fair use
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UK won't implement EU's contentious digital copyright law
The UK may borrow some aspects of European Union law after Brexit, but the approach to digital copyright won't one of them. Universities and Science Minister Chris Skidmore has indicated that the UK won't implement the EU's Copyright Directive once it's out of the Union on January 31st. This will let British internet companies and users avoid contentious aspects like Article 13 (renamed Article 17), which requires that sites check all uploaded content for copyrighted material. The EU had softened the requirement to allow memes and other content that offers "quotation, criticism, review, caricature, parody and pastiche," but this would eliminate the requirement entirely in the UK.
EFF petitions US government to resurrect abandoned games
The Electronic Frontier Foundation filed a petition to the Library of Congress and the United States Copyright Office this week over the modification of abandoned games, particularly those that require an online connection to prevent piracy. The EFF is seeking a change to current laws that would deem mods that strip out authentication checks as fair use of the software after developers take those servers offline. The foundation noted Civilization 5 and Mario Kart Wii as examples in its petition, though the list of eligible abandoned games goes back many years. Should the Library of Congress approve the request, legally-acquired copies of many of those games would be open to modification so players can enjoy them on third-party servers. The petition does note that MMOs and "persistent world" games would be exempt from the change, as their "audiovisual content is primarily stored on the developer's server and not in the client." [Image: Electronic Frontier Foundation]
PIPA and SOPA votes pushed back in the face of overwhelming opposition
In the face of overwhelming opposition from just about every major technology company and the general public, the US Senate and House have decided to delay votes on the anti-piracy bills known as PIPA (Senate) and SOPA (House). Majority leader Harry Reid and Judiciary Committee Chairman Lamar Smith both announced that upcoming work on the acts would be delayed, "until there is wider agreement on a solution." While both have said that concerns over piracy must be addressed, it seems unlikely that they or any other politician will be rushing to revive the would-be laws after very public protests from Google and Wikipedia and the reported deluge of phone calls and emails that hammered offices at the capital Wednesday. The fight over intellectual property rights and fair use is far from over but, as the sibling bills face yet another delay, it's beginning to appear as if SOPA and PIPA's days are numbered
Republic Wireless changes stance: unlimited will be truly unlimited, 'no thresholds' or asterisks
Credit where it's due: Republic Wireless has just made an about-face on the only major downfall we saw in its new wireless proposition. While most of the big boys have had an asterisk by "unlimited" for years on end, these guys were called out as being "deceptive" due to its convoluted "fair use policy." Instead of revising it, the upstart carrier is just throwing it out. Completely. "From today, Republic Wireless is all-in." That's according to a refreshing blog post tossed up on its site hours ago, where we're told that it's eager to accept feedback and adapt as necessary. Looking for more proof? How's about this: "Rather than revising our fair use policy, we've decided not to have one at all. There will simply be no thresholds, and no risk of losing service. We're doing away with all of that to keep all of the focus instead on where it really belongs: Creating a new wireless future together. A future that is simple to understand, unfettered to use, and an amazing value for all. That's what we started down this path to do. That's where the power of this vibrant community, dynamic WiFi ecosystem and revolutionary technology should be invested." In a world filled with GoDaddys, PayPals, SOPAs and CarrierIQs, it's downright incredible to see a 180 in this direction. And yes, as part of that legal amendment, everyone who has purchased or purchases a phone during beta will be guaranteed the opportunity to enjoy unlimited service, without fear of cancellation, until the end of beta. The only snippet you should know about is the "unacceptable use" clauses, which state that you can't resell Republic's service or leave the phone "always on" as a conduit for other uses obviously beyond what would be normal for a personal smartphone; wildly enough, the outfit has promised to "reevaluate those provisions, too." Three cheers for listening skills, eh?
