eloquently to TBL</a>, explaining why he should be against the DRM proposal.
<blockquote><i>
What's more, DRM is wholly ineffective at preventing copying. I suspect Berners-Lee knows this. When geeks downplay fears over DRM, they often say things like: "Well, I can get around it, and anyway, they'll come to their senses soon enough, since it doesn't work, right?" Whenever Berners-Lee tells the story of the Web's inception, he stresses that he was able to invent the Web without getting any permission. He uses this as a parable to explain the importance of an open and neutral Internet. But what he fails to understand is that DRM's entire purpose is to require permission to innovate.
<br /><br />
For limiting copying is only the superficial reason for adding DRM to a technology. DRM fails completely at preventing copying, but it is brilliant at preventing innovation. That's because DRM is backstopped by anti-circumvention laws like the notorious US Digital Millennium
Copyright Act of 1998 (DMCA) and the EU Copyright Directive of 2002 (EUCD), both of which make it a crime to compromise DRM, even if you're not breaking any other laws. Effectively, this means that you have to get permission from a DRM licensing authority to add any features, since all new features require removing DRM, and the DRM license terms prohibit adding any features not in the original agreement, and omitting any of the mandatory restrictions featured in that agreement.
</i></blockquote>
Doctorow makes two other key points in this: (1) that the W3C (the standards setting body for HTML5) has an enormous role in keeping the web free and open -- and imposing DRM is abusing the trust it has built up and will backfire badly and (2) that the big content players who insist they "need" DRM are bluffing.
<blockquote><i>
As the leading standards-setting body for the Web, the W3C has an enormous, sacred and significant trust. The future of the Web is the future of the world, because everything we do today involves the net and everything we'll do tomorrow will require it. Now it proposes to sell out that trust, on the grounds that Big Content will lock up its "content" in Flash if it doesn't get a veto over Web-innovation. That threat is a familiar one: the big studios promised to boycott US digital TV unless it got mandatory DRM. The US courts denied them this boon, and yet, digital TV continues (if only Ofcom and the BBC had heeded this example before they sold Britain out to the US studios on our own high-def digital TV standards).
<br /><br />
Flash is already an also-ran. As Berners-Lee himself will tell you, the presence of open platforms where innovation requires no permission is the best way to entice the world to your door. The open Web creates and supplies so much value that everyone has come to it &#8211; leaving behind the controlled, Flash-like environs of AOL and other failed systems. The big studios need the Web more than the Web needs big studios.
</i></blockquote>
The Big Content guys have been seeking to remake the web in their image (i.e., "TV") for over a decade now, still believing that <i>they're</i> the main reason people get online.  They're not.  There's room for them within the ecosystem, but professional broadcast-quality content is just a part of the system, not the whole thing. If the world moves to HTML5 without DRM, the content guys will whine about it... and then follow.  Especially as the more knowledgeable and forward-looking content creators jump in and succeed.<br /><br /><a href="http://www.techdirt.com/articles/20130313/03554322310/disappointing-tim-berners-lee-defends-drm-html-5.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130313/03554322310/disappointing-tim-berners-lee-defends-drm-html-5.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130313/03554322310/disappointing-tim-berners-lee-defends-drm-html-5.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>he-should-know-better</slash:department>
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<pubDate>Mon, 25 Feb 2013 03:37:14 PST</pubDate>
<title>Uber's CEO: Innovators Shouldn't Have To Ask For Permission Or Forgiveness</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20130130/18445721832/ubers-ceo-innovators-shouldnt-have-to-ask-permission-forgiveness.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20130130/18445721832/ubers-ceo-innovators-shouldnt-have-to-ask-permission-forgiveness.shtml</guid>
<description><![CDATA[ We've written a bunch about the disruptively innovative transportation company <a href="http://www.techdirt.com/blog/?company=uber">Uber</a>, which has been running into regulatory issues with multiple local regulators.  Andy Kessler recently had a fantastic <a href="http://online.wsj.com/article/SB10001424127887324235104578244231122376480.html" target="_blank">interview with Travis Kalanick, Uber's CEO</a>, concerning the regulatory battles he keeps running into.  If you've followed Uber over time, very little in the interview will be surprising.  It tells of Kalanick's past -- he was sued for $250 billion at one point for running Scour.com, an early file sharing site -- but also of his belief that these regulations are protectionism for legacy industries.
<br /><br />
One bit that struck me however, was his response to Kessler posing an expected question concerning Uber's penchant for launching first and dealing with the regulatory fallout later (well, and reaping the publicity rewards of complaining about being stifled by regulations):
<blockquote><i>
When I suggest to Mr. Kalanick that Uber, in the fine startup tradition, was using the "don't ask for permission, beg for forgiveness" approach, he interrupts the question halfway through. "We don't have to beg for forgiveness because we are legal," he says. "But there's been so much corruption and so much cronyism in the taxi industry and so much regulatory capture that if you ask for permission upfront for something that's already legal, you'll never get it. There's no upside to them."
</i></blockquote>
I think this is actually pretty important.  There's been plenty of talk about the importance of permissionless innovation and permissionless creativity.  That is very important.  But, somehow, we rarely talk about the flipside, which is that those engaged in creating wonderful and innovative things also should be proud of what they're doing, rather than feeling like they need to ask forgiveness for upsetting the apple cart.  Disruption is a messy business, but in the end it creates tremendous benefits for nearly everyone (except those who relied on the old way, and refused to change).  It's great to see a company like Uber leading the way.<br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20130130/18445721832/ubers-ceo-innovators-shouldnt-have-to-ask-permission-forgiveness.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20130130/18445721832/ubers-ceo-innovators-shouldnt-have-to-ask-permission-forgiveness.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20130130/18445721832/ubers-ceo-innovators-shouldnt-have-to-ask-permission-forgiveness.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-innovate</slash:department>
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<pubDate>Fri, 18 Jan 2013 18:31:00 PST</pubDate>
<title>Jonathan Coulton Publicly Shames Fox For Copying His Arrangement In Glee</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130118/15021521732/jonathan-coulton-publicly-shames-fox-copying-his-arrangement-glee.shtml</link>
<guid>http://www.techdirt.com/articles/20130118/15021521732/jonathan-coulton-publicly-shames-fox-copying-his-arrangement-glee.shtml</guid>
<description><![CDATA[ We've talked about <a href="http://www.techdirt.com/blog/?tag=jonathan+coulton">Jonathan Coulton</a> and his embrace of the internet and new business models plenty on Techdirt -- as well as his <a href="http://www.techdirt.com/articles/20120322/02414218194/musician-jonathan-coulton-i-value-internet-lot-more-than-record-industry.shtml">nuanced arguments</a> concerning copyright infringement.  He's not "pro-piracy," but recognizes that the overall growth of the internet that has resulted in more infringement has also created tremendously valuable tools and services that made his music career <i>possible</i>.  Thus, recognizing that the two things go <a href="http://www.techdirt.com/articles/20120121/16551717500/jonathan-coulton-destroys-rationale-behind-megaupload-seizure-with-single-tweet-follows-up-with-epic-blog-post.shtml">hand in hand</a>, he notes that it's better in the long run.  So what does he do when someone infringes on his rights?  Well, he goes public.
