This document summarizes several Australian copyright cases and discusses how they represent a shift towards balancing public and private rights in copyright. It outlines key cases such as Ice TV, Kazaa, Larrikin Records, iiiNet, and Optus. These cases show a softening of copyright enforcement and sanctions, as well as a pushback against large-scale infringement claims. Overall, the document argues the courts are pushing the pendulum back towards public interests in accessing and using copyrighted works.
30 C o M M u n i C at i o n s o f t h e a C M j A.docxtamicawaysmith
30 C o M M u n i C at i o n s o f t h e a C M | j A n U A R Y 2 0 1 2 | V O L . 5 5 | n O . 1
V
viewpoints
T
He eMeRGence of the Internet
has put enormous pressure
on the rights model of U.S.
copyright law. That model
is premised on the notion
that copyright holders are entitled to
control the making of copies of their
works, but technology has made that
control somewhere between fragile
and nonexistent. Content creators
have struggled to restore the control
assumed by copyright law. Two recent
developments, one pending federal
legislation and the second an industry-
wide agreement between Internet ser-
vice providers and content distributors,
provide new looks at this ongoing issue.
Technology and copyright have a
complex relationship. New waves of
technology have created novel expres-
sive opportunities and dramatic im-
provements in the ability to distribute
copyrighted works. But new technol-
ogy rarely asks permission, and with
each technical advance, we have seen
new opportunities and new clashes.
Perforated rolls for player pianos in
the early 1900s came from sheet mu-
sic and roll producers were not eager
to write checks to copyright holders.
Radio saw recorded music as a way to
fill the airways even though disks came
with a legend stating that the music
was not licensed for radio broadcast.
And the VCR introduced a new vocabu-
lary—time shifting—and the chance to
watch TV on your schedule, not broad-
casters’ schedules. It did so without of-
fering any compensation to broadcast-
ers or show producers and even created
the risk that the financing model for
free broadcast TV would be put at risk
by viewers with nimble fingers who
fast-forwarded through commercials.
Since at least the advent of Napster,
the music industry has struggled to find
a strategy to control illegal downloads
of music. Technology made it very easy
to rip CDs and share the results with the
world. The music industry responded
with lawsuits, first against Napster,
Aimster, and Grokster, and then against
individual consumers, leading to prom-
inent examples such as the ongoing
saga of Jammie Thomas-Rasset. The
suits have been on the whole quite suc-
cessful, at least as measured by the stan-
dards that lawyers use. Grokster lost 9-0
on the question of whether it might be
liable for inducing copyright infringe-
ment (there was much more division
on the question of how the U.S. Su-
preme Court’s prior Sony case should
apply to this situation). Thomas-Rasset
has faced juries multiple times and
each time jurors have come back with
damage awards—the first time $1.92
million and second time $1.5 million—
that judges found too high.
Notwithstanding all of that, the
Law and Technology
The Yin and Yang of
copyright and Technology
Examining the recurring conflicts between copyright
and technology from piano rolls to domain-name filtering.
DOI:10.1145/2063176.2063190 Randal C. Picker
...
The protocols of Napster, Gnutella, & BitTorrent are not illegal; only the user infringing copyright is illegal.
-----
COSC4211 - Computer Scientists & Society
University of Houston
Slides I used in a paper at the Centre for Research in Media & Cultural Studies (Dec 2010). Draws on my research and teaching into piracy over the last 18 months
Might need to update them at a later date with the references used, etc, and fix the image acknowledgements. Work in progress
30 C o M M u n i C at i o n s o f t h e a C M j A.docxtamicawaysmith
30 C o M M u n i C at i o n s o f t h e a C M | j A n U A R Y 2 0 1 2 | V O L . 5 5 | n O . 1
V
viewpoints
T
He eMeRGence of the Internet
has put enormous pressure
on the rights model of U.S.
copyright law. That model
is premised on the notion
that copyright holders are entitled to
control the making of copies of their
works, but technology has made that
control somewhere between fragile
and nonexistent. Content creators
have struggled to restore the control
assumed by copyright law. Two recent
developments, one pending federal
legislation and the second an industry-
wide agreement between Internet ser-
vice providers and content distributors,
provide new looks at this ongoing issue.