The Lawbringer: WoW in fiction and the GameStop debacle
Pop law abounds in The Lawbringer, your weekly dose of WoW, the law, video games and the MMO genre. Mathew McCurley takes you through the world running parallel to the games we love and enjoy, full of rules, regulations, pitfalls and traps. How about you hang out with us as we discuss some of the more esoteric aspects of the games we love to play? Greetings, Lawbringer readers. We've got two very interesting emails this week from readers that are about as diverse as they come. First, we'll be looking at using World of Warcraft in fiction and whether or not that's a good idea, despite its potential fair use classification. Second, a reader wants to know what happened with GameStop over the past few weeks concerning Deus Ex: Human Revolution and whether it could happen in relation to Blizzard. Your emails are awesome, and you should send me more of them. "But how?" cries the inquisitive reader. Send your emails to mat@wowinsider.com with something Lawbringer in the title, and I will try my best to answer the question in the column. If you've got a question about the legal nature of the video game industry, MMOs, etc., ask away.
T-Mobile UK backs down a bit, limits 500MB fair use policy to new and upgrading customers
Alright, folks -- if you've already got a T-Mobile UK account in your back pocket, you can breathe a sigh of relief, because that ugly new data cap doesn't apply to you. It took the operator just a day to realize that putting a hazy "fair use" restriction of just 500MB per month on existing accounts wasn't going over too well with its customer base, so they've conducted a "further review" and decided that they'll instead only be applying the rule to new and upgrading customers as of February 1 only. We wouldn't call this an outright win by any stretch -- the policy is still enormously restrictive, vague, and a pretty clear-cut disadvantage of the competition-reducing Everything Everywhere hookup, and it looks like they'll still end up tagging you as soon as you try to upgrade your plan or your hardware anyway... but we'll take whatever reprieve we can get. [Thanks to everyone who sent this in]
T-Mobile UK cuts 'fair use' allowance to 500MB, sends you home to watch online video
In one of the most insensitive announcements in recent PR history, T-Mobile UK is telling its customers who want to download or stream online video to their mobile devices to "save that stuff for [their] home broadband." The carrier, one half of the UK's biggest operator Everything Everywhere, had up until now offered one of the better monthly allowance deals with a 3GB data consumption limit on Android phones. It still is, in fact, since its new changes aren't coming into effect until February 1st, but come that fateful Tuesday, T-Mo's understanding of "fair use" will shrink down to 500MB each month -- after which point you'll still get to browse the web and email for free, but any video content will presumably be subject to an extra charge. It's not clear how "that stuff" will be handled by T-Mobile once you cross the frugal new threshold, nor is it clear whether customers who signed up for big bodacious 3GB of data will be set free once this new lockdown on mobile video is in effect. Godspeed to you all. [Thanks to everyone who sent this in] Update: T-Mobile has responded with a clarifying statement we've added after the break. There will be no surcharges for use over 500MB per month, but once you cross that line, any downloading activity will be "restricted." By which the company seems to mean "restricted to whatever WiFi connection you can scrounge up," because its 3G airwaves will be off-limits.
Xbox-modder trial underway, no plea bargain offered [update: case dismissed!]
The landmark jury trial of Matthew Crippen, indicted on two federal counts last fall for running a side-business in which he modded Xbox 360s at his home, began yesterday with opening statements in a Los Angeles court. Wired's colorful report of U.S. District Judge Philip Gutierrez's colorful reaction to the prosecution's case suggested that the government could be headed toward a deal with Crippen during an early-afternoon recess. "I really don't understand what we're doing here," Gutierrez apparently "roared," as he ripped into the prosecution. The judge questioned government prosecutors' use of two witnesses who may have broken the law themselves and prosecutors' instructions to the jury that it was unnecessary to prove Crippen had knowingly breached the Digital Millennium Copyright Act. The judge apparently backtracked on an earlier ruling that had prohibited a "fair use" defense (i.e., modding for back-up or homebrew purposes). "The only way to be able to play copied games is to circumvent the technology," Gutierrez said. "How about back-up games and the homebrewed?" However, prosecutors returned from recess yesterday determined to convict Crippen, 28, on two counts of