<br /><br />
As some have noted, Coulton has <a href="http://www.slate.com/blogs/browbeat/2013/01/18/jonathan_coulton_glee_and_baby_got_back_did_fox_steal_the_arrangement.html" target="_blank">called out Fox for apparently copying his arrangement</a> of Sir Mix-a-Lot's "Baby Got Back" in the TV show <i>Glee</i>.  You can see <a href="http://www.youtube.com/watch?feature=player_embedded&v=MCWaN_Tc5wo" target="_blank">his version</a> here:
<center>
<iframe width="420" height="315" src="http://www.youtube.com/embed/MCWaN_Tc5wo" frameborder="0" allowfullscreen></iframe>
</center>
And then there's the <a href="http://www.youtube.com/watch?feature=player_embedded&v=Yww4BLjReEk" target="_blank">Glee version</a>, which is quite similar, and includes a few of Coulton's own additions:
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/Yww4BLjReEk" frameborder="0" allowfullscreen></iframe>
</center>
Yes, his is a cover song, but he introduced some variations that appear to be directly copied in Glee.  Is there a potential copyright claim here?  Well, that depends -- and the copyright law here is complex.  You can cover a song by paying compulsory license fees, and Fox likely did that to whoever holds the copyright on the original.  But they copied specific changes (and possibly the music) that Coulton added, which could potentially be covered by his own copyright (of course, whether or not he registered them could also impact what he could do about it).  And let's not even get into the issue of things like sync licenses for video, and the (still open) question of whether or not Glee actually used part of Coulton's own recording.
<br /><br />
In the end, though, almost none of that probably <i>matters</i>.  Because Coulton seems unlikely (we hope) to go legal here.  Instead, he's just going with the public shame route -- with a simple <a href="https://twitter.com/jonathancoulton/status/292304798999539712" target="_blank">tweet about the situation</a>, which has set off "the internet" to help him make his case and embarrass Fox and Glee.
<blockquote><i>
Internet sleuths immediately went to work on the question, creating <a href="http://youtubedoubler.com/?video1=MCWaN_Tc5wo&start1=0&video2=Yww4BLjReEk&start2=0&authorName=FAV">side-by-side comparisons</a> of the audio (which are <em>very</em> convincing) and even unearthing an official Fox version of the as-yet-unreleased single in the <a href="https://itunes.apple.com/se/album/baby-got-back-glee-cast-version/id592420108">Swedish iTunes store</a>. While the track is not currently available in the American store, gaming blog Kotaku claims that it &#8220;<a href="http://kotaku.com/5977149/glee-egregiously-rips-off-jonathan-coulton">was available earlier and was pulled by Fox</a>.&#8221; Despite calls from Twitter and multiple media organizations, the network has yet to make a statement as of this afternoon, but, all things considered, it&#8217;s looking pretty bad for <em>Glee</em>.
</i></blockquote>
Of course, as a public storm of support rises behind Coulton, it seems likely that Fox/Glee producers will step up, apologize and probably cut Coulton a check of some sort.  All of that seems a lot more efficient -- and it didn't require copyright law at all.  Just a bit of public shaming for a bad actor.  Of course, just imagine if the situation had been reversed, and Coulton was caught making use of a News Corp.-owned song.  In that case, you'd have to imagine that the cease and desist letters and lawyers would have popped up quite quickly....<br /><br /><a href="http://www.techdirt.com/articles/20130118/15021521732/jonathan-coulton-publicly-shames-fox-copying-his-arrangement-glee.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130118/15021521732/jonathan-coulton-publicly-shames-fox-copying-his-arrangement-glee.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130118/15021521732/jonathan-coulton-publicly-shames-fox-copying-his-arrangement-glee.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>social-mores</slash:department>
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<pubDate>Wed, 11 Jul 2012 11:45:00 PDT</pubDate>
<title>The Real Battle: Permission vs. Innovation; Lawyers vs. Innovators</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20120711/02293319659/real-battle-permission-vs-innovation-lawyers-vs-innovators.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20120711/02293319659/real-battle-permission-vs-innovation-lawyers-vs-innovators.shtml</guid>
<description><![CDATA[ <a href="https://twitter.com/binarybits/statuses/222783894037086208" target="_blank">Tim Lee</a> points us to a really interesting blog post by Dave Alpert, which looks at the <a href="http://www.techdirt.com/articles/20120710/09531219647/dc-dumps-bill-to-force-uber-into-high-prices-complains-that-bill-was-to-help-uber.shtml">Uber dispute</a> in Washington DC as the conflict of two modes of thinking: <a href="http://greatergreaterwashington.org/post/15520/in-uber-fight-silicon-valley-washington-philosophies-clash/" target="_blank">the permission model favored by lawyers and politicians</a> vs. the innovation model favored by techies and entrepreneurs (and, yes, that's a generalization which does not apply across the board).  The post goes way beyond just the Uber dispute to talk about patents, and how they turn a permissionless innovation system into the opposite.  The whole thing is great, but here's a quick snippet:
<blockquote><i>
But there is still a culture gap here. Specifically, there are two ways of thinking about how business meets law: the permission model and the innovation model. In one, there's some gatekeeper that has set out a list of things you can do and things you can't. If you want to do something different that nobody has done, you can get permission from that gatekeeper to allow it, if it has enough merit and/or you have enough influence. In the other, you can do what you want, unless it's so harmful that someone takes action to stop you...
<br /><br />
[...] Patents turn an innovation system into a permission system by carving up the space of possible things you could do but haven't yet, and giving them to anyone who comes along and pays a fee to grab that piece of idea land. Patents don't stop someone from building a product, but they do force them to check with everyone who has patents in the area first and get their permission. 
<br /><br />
That impedes someone from building a better website that effectively competes with an existing one. It even stops organizations like transit agencies from doing the mostly-obvious, like letting riders track trains and buses in real time, because a "patent troll" has the patent and wants to extract money from anyone stepping nearby.
<br /><br />
A number of technology/<wbr>policy/</wbr><wbr>economics writers, like Tim Lee, have been talking about the destructive effects of patents for some time, but running into resistance from an interesting quarter: lawyers. It seems that most lawyers, accustomed to the world of law where everything is set up with a rule, find the permission system of patents <a target="_blank" href="http://www.forbes.com/sites/timothylee/2012/06/24/social-distance-and-the-patent-system/">more familiar and comfortable</a> than the innovation model. The problem is, familiar doesn't mean good; patents are slowing down Silicon Valley and favoring large, established companies.
</wbr></i></blockquote>
We've seen (and made) similar arguments in the past about the difference between gatekeeping and innovation, but Alpert's writeup lays it out quite nicely and is a worthwhile read.  Check it out.
<br /><br />
It certainly explains the general clash between entrepreneurs and innovators and any regulatory body they seem to come up against.  It's not just a disagreement about the best way to handle things, it's a conflict of totally different paradigms.  That can make for much louder clashes and much more confusion.  But not much actual innovation.
