LegalAtPokerPulse      PokerPulse home     Twitter
A law blog featuring the best links and guides to Internet gambling key challenges.
The Roll & Shuffle, the discriminating player's guide to the art of gambling.
U.S. - Digital Millennium Copyright Act - FIGHT BACK!

 
Post new topic   Reply to topic    LegalAtPokerPulse Forum Index -> Patents
View previous topic :: View next topic  
Author Message
legal
Site Admin


Joined: 18 Aug 2004
Posts: 510

PostPosted: Wed Jan 28, 2009 4:39 pm    Post subject: U.S. - Digital Millennium Copyright Act - FIGHT BACK! Reply with quote

U.S. - Digital Millennium Copyright Act - FIGHT BACK!

Quote:
More on EFF's successful efforts to prevent a lawsuit against JibJab cut-ups over a collectively-written American folk classic!

More on the Google Library Project settlement over digitized books without permission.


Quote:
Digital Millennium Copyright Act

Since they were enacted in 1998, the "anti-circumvention" provisions of the Digital Millennium Copyright Act ("DMCA") have not been used as Congress envisioned. Congress meant to stop copyright pirates from defeating DRM restrictions (aka content or copy protections) added to copyrighted works and to ban the "black box" devices intended for that purpose.

In practice, the DMCA and DRM have done nothing to stop "Internet piracy." Yet the DMCA has become a serious threat that jeopardizes fair use, impedes competition and innovation, chills free expression and scientific research, and interferes with computer intrusion laws. If you circumvent DRM locks for noninfringing fair uses or create the tools to do so, you might be on the receiving end of a lawsuit.

EFF has fought hard against the DMCA in the courts, Congress, and other forums. Learn more through the links below, and take action now to support DMCA reform. (From the excellent Electronic Frontier Foundation (EFF))


ComputerWorld
Kentucky cannot seize Internet domain names, court says
The latest ruling has already been appealed to the state Supreme Court.
By Jaikumar Vijayan
Jan. 26/09


Quote:
More on the Kentucky action to seize 141 Internet gambling domain names.



Quote:
The ruling was met with considerable criticism from several quarters. In a friend-of-the-court brief seeking to have the decision overturned, the Electronic Frontier Foundation called the Franklin County Circuit Court ruling "unconstitutional and made without jurisdictional authority." The San Francisco-based group argued that the decision, if allowed to stand, would create a precedent others could use to shut down sites whose content they dislike.

Others pointed out that it was the first time a court had invoked "in rem" jurisdiction over domain names, which basically allows legal action to be taken against a property itself rather than against the owners of the property.

Matthew Zimmerman, senior staff attorney at the EFF, today said that the appellate court's decision was based on an interpretation of state statutes and was the "right one." Though the lower court decision was appealed on constitutional issues as well, the appellate court did not have to examine those issues in deciding the case.

Appellate courts are "supposed to decide cases based on statutes first, rather than on constitutional issues," he said. "They are supposed to avoid addressing constitutional issues if they don't have to get into it."


Link to this entry
http://pokerpulse.com/legal/viewtopic.php?p=605#605


Last edited by legal on Mon Mar 23, 2009 10:40 am; edited 3 times in total
Back to top
View user's profile Send private message
legal
Site Admin


Joined: 18 Aug 2004
Posts: 510

PostPosted: Tue Feb 03, 2009 2:24 pm    Post subject: Reply with quote

Attacks against Antigua's right to suspend IP concessions:

Antigua Sun
Antigua may violate int’l treaty: Expert
By Patricia Campbell
Jan. 16/08


Quote:
More on the Internet gambling dispute at the World Trade Organization.

More on jealousy-guarded U.S. IP protections.

View our letter of Feb. 1/08 to the earnest Antigua Sun revealing the humiliating laughtrack on the bench attorneys provoke when citing a typical loftily-worded 'international convention'.

More U.S. tantrums over Antigua's right to ignore certain jealously-guarded IP protections as per the arbitration report of December, reported this time in Variety March 18/08.


Quote:
An international expert on intellectual property, Jorgen Blomqvist, has warned that Antigua and Barbuda will be in contravention of a major international treaty if it moves ahead with plans to use the suspension of intellectual property rights as a means of imposing trade sanctions on the US.

