Knowyourrights -- Engadget

Know Your Rights: Does the Kindle 2's text-to-speech infringe authors' copyrights?

by Nilay Patel posted Feb 11th 2009 at 2:38PM

Know Your Rights is Engadget's technology law series, written by our own totally punk ex-copyright attorney Nilay Patel. In it we'll try to answer some fundamental tech-law questions to help you stay out of trouble in this brave new world. Disclaimer: this isn't legal advice, but it is best read aloud by a text to speech app.

Hey, so does the Kindle 2's Read to Me text-to-speech feature really infringe on authors' copyrights?

It's nice to be back! It's been a while.

Yeah yeah. Get to it.

Okay, so the issue is that the Kindle 2's Read to Me feature obviously threatens the audiobook market, and while at first blush it seems like the Authors Guild has a pretty weak case when executive director Paul Aiken says things like "They don't have the right to read a book out loud," it's not necessarily as ridiculous as it seems.

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Know Your Rights: Does T-Mobile really own magenta?

by Nilay Patel posted Nov 9th 2007 at 4:53PM

Know Your Rights is Engadget's new technology law series, written by our own totally punk copyright attorney Nilay Patel. In it we'll try to answer some fundamental tech-law questions to help you stay out of trouble in this brave new world. Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.

UPDATE: This story has gotten way, way funnier -- T-Mobile's parent company, Deutche Telekom, asked Engadget Mobile to stop using magenta. No, seriously. Full details here.

Hey, does T-Mobile really own magenta? I was just about to redesign my blog, and that was going to be the main color.

Really? Maybe T-Mo should sue you.

Come on, I've been hearing this everywhere. 1265 Diggs can't be wrong.

Well, they're not wrong, they're just less than right. T-Mobile's disclaimers certainly do say that "the magenta color" is a T-Mobile trademark.

So there you go! That's so stupid! The system is broken! Everyone is corrupt! How can a corporation own a color?! I've already skipped down and begun flaming!

Chill out, Sparky. T-Mobile doesn't "own" anything here, least of all a color. That's the part everyone seems to have missed. T-Mobile has what appears to be a German trademark on that specific magenta color (RAL 4010, specifically) as it relates to their branding, but that doesn't really affect the average consumer.

Besides, this isn't some radical new development. Lot of other companies have registered color trademarks -- Owens-Corning has a trademark on the use of pink for insulation, Tiffany & Co. has a trademark on that certain blue color it uses for jewelry boxes, and UPS has a trademark on brown. Interesting you haven't seen UPS suing Microsoft over that itty-bitty Zune thing, no?

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Know Your Rights: Why is copyright law so screwed up?

by Nilay Patel posted Oct 5th 2007 at 6:53PM

Know Your Rights is Engadget's new technology law series, written by our own totally punk copyright attorney Nilay Patel. In it we'll try to answer some fundamental tech-law questions to help you stay out of trouble in this brave new world. Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.

What on earth is going on with that $222,000 RIAA judgment against that poor woman in Minnesota? Is the system really that broken?

Why do you always ask questions that you know will have answers that you don't like?

Come on -- almost a quarter-million dollars for sharing 24 songs on Kazaa? No one even uses that anymore.

Well, the truth is that the system isn't broken at all, really -- it's working exactly as it was designed. Under the rules in place now, anyone who willfully infringes a copyright is on the hook for at least $750 and a max of $150,000 per infringement. Since each song you share is a unique copyrighted work, that means you get hit with that penalty for every track in your shared folder. This obviously lead to some strange hypothetical results -- sharing that copy of "Wave of Mutilation" triggers the exact same legal mechanisms as sharing all of, say, OS X or Vista, since those are considered single copyrighted works, but that's how we determine damages in our system.

Well, so why were the damages so ridiculous in this case?

A range from $750 to $150,000 is pretty huge, and we may never know exactly why the jury in the Jammie Thomas case settled on $9,250 per infringement as their number -- and most observers seem to agree that it's a figure that is out of proportion with whatever harm she may have caused the labels. There is also no conclusive evidence that damages of this size have done anything to halt the growth of P2P file-sharing.