<br /><br />
Part of this really may just be a hammer/nail problem.  Politicians have a single real tool: regulation.  So that's the tool they always use, in the belief that it will lead to innovation.  But, innovation doesn't work by following rules, but by ripping apart the rulebook, and showing that the rules don't make sense.  It goes beyond just a clash of cultures to a fundamentally different view of how innovation works.<br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20120711/02293319659/real-battle-permission-vs-innovation-lawyers-vs-innovators.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20120711/02293319659/real-battle-permission-vs-innovation-lawyers-vs-innovators.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20120711/02293319659/real-battle-permission-vs-innovation-lawyers-vs-innovators.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>which-one-works-better</slash:department>
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<pubDate>Thu, 14 Jun 2012 01:05:00 PDT</pubDate>
<title>Fair Use/Fair Dealing Doesn't Require Payment Or Permission</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120613/03090519298/fair-usefair-dealing-doesnt-require-payment-permission.shtml</link>
<guid>http://www.techdirt.com/articles/20120613/03090519298/fair-usefair-dealing-doesnt-require-payment-permission.shtml</guid>
<description><![CDATA[ It continues to amaze me just how much people can't get their heads around the rather basic concept of fair use (or, as some countries prefer, fair dealing).  Howard Knopf has a blog post, talking about a Canadian university that, for reasons that make no sense, has included in its "copyright guidelines" the claim that <a href="http://excesscopyright.blogspot.ca/2012/06/repeat-after-me-fair-dealing-does-not.html" target="_blank">it pays an annual fee</a> to Canadian copyright collection society Access Copyright (currently involved in a bit of a <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=access+copyright&#038;eid=&#038;tid=&#038;aid=&#038;searchin=stories">controversy</a> concerning its fees) to cover "fair dealing" copying. 
<br /><br />
However, as Knopf writes, this makes no sense:
<blockquote><i>
This, of course, reflects a serious misunderstanding. If the copying is &#8220;fair dealing&#8221;, it is unnecessary to pay Access Copyright or anyone else for copying it. 
</i></blockquote>
The whole point of fair use/fair dealing is that it allows you to make use of works without permission or payment.
<br /><br />
And yet it's very, very difficult for some people to comprehend this.  For example, we were recently sent an email from someone who didn't like that we quoted a story that he had written, first saying that it did not meet <i>his</i> definition of fair use.  I wrote back (nicely, I thought) explaining why our use was fair (we only used a small portion of the text, we added significant commentary on top of it, etc.).  This person wrote back saying that he was very upset that we failed to "negotiate" with him, and until we came to a mutually agreed upon definition of fair use, we were no longer "permitted" to quote anything he has written.
<br /><br />
I'm really not quite sure how to respond to such people, because explaining to them what fair use is seems to only make them more upset.  The whole point of fair use is that we don't need permission.  We certainly don't need to come to a mutually agreed upon definition of what that person considers fair use (since he outright rejected my definition, despite my offer to send citations showing that my definition is the legal one).  Once you're talking about permission or negotiating, you're no longer talking about fair use.
<br /><br />
Of course, in this case, there is a fairly simple solution: even though we legally can, I've instructed everyone here to simply never use this site as a source again, since the site's owner apparently would prefer not to have our traffic.  That's got nothing to do with "fair use" however...<br /><br /><a href="http://www.techdirt.com/articles/20120613/03090519298/fair-usefair-dealing-doesnt-require-payment-permission.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120613/03090519298/fair-usefair-dealing-doesnt-require-payment-permission.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120613/03090519298/fair-usefair-dealing-doesnt-require-payment-permission.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-things-work</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120613/03090519298</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 25 Apr 2012 11:25:00 PDT</pubDate>
<title>The Chilling Effects Of Copyfraud: Blocking A Researcher From Fair Use... And Scaring Him Into Staying Quiet About It</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120419/18163418570/chilling-effects-copyfraud-blocking-researcher-fair-use-scaring-him-into-staying-quiet-about-it.shtml</link>
<guid>http://www.techdirt.com/articles/20120419/18163418570/chilling-effects-copyfraud-blocking-researcher-fair-use-scaring-him-into-staying-quiet-about-it.shtml</guid>
<description><![CDATA[ I recently came across yet another story of copyfraud, but due to the nature of our litigious society and the way in which certain companies over-aggressively defend their rights, I need to prevent many of the details from being explained here, and have had to anonymize nearly everything.  A family friend recently published a very interesting research paper on a popular topic.  To demonstrate a certain point in the paper, he found a perfect image from a book that was published over 50 years ago.  Again, to avoid identifying the situation, I cannot provide any more info, other than to say that this the image represented a <i>tiny</i> portion of a much larger work -- and that its usage <i>without a doubt</i> met all of the criteria of a typical fair use defense.  The use was for non-profit educational purposes, it was a tiny part of a much larger work (and, in many ways, an inconsequential piece of that larger work, even if it was perfect for the point being demonstrated).  The effect on the market for the original work was at worst <i>nil</i>, and at best positive, in that it might cause people to seek out the original work.  In my review, it appears that the original work is now long out of print, and it is available only by collectors at an extremely high price.  Thus, the use of the work is not for this person's financial benefit, and has absolutely no impact on the original publisher.
<br /><br />
Even so, because we unfortunately live in a society where it's been drilled into our heads that you must get permission (even if the entire purpose of the fair use doctrine is for situations like this where no permission is needed), my friend reached out to the very, very large and well known conglomerate that holds the copyright on the original.  He explained what he wanted to do and why, very clearly and concisely.  The company's response was actually quite friendly, all things considered, and the person who responded appears to reject his request regretfully, noting that she is "in the unenviable position" of having to say no.  The reasoning, the letter states, is that the work is protected by intellectual property laws and that the company "must be constantly vigilant and sometimes stringent in exercising control over their use."
<br /><br />
There are significant problems with this.  The whole point of fair use, again, is that these kinds of uses <i>do not need permission</i>.  Furthermore, while trademark law does require some level of "vigilance," the same level of vigilance is <i>not</i> required for copyright law, and it is entirely possible to turn a blind eye to such usage and not lose the powers that copyright grants.  Finally, there would be no harm at all in allowing this or even granting the guy a simple license.  That would take away nothing from the company's IP rights.
<br /><br />
But the bigger issue to me is actually the chilling effects that this situation has had.  After sharing all of these details with me, I asked if he would be okay with me publishing the story with the full details.  And he refused.  Despite recognizing the near certainty of winning any legal dispute (as well as the fact that it is unlikely he would actually get sued), the very small risk alone is too much to bear.  The idea that a massive global conglomerate might suddenly choose to sue this guy for some non-profit research he did out of personal interest -- just because of a single graphic to (humorously) illustrate a single point -- just isn't worth it.  And that's the classic tale of a chilling effect of copyright law.  Scaring people into not speaking up or not presenting their story.<br /><br /><a href="http://www.techdirt.com/articles/20120419/18163418570/chilling-effects-copyfraud-blocking-researcher-fair-use-scaring-him-into-staying-quiet-about-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120419/18163418570/chilling-effects-copyfraud-blocking-researcher-fair-use-scaring-him-into-staying-quiet-about-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120419/18163418570/chilling-effects-copyfraud-blocking-researcher-fair-use-scaring-him-into-staying-quiet-about-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>chilling-effects</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120419/18163418570</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 1 Feb 2012 19:34:46 PST</pubDate>
<title>Lomax Jukebox Going Digital Is Great News... But Let's Not Forget That He Claimed Copyright On Cultural Works That Weren't His</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120201/00472317614/lomax-jukebox-going-digital-is-great-news-lets-not-forget-that-he-claimed-copyright-cultural-works-that-werent-his.shtml</link>
<guid>http://www.techdirt.com/articles/20120201/00472317614/lomax-jukebox-going-digital-is-great-news-lets-not-forget-that-he-claimed-copyright-cultural-works-that-werent-his.shtml</guid>
<description><![CDATA[ The NY Times recently reported on the excellent news that <a href="http://bits.blogs.nytimes.com/2012/01/31/daily-report-a-global-jukebox-goes-digital/?smid=tw-nytimesbits&#038;seid=auto" target="_blank">"technology has caught up to the imagination of Alan Lomax."</a>  In case you don't know, Lomax was something of a global folk music archivist and "ethnomusicologist."  He traveled the world, recording local folk music in huge collections.  He did this for decades, and apparently wanted to create a giant jukebox so people could hear everything he recorded.  And, now, ten years after he died, the collection -- including more than 5,000 hours of recordings -- is going online.  It's kicking off with 17,000 tracks, and much more is still being digitized.