violating the DMCA (for a maximum sentence of ten years) by proving he knew he was breaking the law. ESA investigator Tony Rosario was called to the stand to recount how he had visited Crippen's Anaheim, Calif. home in 2008 and paid the defendant $60 to mod an Xbox 360. Rosario secretly videotaped the procedure -- which the defense argues is a violation of the state's privacy law -- though he did not capture video evidence of Crippen allegedly playing a pirated game on the modded console (nor did he include this supposed fact in his original report or sworn declarations). Still, the prosecution offered up a pile of a 150 pirated games, apparently seized by authorities from Crippen's home, which it hoped would show jurors that the defendant had a clear understanding that he was involved in illegal activity. Rosario is expected to return to the stand today, followed by two additional prosecution witnesses: a federal agent, who also allegedly paid Crippen to mod a 360, and a Microsoft employee, a so-called expert on Xbox security (and self-admitted modder in his younger days). The defense is scheduled to begin its case tomorrow. Follow the drama on Wired's Threat Level blog. Update: Prosecutors dismissed their case today, Wired reports, saying their decision was "based on fairness and justice" (read: they made errors). "It still has not hit me yet," Crippen said outside of the courtroom. [Pictured: Matthew Crippen; photo credit: David Kravets/Wired.com]
The Lawbringer: The trouble with fan fiction
Pop law abounds in The Lawbringer, your weekly dose of WoW, the law, video games and the MMO genre. Running parallel to the games we love and enjoy is a world full of rules, regulations, pitfalls and traps. How about you hang out with us as we discuss some of the more esoteric aspects of the games we love to play? Finally, I return home after a bit of bliss. Fun is over -- it's time to get serious by talking about fan fiction. Sort of. You see, fan fiction is one of those areas that people love to hate, hate to love and everything in between. What is it about fan fiction that gets people so upset and so defensive? Is it the personal nature of the craft, the accusatory piggy-backing on other people's characters, or just that so much of it is mind-numbingly terrible? Who knows? Today, we're going to explore a few of the concepts of fan fiction in a very no-nonsense, barely legal way, to give you aspiring authors something to consider while writing your own fan fiction or even original content. With my post-vacation bliss now completely out of my system, thanks to reading so much terrible fan fiction in preparation, I am happy to share with all of you a story that I've been writing for the last minute and a half. Don't be cruel, now. It's pretty much going to become the greatest story ever told. Enjoy.
ReQuest threatens to enable DVD piracy on its media streamers, announces one sans DVD
Enjoy copying DVDs onto $5,000 boutique home servers? If you've got the dough, ReQuest has got you covered -- CEO Peter Cholnoky says that even if California courts make the practice illegal, his firm isn't afraid to push back. When CE Pro asked whether he was concerned about the fallout from the Kaleidescape lawsuit, he said, "Nope, should I be?" adding that ReQuest could convert existing equipment to use third-party DVD-copying software "in two seconds" should the courts try to shut him down. Given that the company's new $1,200 MediaPlayer (above) doesn't have the requisite DVD drive for ripping discs anyhow, that sounds an awful lot like braggadocio, but we have to say we love Peter's stick-it-to-the-man tone. Oh, and in case you're wondering, that MediaPlayer is slated to ship in June; you'll find a full spec sheet at our source link.
The Lawbringer: Scope of copyrights
Welcome to the Lawbringer, WoW.com's weekly look at the intersection of law and the World of Warcraft. I'm a newly minted J.D. acting as your crossing guard. Greetings from the other side of graduation! The sun is shining, tons of Cataclysm spoilers await and now I don't have to arrange my WoW-ing and writing around my study schedule. Given that, it's time to get back into our examination of copyright law. Two weeks ago, we looked at what can get a copyright, namely: literary works; musical works and accompanying words; dramatic works and accompanying music; pantomimes and choreography; pictorial, graphical and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. But knowing what can be covered by a copyright doesn't explain what a copyright gives an author. A copyright is actually a bundle of separate rights: right to make copies right to distribute copies right to create derivative works right to perform or display right to anticircumvention of the measures taken to prevent copying moral rights, including rights of attribution and the right to avoid mutilation
Nokia's all you can download Comes with Music service is finally DRM free... in China (updated)
