Disney is a name that is often associated with copyright maximalism for pretty good reasons. Despite the fact that many of its early successes depended heavily on either direct infringement or making use of the public domain, the company was a very aggressive enforcer of its own copyrights. And, of course, it was also a primary lobbyist for expanding copyright protections, andextending copyright term every time Mickey Mouse approached the public domain.
However, in the past few years, it’s seemed as though Disney has been a bit quieter than in the past about copyright issues, allowing some other companies to take the lead on that. And, in some cases, it seems to even be recognizing (*gasp*) that some infringement can actually be a good thing. Andrew Leonard, over at Salon, has the story of how Disney has finally joined the 21st century in realizing that having fans create derivative works around the movie Frozen, has actually been useful and free promotion for the original (and massively successful) movie.
All too often we seem to see people making copyright claims over public domain works. It’s especially egregious when we see museums do this kind of thing, as happens every so often.
While museums in some other countries like to try to claim that they can create a new copyright on the digital scan of a public domain image, in the U.S. it is generally considered settled law that museums cannot create such a new copyright. Public domain is the public domain….
In 2012, we pointed out how ridiculous it was that then Homeland Security boss Janet Napolitano, who self-described herself as a Luddite, admitted that she didn’t use email at all. This seemed troubling, given that DHS was ostensibly in charge of cybersecurity, and you’d hope that the boss would understand the basics of email. Of course, she later admitted to the real reason why she didn’t use email: it created a paper-trail that would make her too accountable….
It’s been a couple of months, so maybe you thought that there were no more dumb criminals doing dumb things with technology any longer. Well, that was a very silly thought, silly-thought-thinker. You should know by now that nothing will stop the deluge of dumb. This latest is special, however, due to the impressive dedication to stupid by our criminal mastermind. This case is one in which an 18 year old man videotaped himself driving like an idiot on purpose, injured himself to the point of needing an airlift to a hospital, after which he uploaded the video to YouTube — accurately titling it “Me Driving Like an Idiot”
But in a series of cases this week about law enforcement searches of cell phones, we caught a glimpse of the Supreme Court’s real technology problem. Here’s what it comes down to: it’s not essential that the Court knows specifics about how technology itself works—and as Timothy Lee argues, that might even tempt them to make technology-based decisions that don’t generalize well. However, it is essential that the Court understands how people use technology, especially in areas where they’re trying to elaborate a standard of what expectations are “reasonable.”
We didn’t write about this case when it came out because it just seemed so ridiculous, but filmmaker Quentin Tarantino sued Gawker Media earlier this year for linking to a script he had apparently been working on. There had been a bunch of media coverage over the fact that his script for The Hateful Eightleaked, and was being shared around Hollywood, though not online. Gawker then asked anyone if they’d seen a copy, leading to a followup post which included a link to the newly leaked script….
A few states are still wrapped up in the “knockout game” panic, despite there being very little evidence that it’s even a thing, much less something that can’t be handled by existing assault laws. But since no panic can be allowed to escape unlegislated, sweaty-browed legislators are pushing bad, broadly-written bills in order to put an end to this scourge, one that lies somewhere between “vodka tampon” and “jenkem” on the scale of believability.
Why can’t movie-streaming sites deliver the selection of movies that customers obviously want? This was the question posed by a recent New York Times column, comparing undersupplied services like Netflix with unauthorized platforms like Popcorn Time. The answer, the Times explains, is windowing—the industry practice of selling exclusivity periods to certain markets and platforms, with the result of staggered launches.
But the Times fails to ask a more fundamental question: why do streaming sites have to listen to Hollywood’s windowing demands in the first place? After all, while it’s clear why the studios like windowing—they can sell the same rights over and over once the promised exclusivity periods expire—it doesn’t seem like a very good deal for users. Those users get access to a smaller selection, higher prices, and fewer choices between platforms and services. It should be astonishing that a company that once had to maintain and transport a staggering inventory of fragile plastic discs is able to offer less when its marginal cost dropped to near zero.
The problem is that, unlike earlier movie-rental options, streaming rights fall fundamentally within a permission culture….
The copyright industries’ obsession with trying to shoot down piracy at all costs can sometimes cause them to end up shooting themselves in the foot. Here, for example, is a great example from Microsoft, which has recently been fulminating against the dangers of software piracy:
A new study released Tuesday reaffirms what we in Microsoft’s Digital Crimes Unit have seen for some time now — cybercrime is a booming business for organized crime groups all over the world. The study, conducted by IDC and the National University of Singapore (NUS), reveals that businesses worldwide will spend nearly $500 billion in 2014 to deal with the problems caused by malware on pirated software. Individual consumers, meanwhile, are expected to spend $25 billion and waste 1.2 billion hours this year because of security threats and costly computer fixes.
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.