Tag Archive for 'copyright'

Judges round-up

Rupert White of the Law Society Gazette tips off Geeklawyer to the judge who slammed Solicitor-Inadequates. Apparently 3 out of 4 Solicitor-Inadequates were totally crap. Indeed the judge, Gledhill QC, nearly discharged the jury on the basis that the defence executed by one hapless failed barrister/SI was so woefully inept that his defendant might not be able to have a fair trial. He said:

One solicitor ‘addressed the jury directly’ on two occasions in cross examination, another ‘clearly had no idea what the rules of re-examination were’ and the jury was ‘misled about one of the defendants’ bad ­character’. ‘The list goes on and on,’ he said.

He also alleged that the London firms, Bullivant & Partners and McCormacks, may have kept the advocacy skills in-house to raise their billable hours. They deny this. Whiny Bullivant snivelled:

its advocates ‘refute the accusations of incompetence’ and accused the judge of creating an ‘intimidating atmosphere’ for the advocates. The statement quotes Roxburgh as saying the judge’s hostility ‘was conveyed by facial expression and vocal intonation… he referred to us innumerable times as “solicitors” in tones of contempt’. In contrast, it said, the judge treated the only barrister in the case – the prosecuting counsel – ‘with perfectly proper courtesy’.

Their inexperience and naivete is to complain about being savaged by the judge: for fuck sake that’s the only entertainment the poor bastards get at work. A barrister would know this: pretend barristers don’t, not even if they are wearing a wig like the real lawyers do.

In another case the judge clearly forgot that he had a conflict of interest. In the PirateBay trial judge Thomas Norström omitted that he was a member of the same pro-copyright groups as several entertainment industry reps in the case. As if that wasn’t bad enough he’s part of the Swedish Association for the Protection of Industrial Property (Svenska föreningen för industriellt rättsskydd), which is lobbying for tougher copyright laws. Oops. What is Swedish for ‘Conflict of Interest’? “intressekonflikt”?

update:
Ouch. A district judge, Judge Margaret Short, has been sacked for being rude to solicitors: the last time this happened was in 1983. Being rude to solicitors is of course much less acceptable than to Solicitor Inadequates.

William Patry’s SCL talk — Podcast

William Patry’s talk was at the SCL Annual Lecture in 2009 at the institute of Electrical Engineers. The theme of his lecture was a rationale approach to copyright policy based on evidence. It was dedicated to the great IP judge Sir Hugh Laddie. The lecture secondarily publicized Patry’s new book Moral Panic and the Copyright Wars: on the strength of the lecture it has been purchased.

The great and the good of the English IT Law world attended: LJ Jacob and Lord Hoffman. Geeklawyer spotted Daniel Alexander QC of 8 New Square in the front row, and of course your loyal scribe was there. In the Q&A LJ Jacob, sensing the mood of the attendees, posed the deliberately contrarian socratic question “Why not make copyright permanent?” which Patry dealt with deftly.

The quality is a little dubious (in reference to a comment below, the quality of the audio! :) ) The SCL will do an official podcast of the talk and I’ll link to it when it is published.

update: official podcast from here. Please soak up their bandwidth not mine! ;)

 

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sleazy EU legislation shenanigans

Geeklawyer spotted Professor Lilian Edwards’ post on the shenanigans surrounding the “3 strikes and your off” legislation currently doing the rounds globally.

The US content providers are worried about online downloading and even though swinging and biased legislation has already been purchased by them to help them maintain a neck-lock on competition it is not enough. In the new era of the Intarweb just too many people are not playing their game: too many people have decided that there are better ways of doing thing. Yes, it does involve violation of copyright law: sometimes the good copyright laws but also, sometimes, the bad ‘We bought them’ laws of the RIAA/MPAA.

One of the things that irks the content industries is the need to prove to a court that someone has violated their copyright. Yes, it is such a fag, really; lawyers, courts, bills time. Boring, really really boring. Wouldn’t it be wonderful if we could have a system where we could just say we think you’re infringing our rights and move straight to fines or cutting you out of society by removing your ability to participate in online digital activity. Yes of course the pirates (e.g. teen children) will object and they will be supported by their digital civil liberty loons who will wank on about proportionality, due process and tiresome 19th Century concepts of legal justice and proof. Like, YAWN!

What to do? Well of course you do what anyone with fuck-loads of money does you go and buy the EU! But of course you don’t want to make it public in case of publicity so you sneak it in, through the back door, in otherwise boring and innocuous telecoms legislation. Natch you have to buy-off a few corrupt politicians like the sleazy retarded clothes-horse French President Sardozy who is more concerned with arranging threesomes with his whore wife than worrying where the bribes are coming from, or if the legislation is just.

Fortunately the inestimable bundle of energy that is Professor Lilian Edwards of the University of Edinburgh/Southampton Sheffield and Simon Bradshaw were feeling a bit Aspergers; they trawled through the legislation to spot that there was wrong-doings afoot (my words not theirs). The full gory details are here on the Open Rights Group’s site.