We've been browbeating Nokia for using DRM to "protect" its Comes with Music offering ever since the service launched back in December of 2007 -- a time when the industry was just beginning to shed its DRM shackles. Now get this, the idle talk is over, Nokia just launched its all-you-can-eat (for 12, 18, or 24 months, typically) Comes with Music service in China without any DRM at all. India is on deck as Nokia looks to hook more emerging markets on the (kind of) free music drug. That means you no longer have to strip the DRM illegally to play your downloaded content on devices other than your main PC and Nokia Comes with Music handset. And yes, you can keep the tracks for life after your CWM subscription expires. At launch, Chinese consumers will have a choice of eight (ok, seven really) CWM handsets (X6 32GB and X6 16GB, 5230, 5330, 5800w, 6700s, E52 and E72i) with prices starting at a local equivalent of €140 (the CWM service fee is baked in to the cost, mind you) excluding taxes and subsidies. Suspiciously, Nokia's not making the usual boast about the millions of tracks available in the CWM catalog. It is, however, reassuringly supported by all the Big 4 music labels in addition to some Chinese indies, as you'd expect. Sorry, no word on when they'll strip the DRM from its European CWM stores and we're still not clear when CWM will finally see a US launch. Hopefully soon as a service like this could go over very, very well Stateside -- a market that Nokia is desperate to crack. Get on to the other side of the break for the full press release. Update: We met with Jyrki Rosenberg, Director of Music at Nokia, who shed a bit more light on the offering. Unfortunately, while DRM-free music aligns with Nokia's global vision, he had nothing to announce for the US or Europe today. And as you might expect, the onus to go DRM-free in China was in part driven by rampant, local piracy concerns -- recovery of any revenue was better than nothing at all in the eyes of the Big Four. Jyrki also told us that Chinese CWM subscriptions will be 1 year in length but the terms of renewal are still being hammered out. We also know that the music catalog numbers in the "hundreds of thousands" at launch (comparable to competing services in the region, according to Jyrki) and is growing every day. Privacy advocates will be happy to hear that the 256kbps MP3 files are "clean" -- in other words, no user data is embedded in the files unlike the practices of Apple and Walmart, among others.
Ovi Music Unlimited replacing Nokia Comes with Music branding
We can't say that we'll miss the awkwardly named Comes with Music service branding from Nokia. Of course, we're making the assumption that India's recently christened Ovi Music Unlimited store will be making its way global as Nokia continues to tighten up its service offerings in the race to compete in the era of modern smartphones. It's certainly consistent with the new Ovi Music naming convention so why not. Otherwise, it looks like nothing else about the all you can eat (for a year) music offering has changed -- particularly the DRM that locks "your" music to your PC or CWM OMU handsets for life-ish.
Nokia Ovi Music store slowly shedding its DRM shackles globally
While not widely touted, Nokia's Ovi Music store is on track to make Nokia's music catalog DRM-free globally. This was first mentioned in December at Nokia's Capital Market Days event. Keep in mind that we're talking about Nokia's a la carte music download service, not its all you can eat Comes with Music offering that lets you keep all the tracks you can download in the first year but locks them to a single Nokia handset and PC for life. Russia's Ovi Music store was the first to go DRM-free back in November while adding single sign-on with other Ovi services during the revamp process. Now we're hearing that India has quietly joined suit with its Nokia Music store becoming the DRM-free Ovi Music incarnation. Nokia is apparently focusing on growth markets first on its way to more western markets but it's a good sign that its fair use debilitating DRM is on the way out -- a good thing for consumers and a change, like free Ovi Maps, that makes Nokia handsets just a bit more attractive.
RealNetworks not giving up on RealDVD, plans to appeal court injunction
RealNetworks found itself on the wrong end of a gavel back in August, receiving a court injunction to stop selling its RealDVD software -- curiously flying in the face of an earlier ruling in the favor of Kaleidescape. Perhaps that's why Real isn't done fighting yet. Or, perhaps it's just because it doesn't want to be put out of business. Either way, the company is set to file an appeal and take the show back to court again. Exactly what the basis of their appeal will be remains to be seen -- assuming there is one -- but here's to hoping it's a little more legally sound than their last defense. We're not quite ready to give up on Fair Use just yet ourselves.