<br /><br />
The article talks about how he had a "utopian" vision in making this music available:
<blockquote><i>
 &#8220;Alan was doubly utopian, in that he was imagining something like the Internet based on the fact he had all this data and a set of parameters he thought of as predictive,&#8221; John Szwed, a Columbia University music professor and the author of &#8220;Alan Lomax: The Man Who Recorded the World,&#8221; a biography published in 2010, told The Times. &#8220;But he was also saying that the whole world can have all this data too, and it can be done in such a way that you can take it home.&#8221; 
</i></blockquote>
Now, to be clear, all of this is great, but I do wonder about some of the copyright questions here.  Last year, we wrote about the bizarre and convoluted story of how Lomax is <a href="http://www.techdirt.com/articles/20110901/12231815769/insane-chain-sampling-rights-how-folk-song-collector-became-co-author-jay-z-song.shtml">credited</a> as a songwriter on a Jay-Z song.  Apparently, when he recorded these random folk songs around the globe, he claimed copyrights on the works.  This is, of course, questionable.  At best, he might have a claim on a copyright to the sound recording only, though even that might be questioned, as his creative input into the recording likely would not be enough to qualify for copyright.  The copyright, if any exists, would likely belong to the singers (and possibly whoever wrote the songs, though it's likely that many were simply passed down over time).
<br /><br />
And yet, Lomax put a copyright claim on the works, including a recording he did of the traditional work song, "Rosie," recorded by Lomax at Parchman Farm, sung by convicts there.  That song became the basis of a song by the Animals -- who didn't use the actual recording.  Grand Funk Railroad then covered the song (again, not using the actual recording, but starting from scratch).  However, Lomax was still credited as a songwriter, despite having nothing to do with it.  KRS-One then sampled a guitar riff (having absolutely nothing to do with the original "Rosie") in a song... which Jay-Z then sampled in his song, "Takeover."  Lomax's singular contribution was recording "Rosie," a traditional song which almost certainly was public domain.  Even if Lomax could claim a copyright on his recording (still questionable), he had no songwriting credit... yet that's what it morphed into... and then stuck on songs going forward.
<br /><br />
Perhaps the copyfraud achieved here created songwriting royalties that are now allowing the financing of this great digital jukebox... but it still makes me wonder just what the copyright setup will be of this jukebox.  The folks behind it suggest that they'll be <a href="http://www.nytimes.com/2012/01/31/arts/music/the-alan-lomax-collection-from-the-american-folklife-center.html?_r=2&#038;hpw=&#038;pagewanted=all" target="_blank">quite permissive</a>, especially for non-profit usage, but it still makes you wonder about whether or not even that level of control is warranted.<br /><br /><a href="http://www.techdirt.com/articles/20120201/00472317614/lomax-jukebox-going-digital-is-great-news-lets-not-forget-that-he-claimed-copyright-cultural-works-that-werent-his.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120201/00472317614/lomax-jukebox-going-digital-is-great-news-lets-not-forget-that-he-claimed-copyright-cultural-works-that-werent-his.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120201/00472317614/lomax-jukebox-going-digital-is-great-news-lets-not-forget-that-he-claimed-copyright-cultural-works-that-werent-his.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>copyfraud</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120201/00472317614</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 5 Jul 2011 05:08:06 PDT</pubDate>
<title>Should Americans Have To Ask What They're 'Allowed' To Express?</title>
<dc:creator>Nina Paley</dc:creator>
<link>http://www.techdirt.com/articles/20110623/07550614826/should-americans-have-to-ask-what-theyre-allowed-to-express.shtml</link>
<guid>http://www.techdirt.com/articles/20110623/07550614826/should-americans-have-to-ask-what-theyre-allowed-to-express.shtml</guid>
<description><![CDATA[ <p><a href="http://mimiandeunice.com/2011/06/23/allowed/"><img src="http://mimiandeunice.com/wp-content/uploads/2011/06/ME_369_Allowed-640x199.png" alt="free speech?" title="Allowed" width="560px" height="174px" /></a></p><p><em>Free Speech means you don&rsquo;t</em><br /> <em>have to ask if you&rsquo;re allowed</em><br /> <em>to say what you want.</em> </p><p><em>I would kill myself</em><br /> <em>If I had faith in the <a href="http://www.techdirt.com/articles/20110607/22123814604/another-appropriation-artist-loses-copyright-lawsuit-are-we-nearing-end-appropriation-art.shtml">Law</a></em><br /> <em>Thank God for no faith.</em> </p><a href="http://mimiandeunice.com/2011/06/23/allowed/"></a><br /><br /><a href="http://www.techdirt.com/articles/20110623/07550614826/should-americans-have-to-ask-what-theyre-allowed-to-express.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110623/07550614826/should-americans-have-to-ask-what-theyre-allowed-to-express.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110623/07550614826/should-americans-have-to-ask-what-theyre-allowed-to-express.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>permission-culture</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110623/07550614826</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 1 Jun 2011 13:36:05 PDT</pubDate>
<title>How I Had To Give Permission To Quote And Paraphrase Myself</title>
<dc:creator>Bill Benzon</dc:creator>
<link>http://www.techdirt.com/articles/20110601/10573014508/how-i-had-to-give-permission-to-quote-paraphrase-myself.shtml</link>
<guid>http://www.techdirt.com/articles/20110601/10573014508/how-i-had-to-give-permission-to-quote-paraphrase-myself.shtml</guid>
<description><![CDATA[ It's all just so <em>bleepin'</em> INSANE.<br /><br />Here's the deal. Two, no three, years ago a buddy of mine, who shall be nameless so he&rsquo;s not associated with this mini-quagmire, asked me to contribute a chapter to a book he's editing on a subject near and dear to me. <em>Fine. Glad to.</em> So, over a year ago I put some of my work-in-progress online at <a href="http://www.thevalve.org/">The Valve</a>, a group blog where I have privileges, in order to get feedback on my ideas. <br /><br />Which I did. <em>Thank you very much, interwebs.</em><br /><br />Time goes by, I turn in my final chapter. My buddy likes it, his editor likes it. And then the publisher sends some bots out on the web to compare text in their book-in-progress to whatever's on the web. What happens? My chapter gets flagged because, <em>hey!</em> some of my prose is out there on the web.<br /><br />And you know why some of the prose in my chapter is out on the web you clueless bot-masters? <em>Because I put it there!</em> That's why.