Technology and copyright have a
complex relationship. New waves of
technology have created novel expres-
sive opportunities and dramatic im-
provements in the ability to distribute
copyrighted works. But new technol-
ogy rarely asks permission, and with
each technical advance, we have seen
new opportunities and new clashes.
Perforated rolls for player pianos in
the early 1900s came from sheet mu-
sic and roll producers were not eager
to write checks to copyright holders.
Radio saw recorded music as a way to
fill the airways even though disks came
with a legend stating that the music
was not licensed for radio broadcast.
And the VCR introduced a new vocabu-
lary—time shifting—and the chance to
watch TV on your schedule, not broad-
casters’ schedules. It did so without of-
fering any compensation to broadcast-
ers or show producers and even created
the risk that the financing model for
free broadcast TV would be put at risk
by viewers with nimble fingers who
fast-forwarded through commercials.
Since at least the advent of Napster,
the music industry has struggled to find
a strategy to control illegal downloads
of music. Technology made it very easy
to rip CDs and share the results with the
world. The music industry responded
with lawsuits, first against Napster,
Aimster, and Grokster, and then against
individual consumers, leading to prom-
inent examples such as the ongoing
saga of Jammie Thomas-Rasset. The
suits have been on the whole quite suc-
cessful, at least as measured by the stan-
dards that lawyers use. Grokster lost 9-0
on the question of whether it might be
liable for inducing copyright infringe-
ment (there was much more division
on the question of how the U.S. Su-
preme Court’s prior Sony case should
apply to this situation). Thomas-Rasset
has faced juries multiple times and
each time jurors have come back with
damage awards—the first time $1.92
million and second time $1.5 million—
that judges found too high.
Notwithstanding all of that, the
Law and Technology
The Yin and Yang of
copyright and Technology
Examining the recurring conflicts between copyright
and technology from piano rolls to domain-name filtering.
DOI:10.1145/2063176.2063190 Randal C. Picker
...
The protocols of Napster, Gnutella, & BitTorrent are not illegal; only the user infringing copyright is illegal.
-----
COSC4211 - Computer Scientists & Society
University of Houston
Slides I used in a paper at the Centre for Research in Media & Cultural Studies (Dec 2010). Draws on my research and teaching into piracy over the last 18 months
Might need to update them at a later date with the references used, etc, and fix the image acknowledgements. Work in progress
ODI Queensland - Open Data Essentials - Law and LicensingAusGOAL
This presentation was conducted for ODI Queensland by Baden Appleyard. It examines the law and licensing issues associated with open data, in particular from a Queensland perspective. It was presented on 21 October 2015. Links to further resources exist within the presentation.
UK copyright, online intermediaries and enforcementLilian Edwards
What evidence do judges take into acount when they decide to block websites to prevent copyright infringement? Using case reports of s 97A CPDA cases in the UK, this paper shows a number of problems with judicial use of empirical evidnece especially as to whether blocking is effective.
The Pirate Bay (TPB), a Swedish Web site (Piratebay.org), is one o.docxoreo10
The Pirate Bay (TPB), a Swedish Web site (Piratebay.org), is one of the world’s most popular pirated music and content sites, offering free access to millions of copyrighted songs and thousands of copyrighted Hollywood movies. In June 2011, The Pirate Bay reported that it had about 5 million registered users, and 25 million non-registered users (so-called “free riders”). To put that number in perspective, consider that it is nearly three times the population of Sweden itself (9 million). The Pirate Bay is regularly in the top 100 most popular Web sites in the world, and reaches 1% of the global Internet popula- tion, according to Internet analysts in 2011. In Sweden, Norway, and the Netherlands, it often ranks as one of the top 10 sites. This despite the fact that TPB has been subjected to repeated legal efforts to shut it down. It bills itself as “the world’s most resilient bittorrent site.” But the battle is far from over. The Internet is becoming a tough place for music and video pirates to make a living in part because of enforce- ment actions, but more importantly because of new mobile and wireless technologies that enable high-quality content to be streamed for just a small fee.
