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New Center for Democracy and Technology Paper Released


6/27/2005 6:07 pm

The Center for Democracy and Technology (CDT) has released a paper, “Protecting Copyright and Internet Values: A Balanced Path Forward,” that seeks to offer a balanced perspective on the problem of online copyright infringement.  Although noting the current tension between safeguarding content and preserving the open architecture of the Internet, CDT argues that there is a path toward a policy convergence consistent with both interests, leading to a bigger pie for content creators and consumers alike.

To achieve this balance, CDT proposes a carrot-and-stick approach: First, punishment of bad actors –- both individuals who infringe copyright and companies who actively encourage infringement –- will encourage the vast majority of citizens to prefer lawful services. Second, development of a marketplace with Digital Rights Management (DRM) tools that respect the needs and interests of both consumers and copyright holders will provide attractive lawful alternatives for these citizens to adopt instead.  Finally, better public education is necessary to teach citizens that infringement is wrong and that lawful alternatives are available.

Although the report does not get very far into the specifics of its approach, it is interesting to see a presentation of a middle ground in such a divisive area.  Reactions to the report have varied; examples can be found here, here and here.

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Friday, April 8: Signal or Noise 2k5: Creative Revolution? conference


4/4/2005 2:24 pm

Register today to attend Digital Media's Friday's conference, Signal or Noise 2k5: Creative Revolution?

As digital technologies enable audiences to become artists and publishers, often by building off others’ work, some are celebrating the popularization of the creative process – while others are decrying theft and plagiarism.  Signal or Noise 2k5: Creative Revolution? will explore the legal, ethical, cultural, and business implications of creative reuse through an exciting mix of performances, demonstrations, and panels.  Artists’ complex reactions to commercial, artist, and audience reuses of their works; the challenges new derivative genres present to traditional copyright doctrine; and the opportunities and complications presented by noncommercial creation and widespread free republication will also be addressed.

Join panelists for dinner and discussion after the conference -- sign up for Food for Thought, a Berkman tradition. 

Signal or Noise 2K5 is hosted by the Berkman Center for Internet & Society, the Harvard Journal of Law & Technology, and the Harvard Committee on Sports and Entertainment Law.

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Coaxing Hollywood into Digital Media


1/26/2005 10:37 am

Intel has teamed up with Revelations Entertainment, the production company co-founded by Morgan Freeman, in an effort to educate Hollywood about digital content delivery. The Intel-Revelations Open House, on display at Revleations’ Santa Monica offices, is a sample digital home showcasing emerging technologies for downloading and enjoying entertainment in digital form. The companies’ goal is to allow industry professionals, who have so far tended to view digital media as a threat to profits, to become familiar with the possibilities for authorized and protected digital content delivery. As Freeman explained, "Our task is to make film easier to buy than to pirate." --Contributed by Jenevieve Maerker

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Online Sales Up 1000% in 2004


1/24/2005 11:14 am

As reported, research by the IFPI and Jupiter indicates that over 200 million tracks were sold through online music stores in 2004, totaling $330 million in sales. This ten-fold increase from 2003 is attributed to the growing number of online music stores, increase in available tracks, and decrease in internet piracy.

Despite the increases in legal music downloading, Shelly Taylor & Associates reports that online stores need to improve the available capabilities and resources they provide for consumers. Of the listed complaints, confusing navigation, proprietary music formats, and poor user interfaces were the top faults of low-rated stores. Fnac, which took first place among surveyed music stores, offers consumers added benefits such as discounted prices, music video downloads, and selling concert tickets, which were unavailable at the second highest rated store, iTunes.

While some reports suggest that online music stores may need improvement, others attribute the huge increase in sales to the music industry's campaign to promote legal downloading and to produce newer, more efficient portable music players. Sales are expected to double in 2005. --Contributed by Jane Yoon

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A Year of Change in Digital Media

1/19/2005 4:58 pm

Today, the Berkman Center's Digital Media Project released a new report assessing how the digitization of music and movies has transformed not only businesses but copyright law and the idea of intellectual property. The report -- Copyright and Digital Media in a Post-Napster World -- updates a foundational whitepaper, released originally in 2003, to reflect major areas of change. In addition to new lawsuits and proposed legislation, one of the major developments since 2003 lies in international policy changes. The White Paper includes an International Supplement that offers an overview of the most fundamental shifts.

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"John Doe" Lawsuit, Continued


1/14/2005 10:03 am

The US Court of Appeals for the 8th Circuit has reversed a November District Court order that required ISP Charter Communications, Inc. to turn over to the RIAA the names and addresses of some 220 subscribers alleged to be transmitting copyrighted works via peer-to-peer networks. After a motion to quash the subpoenas was denied in November, Charter turned over the names and addresses in compliance with the order. The Court's January 4th decision [PDF, 70k] includes orders prohibiting the RIAA from further using any of the information obtained. The decision closely followed an earlier ruling by the DC Circuit Court [PDF, 55k], which determined that the right of copyright holders to request subpoenas under the DMCA does not extend to ISPs that merely act as conduits for transmission of infringing files. The decision effectively requires copyright-holders to file "John Doe" lawsuits to obtain from ISPs the identities of infringing subscribers. The opinion also suggested that the subpoena mechanism in the DMCA [PDF, 320k] may unconstitutionally appropriate judicial power, but did not formally rule on the issue. --Contributed by Michael Hoke

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New Research Report: Business Models for Digital Media


1/7/2005 10:47 am

Today, the Berkman Center's Digital Media Project released a new research report that examines emerging business models for digital media distribution and the policy questions they raise. While SNOCAP and iTunes have generated hype about the potential of digital media sales, policymakers have increasingly been asked to regulate this emerging marketplace and the copyright, intellectual property, and technological questions it raises. The new paper, Content and Control: Assessing the Impact of Policy Choices on Potential Online Business Models in the Music and Film Industries, offers a guide to policymakers facing these questions: it assesses the impact of different governmental decisions on emerging business models. As the authors conclude, "government intervention is currently premature because it is unlikely to strike an appropriate balance between achieving industry goals while supporting other social values, such as consumer rights, the diversity of available content, and technological innovation."

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