Baidu’s perfect paradox: free speech and the right to censor

Originally posted on The Conversation, by Suzannah Wood and Nic Suzor. Brian J. Matis/Flickr, CC BY-NC-SA China’s biggest search engine has a constitutional right to filter its search results, a US court found last month. But that’s just the start of the story. Eight New York-based pro-democracy activists sued Baidu Inc in 2011, seeking damages[…]

Some assorted thoughts on the ALRC fair use report

The ALRC Report on Copyright and the Digital Economy was released earlier this month. It’s an extremely thorough and well-reasoned analysis of exceptions in Australian copyright law. The main thrust of the report is to recommend that Australia introduces fair use; in the alternative, the ALRC recommends consolidating the fair dealing defences and expanding the[…]

Fairness in copyright – or why rates of infringement are so high

Here’s a paragraph from an article I’m writing about free-riding. It distils my argument about the role of fairness in copyright, and why the industry is only harming itself when it does things like make Game of Thrones only available on Foxtel: In recent decades, the copyright industries have been losing the normative high ground.[…]

How to archive for the future? Daniel Caron and Eric Mechoulan at Berkman

Liveblogged from lunch talk at Berkman Daniel Caron explains that disintermediation makes things much more difficult for archives. Previously, archives waited for material to come to them – saw their role as beginning after the selection process. Now, if archives are to be able to perform effectively, they need to be much more active in[…]

Drake IP 2013: Keith Robinson, “The aftermath of Akamai”

Liveblogged from Drake IP Roundtable 2013. Considers joint infringement of a method claim. There was a patent covering something like the iTunes system, with four steps performed by at least three companies. Because no entity performed all of the steps, the patent is not easily enforceable. Defendants may say: “We may perform steps A,B,C, but[…]

Drake IP 2013: Liam O’Melinn, “The Ghost of Millar v Taylor”

Liveblogged from Drake IP Roundtable 2013. Liam O’Mellin begins by noting that common law as a perpetual right was overruled in Donaldson v Becket. But the common law view espoused in Millar has done very very well in recent years in the US. Despite hiding behind the shield of rationality, there’s a natural rights argument[…]

Drake IP 2013: Shontavia Johnson, “Memetic Theory, Trademark Law and the Viral Meme Mark”

Liveblogged from Drake IP Roundtable 2013. Shontavia Johnson presents her recent paper and future work. Asked why she couldn’t buy a “I am Trayvon” or “Justice for Trayvon” t-shirt. It turns out that these were registered as trademarks, and stores like Cafepress refuse to take the risks of printing the shirts. Less than 24 hours[…]

Sanity prevails: iiNet did not authorise its users’ infringements

And with one tweet, iiNet CEO Michael Malone announces the result that we’ve all been waiting for: IiNet did not authorize the infringements #iitrial More analysis will follow when the full written judgment is handed down, but it is apparent that the Judge was convinced that iiNet has no control over bittorrent and is not[…]