<br /><br />Anyhow, my buddy sends me a note explaining the situation and asking me to send him a note explaining that, yes, I put that stuff out there on The Valve. Here&rsquo;s my exact message: &ldquo;Some of the prose in my [name redacted to protect the innocent] chapter first appeared online at The Valve &mdash; where, for example, I&rsquo;m quoting [some worthy authority]. So I&rsquo;m just re-using my own prose.&rdquo;
<br /><br />
My buddy passed that on to his handlers and we figured that was the end of it. But, no, not good enough. His handlers got back to him, this time with the very passages the bots had snooped from the web.
<br /><br />
Now I had to read those very passages and swear on a stack of virtual Non-denominational Multi-cultural Sacred Books that each and every one of those words was mine and I wrote them both on The Valve and in my book chapter. <em>Really and truly in the names of a Supreme Force in the Universe Including Intelligent Quantum Fluctuations and Digital Devices, yes, the prose is mine.</em>
<br /><br />
Thus I swore. So it is.<br /><br />And, you know what? They accepted my word. This time. But next time, who knows?
<br /><br />
What I&rsquo;d like to know is just why it even got back to me. After all, my name is on my posts. But, I suppose the Bill Benzon on those posts could be some other Bill Benzon, you know, the one from alternative universe sigma epsilon 37,901 delta delta. When my editor buddy sent me the suspicious passages there was no name attached. Maybe the bot didn&rsquo;t return with names, just prose. 
<br /><br />
Well, why the <em>BLEEP!</em> not? Is it so hard to program a bot to do that? Would it be so hard for someone to check the name of the passages delivered up by their bot? Maybe someone checked and they didn&rsquo;t believe their eyes. Maybe they did believe their eyes, but just had to make sure that we&rsquo;re all in the same universe, the one where the land of the free and the home of Tang (a benefit of the Apollo moon shots dontcha know) has insane copyright laws.
<br /><br />
Maybe they&rsquo;re under orders to do meaningless ritual acts so as to appease the restless spirit of Sonny Bono that&rsquo;s wandering around in the ether just waiting for an opportunity to materialize and tell someone that it wasn&rsquo;t his idea, it was the diminutive rodent with the cheeky attitude and the greedy corporate daddy (who&rsquo;s a person, dontcha know) that did it.
<br /><br />
<i>Crossposted from <a href="http://questioncopyright.org/lawyers_hassle_busy_people" target="_blank">QuestionCopyright</a>.</i><br /><br /><a href="http://www.techdirt.com/articles/20110601/10573014508/how-i-had-to-give-permission-to-quote-paraphrase-myself.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110601/10573014508/how-i-had-to-give-permission-to-quote-paraphrase-myself.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110601/10573014508/how-i-had-to-give-permission-to-quote-paraphrase-myself.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>permission-culture</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110601/10573014508</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 27 Apr 2011 10:20:51 PDT</pubDate>
<title>Is It Rude To Link To Someone Without First Asking Permission?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110426/17595814048/is-it-rude-to-link-to-someone-without-first-asking-permission.shtml</link>
<guid>http://www.techdirt.com/articles/20110426/17595814048/is-it-rude-to-link-to-someone-without-first-asking-permission.shtml</guid>
<description><![CDATA[ Earlier this week, I wrote an <a href="http://www.techdirt.com/articles/20110422/15563714005/if-you-cant-understand-difference-between-money-content-you-have-no-business-commenting-business-models.shtml" target="_blank">analysis</a> of some silly claims from Canadian IP lawyer James Gannon's sarcastic suggestion that copying money is just like copying content.  Gannon stopped by in our comments... and oddly <i>did not respond</i> to a single point that I raised about his faulty analysis.  Instead, he only commented to claim that it was <a href="http://www.techdirt.com/articles/20110422/15563714005/if-you-cant-understand-difference-between-money-content-you-have-no-business-commenting-business-models.shtml#c290">somehow rude or discourteous</a> of me to <i>link</i> to his piece and to discuss it without first asking for permission.  I found this somewhat shocking.  I've never heard that it's common courtesy to ask before you <i>link</i> to someone.  Yet Gannon <a href="http://www.techdirt.com/articles/20110422/15563714005/if-you-cant-understand-difference-between-money-content-you-have-no-business-commenting-business-models.shtml#c455">insisted</a> that most people who link to him first ask his permission and he suggests, snidely, that his readership has higher "standards" in regards to how they view content.
<br><br>
Of course, when you combine this with Nina Paley's excellent post about how <a href="http://www.techdirt.com/articles/20110423/06095414017/yes-means-yes.shtml">asking permission when none is needed is <i>rude</i></a>, it seems that we have a pretty serious disagreement here.  Not surprisingly, I agree wholeheartedly with Nina and find Gannon's position both troubling and enlightening when it comes to his confused interpretation of intellectual property issues.  He seems to think that a permission society is just fine.  Those of us who actually create for a living know that this is not the case.  It's a distraction and an annoyance when people feel the need to keep asking you for permission to do what they naturally have the right to do.  Permission society is one that is less creative and less willing and able to create.  Permission society is the exact opposite of what copyright law is supposed to create.  It's not supposed to be a drag on creation.  The whole point of things like fair use is that you <i>don't have to</i> ask for permission because it's <i>inefficient</i> to ask for permission in those cases.  That he's suggesting that it's somehow discourteous not to ask for permission to do what the law clearly allows is really quite troubling.
<br><br>
In the meantime, has anyone actually <i>ever</i> heard that it's common courtesy to ask someone permission to link to them?  I spend a lot of time online and I link to a lot of websites (over 38,000 posts last we checked...) and no one has ever suggested that I should have asked permission first.<br /><br /><a href="http://www.techdirt.com/articles/20110426/17595814048/is-it-rude-to-link-to-someone-without-first-asking-permission.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110426/17595814048/is-it-rude-to-link-to-someone-without-first-asking-permission.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110426/17595814048/is-it-rude-to-link-to-someone-without-first-asking-permission.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-that-I've-ever-heard</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110426/17595814048</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 26 Apr 2011 10:09:00 PDT</pubDate>
<title>Yes Means Yes</title>
<dc:creator>Nina Paley</dc:creator>
<link>http://www.techdirt.com/articles/20110423/06095414017/yes-means-yes.shtml</link>
<guid>http://www.techdirt.com/articles/20110423/06095414017/yes-means-yes.shtml</guid>
<description><![CDATA[ <div class="post-headline"><em>Crossposted from <a href="http://blog.ninapaley.com/2011/04/20/yes-means-yes/">ninapaley.com</a>, with apologies for the peevish tone - I really appreciate anyone who copies <a href="http://www.sitasingstheblues.com/">Sita Sings the Blues</a>, <a href="http://mimiandeunice.com/">Mimi &#038; Eunice</a>, and any and all of my other works. --NP</em></div>
<br /><br />
<strong>Please don&rsquo;t ask my permission to re-use my work. <a href="http://creativecommons.org/licenses/by-sa/3.0/">YOU ALREADY HAVE PERMISSION.</a> Please <a href="http://copyheart.org/">copy, share</a>, re-use, redistribute, edit, modify, sell, etc.<br /></strong>
<br /><br />
Asking permission wastes your time, and mine. You might not mind wasting your time. Many people think asking for permission is a &ldquo;sign of respect.&rdquo; But what about <strong>my</strong> time?
