Use of copyright today far exceeds the ways its framers imagined. We need reform, not just adjustments.
Copyright is back in the news in Europe. In the UK, the Digital Economy Bill proposes to increase the maximum prison sentence for online copyright infringement to ten years. Meanwhile, an extensive modernisation of copyright for the EU is also in progress, with a goal of making the treatment of copyright the same across Europe, especially in relation to digital media. Continue reading
In pursuit of market control now, deployers of DRM are robbing us of our culture in perpetuity by enclosing the future commons.
Ancient dry stone enclosure wall in Cornwall, England
It’s possible that you think that unauthorised use of copyrighted music, films and books is such a serious problem that it’s worth giving away a little of your convenience and freedom in exchange for stopping it. If you do, I’d like to suggest you think again – and time is running out. Continue reading
Maybe if we stopped saying “copy” everywhere we’d find a way to fix copyright?
- Why is a song that I play digitally or a book I read electronically subject to extensive controls that are not considered appropriate to physical records or books? It’s because they are subject to licenses that can’t be applied by the seller to the physical works.
- Why can those licences be imposed on digital works? Because the use of digital works is considered subject to copyright, whereas the use of physical works is not because of a legal doctrine called “copyright exhaustion”.
- Why is that? Because the act of instantiating the work for use has been described as “copying”, allowing the rules surrounding copyright to be used as a threat to back up arbitrary license terms controlling use.
In a thread on Twitter, the CTO at Chef Software defended the company against the accusation from an open source contributor that it demands copyright assignment from contributors. Chef’s CTO Adam Jacob explained that the company does copy Apache rules and thus requires a copyright license agreement (CLA) in addition to Apache’s open source license – not copyright assignment. He said:
we have never asked for copyright assignment. We do ask for a license, as Apache license requires.
That’s not actually correct, even if it’s a sufficiently common misunderstanding that Jacob really shouldn’t be called out for asserting it (especially as he was probably just suffering from Twitter’s 140 character limit!). Copying Apache’s license does not imply you should copy the rest of Apache’s CLA practice. The Apache License v2 (ALv2) is the best choice among non-reciprocal licenses for new projects, mostly because it includes explicit patent licensing. It is a perfectly effective license to use for any open source project where the community has no expectation of contribution on the part of users of the code, as it conveys all the rights you need to work with the code independently of others. Continue reading
Last week Google petitioned the Supreme Court of the United States for permission to appeal the Federal Circuit decision to overturn their victory against Oracle. You may remember that Oracle sued for patent and copyright infringement over Google’s use of a small subset of the huge Java class API in Android. Oracle lost in front of a jury in the district court in San Francisco, but then won on appeal.
The case will be a significant landmark for the technology industry regardless of the outcome, but the real impact of any decisions reached will be felt first by Android. The petition itself then suggests that the wider impact of the case is narrower than others might have feared, as its effects only come into play with substantial systems of APIs. Still, in the event of an Oracle win, open-source-licensed APIs would suddenly become much more important and the work of creating developer ecosystems around proprietary APIs would become much more challenging.
The Google petition includes three detailed and thorough arguments for the overturning of the Federal Circuit decision. For a look into what those arguments are and more on the significance of the case, try Simon’s InfoWorld article.