As mentioned in my previous post, Article 13 of the EU Directive on Copyright in the Digital Single Market is the latest proposal that will “destroy the internet as we know it,” if the statute is ratified in its present form. The #copyright feed on Twitter seems dominated by messages proclaiming the existential toxicity of Article 13, and, as usual, ...

What is the difference between standing on legal principle and engaging in legal activism? The wry answer, of course, is that the attorney, scholar or judge who agrees with one’s opinion is a champion of legal principle while any of these who disagrees with one’s opinion is a feckless activist. “…there must be a clear line between describing what the ...

I guess it’s pick on Andy at TorrentFreak week.  (Sorry, Andy. ) But a recent blog of his titled No Level of Copyright Enforcement Will Ever Be Enough For Big Media begs a response. Citing TF’s decade of experience covering the piracy battles, Andy repeats a familiar narrative that because piracy will never stop, and because pirates will continue to ...

TorrentFreak recently reported a story about Australian music technologist Sebastian Tomczak receiving several copyright claims on a work he created and uploaded to YouTube. The work itself is ten hours of white noise he recorded using the noise generator built into the audio application Audacity. Tomczak’s interest, as described by Andy at TF, is “listening to continuous sounds of various ...

In a recent post, I described how the “server test,” established in the Perfect 10 case, obliterates the display right for visual artists on the internet. I further opined that the “server test” is an irrational standard and also stated that Perfect 10 may not be the final word on the matter. For recap, the Ninth Circuit held in Perfect ...

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