Intellectual Property


You are a thief. How does that make you feel?

The big record labels are getting brazen. Really brazen. Today marks the opening of the first trial between the RIAA and a person it says illegally downloaded music. The problem for the RIAA is this person, and by person I mean damned hero, has decided to fight back. The RIAA has acted like a bully in most cases it’s pursued so far, so it’s great to see someone taking a stand.

But what’s coming out of the trial is more important than the trial itself. In testimony before the court, Jennifer Pariser, the top litigator for the Sony-BMG Music Group, was asked if she thought the act of copying a song off a CD a consumer owns should be allowed, which is how most of us get our music onto our Zunes or iPods. Her answer is nothing short of astounding. She state, under oath, that “when an individual makes a copy of a song for himself, I suppose we can say he stole a song.”

There you go, sportsfans, you’re now all dirty little thieves. Every single one of you. So are your friends, colleagues, lovers, and probably your parents as well. At least according to Sony-BMG.

Sony BMG’s chief anti-piracy lawyer: “Copying” music you own is “stealing”
[Ars]


MusicGiants: WMA Lossless Music, DRM-Free

MusicGiants To Go DRM-Less
MusicGiants isn’t the most well-known online music download service out there, but they’ve been pumping out WMA Lossless files since 2005. Until a couple weeks ago, all of the super hi-res files were locked down with Windows Media DRM, but no more! Right now you can only get Paul McCartney’s Memory Almost Full DRM-free in truly bit-for-bit identical quality to a CD, but by this fall, MusicGiants will release lots more titles that you can pirate share at will. (The company hasn’t done an official press release yet, but MusicGiants CEO Scott Bahneman recently spilled the beans to Stereophile.)

It sure makes the iTunes Music Store’s 256Kbps AAC files look pretty wimpy, and it even trumps 7 Digital’s DRM-less 320Kbps MP3s. Will you hear the difference? If you have a super hi-fi audio rig at home then it’s a good bet you will. If you have an iPod, then no, because the iPod can’t hang with any WMA format.

That officially makes MusicGiants’ files the highest-resolution DRM-less downloads around. Which begs the question: When will Steve Jobs let us download Apple Lossless files on the iTMS? Another question: When will more portable players support WMA Lossless?

MusicGiants Floats High-Rez Files without DRM [via Stereophile]


YouTube To Test Copyright Screening Technology

YouTube is preparing to test new video identification technology that will identify copyrighted material as it is uploaded.

The test will be held in conjunction with Time Warner and the Walt Disney Company in about one months time.

According to Reuters, the “video fingerprinting tools” scan for unique attributes in video clips that identify them as being copyrighted material. Media companies are then notified of the infringing material and are given the choice between having the video removed or keep it up as part of a revenue-sharing deal with YouTube.

The new video identification technology has been developed in response to repeated criticism alleging that the Google owner video hosting leader provides a safe haven for copyrighted material. That and over the over $1billion claimed in multiple law suits from various copyright holders.

The move by YouTube to implement its own copyright screening platform comes despite reports in February that YouTube had abandoned development plans and were set to exclusively use the Audible Magic platform.

It’s an understandable move by YouTube, but as Michael Arrington wrote in April, there are plenty of other choices for those seeking to view copyrighted material. New technologies may keep law suits at bay but ultimately viewers simply find the material they are looking for elsewhere.

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While the copyright fight rages between big record companies and their customers, some smaller, independent labels are moving in with innovation instead of litigation.

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Tech Politics Podcast: Copyright, copied wrong, battle goes on

There’s much ado about copyright, whether in Congress, among the movie and recording industries or with the Electronic Frontier Foundation.

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CrunchGear’s Essential Guide to Piracy

Vince at CrunchGear has written a layperson’s guide to piracy, explaining the scene, the tools, and the mindset of bored teens and organized criminals alike. While you won’t be able to download Spiderman 3 with the information he provides, it’s a fascinating look at one of the most divisive topics in computing today.

Help Key: The Essential Guide to Piracy

Crunch Network: CrunchBoard because it’s time for you to find a new Job2.0

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Lots of Intellectual Property-related news today:

MySpace has announced their implementation of copy protection, aptly named “Take Down and Stay Down”, that promises to knock out user generated piracy like a prize fighter. Now identified copyrighted audio and video content will be taken from the site, fingerprinted, and blocked from reposting. The service will also feature a tool for The new service will be powered by Audible Magic, which has become a technology of choice for YouTube and Dailymotion’s anti-piracy efforts. Metacafe allegedly has their own internal IP control. GigaOm has a good roundup of some other finger printing services.

In a move that would make Orwell fans grin, HBO’s Chief Technology Officer, Bob Zitter, suggested DRM needed a name change to Digital Consumer Enablement (DCE) in a speech at The National Cable & Telecommunications Association (NCTA) conference in Las Vegas. Zitter backs up the statement by highlighting the new content publishers would be willing to distribute if their rights could be secured. After the speech, Zitter spoke about HBO’s technological adventures into HD broadcasting over digital networks, noting there was still an “analog gap” where piracy could easily take place. Coming this late in the game, the statement seems like a belated attempt to put the copyright cat back in the bag.

Media Rights Technologies, makers of an anti-piracy X1 SeCure Recording Control technology, has issued a cease and desist letter to Apple, Microsoft, Real, and Adobe. The letter argues the multimedia players these companies produce are in violation of the DMCA because they avoided implementing effective DRM technologies, specifically their own. The DMCA makes it illegal to circumvent technological protections that control access to copyrighted works. MRT alledges that “mere avoidance of an effective copyright protection solution is a violation of the act”. The letter also alludes to potential monetary damages of at least $200 to $2,500 per product distributed. Considering Apple iPods just crossed the 100 million mark, that’s a lot of fictional dollars on the line.

However, with the developments with EMI on iTunes and statements of ex-Yahoo David Goldberg, MRT may be on the wrong side of history.

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