First some background. The Pirate Bay is part of a European social and political movement that opposes copyrighted content and demands that music, videos, TV shows, and other digital content be free and unrestricted. In the words of the Pirate Party, “the Pirate Bay is a unique platform for distributing culture between regular people and independent artists, and that’s something we want to preserve.” In a unique twist on prior efforts to provide “free” music, The Pirate Bay does not operate a database of copyrighted content. Neither does it operate a network of computers owned by “members” who store the content, nor create, own, or distribute software (like BitTorrent and most other so-called P2P networks) that permit such networks to exist in the first place. These were the old techniques for ripping off music. Instead, The Pirate Bay simply provides a search engine that responds to user queries for music tracks, or specific movie titles, and generates a list of search results that include P2P networks around the world where the titles can be found. By click- ing on a selected link, users gain access to the copyrighted content, but only after downloading software and other files from that P2P network.
Voila! “No body, no crime.” The Pirate Bay just links its users to stolen media files. What could be illegal? The Pirate Bay claims it is merely a search engine provid- ing pointers to existing P2P networks that it does not itself control. It claims that it cannot control what content users ultimately find on those P2P networks, and that it is no different from any other search engine, such as Google or Bing, which are not held responsible for the content found on sites listed in search results. From a broader standpoint, The Pirate Bay’s founders also claim that ...
Future of Internet Copyrights: Recent Cases and Congressrimonlaw
Congress is currently considering whether copyright law needs to be overhauled for the digital era. Despite the explosion in innovation and creativity on the Internet since passage of the DMCA 15 years ago, tensions have been growing between content owners and technology providers, leading to high profile clashes that will impact the future of the Internet, innovation, and creativity. We will review ongoing Congressional hearings and recent cases that set the stage for these policy discussions and future legislation.
As the legal landscape continues to evolve in terms of intellectual property law, the Los Angeles Business Journal once again turned to some of the leading IP attorneys and experts in the region to get their assessments regarding the current state of IP legislation, the new rules of copyright protection, licensing and technology, and the various trends that they have been observing, and in some cases, driving. Below is a series of questions the Business Journal posed to these experts and the unique responses they provided – offering a glimpse into the state of intellectual property law in 2014 – from the perspectives of those in the trenches of our region today.
Keynote Presentation given at US Patent and Trademark Office conference on Developing the Digital Marketplace for Copyrighted Works, January 25, 2018, Washington, DC
Guest lecture given at Carnegie-Mellon University April 29. 2014. Describes the history of digital technology in book publishing and six aspects of disruption: the retail market, interoperability, self-publishing, content forms, revenue models, and copyright.
More Related Content
Similar to International Perspectives on Digital Copyright Arthur Hoyle, Univ of Canberra
ODI Queensland - Open Data Essentials - Law and LicensingAusGOAL
This presentation was conducted for ODI Queensland by Baden Appleyard. It examines the law and licensing issues associated with open data, in particular from a Queensland perspective. It was presented on 21 October 2015. Links to further resources exist within the presentation.
UK copyright, online intermediaries and enforcementLilian Edwards
What evidence do judges take into acount when they decide to block websites to prevent copyright infringement? Using case reports of s 97A CPDA cases in the UK, this paper shows a number of problems with judicial use of empirical evidnece especially as to whether blocking is effective.
The Pirate Bay (TPB), a Swedish Web site (Piratebay.org), is one o.docxoreo10
The Pirate Bay (TPB), a Swedish Web site (Piratebay.org), is one of the world’s most popular pirated music and content sites, offering free access to millions of copyrighted songs and thousands of copyrighted Hollywood movies. In June 2011, The Pirate Bay reported that it had about 5 million registered users, and 25 million non-registered users (so-called “free riders”). To put that number in perspective, consider that it is nearly three times the population of Sweden itself (9 million). The Pirate Bay is regularly in the top 100 most popular Web sites in the world, and reaches 1% of the global Internet popula- tion, according to Internet analysts in 2011. In Sweden, Norway, and the Netherlands, it often ranks as one of the top 10 sites. This despite the fact that TPB has been subjected to repeated legal efforts to shut it down. It bills itself as “the world’s most resilient bittorrent site.” But the battle is far from over. The Internet is becoming a tough place for music and video pirates to make a living in part because of enforce- ment actions, but more importantly because of new mobile and wireless technologies that enable high-quality content to be streamed for just a small fee.