The real problem that's being brought to light is that our system doesn't always keep pace with the rapid changes in technology. Every system has flaws, and it's incredibly unlikely that lawmakers, of all people, will be able to draft legislation forward-looking enough to avoid similar breakdowns in the future.

So why even bother? If we can't get it right, why even try to impose all these limitations? It just seems to lead to things like DRM.

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Know Your Rights: How does fair use work?

by Nilay Patel posted Sep 21st 2007 at 7:51PM

Know Your Rights is Engadget's new technology law series, written by our own totally punk copyright attorney Nilay Patel. In it we'll try to answer some fundamental tech-law questions to help you stay out of trouble in this brave new world. Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.

Why're you doing a KYR on fair use? It's all right there in the name, isn't it?

If only it were that simple. Like so many other legal terms, the hardest thing about understanding fair use isn't how it works, but rather that it has such an appealingly simple name -- one that seems to invite a lot of off-the-cuff interpretation.

Well, that's stupid. Why not just make it simple?

Because then lawyers would be out of their jobs, obviously.

That can't be the reason.

Yes, but it's much funnier than the real one.

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Know Your Rights: Is it illegal to make my own ringtones?

by Nilay Patel posted Sep 7th 2007 at 12:17PM

Know Your Rights is Engadget's new technology law series, written by our own totally punk copyright attorney Nilay Patel. In it we'll try to answer some fundamental tech-law questions to help you stay out of trouble in this brave new world. Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.

We hate to do another Apple-related KYR so soon, but this week's announcement of Apple's pay-and-pay-again iPhone / iTunes ringtone maker (followed up by statements made by Apple VP Phil Schiller) has had a lot of people asking us the following question:

So, is it illegal to make my own ringtones?

No!

Come on.

No, really!

What's the catch?

Nothing!

You wouldn't be doing this if there wasn't a catch.

Oh, alright. But you're not going to like it.

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Know Your Rights: What to do when the RIAA comes calling

by Nilay Patel posted Aug 31st 2007 at 7:37PM

Know Your Rights is Engadget's new technology law series, written by our own totally punk copyright attorney Nilay Patel. In it we'll try to answer some fundamental tech-law questions to help you stay out of trouble in this brave new world. Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.

Preface: There's been a lot of discussion about the RIAA's, shall we say "controversial" (and we're being generous here) tactics in suing P2P users who download copyrighted content; especially this week, what with the EFF releasing its "RIAA v. The People: Four Years Later" report. But it's never been easy to find information about the nuts-and-bolts of what happens when you get that first letter from the RIAA. We're not going to get into our feelings about the RIAA and MPAA (you probably already know what we think), but since we've (read: Nilay) been involved in a couple successful defenses -- and a lot of unhappy settlements -- we thought we'd try and break down the process for you. We're not telling you how to avoid or get out of trouble with the RIAA, just how it is that trouble usually operates.

Help! I'm being sued by the RIAA!

Wow, bad luck for you. The RIAA really only sues about 6,000 people a year, mostly those who use FastTrack clients like Kazaa. Users of other networks have been sued, of course, but it's by far Kazaa users who get sued the most often, and generally those who have been unknowingly sharing files. That's a drop in the bucket compared the to estimated nine million people who use P2P software every month.

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Know Your Rights: Is it illegal to unlock my iPhone?

by Nilay Patel posted Aug 24th 2007 at 6:52PM

We thought today would be, well, fitting to start our new technology law series Know Your Rights, written by Engadget's own totally punk ex-copyright attorney Nilay Patel. In it we'll try to answer some fundamental tech-law questions to help you stay out of trouble in this brave new world.

Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.

There's only one legal question on everyone's mind this afternoon, and we're going to cut right to it, in Q and A format:

Is it illegal to unlock my iPhone?

No!

Really?

Well, no, but...

I knew it.

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