<br /><br />
Information (including all of my work) is not scarce. <a href="http://ninapaley.com/mimiandeunice/2010/07/28/scarcity/">Attention</a> (time) is.
<br /><br />
Emails get lost in spam filters. They get lost amid the hundreds of other emails in my inbox. I&rsquo;ve been known to take vacations and actually   get away from my computer for a few days &ndash; something I should be doing   more often. So what happens if you don&rsquo;t get any response to your permission request? Do you not reuse the work? A work that has been <a href="http://sitasingstheblues.com/">explicitly made Free</a>, in the hope that you <em>will</em> reuse it? Not reusing the work harms the work, and harming a work is disrespectful. Delaying reusing the work likewise harms the work, in smaller increments.
<br /><br />
Suppose a &ldquo;respectful&rdquo; email asking for permission which has already been explicitly granted doesn&rsquo;t get caught in a spam filter or lost in some other glitch. Suppose it actualy makes it into my inbox. Now I am obligated to respond &ndash; the requester essentially said, &ldquo;I&rsquo;m not going to use this work unless you respond.&rdquo; As &ldquo;respectful&rdquo; as this sounds,  it places an unfair burden on me. <strong>The work, and any use of the work, should not be held hostage pending my checking and responding to email.</strong>
<br /><br />
It is not &ldquo;respectful&rdquo; to make me do more, unnecessary work.
<br /><br />
More importantly, <strong>asking permission is bad for the work itself</strong>.   If you refuse to reuse the work unless I send you an email, you are blocking an expression or distribution of the work. How many days or weeks or months are you willing to put it off pending my ability to process email? Or worse, someone thinks it&rsquo;s &ldquo;respectful&rdquo; to require me to sign papers and mail them back. Yes, this happens. I have such paperwork sitting right here, telling me that unless I sign it and mail it back, they won&rsquo;t use the work they already have explicit permission to use. How is it &ldquo;respectful&rdquo; to make me jump through more hoops before they redistribute or remix a work I&rsquo;ve made explicitly Free?
<br /><br />
If you want to show respect, please send me something like this instead:
<br /><br />
<blockquote>
Dear Nina,
<br /><br />
I thought you might like to know I&rsquo;ve reused _________________&nbsp; in   _________________. Check it out at (insert URL here). Thanks for making   the work Free!
<br /><br />
Love,<br /> Someone Who Understands Yes means Yes
</blockquote>
<br /><br />
Ahh, lovely. Thank you!
<br /><br />
A complaint I hear often is that nowadays, thanks to the inerwebs, not only do artists &ldquo;have to give their work away for free&rdquo; but they also &ldquo;have to be businessmen.&rdquo; HA! One goal of freeing my work is to free me of paperwork, contracts, and the role of manager &ndash; and what is having to oversee and administrate every re-use but management? In the   &ldquo;Intellectual Property&rdquo; model, artists either have to do much more negotiating and managing and paperwork, or they have to pay someone else to do it for them. They have to be businessmen, or hire businessmen.   And hiring businessmen (agents, lawyers, etc.) still requires much   paperwork, negotiating, and contracts.
<br /><br />
Some still insist that I&rsquo;ve &ldquo;maintained more control&rdquo; over <a href="http://sitasingstheblues.com/">Sita Sings the Blues</a>. The point is I have maintained <em>no</em> control over it, and that benefits me. The point is I <em>don&rsquo;t</em> have to be a business(wo)man. The point is that other people, the crowd, distribute the work, and cost me nothing.
<br /><br />
As long as they don&rsquo;t ask for permission.<br /><br /><a href="http://www.techdirt.com/articles/20110423/06095414017/yes-means-yes.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110423/06095414017/yes-means-yes.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110423/06095414017/yes-means-yes.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>problems-with-permission-culture</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110423/06095414017</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 31 Mar 2011 08:50:40 PDT</pubDate>
<title>Big Media To Innovative App Maker: Stop Innovating Without Our Permission!</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110330/21570213703/big-media-to-innovative-app-maker-stop-innovating-without-our-permission.shtml</link>
<guid>http://www.techdirt.com/articles/20110330/21570213703/big-media-to-innovative-app-maker-stop-innovating-without-our-permission.shtml</guid>
<description><![CDATA[ There are a bunch of different newsreader type apps out there, and for years there have been all sorts of apps that let you aggregate content into personal collections.  A new one, which recently hit the market for iPads, is called Zite and, apparently, <a href="http://www.readwriteweb.com/archives/if_you_like_flipboard_check_out_zite_-_its_easier.php" target="_blank">it's getting pretty good reviews</a>.  Basically, it can look at what you follow on things like Twitter and Google Reader and formats an algorithmically chosen aggregation of that content to look something like a magazine.  If you're familiar with Flipboard, it's somewhat similar, but the implementation is a bit different.  I remember when Flipboard came out, there were <a href="http://www.techdirt.com/articles/20100725/23532810354.shtml">copyright questions</a> concerning how it scraped various websites.
<br /><br />
However, for whatever reason, this new service Zite has really set off pretty much everyone in the traditional newspaper business.  A list of who's who in the newspaper/magazine world, including the Associated Press, the Washington Post, Dow Jones, Scripps, Gannett, McClatchy, Time and even National Geogrpahic, all teamed up to <a href="http://paidcontent.org/article/419-media-companies-send-cease-desist-over-zite-app/" target="_blank">send a nastygram</a> (embedded below) that effectively says "hey, we're all for innovation, but you can't innovate without first paying us."
<br /><br />
Now, to be clear, <i>technically</i> these newspapers may have a point concerning the fact that Zite displays their content.  But if you start to go down that path, you suddenly realize that <i>so does a browser</i>.  Zite is really just a form of a browser, that tries to make their content more useful.  Again, some may point out that Zite strips some ads from publications, but, again, so do many browsers that have ad blocking extensions installed.  When viewed that way, how is Zite really anything other than a specialized browser?  If they're claiming that's infringing, then is it really that different from claiming that other browsers/aggregating tools are infringing.
<br /><br />
And, honestly, if creating an app that makes it <b>easier to read your content</b> is a threat to your business, you're doing business wrong.
