[MCN-L] IP SIG: Recent U.S. Cases on Fair Use
Exploring my ridiculously large file of "Interesting - I'll get to that later" e-mail messages, I ran across this one, below. Interesting indeed for IP SIG and all Fair Use fans out there. Old news, perhaps, but better late than never. Amalyah Keshet Chair, MCN IP SIG - For people interested in fair use issues, two recent and important cases are worth reading. The first is Bill Graham Archives v. Dorling Kindersley Limited, which the Second Circuit decided on May 9, 2006: http://www.copybites.com/2006/05/second_circuit_.html In that case, the Second Circuit found that the use of reduced images in a biographical work constituted transformative fair use. Relying in part on Kelly v. Arriba Soft Corp., the Second Circuit rejected arguments that the use of the reduced size images required additional commentary and criticism beyond their placement in a biographical timeline. In addition, they declined to consider the market for the transformative use of these images as relevant to fourth factor analysis, where the only relevant market harm to consider according to the court was harm to traditional non-transformative uses. The other case of interest is Wall Data Incorporated v. Los Angeles County Sheriff?s Department, which the Ninth Circuit decided on May 17, 2006: http://www.copybites.com/2006/05/ninth_circuit_s.html Here, the Ninth Circuit found the defendants liable for copyright infringement. The essential point of condemnation was the defendant?s unauthorized duplication of computer software to achieve the same purpose as provided in their software licenses. Of particular interest is the Ninth Circuit?s point of view on heightened vulnerability of computer software to illegal copying, which indicates that this court is less likely to grant fair use rights over computer software relative to other types of protected works such as books or photographs. While the breadth of the opinion's discussion on this heightened fair use standard is limited to computer software, one could see it as potentially signaling the appeals court's future approach to fair use exceptions over protected digital content in general. Also, the Ninth Circuit reaffirmed it's position that licensees of copyrighted works cannot seek protection under Section 117(a)'s "essential step" exception to Section 106 exclusive rights. -- Cory Hojka Editor of "Copybites: A Copyright Law Blog" http://www.copybites.com
[MCN-L] File Storage Best Practices Redux
Thank you all for responding, now that I'm making my late return to the party. All of these solutions provide some interesting things for me to think about. The DiskXtender solution is very attractive given our EMC commitment, but it still begs the question of creating the SLA's, categorizing the data etc. David, I think you have an interesting sounding, low-cost tiered solution and again the only part that scares me a bit is that everyone will need to understand something about how the system works. I'm sure you have this problem too, but I've found that my biggest space abusers (e.g., the person who keeps 8000 messages in his Exchange Deleted folder) are the ones who have the biggest problems comprehending anything about storage. Everyone has confirmed my aversion to optical storage. I'm going to go over some of these ideas with my network guy and try to hammer out something that resembles a policy. Thanks again. Chuck On 8/31/06, Matthew P. Stevens wrote: > http://software.emc.com/products/software_az/diskxtender_for_windows.htm > ?hlnav=T > > An interesting software solution I am considering from EMC. > ... > -Original Message- > From: mcn-l-bounces at mcn.edu [mailto:mcn-l-bounces at mcn.edu] On Behalf Of > Tom A. > > We finally gave up on DVD storage and are exclusively using disk based > solutions for data (or images). ... > After searching high and low for a good Backup software package, it > dawned on me that > Roxio Toast has a backup utility called Deja Vu, which I ignored for > a long time. I gave it a > spin and I have not looked back. ... > On Aug 31, 2006, at 9:50 AM, David Marsh wrote: > ... > > I use disk based backup with a 10 cartridge rotation. The entire > > tree is > > backed up daily. Using commodity IDE (or SATA) hard disks is very cost > > effective. Blows tape systems out of the water regarding cost, speed, > > random access, flexibility. But a single tier system like this will > > inevitably run out of space eventually, so I'm looking to develop a > > more > > sophisticated model. > > > > My current line of thinking is to retain the single tree for > > simplicity. > > Users (all of them ...not just the technophiles) need to understand > > something before they can use it. I'm intending to add a separate > > archive area. This will be on a separate disk volume. The main > > directory > > tree will be scanned nightly, and any file not even looked at for, > > say, > > 6 months will be moved to the archive in an identical directory > > path. It > > will probably be made read-only. I may provide users direct access to > > it, and that would stop them modifying the contents. I want that data > > static. > > > > Right now I'm thinking of maintaining 3 copies of the archive. > > That's a > > big deal, as with the 10 cartridge rotation on the main directory > > tree, > > we need 10 GB of media for every 1 GB of working space. That really > > holds us back from exploiting cheap disk space to the fullest. With > > this > > archive system, we'll only need 3, so all things being equal we'll > > have > > 3 (ok, 3.33...) times the archive space on the same hardware > > budget. The > > three, rotating copies will be 1 online, 1 physically secure on-sight > > and one in a safety deposit box (size 2) at the bank we do our cash > > run > > with.