Blomqvist is the director of the Copyright Law Division of the Geneva-based World Intellectual Property Organization (WIPO), a specialised agency of the United Nations. In an interview with the Antigua Sun, Blomqvist said that as a signatory to the Berne Convention for the Protection of Literary and Artistic Works, Antigua and Barbuda would be obligated to protect most intellectual property rights, even if the World Trade Organisation (WTO) rules otherwise.

... He pointed out that there are several treaties dealing with intellectual property and that while a suspension of intellectual property protections might be permitted in the WTO, Antigua and Barbuda and the US are both parties to the Berne Convention, which he described as a well established international convention.

“The TRIPS Agreement says that contracting parties shall comply with the Berne Convention, with one exception, but the bulk of the economic protection under the Berne Convention is referred to in the TRIPS Agreement,” Blomqvist explained. “Since both parties are parties to the Berne Convention, if they, under some other convention, start to not grant protections to each other, then they will infringe the Berne Convention.”

Antigua and Barbuda signed on to the Berne Convention on 17 March 2000, while the US became a party to the Convention in March 1989.


Link to this entry
http://www.pokerpulse.com/legal/viewtopic.php?p=615#615
Back to top
View user's profile Send private message
legal
Site Admin


Joined: 18 Aug 2004
Posts: 510

PostPosted: Tue Feb 03, 2009 3:56 pm    Post subject: Reply with quote

Freedom of Expression
Overzealous Copyright Bozos and Other Enemies of Creativity[/color]
Hardcover
By Kembrew McLeod


Quote:
More of the book, including a refreshing take on efforts to copyright collectively-inspired folk anthem, This Land Is Your Land.

More on the IP concessions Antigua was granted in the ruling.

More of the Internet gambling dispute at the World Trade Organization.





Quote:
One Final Irony

The most shameful detail in all of this is that all developing countries - whether they were the United States and Switzerland in the nineteenth century or Brazil and Thailand in the twentieth century - had very weak patent and copyright laws. Historically, countries left out of the technological-development loop have emphasized the right of their citizens to have free access to foreign inventions and knowledge. The United States in particular had extremely lax intellectual-property laws at the turn of the twentieth century, which allowed it to freely build up its cultural and scienfitic resources. Also, the United States' agricultural economy depended on the importation of crops native to other countries because the only major crop native to North America was the sunflower.

Even the music for the U.S. national anthem, "The Star Spangled Banner," was swiped from a popular eighteenth-century English song, "To Anacreon in Heaven." This old drinking song was written by a group of English dandies in the Anacreonic Club, which was devoted to an orgy-loving Greek bard who lived during the 500 B.C.E. era. (Little do people know when they patriotically sing the anthem at sports games that the tune originally celebrated Dionysian explosions of sex and drinking.) In 1812 lyricist Francis Scott Key borrowed the tune, and in 1931 it became the national anthem. Then in 1969, at Woodstock, Jimi Hendrix famously reappropriated the anthem and drenched it in a purple haze of feedback that fit the violent and dissonant Vietnam era. We are a nation of pirates. (emphasis added)

Now the United States and other rich countries want strict enforcements of intellectual-property laws that ensure developing countries will remain uncompetitive within the globalized economy. Again, we wonder why much of the world hates us. Defenders of overbroad gene patents, terminator seeds, and global intellectual-property treaties argue that without technologies and legal protections that safeguard their investments, there would be no incentive to develop new, innovative products. Companies such as Monsanto (whose comforting motto is "Food - Health - Hope") insist that their motivations for doing business are grounded in a desire to prevent world hunger. By creating more efficient products, biotech, agribusiness, and pharmaceutical companies can contribute to the betterment of humnanity, they say.

Howevery, if you buy that selfless line of reasoning, then I have a genetically altered monkey-boy I want to sell you (all sales final). (footnotes omitted) (From This Gene is Your Gene, pgs. 60-61)


Link to this entry
http://pokerpulse.com/legal/viewtopic.php?p=616#616
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    LegalAtPokerPulse Forum Index -> Patents All times are GMT - 7 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
GoldMinerPulse
LegalAtPokerPulse
The Roll and Shuffle
Online Gaming Public Companies


Powered by phpBB © 2001, 2005 phpBB Group
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   FAQFAQ   ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in