<br /><br />
I will say I'm a bit surprised to see the NY Times missing from the list of angry publications, since they've gotten upset about similar apps in the past, but really, this just seems like another example of publications thinking that anyone making their content more readable has to first get permission.  If someone wants to make Techdirt content more readable, <i>please go right ahead</i>.<br /><br /><a href="http://www.techdirt.com/articles/20110330/21570213703/big-media-to-innovative-app-maker-stop-innovating-without-our-permission.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110330/21570213703/big-media-to-innovative-app-maker-stop-innovating-without-our-permission.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110330/21570213703/big-media-to-innovative-app-maker-stop-innovating-without-our-permission.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>permission-nation</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110330/21570213703</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 14 Mar 2011 18:58:00 PDT</pubDate>
<title>Yes, It's Legal To 'Tag' Someone In A Photo On Facebook Without Permission</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110313/23315513478/yes-its-legal-to-tag-someone-photo-facebook-without-permission.shtml</link>
<guid>http://www.techdirt.com/articles/20110313/23315513478/yes-its-legal-to-tag-someone-photo-facebook-without-permission.shtml</guid>
<description><![CDATA[ While I've heard the argument that in Europe, it's possible to use various privacy laws to demand that someone remove a photo or "tag" of the requester, in the US that's not the case (barring other circumstances that might require the removal).  However, Evan Brown has the details on a custody case, in which a woman (the mother) sought to bar the use of a Facebook photo as evidence.  The photo showed her drinking alcohol, which a psychologist claimed could interfere with medicine the woman was taking.  The woman claimed that because anyone else on Facebook could upload photos and tag them with her name, she hadn't given permission, and thus the photos should not have been published.  The <a href="http://blog.internetcases.com/2011/03/12/facebook-privacy-photo-tagging-attorney-chicago-lawyer-social-media/" target="_blank">court explained why this is meaningless</a>:
<blockquote><i>
The court held that "[t]here is nothing within the law that requires [one's] permission when someone takes a picture and posts it on a Facebook page. There is nothing that requires [one's] permission when she [is] "tagged" or identified as a person in those pictures."
</i></blockquote>
Of course, it does seem that other issues could (and in some cases were) raised: including the accuracy of the photo, the proof that it was actually alcohol, etc.  But simply protesting the use of the photo as evidence because it was uploaded/tagged by someone else appears to be a non-starter.<br /><br /><a href="http://www.techdirt.com/articles/20110313/23315513478/yes-its-legal-to-tag-someone-photo-facebook-without-permission.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110313/23315513478/yes-its-legal-to-tag-someone-photo-facebook-without-permission.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110313/23315513478/yes-its-legal-to-tag-someone-photo-facebook-without-permission.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>in-case-you-were-wondering</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110313/23315513478</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 2 Sep 2010 10:24:11 PDT</pubDate>
<title>Music Publishers Angry That Apple Didn't First Grovel To Them About 60-Second Song Previews</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100902/02195910873.shtml</link>
<guid>http://www.techdirt.com/articles/20100902/02195910873.shtml</guid>
<description><![CDATA[ It's really incredible to watch music industry folks shoot themselves in the foot over and over again with a simple inability to understand that promotions can lead to more sales, and that you don't need to get paid for every promotional effort.  We've seen some in the industry <a href="http://www.techdirt.com/articles/20071127/011720.shtml">gleefully admit</a> that they'd rather have $1 today than $100 tomorrow.  But this sort of thinking seems to pervade so much of the music industry at times that it's really quite stunning.
<br /><br />
The latest comes from rumors that Apple was going to <a href="http://news.cnet.com/8301-13579_3-20015113-37.html" target="_blank">double song sample lengths</a> in iTunes from 30-seconds to 60-seconds.  There's apparently plenty of good reasons for this, as research has shown that 60-second samples <a href="http://news.cnet.com/8301-13579_3-20015287-37.html" target="_blank">lead to more purchases</a>.
<br /><br />
And yet, despite the rumors, you'll notice that Steve Jobs did not announce the expected doubling of samples.  Why?  Apparently Apple had the approval of all four of the major record labels... but he forgot to go groveling and beg for permission from the other side of the coin: the music publishers.  Apparently, various music publishers read the rumors of the doubling and <a href="http://news.cnet.com/8301-13579_3-20015364-37.html" target="_blank">were quite upset that Apple hadn't asked for their permission</a>, and even started lawyering up to sue, in case Apple announced such a plan without first getting permission from various music publishers.
<br /><br />
And people say we're exaggerating when we show just how <a href="http://www.techdirt.com/articles/20100813/17380410623.shtml">ridiculous</a> music licensing is.  This isn't about copyright or revenue or anything.  This is just childish foot-stomping by a group that demands that everyone ask permission before helping them make more money.  Stunning.<br /><br /><a href="http://www.techdirt.com/articles/20100902/02195910873.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100902/02195910873.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100902/02195910873.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it-helps-you-sell-more</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100902/02195910873</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 16 Oct 2009 17:46:16 PDT</pubDate>
<title>Do Libraries Need Permission To Lend Out Ebooks?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091015/1511426550.shtml</link>
<guid>http://www.techdirt.com/articles/20091015/1511426550.shtml</guid>
<description><![CDATA[ Reader OG points us to this NY Times article about how libraries are <a href="http://www.nytimes.com/2009/10/15/books/15libraries.html?_r=1&#038;pagewanted=all" target="_blank">increasingly offering ebooks for download</a>.  This, of course, seems like a good idea, and fits in with the purpose of a library, but where the article gets either laughable or head-bangingly annoying is where it starts discussing how publishers have serious problems with this whole concept.  Some publishers are refusing to allow libraries to lend out their ebooks...which makes me wonder why the publishers have any say in the matter.  Thanks to the right of first sale, a library should be able to lend out an ebook if it's legally purchased it without having to get the publisher's permission.
<br /><br />
Furthermore, the rest of the discussion is just silly.  There are arguments about how many ebooks can be "checked out" at once or how the DRM works (which blocks the most popular ebook readers from being supported).  There's also an issue of publishers charging libraries much higher prices for ebooks, and scoffing at a librarian who suggests that libraries should be allowed to offer as many copies as needed of an ebook to lend at the same time, and just pay the publishers a nominal fee.
<br /><br />
It's hard to describe how insane this whole discussion sounds.  Here you have a <i>fantastic</i> tool to support a library's main purpose in the world, and we're arguing over what sorts of artificial restrictions to set up to limit that tool from actually being useful? It's as if we discovered a way to make all the food the world ever needed, and we sit around talking about how to make sure that most people don't get fed.  It would make me laugh if it weren't so disturbing that people seem to think this is a good thing.<br /><br /><a href="http://www.techdirt.com/articles/20091015/1511426550.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091015/1511426550.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091015/1511426550.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>they-shouldn't</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091015/1511426550</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 4 Sep 2009 19:30:00 PDT</pubDate>
<title>MLB Refuses To Give Permission To Guy To Describe Game To A Friend</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090904/0304256103.shtml</link>
<guid>http://www.techdirt.com/articles/20090904/0304256103.shtml</guid>
<description><![CDATA[ A couple years ago, law professor Wendy Seltzer used the NFL as an example of sports leagues performing copyfraud, by claiming copyright control beyond what is allowed by law.  Specifically, she was talking about the warning mentioned at some point during every game.  For the NFL it was: "This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL's consent, is prohibited."  In Seltzer's case, amazingly, the NFL sent a <a href="http://www.techdirt.com/articles/20070214/154327.shtml">DMCA takedown</a> of her posting that clip to YouTube -- giving her another "teachable moment" on copyright abuse.