[MCN-L] 2006 Computers and the History of Art Conference
This message is being sent to several list servers. Please forgive any duplicate messages that you may receive. -- COMPUTERS AND THE HISTORY OF ART (CHArt) TWENTY-SECOND ANNUAL CONFERENCE BIRKBECK COLLEGE, LONDON Thursday 9 - Friday 10 November 2006 FAST FORWARD: Art History, Curation and Practice After Media Since its foundation in 1985 CHArt has closely followed the extraordinary developments in arts computing that have taken place over nearly two decades. The twenty-second CHArt conference will reflect upon the unprecedented ways that media. particularly 'new media', are transforming our understanding of the world and of ourselves. The CHArt 2006 program addresses the possibilities and challenges of these changes, as they affect visual culture. KEYNOTE ADDRESS - Bruce Wands, Director, New York Digital Salon, New York, USA. THURSDAY 9 NOVEMBER SESSION 1 - Steps of New Media Art at the Venice Biennale, 1960s to 1990s. Francesca Franco, Birkbeck College, University of London, UK. Electronic Civil Disobedience: The SWARM case. Fidele Vlavo, London South Bank University, London, UK. SESSION 2 - User Requirements for a 'Virtual Arts Centre of the Future'. Katrien Berte and Peter Mechant, Department of Communication Sciences, Ghent University, Belgium. The Digital Space of the Teatro Olimpico: A New Environment for Interactive Arts. Daniela Sirbu, University of Lethbridge, Canada. SESSION 3 - New Futures in Net Art: Discovering Emergent Art Historical Technique in Net Art Contextualisation. Charlotte Frost, Birkbeck College, University of London, UK. 'High Archive Fever': The Internet and Art Historical Research in China. Adele Tan, Courtauld Institute of Art, University of London, UK. Aesthetics and Interactive Art Karen Cham, The Open University, UK. SESSION 4 - Panel Session Approaches to the Practice of Curating New Media Art. Sarah Cook, Beryl Graham and Ele Carpenter, CRUMB, University of Sunderland. FRIDAY 11 NOVEMBER SESSION 5 - Preservation of Net Art in Museums. Anne Laforet, University of Avignon, France. Preserving and Recovering Computer Art: Reconstructing Data or the Artwork. Nick Lambert, Birkbeck College, University of London, UK. Conservation and Preservation in the Post-Media Phase: A Suggested Strategy Theory. Timothy Mohn, Pratt Institute Digital Arts Laboratory, New York, USA. SESSION 6 - When Presence and Absence Turn into Pattern and Randomness: Can You See Me Now? Maria Chatzichristodoulou (maria x), Goldsmiths College, University of London, UK. Embodying Judgment: New Media and Art Criticism. Daniel Palmer, Monash University, Melbourne, Australia. SESSION 7 - CHARADE: The Peer-To-Peer Distribution of Media Assets Into the Public at Large. Simon Pope, Goldsmiths College, University of London, UK. A Blueprint of Bacterial Life - Can a Science-Art Fusion Move the Boundaries of Visual and Audio Interpretation? Elaine Shemilt, University of Dundee, Scotland. 'You Are Here': Locative Media and the Body As Networked Site. Alicia Cornwell, Tufts University, Massachusetts, USA. SESSION 8 - No Thanks to the Dictionary: Visualising Language in the Post-Medium Age. Philip Klobucar, Vancouver, Canada. Putting Two and Two Together to Make Yellow - Synaesthesia, Media, Art and Life. Rob Flint, Nottingham Trent University, UK. DEMONSTRATIONS: EdiNA (Edinburgh University Data Library), Paula Cuccurullo. The booking form is available online at . Bookings made before 13 October 2006 will be entitled to a discount. Conference Fees (pounds sterling) - include coffee/tea breaks and lunch. Send bookings to: Hazel Gardiner, CHArt, CCH, Kings College London, Kay House, 7 Arundel Street, WC2R 3DX, tel: +44 (0)20 7848 2013, fax: +44 (0)20 7848 2980, hazel.gardiner at kcl.ac.uk (please use the subject heading CHArt Conference 2006 