Posted 11/02/09 at 11:30:14 AM by Quinn Norton

Like the other media industries, newspapers are having a hard time finding people that still want to give them money. Unlike music and film, newspapers aren’t selling to the customer so much as selling the consumer to the advertiser. But with circulations dropping and basically infinite new ad space becoming available on the Internet, advertisers aren’t signing up in droves. This being the news biz, there’s no lack of people to talk about why or what to do.

Some media pundits think readers who might pay are defecting to blogs. Others think Google News is being evil. Still others blame Craigslist.org for the death of classifieds.

Whatever the cause, my colleagues are running to the government for a bailout. Unlike car makers and banks, they aren’t asking for huge piles of money. They want a legislative bailout.

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Posted 10/12/09 at 10:15:00 AM by Quinn Norton

I often get questions in email, or at conferences or parties, about points of IP law. I try to explain that I Am Not A Lawyer or that, dang, this is a party, but most people’s questions about what’s illegal are easy to answer (ripping DVDs: yes; ripping audio CDs: no; drunkenly singing “Happy Birthday” through a bullhorn at a wedding: yes; making a mashup song: depends what state you’re in). But I’ve realized that’s not really what people are asking me, because there’s a big difference between telling you what’s illegal and telling you what not to do.

Unlike much of law, copyright law requires that the rights holder go to the trouble of suing. If they don’t want to, you can claim their masterwork as your own and do a rendition in armpit farts on national TV, make a mint selling the recording, and never have a spot of trouble with the authorities.

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Posted 09/28/09 at 03:00:00 PM by Quinn Norton

As the summer wanes, the days get shorter, and the wind starts hinting of fall, you’ll naturally ask, what’s hawt in curriculum this year? Forget sex ed and intelligent design, the latest educational brawl is copyright!

Curriculums are being shipped to thousands of schools across America to teach our children all about intellectual property—every lesson plan authored by a lobbying group or industry association. It’s even legally required now in California’s famously overfunded schools.

I’m pretty into this copyright thing, but I still try to drop by the real world on occasion, just to see how it’s going. In real life, schools are struggling with larger classes and fewer resources. Now, instead of music or art (or my favorite elective, ninjutsu), we’re going to have our overworked teachers inculcating children about one side or the other of the copyfight? Great.

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Posted 08/31/09 at 06:15:17 PM by Quinn Norton

The Kindle is pretty, and sleek, and invitingly Linux-based. But underneath that alluring exterior, right alongside that hackable code, is a body of laws: terms of service, DMCA, and DRM, saying “Oh no, don’t touch me!”

To keep providers like the Author’s Guild happy, Amazon has restricted features and talked about uses being prohibited, as with its famous update taking away much text-to-speech functionality. But in a world where everything gets hacked, Amazon doesn’t have to do much more than make a reasonable effort at DRM—the legal burden is on the user. The Kindle is not very well-locked-down, and often hackers take that as winking permission.

Jesse Vincent is among the Kindle customers to create a “user-generated update.” His native ebook converter for the Kindle, called Savory, lets you convert ebooks from open formats (EPUB and PDF) to the Kindle’s format. He did it because, he says, “I’m in love with my Kindle.”

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Posted 08/14/09 at 09:30:52 PM by Quinn Norton

Trademark has been a way for creators to indicate the source of their work for hundreds of years. It makes sense—one of the reasons I don’t buy that email-pitched V1agra is that I’m not sure I can trust Pf1zer. Trademark is in the same class of property rights that give us copyrights and patents.

No one else can call their drug Viagra, it’s Pfizer’s property. Recently, trademark law has been used to get domain squatters off common brand names, which I like when it really pertains to domain squatters and feel weird about when it targets the unfortunately named Viagra family’s website.

Colleen Bell is an Austin roller derby girl who skates under the name Crackerjack, a word that means expert, but is more fun to say. She’s trying to trademark her handle for inclusion in an upcoming video game featuring roller derby girls, presumably beating the crap out of each other. Fun!

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Posted 07/22/09 at 11:45:19 AM by Quinn Norton

Jeff Koons is getting mixed signals from the American legal system. He’s an artist known for “appropriating” pop culture in his art—that’s infringing copyright to some, fair use to others.

In 1992 a photographer sued Koons for creating a statue of his photograph of two people with a line of puppies crossing their laps. Koons exaggerated the dogs’ features, turned them blue, added flowers, and called it “Banality.” The judge didn’t buy that this was different enough, or parody, and Koons lost the case along with some of the $300,000 he’d sold three statues for. It was a mixed verdict for the photographer—he won the case, but legally speaking, it seems his work really was banal.

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Posted 07/07/09 at 09:00:00 AM by Quinn Norton

This year marks the 10th anniversary of the founding of the much maligned grandaddy of peer-to-peer music piracy, Napster, and the eighth of the music industry’s first terrible move.

Napster founder Shawn Fanning didn’t exactly invent music file sharing—before Napster, Mac people had Hotline, which, being Mac software, presumably had better fonts, a gorgeous interface, and seven rabid users. What made Napster more than piracy was its many millions of users and billions of downloads. Napster had a population of music fans communicating their preferences and acting as free distributors and archivists, as well as consumers.

It wasn’t the 72,000 copies of Enter Sandman that made Napster interesting. It was finding out that someone out there had digitized their beloved recording of the TV musical version of Around the World with Nellie Bly—some crazy wonderful someone. It’s amazing that Napster didn’t result in more marriages based on hopelessly obscure tastes. It was the only moment when we could tell what bits of 20th century music people care about today, or had a chance to let tomorrow care about them too.

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Posted 06/29/09 at 01:00:15 AM by Quinn Norton

For years, Congressman Rick Boucher of Virginia wandered the desolate wilderness reserved for lawmakers who speak sensibly about copyright and the Internet. Well, given that criteria, the desolate wilderness was reserved for Rick Boucher. He’s been in Congress since 1983 and self-identifies as a techno-geek. Boucher is a different kind of politician—ours—loyal to a technology community few other representatives know exists. He has worked to legalize crypto export, expand rural broadband, support net neutrality, and has pushed back on copyright maximalism.

Boucher went so far as to say, “The recent extension of the copyright term by the Congress was wholly unjustified,” in a Slashdot interview in 2001. That’s right—Slashdot interview. Even Cory Doctorow described him as “the closest thing to a copyfighter in Congress.” (Boucher did vote for telecom immunity, confirming that no one is perfect.)

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