<br /><br />
And yet, sports leagues still continue the copyfraud.  One of the fine folks over at Consumerist, Phil Villarreal, found the wording of Major League Baseball's warning quite questionable:
<blockquote><i>
"Any rebroadcast, retransmission, or account of this game, without the express written consent of Major League Baseball, is prohibited,"
</i></blockquote>
Unlike the NFL one, at least it didn't say "descriptions," but "account" is pretty close.  So, Villarreal <a href="http://consumerist.com/5351662/mlb-wont-give-me-permission-to-describe-game-to-friend" target="_new">contacted MLB to request "express written consent"</a> to provide an "account" of the game he had watched to a friend.  To its credit, MLB responded and asked him to call someone in its business development department... who (perhaps reasonably) thought it was a joke and did not provide the written consent (and stopped responding to calls and emails).
<br /><br />
Now, obviously, this is a bit of a joke (and a funny one), but it does highlight a rather serious problem.  Copyright holders are pretty regularly claiming significantly more rights than they actually hold over content, and many people simply assume that they can do this.  This leads to them to think that they don't have basic rights concerning not just "fair use" but stuff that is obviously <i>not covered by copyright</i>, such as an "account of this game."  There really should be sanctions against such copyfraud.<br /><br /><a href="http://www.techdirt.com/articles/20090904/0304256103.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090904/0304256103.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090904/0304256103.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>expressed-written-permission</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090904/0304256103</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 10 Jun 2008 19:32:00 PDT</pubDate>
<title>Why Should XM Have To Get Permission From The Recording Industry To Innovate?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080610/1343371364.shtml</link>
<guid>http://www.techdirt.com/articles/20080610/1343371364.shtml</guid>
<description><![CDATA[ In a rather disappointing move, satellite radio company XM has now <a href="http://news.cnet.com/8301-10784_3-9964615-7.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_new">settled with EMI concerning a lawsuit</a> over its Inno device, that allowed users to record XM streams.  This follows XM's similar <a href="http://www.techdirt.com/articles/20071217/194457.shtml">settlements</a> with the other major record labels last year.  No terms are being announced, which is problematic.  The whole problem with this lawsuit was the fact that the record labels seemed to believe that XM was unable to <a href="http://www.techdirt.com/articles/20060516/1818232.shtml">innovate</a> without getting their permission and paying them.  The Inno device was simply a device to record satellite radio streams -- which is perfectly legal.  Time shifting and recording radio is well-established as being legal.  But the recording industry used the case to try to squeeze <a href="http://www.techdirt.com/articles/20060426/1322242.shtml">extra royalty payments</a> out of XM.
<br /><br />
This is exactly the sort of "chilling effect" that people keep pointing out when it comes to copyright laws.  These laws put the entertainment companies in a position where they get to dictate what kind of devices are legal and which are not.  Increasing the uncertainty over whether or not a simple device like the Inno is legal, and forcing a two year legal battle to take place is no way to promote progress and innovation.   It just makes many companies unwilling to go through that process just to offer the type of device that makes perfect sense and which customers want.  It's doubly troublesome in that the RIAA specifically said that it would <a href="http://www.techdirt.com/articles/20060518/0251200.shtml">not</a> step in to prevent these types of devices.  Except that it did.
<br /><br />
With that said, I was hoping that XM would stand up to the lawsuits and set a precedent, making it clear that the record labels cannot sue to block new technologies.  However, with all of these settlements, that's not the case -- so the uncertainty and the chilling effects remain for all others.  No settlement terms have been released, so it may even be that XM agreed to pay off the record labels to get them to settle, which would be even worse.  It would just give the labels that much more incentive to keep suing every innovative new product that hits the market.  This is extortion that slows down innovation and progress -- which is what we thought copyright was supposed to be promoting.<br /><br /><a href="http://www.techdirt.com/articles/20080610/1343371364.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080610/1343371364.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080610/1343371364.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>still-asking</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080610/1343371364</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 14 May 2008 20:01:00 PDT</pubDate>
<title>Grateful Dead Label Demands NPR Feature Story To Blog A Grateful Dead Song</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080514/0252141108.shtml</link>
<guid>http://www.techdirt.com/articles/20080514/0252141108.shtml</guid>
<description><![CDATA[ If you haven't followed the "MP3 blogging" scene, it's grown quite big over the past few years, to the point that most folks (including the record labels) have effectively turned a blind eye to the copyright questions it raises (for once, this is a good thing).  In many cases, record labels even treat some of the best music bloggers similar to the way they've always treated radio DJs -- sending them promo CDs and trying to get "air time."  Most music bloggers don't ask for permission before blogging songs (some have policies saying they'll take down a song if any musician complains).  However, over on an NPR blog, one of the bloggers has been putting together "mixes" of music on the blog, and being quite careful to ask for permission before any song is included.  As <a href="http://www.boingboing.net/2008/05/13/grateful-dead-shake.html">BoingBoing</a> points out, when the blogger, Carrie Brownstein, asked the Grateful Dead's label if she could use a Grateful Dead song, the response was a rather pompous demand that the band would require <a href="http://www.npr.org/blogs/monitormix/2008/05/days_be_more_than_all_we_have_2.html" target="_new">a piece done on the band on the radio show <i>All Things Considered</i></a> as well as a feature about the Grateful Dead on the NPR website.  Just for using a song in a way that many would say was fair use (not to mention that it would be from a band that <i>actively</i> encouraged fans to tape and share its music broadly).  If anything, it sounds like the record label overreaching in seeing an opportunity to get more press for a band that hardly needs any more.  But, on the whole, it shows the sort of attitude that's becoming all too pervasive these days when people need to ask "permission" to help promote a song or a band.<br /><br /><a href="http://www.techdirt.com/articles/20080514/0252141108.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080514/0252141108.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080514/0252141108.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-a-bit-extreme</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080514/0252141108</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 20 Mar 2008 02:42:00 PDT</pubDate>
<title>NY Legislator Looks To Outlaw Behavioral Targeted Ads Without Opt-In</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080320/002746597.shtml</link>
<guid>http://www.techdirt.com/articles/20080320/002746597.shtml</guid>
<description><![CDATA[ A New York Assembly member is pushing to <a href="http://www.nytimes.com/2008/03/20/business/media/20adco.html?ex=1363752000&#038;en=4992b185a44fa439&#038;ei=5090&#038;partner=rssuserland&#038;emc=rss" target="_new">outlaw targeted advertising without opt-in approval</a>.  Given the <a href="http://www.techdirt.com/articles/20080317/114621560.shtml">scrutiny</a> facing companies like Phorm in the UK, this isn't all that surprising.  However, the complaints around Phorm are that it tracks <i>all</i> of your surfing activity and generates ads based on that aggregate info.  The bill that is being discussed in New York would apparently apply to websites that do targeted advertising within the site.  That seems both extreme and unnecessary.  Even though the law would technically only apply to New York, since it would be difficult to figure out who's in NY and who's elsewhere, it would force many providers to get rid of targeted advertising.  It seems a bit extreme to think that targeted advertising should be banned entirely, without an initial opt-in.  By this point, most people probably expect basic targeting to take place, and when done right, such targeted ads should be more effective.  The real problem comes in when such targeting presents a privacy violation, but the focus then should be on privacy laws, not specifically targeting a single activity such as targeted ads.<br /><br /><a href="http://www.techdirt.com/articles/20080320/002746597.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080320/002746597.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080320/002746597.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-bit-late-for-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080320/002746597</wfw:commentRss>
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