First some background. The Pirate Bay is part of a European social and political movement that opposes copyrighted content and demands that music, videos, TV shows, and other digital content be free and unrestricted. In the words of the Pirate Party, “the Pirate Bay is a unique platform for distributing culture between regular people and independent artists, and that’s something we want to preserve.” In a unique twist on prior efforts to provide “free” music, The Pirate Bay does not operate a database of copyrighted content. Neither does it operate a network of computers owned by “members” who store the content, nor create, own, or distribute software (like BitTorrent and most other so-called P2P networks) that permit such networks to exist in the first place. These were the old techniques for ripping off music. Instead, The Pirate Bay simply provides a search engine that responds to user queries for music tracks, or specific movie titles, and generates a list of search results that include P2P networks around the world where the titles can be found. By click- ing on a selected link, users gain access to the copyrighted content, but only after downloading software and other files from that P2P network.
Voila! “No body, no crime.” The Pirate Bay just links its users to stolen media files. What could be illegal? The Pirate Bay claims it is merely a search engine provid- ing pointers to existing P2P networks that it does not itself control. It claims that it cannot control what content users ultimately find on those P2P networks, and that it is no different from any other search engine, such as Google or Bing, which are not held responsible for the content found on sites listed in search results. From a broader standpoint, The Pirate Bay’s founders also claim that ...
Future of Internet Copyrights: Recent Cases and Congressrimonlaw
Congress is currently considering whether copyright law needs to be overhauled for the digital era. Despite the explosion in innovation and creativity on the Internet since passage of the DMCA 15 years ago, tensions have been growing between content owners and technology providers, leading to high profile clashes that will impact the future of the Internet, innovation, and creativity. We will review ongoing Congressional hearings and recent cases that set the stage for these policy discussions and future legislation.
As the legal landscape continues to evolve in terms of intellectual property law, the Los Angeles Business Journal once again turned to some of the leading IP attorneys and experts in the region to get their assessments regarding the current state of IP legislation, the new rules of copyright protection, licensing and technology, and the various trends that they have been observing, and in some cases, driving. Below is a series of questions the Business Journal posed to these experts and the unique responses they provided – offering a glimpse into the state of intellectual property law in 2014 – from the perspectives of those in the trenches of our region today.
Similar to International Perspectives on Digital Copyright Arthur Hoyle, Univ of Canberra (20)
Keynote Presentation given at US Patent and Trademark Office conference on Developing the Digital Marketplace for Copyrighted Works, January 25, 2018, Washington, DC
Guest lecture given at Carnegie-Mellon University April 29. 2014. Describes the history of digital technology in book publishing and six aspects of disruption: the retail market, interoperability, self-publishing, content forms, revenue models, and copyright.
Accelerate your Kubernetes clusters with Varnish CachingThijs Feryn
A presentation about the usage and availability of Varnish on Kubernetes. This talk explores the capabilities of Varnish caching and shows how to use the Varnish Helm chart to deploy it to Kubernetes.
This presentation was delivered at K8SUG Singapore. See https://feryn.eu/presentations/accelerate-your-kubernetes-clusters-with-varnish-caching-k8sug-singapore-28-2024 for more details.
Key Trends Shaping the Future of Infrastructure.pdfCheryl Hung
Keynote at DIGIT West Expo, Glasgow on 29 May 2024.
Cheryl Hung, ochery.com
Sr Director, Infrastructure Ecosystem, Arm.
The key trends across hardware, cloud and open-source; exploring how these areas are likely to mature and develop over the short and long-term, and then considering how organisations can position themselves to adapt and thrive.