Kaleidescape gets in line behind RealDVD for rough treatment
When it rains it pours -- right on the heels of the punishing blow dealt to RealDVD, the money-laden Kaleidescape crowd suffered its own setback at the hands of the law. You just know that the DVD CCA (Copy Control Association) appealed the 2007 ruling that allowed Kaleidescape owners to rip DVDs to their media servers, and yesterday a California Appeals Court overturned that ruling. Next stop -- the Santa Clara Superior Court, which could place an injunction on Kaleidescape if the appeal is upheld. It's not over yet, but we're prepping the soundboard with ominous music, boos and noisy hand-wringing. Whatever (and whenever) the outcome, we can only hope that Blu-ray's Managed Copy comes to the scene sooner rather than later and settles this issue for our beloved HD content
Court injunction puts sales of RealDVD on ice, hopes and dreams in purgatory
Something tells us Kaleidescape has a man (or woman, to be fair) on the inside, else United States District Court Judge Marilyn Patel is just downright trifilin'. In every visible way, RealNetworks' proposed RealDVD player was exactly what Kaleidescape was, but for people with annual salaries far less than $9,854,392,220. Regardless of our opinion, a preliminary injunction has just been passed down from The Almighty in the robe, which blocks the sale of the RealDVD software here in the US. The six major movie studies filed the suit last September, alleging that it "illegally violated their right to restrict the use of their movies in digital form." Evidently those that matter agree. A RealNetworks spokesperson took the time to vent their feelings on the whole ordeal, and since we know you're curious, we've pasted it below for your convenience.We are disappointed that a preliminary injunction has been placed on the sale of RealDVD. We have just received the Judge's detailed ruling and are reviewing it. After we have done so fully, we'll determine our course of action and will have more to say at that time.[Via Electronista]
Bioware owns you... or at least your fan art
Games and fan art go together like mashed potatoes and gravy -- you just don't have one with out the other. But how would you feel if you found a legal disclaimer in your favorite game's website terms of service that claimed that any fan art you produce, regardless of your intentions, is owned by the game company just because you depicted the IP?That's what Woody Hearn from GU Comics found inside of the Bioware Tems of Service on the Star Wars: The Old Republic website. The paragraph in question (found in section 7 of the terms) essentially states that all fan art derived from any intellectual property of LucasArts and/or Bioware is explicitly the property of LucasArts and/or Bioware. So that stormtrooper picture that you drew? Yeah, it belongs to LucasArts.Hearn has already explicitly stated that GU Comics won't be featuring any more Star Wars: The Old Republic or other LucasArts / Bioware titles until the policy changes. While he is covered under the fair use law for satire, any other pieces drawn by other artists may not be.
RealNetworks steps up its RealDVD legal case, just wants your approval
It wasn't long ago that RealNetworks and its kludgy Player software were the bane of computer users everywhere. But, a few legal accusations later, Real is now the apple in the eye of every fair use advocate, fighting for the right for users to make legal copies of DVDs -- so long as you make them through its RealDVD software, of course. The company is now escalating its legal battle against Hollywood big wigs, suing the six major movie studios and the DVD Copy Control Association for anticompetitive activity, asking for monetary damages due to the sales it has lost since the industry asked for that initial injunction against RealDVD. We're not entirely sure who's going to come up on top of this one, but if Kaleidescape can survive the CCA, maybe Real can too.
Myndflame publishes a guide to machinima law
Last month, Clint Hackleman over at Myndflame machinima attended and presented at Stanford Play Machinima Law conference. As you might expect, he came out of the conference with a heightened respect and understanding about how machinima law works. Building on the relationships he's formed, as well as lots of leg work, Hackleman has been publishing a machinmator's guide to Blizzard & Machinima Law.So far, there are three parts of the guide available. Part 1 deals with some of the very basics, but probably the most important section is understanding "commercialization" and what Blizzard's rules about it. A super quick summary of commercialization is "using a product to make money," but you should take the time to check out Myndflame's guide. He's obviously a bit more thorough about the explanation.Part 2 of the guide talks about Blizzard's Fair Use policy for machinima. I'd consider this guide a must-read for anyone who wants to create machinima. It deals with how Blizzard supports machinimators, but also warns about where you'll encounter the limits of that support. For example, machinima using Blizzard properties should be "T" rated movies -- they don't want Blizzard icons getting mixed up with unsavory subjects. Part 3 of the guide deals with music, which is a key component of any good movie. A good film has to have a great soundtrack, after all.I think Myndflame's guide is a pretty interesting read for anyone, even if you don't plan to make your own WoW movies. It gives some perspective and analysis to how much Blizzard strives to work with their community, and definitely shows what a vital, thriving society WoW machinimators can be. I appreciate the insight, and the work is a pretty fun read over all.
