[CSG Fall 2008] Copyright Compliance at all levels

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Greg – Audible Magic at Chicago (Greg Jackson) – In February put it in front of one of the dorms. Would it behave itself on the network? Did it look like it was detecting things it should and not detect things it shouldn’t? Looked benign on network (they didn’t turn on the TCP reject spoofing feature). Has a way of deducing kind of traffic from source/destination matching as well, which turned out to work remarkably well, even for encrypted p2p streams. Taught them that there is a hugely problematic issue with p2p, which isn’t copyright infringement but pornography.

Worked well enough that they bought two Audible Magic boxes and put them on their commodity pipes. Running them in passive mode and observing. Haven’t yet decided what to do – won’t block traffic, but might do a BAYU type thing.

Tracy – take note of Grooveshark, which may or may not be legal.

Mark Luker – Proposed Experiment/Pilot in “Voluntary Blanket Licensing” for online access to music.

Warner Music Group approached AAU – looking for universities that would be interested in pilot project. Already talked with Colorado (contacted University communications group).

Goal – lets students access and use music any way they want to – get it any way you can. Use on any hardware. Generate fair returns to content owners. Avoid DMCA notices, lawsuits, etc.

How? Students access and use music any way they want. Institutions make a reasonable effort to estimate the number of downloads per song. Might monitor traffic through a cache, statistical sampling ok, determined by the campus, experimentation encouraged. Institutions collect/fund/amass a pot of money (e.g. per student per month), as determined by the campus, all students or none. A non-profit organization distributes the money proportioately to content owners – all major labels and an indie association are members, covers all rights holders for the music, “prices” TBD.

Content owners refrain from all DMCA notices and lawsuits. Not really licensing, but a “covenant not to sue”.

Possible complication – simplest if accepted by all HE and ISPs. If not must avoid massive leakage from those that are covered to others that are not.

Tracy wonders about whether this model will lead to ever-growing fees in the future as it provides competition to the existing legal services.

Steve Worona is proposing that CSG write one or more position papers on some topics of interest in the copyright front.

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