Transcript: Selling digital books in 2024: Insights from industry leaders - T...BookNet Canada
The publishing industry has been selling digital audiobooks and ebooks for over a decade and has found its groove. What’s changed? What has stayed the same? Where do we go from here? Join a group of leading sales peers from across the industry for a conversation about the lessons learned since the popularization of digital books, best practices, digital book supply chain management, and more.
Link to video recording: https://bnctechforum.ca/sessions/selling-digital-books-in-2024-insights-from-industry-leaders/
Presented by BookNet Canada on May 28, 2024, with support from the Department of Canadian Heritage.
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Connector Corner: Automate dynamic content and events by pushing a buttonDianaGray10
Here is something new! In our next Connector Corner webinar, we will demonstrate how you can use a single workflow to:
Create a campaign using Mailchimp with merge tags/fields
Send an interactive Slack channel message (using buttons)
Have the message received by managers and peers along with a test email for review
But there’s more:
In a second workflow supporting the same use case, you’ll see:
Your campaign sent to target colleagues for approval
If the “Approve” button is clicked, a Jira/Zendesk ticket is created for the marketing design team
But—if the “Reject” button is pushed, colleagues will be alerted via Slack message
Join us to learn more about this new, human-in-the-loop capability, brought to you by Integration Service connectors.
And...
Speakers:
Akshay Agnihotri, Product Manager
Charlie Greenberg, Host
Elevating Tactical DDD Patterns Through Object CalisthenicsDorra BARTAGUIZ
After immersing yourself in the blue book and its red counterpart, attending DDD-focused conferences, and applying tactical patterns, you're left with a crucial question: How do I ensure my design is effective? Tactical patterns within Domain-Driven Design (DDD) serve as guiding principles for creating clear and manageable domain models. However, achieving success with these patterns requires additional guidance. Interestingly, we've observed that a set of constraints initially designed for training purposes remarkably aligns with effective pattern implementation, offering a more ‘mechanical’ approach. Let's explore together how Object Calisthenics can elevate the design of your tactical DDD patterns, offering concrete help for those venturing into DDD for the first time!
Smart TV Buyer Insights Survey 2024 by 91mobiles.pdf91mobiles
91mobiles recently conducted a Smart TV Buyer Insights Survey in which we asked over 3,000 respondents about the TV they own, aspects they look at on a new TV, and their TV buying preferences.
Encryption in Microsoft 365 - ExpertsLive Netherlands 2024Albert Hoitingh
In this session I delve into the encryption technology used in Microsoft 365 and Microsoft Purview. Including the concepts of Customer Key and Double Key Encryption.
GDG Cloud Southlake #33: Boule & Rebala: Effective AppSec in SDLC using Deplo...James Anderson
Effective Application Security in Software Delivery lifecycle using Deployment Firewall and DBOM
The modern software delivery process (or the CI/CD process) includes many tools, distributed teams, open-source code, and cloud platforms. Constant focus on speed to release software to market, along with the traditional slow and manual security checks has caused gaps in continuous security as an important piece in the software supply chain. Today organizations feel more susceptible to external and internal cyber threats due to the vast attack surface in their applications supply chain and the lack of end-to-end governance and risk management.
The software team must secure its software delivery process to avoid vulnerability and security breaches. This needs to be achieved with existing tool chains and without extensive rework of the delivery processes. This talk will present strategies and techniques for providing visibility into the true risk of the existing vulnerabilities, preventing the introduction of security issues in the software, resolving vulnerabilities in production environments quickly, and capturing the deployment bill of materials (DBOM).
Speakers:
Bob Boule
Robert Boule is a technology enthusiast with PASSION for technology and making things work along with a knack for helping others understand how things work. He comes with around 20 years of solution engineering experience in application security, software continuous delivery, and SaaS platforms. He is known for his dynamic presentations in CI/CD and application security integrated in software delivery lifecycle.
Gopinath Rebala
Gopinath Rebala is the CTO of OpsMx, where he has overall responsibility for the machine learning and data processing architectures for Secure Software Delivery. Gopi also has a strong connection with our customers, leading design and architecture for strategic implementations. Gopi is a frequent speaker and well-known leader in continuous delivery and integrating security into software delivery.