in any email queries). BOOKING CHArt Member: (TWO DAYS) ?100 (?80 before 13 Oct 2006) (ONE DAY) ?60 (?50 before 13 Oct 2006) Non-member: (TWO DAYS) ?130 (?110 before 13 Oct 2006) (ONE DAY) ?80 (?70 before 13 Oct 2006) CHArt Student Member: (TWO DAYS) ?60 (?40 before 13 Oct 2006) (ONE DAY) ?40 (?30 before 13 Oct 2006) Student Non-member: (TWO DAYS) ?80 (?60 before 13 Oct 2006) (ONE DAY) ?50 ?40 before 13 Oct 2006) -- Marlene Gordon Visual Resources and Music Curator University of Michigan-Dearborn 313-593-5463 313-593-1902 (fax) mgordon at umich.edu VRA-IPR Committee, Chair VRA Newsletter, Editor www.vraweb.org
[MCN-L] IP SIG: Judge Kozinski Sept. 21 Lecture onFair Use + webcast
Amalyah, I overlooked the fact that the Kosinski webcast is available later on their site which solves my problem. Thanks for pointing this out. He certainly is an iconic figure in IP. Best, Alan On 9/13/06 2:47 AM, "Amalyah Keshet" wrote: > Since 6 pm Washington DC time is 2 am on this side of the world... I > checked out their webcast site www.wcl.american.edu/pijip/webcast.cfm . > Fortunately, webcasts are saved and available later. I just accessed Pamela > Samuelson's 2005 lecture two days ago. (Had to use IE - didn't work on > Firefox.) > > Amalyah > > > - Original Message - > From: "Newman, Alan" > To: "Museum Computer Network Listserv" > Sent: Tuesday, September 12, 2006 6:28 PM > Subject: Re: [MCN-L] IP SIG: Judge Kozinski Sept. 21 Lecture onFair Use + > webcast > > >> Amalyah, >> >> Is it possible you or some other kind soul could make an MP3 and post it >> to >> the MCN site? I'd love to have it but I'm indisposed. >> >> Many thanks, >> Alan >> >> >> On 9/11/06 5:31 AM, "Amalyah Keshet" wrote: >> >>> Yet another recommendation. Seems like this webcast is a must: >>> >>> "I've actually seen him lecture on fair use before. He is indeed quite a >>> character; extraordinarily brilliant, but also one of the funniest and >>> most >>> entertaining speakers around." -Tyler Ochoa (speaker, MCN 2006 >>> Pasadena) >>> >>> Amalyah Keshet >>> Chair, MCN IP SIG (annual meeting MCN 2006, Pasadena, Friday 12:00-1:30!) >>> >>> >>> - Original Message - >>> From: "Perian Sully" >>> To: "Museum Computer Network Listserv" >>> Sent: Wednesday, September 06, 2006 5:56 PM >>> Subject: Re: [MCN-L] IP SIG: Judge Kozinski Sept. 21 Lecture on Fair Use >>> + >>> webcast >>> Thanks for forwarding this, Amalyah. I've been following Judge Kozinski's career for a while now. He's definitely a character!! It'll be interesting to see what he has to say on the topic. Perian Sully Collection Database and Records Administrator Judah L. Magnes Museum Berkeley, CA Amalyah Keshet wrote: > For colleagues in the Wash. DC area, or by webcast: > > American University Washington College of Law's > > Program on Information Justice and Intellectual Property > > Presents > > The Second Annual Finnegan, Henderson, Farabow, Garrett & Dunner, LLP > Distinguished Lecture on Intellectual Property > > The Honorable Alex Kozinski > Judge, US Court of Appeals for the Ninth Circuit > > "Fair Use Revisited" > > DATE, TIME, & LOCATION > September 21, 2006 > Reception ~ 5:00 PM | Lecture ~ 6:00 PM > Washington College of Law, 4801 Mass Ave NW | Room 603 > > REGISTRATION > > Email: iplecture at wcl.american.edu > Phone: 202-274-4148 > www.wcl.american.edu/pijip/Kozinski.cfm > > > WEBCAST > > We will be providing a streaming and on demand webcast of the lecture > for > those who are unable to make it to Washington. > The webcast will be available at > www.wcl.american.edu/pijip/webcast.cfm. > >>> >>> ___ >>> You are currently subscribed to mcn-l, the listserv of the Museum >>> Computer >>> Network (http://www.mcn.edu) >>> >>> To post to this list, send messages to: mcn-l at mcn.edu >>> >>> To unsubscribe or change mcn-l delivery options visit: >>> http://toronto.mediatrope.com/mailman/listinfo/mcn-l >> >> ___ >> You are currently subscribed to mcn-l, the listserv of the Museum Computer >> Network (http://www.mcn.edu) >> >> To post to this list, send messages to: mcn-l at mcn.edu >> >> To unsubscribe or change mcn-l delivery options visit: >> http://toronto.mediatrope.com/mailman/listinfo/mcn-l >> > > ___ > You are currently subscribed to mcn-l, the listserv of the Museum Computer > Network (http://www.mcn.edu) > > To post to this list, send messages to: mcn-l at mcn.edu > > To unsubscribe or change mcn-l delivery options visit: > http://toronto.mediatrope.com/mailman/listinfo/mcn-l
[MCN-L] IP SIG: Judge Kozinski Sept. 21 Lecture onFair Use + webcast
Since 6 pm Washington DC time is 2 am on this side of the world... I checked out their webcast site www.wcl.american.edu/pijip/webcast.cfm . Fortunately, webcasts are saved and available later. I just accessed Pamela Samuelson's 2005 lecture two days ago. (Had to use IE - didn't work on Firefox.) Amalyah - Original Message - From: "Newman, Alan" To: "Museum Computer Network Listserv" Sent: Tuesday, September 12, 2006 6:28 PM Subject: Re: [MCN-L] IP SIG: Judge Kozinski Sept. 21 Lecture onFair Use + webcast > Amalyah, > > Is it possible you or some other kind soul could make an MP3 and post it > to > the MCN site? I'd love to have it but I'm indisposed. > > Many thanks, > Alan > > > On 9/11/06 5:31 AM, "Amalyah Keshet" wrote: > >> Yet another recommendation. Seems like this webcast is a must: >> >> "I've actually seen him lecture on fair use before. He is indeed quite a >> character; extraordinarily brilliant, but also one of the funniest and >> most >> entertaining speakers around." -Tyler Ochoa (speaker, MCN 2006 >> Pasadena) >> >> Amalyah Keshet >> Chair, MCN IP SIG (annual meeting MCN 2006, Pasadena, Friday 12:00-1:30!) >> >> >> - Original Message - >> From: "Perian Sully" >> To: "Museum Computer Network Listserv" >> Sent: Wednesday, September 06, 2006 5:56 PM >> Subject: Re: [MCN-L] IP SIG: Judge Kozinski Sept. 21 Lecture on Fair Use >> + >> webcast >> >>> Thanks for forwarding this, Amalyah. I've been following Judge >>> Kozinski's career for a while now. He's definitely a character!! It'll >>> be interesting to see what he has to say on the topic. >>> >>> Perian Sully >>> Collection Database and Records Administrator >>> Judah L. Magnes Museum >>> Berkeley, CA >>> >>> Amalyah Keshet wrote: For colleagues in the Wash. DC area, or by webcast: American University Washington College of Law's Program on Information Justice and Intellectual Property Presents The Second Annual Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Distinguished Lecture on Intellectual Property The Honorable Alex Kozinski Judge, US Court of Appeals for the Ninth Circuit "Fair Use Revisited" DATE, TIME, & LOCATION September 21, 2006 Reception ~ 5:00 PM | Lecture ~ 6:00 PM Washington College of Law, 4801 Mass Ave NW | Room 603 REGISTRATION Email: iplecture at wcl.american.edu Phone: 202-274-4148 www.wcl.american.edu/pijip/Kozinski.cfm WEBCAST We will be providing a streaming and on demand webcast of the lecture for those who are unable to make it to Washington. The webcast will be available at www.wcl.american.edu/pijip/webcast.cfm. >> >> ___ >> You are currently subscribed to mcn-l, the listserv of the Museum >> Computer >> Network (http://www.mcn.edu) >> >> To post to this list, send messages to: mcn-l at mcn.edu >> >> To unsubscribe or change mcn-l delivery options visit: >> http://toronto.mediatrope.com/mailman/listinfo/mcn-l > > ___ > You are currently subscribed to mcn-l, the listserv of the Museum Computer > Network (http://www.mcn.edu) > > To post to this list, send messages to: mcn-l at mcn.edu > > To unsubscribe or change mcn-l delivery options visit: > http://toronto.mediatrope.com/mailman/listinfo/mcn-l >
