[CSG Fall 2008] Copyright Compliance at all levels

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 … Continue reading “[CSG Fall 2008] Copyright Compliance at all levels”

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.

[ICPL 2008] Gigi Sohn from Public Knowledge

Gigi Sohn from Public Knowledge was our after-dinner speaker. Gigi talked about the file-sharing provisions in the recently passed Higher Education Reauthorization Act and how the work that the higher-ed community did last year to get those provisions struck from the original bill language didn’t hold up when the language reappeared in a subsequent version. … Continue reading “[ICPL 2008] Gigi Sohn from Public Knowledge”

Gigi Sohn from Public Knowledge was our after-dinner speaker. Gigi talked about the file-sharing provisions in the recently passed Higher Education Reauthorization Act and how the work that the higher-ed community did last year to get those provisions struck from the original bill language didn’t hold up when the language reappeared in a subsequent version. She contrasted that with the success of the copyright-reform community in getting the FCC to censure Comcast for interfering with the use of BitTorrent by their customers.

Gigi noted several differences in the two efforts and came up with some recommendations for future efforts in organizing activity around legislative policy efforts, including keeping constant pressure on telling the story to mainstream media, mobilizing the grass roots, enlisting allies from the commercial sector, and more (wish I had had a note pad with me at dinner).

Gigi also proposed forming a task force of university presidents to work on national IT policy issues for higher education. Sounds like a very timely idea to me. It was a great talk that left me energized about poliy issues for the first time in a long while.

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Does anybody other than me see this as incredibly ironic?

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[CSG Winter 08] Campus Counsel Panel on copyright and file sharing

Steve McDonald, general counsel from the Rhode Island School of Design, is talking about general copyright law and some of the issues. around it. Steve’s presentation slides are here. Beth Cate, Associate General Counsel from Indiana University, is talking about the Early Settlement Offer process. She has polled some schools and done a bunch of … Continue reading “[CSG Winter 08] Campus Counsel Panel on copyright and file sharing”

Steve McDonald, general counsel from the Rhode Island School of Design, is talking about general copyright law and some of the issues. around it. Steve’s presentation slides are here.

Beth Cate, Associate General Counsel from Indiana University, is talking about the Early Settlement Offer process. She has polled some schools and done a bunch of talking with colleagues. The attorneys have told her that they wait till they have a batch of incidents to send them to a given school. In some cases they’ve seen pre-settlement letters a month or so after they’ve gotten takedown notices. She’s been told that these are two totally separate programs that are completely uncoordinated by the industry. They have seen some of these that are not students but employees. In response to a question of what happens if a user just ignores all communication, she says that it will eventually go to a default judgement, and Steve notes that there are dozens and dozens of these out there now.

She asked three recording industry attorneys whether schools have a legal duty to preserve data pending subpoena and got one yes, one no, one maybe. Under FRCP there’s no obligation to preserve before a subpoena. Some states have a cause of action for intentional or negligent third partiy spoliation of evidence. Not clear whether state or federal rules would apply. Most common response to RIAA seems to be “our policy is to retain logs for this period of time – if you get us a subpoena in that time frame then we’ll have the data.”

Lee Smith (U Texas) – many of these activities regarding privacy have to do with the legal background on search and seizure. This goes back to colonial law on “writs of assistance” which enabled warrants in enforcing commercial law. That’s the background of the principles in the Fourth Ammendment requiring probable cause.

Oregon- awaiting federal district judge to respond to their motion to quash. They’ve made a motion on oral argument – not anticipating any more briefing. They looked at RIAA’s strategy and the what the university’s role ought to be with regards to it. The industry strategy is to hire Media Sentry, who trolls the Internet for evidence of music file transfers. What they do is not entirely clear – in Oregon a 40 year old disabled woman, Tanya Anderson, and her seven year old daughter were sued by RIAA. The case was dismissed, but then the woman sued the RIAA. That case is pending in Oregon.

The early settlement letter directs people to a web site owned by the RIAA, where you can settle the case with a credit card – from the university’s perspective this looks like a shakedown. They simply decline to be enlisted by the RIAA in this endeavor, but they are preserving the data relevant to the complaints, and told the RIAA that. Then the RIAA filed a John Doe suit. The RIAA’s afadavit contended that the data was in danger of being destroyed and that’s why they needed an ex partae subpoena – Oregon finds that problematic. Oregon wonders whether they ask for ex partae judgements to avoid having to deal with parties with some resources to get the data – namely the University or the State. heav