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  • Lawsuit Over Use Of Creative Commons Content Raises Contract vs. Copyright Issue

    BC ( profile ), 09 Jul, 2010 @ 02:45pm

    Re: Licenses restore liberty. Contracts exchange property.

    Licenses restore liberty?

    Obviously you have not read the EULA terms on commercial, proprietary software. In that case, the license attempts to impose terms that are more restrictive than copyright, such as "you may not reverse-engineer" or "if this license is terminated you must return all copies to us."

    Of course, you really mean "OPEN SOURCE Licenses restore liberty"

    A license is just a specific type of contract. There is nothing other than the cost to prevent you and your lawyers from negotiating an alternative license structure with a software vendor such as Microsoft. Shrinkwrap/EULA/CC licenses are just standardized boilerplate contracts designed to cover the widest possible range of use contracts for copyrighted material.

  • 'Hollywood Accounting' Losing In The Courts

    BC ( profile ), 09 Jul, 2010 @ 01:02pm

    Lesson learned...

    If you are going to take a contract for a net % of the profits, sign the contract with the studio and not with the shell corporation.

    Not that the sharks would let you sign such a deal...

  • NBC Continues To Do The Exact Wrong Thing When It Comes To The Olympics Online

    BC ( profile ), 09 Feb, 2010 @ 01:37pm

    Article gets it mostly wrong..

    NBCs customers aren't the viewers, they're the advertisers. Yes, there is blindness to the advantages of the internet, but this isn't about screwing the viewers, it's about screwing the advertisers and forcing them to pay for broadcast commercials.

    What's strange is that no one at NBC seems to have run the numbers on the amount of internet advertising they could run and charge for non-prime time sports. My gut feeling is that if they streamed everything that wasn't in the primetime and weekend broadcasts, they'd maximize their revenue, since there isn't that much revenue from non-prime time that they'd be cannibalizing in the first place.

    I think what's going on is that NBC sold its internet advertising as a throw-in to its broadcast ads, so it isn't making any money off of it. Either that, or they can't figure out how to geo-locate IP addresses so that they don't accidentally stream to areas outside the US where they don't hold the rights.