Securing your Kubernetes cluster_ a step-by-step guide to success !KatiaHIMEUR1
Today, after several years of existence, an extremely active community and an ultra-dynamic ecosystem, Kubernetes has established itself as the de facto standard in container orchestration. Thanks to a wide range of managed services, it has never been so easy to set up a ready-to-use Kubernetes cluster.
However, this ease of use means that the subject of security in Kubernetes is often left for later, or even neglected. This exposes companies to significant risks.
In this talk, I'll show you step-by-step how to secure your Kubernetes cluster for greater peace of mind and reliability.
2. W ill l k t f l t
We will look at a few relevant cases
the history of copyright represents a continual struggle
between public and private rights, with first one and
then other gaining a temporary ascendency
I want to look briefly at a number of recent Australian
cases, and in particular:
cases and in particular:
Ice TV,
Kazaa,
Larrikin Records
iiiNet ; and
Optus
3. Ice TV
The pre‐existing relevant law represented a rejection
of the American Feist line on originality in
compilations by the Australian courts
The High Court of Australia rejected Nine’s complaint
The High Court of Australia rejected Nine s complaint,
saying that there was little substantial originality in
arranging a list the time and title information in
g g
chronological order.
4. The Larrikin Records case
Kookaburra Sings in the Old Gum Tree is and old
Australian song created for a competition
CCopyright purchased for $6,000 from an estate sale
i h h d f f l
Fifty years later Men At Work recorded Do you come
from the Land Downunder which was alleged by
Larrikin to contain elements of Kookaburra in a flute
riff subsequently added by Greg Hay
q y y g y
8. The Court Found
There was objective similarity sufficient to be classified
as breach, but
It did not amount to a finding that the flute riff is a
did fi di h h fl iff i
substantial part of ‘Down Under’ or that it is indeed
the hook of that song
the ‘hook’ of that song
The 40% to 60% damages claimed were "excessive,
over‐reaching and unrealistic“
g
Were assessed as 5% going back only to 2002
9. A Shift in Judicial treatment of
A Shift in Judicial treatment of
Copyright?
Seen in the context of Ice TV, this was seen by many in
the interested legal community as indicating a
discernible shift in the court s view of copyright and its
di ibl hift i th t’ i f i ht d it
enforceability through a distinct softening in the
sanctions
10. Th Sh K
The Sharman or Kazaa case
Sharman Networks and certain others associated with
the Kazaa P2P “file sharing” software were liable for
the authorisation of copyright infringement engaged
in by Kazaa users.
The Judge expressed the view that “it has long been
The Judge expressed the view that it has long been
obvious that those (warnings in end user agreements)
measures are ineffective to prevent, or even
substantially to curtail, copyright infringements by
users”
12. The iiNet case
AFACT sent notices to iiNet, attaching information
allegedly demonstrating that iiNet users were using
BitTorrent to infringe the film companies’ copyright
to infringe the film companies copyright
the court reviewed not only the Kazaa decision but all
relevant precedent including Moorhouse, Jain, Metro,
Cooper and K
C d Kazaa
It found that “the means by which the applicant's
copying is infringed is in iiNet users' use of the
users use of the
constituent parts of the BitTorrent system. IiNet has
no control over the BitTorrent system and is not
responsible for the operation of the BitTorrent system”
system
13. The situation in Australia post iiNet
The situation in Australia post‐
the mere provision of the facility to copy is not
considered sufficient to render the supplier of the
service guilty of any act that affects a third party
undertaken using that service
The High Court in its ruling on an appeal from the
Federal Court held that iiNet had no direct technical
power to prevent its customer from using the
BitTorrent system, and that iiNet’s only power was
indirect
14. The Optus Case
p
Optus used a minimal delay before they rebroadcast
material originally sold by the football codes to Telstra
i l i i ll ld b h f b ll d T l
under a process by which Optus customers can record
and watch matches screened on free‐to‐air television
and replay with delays as short as two minutes on some
devices
An appeal panel of the Federal Court overturned the
decision, finding that the Betamax precedent was
inapplicable
This reinforced the status quo, and in doing so
restated the validity of contractual arrangements
involving the assignment of copyright