What;‘s very contemptible is that changes in existing legislation have been disguised so that no-one, without close analysis, knows what has changed. Sleazy with a capital vicieux’.

The proposed changes? For the full gory analysis look at the ORG brief linked to ante, but the Daily Star headlines are:

  • Any website in the EU can be compelled to cooperate with rights holders and to help with implementing a disconnection scheme;
  • The definition of ‘Security’ has been changed to include not just ‘viruses’ but bizarrely arguably, copyrighted material so that measures could be used to filter such material or throttle bandwidth;
  • the right to strike people off without due process was implemented and then removed (good, but leading to fears it is a ‘ping pong’ term that may be reinstated when there is no public attention).

For now this legislation is a work in process and it looks pretty sleazy and worrying. Geeklawyer will update as things develop.

A Lessig fanboy responds

Geeklawyer attended the, surprisingly and very disappointingly lightly attended, SCL annual lecture at the IET on Wednesday to hear Professor Lawrence Lessig’s thoughtful Corruption 2.0 talk. That very light attendance bore an ominous portent for his theme, to which GL shall return shortly.

As an aside Geeklawyer really would recommend everyone, IT/IP/whatever lawyer or geek regardless, putting the SCL on their RSS feed to spot coming talks. He has never yet been to one that sucks; at least other than the one he was invited to speak at last year & even that only sucked for his part (yes, don’t you hate false modesty?) And Geeklawyer was charmed by Pangloss’ blog post:

“… any opportunity to see Our Greatest Living Forehead perform … is too good to miss. Most of London’s IT law royalty seem to have agreed, as they were out in force, with everyone to gossip to from Richard Susskind to Chris Reed to blog king Geeklawyer …”

(in descending order obv., but nonetheless confirming Geeklawyer’s view of Professor Lilian Edwards as having unquestionable judgement.) Comments on the UK blawgosphere (sorry) so far have been somewhat mixed. Alex Newson seemed underwhelmed overall. He is from up North and, so far as Geeklawyer knows, didn’t go to a university in the South but nonetheless his view is to be respected with that qualification in mind.

Young Alex (who is currently learning to shave, so callow is his youth) took the view that Larry was likely to repeat the mistake of naivete. Well, goodness: a world without idealism would be a bleak place indeed; one whose tenancy was possessed (in common perhaps?) by your author, Alex and political lobbyists. The benefit of ivory tower academics is that while we lawyer grunts snuffle in the trough, they say what it ought to be like; charming and motivational. Alex’s thesis is that Lessig failed through an, admitted, obsession with academic rigour rather than tactical effectiveness. He says:

” A friend who attended the Lecture overheard another audience member comment: “It’s all very well, but doesn’t Larry realise that the world just doesn’t *work* like that?”

One suspects that he does, very much, realise that. Geeklawyer does not agree with Alex that these approaches are mutually and inevitably exclusive. The idea that corruption is so endemic and embedded as to be incapable of effective and non-token challenge is abhorrent to all democrats

To argue, as does Alex, that one needs to promote the idea of ‘Freedom’ rather than anti-corruption is to argue that eating hot curry is better than watching the Simpsons: there is no comparison, they have nothing in common.

Lessig did exhort geeks (and seemed to hint also at activist IP/IT lawyers? :) ) to take up the baton to combat corruption. Corruption here being of the good old fashion lobbyist advice that when deciding policy one should “go green”: not green as in ecology, but green as in the colour of the dollar that might land in some politician’s bank account.

Lilian Edwards’ article rather sadly resonated with Geeklawyer’s real world experience that Geeks prefer to huff and puff than act. In part this from inexperience. Most geeks deal with binary decisions: “if ($thing) then do {$otherthing} else {$otherthing}”, fuzzy ‘sort of’ decisions they don’t do so well. But, in fact, that is not any longer utterly true: the Open Rights Group takes it’s base support from clued up geeks and many are prepared to participate in politics via, e.g., any one of Tom Steinberg’s billion MySociety sites such as “Write to Them” or Harry Metcalfe’s “Tell Them What you Think”.

Nonetheless, Lilian’s point is well made and Geeklawyer struggled somewhat to imagine what it was that would make geeks do rather than talk. Perhaps it is unfair to single geeks out since many political activists bemoan the lethargy of the Lowing Herd. Perhaps geeks need to become more effective at adopting the tools needed to inform politicians to abrogate the malign influence of ‘green(back)’ lobbyists. It is a cultural change and Geeklawyer doesn’t think that the Asperger tendencies of geeks prevents them from engaging with the process, indeed perhaps exactly the opposite; but they just seem to know the need, and how to pull the levers.

Other than that the problem seems to be the general one of engaging the populous with the issues that affect them, not an easy issue. Lessig may be facing a more formidable challenge in this than he did with the Eldred case.

Of course, the dour Calvinist abstemious Geeklawyer is not all about earnest debate and high minded discourse. After the Talk he was persuaded and deceived by the corrupt debase and amoral Martin Keegan to attend the CellarDoor (a converted toilet apparently) in the Strand. In this vile den of iniquity he was unwillingly coerced into consuming a significant quantity of cocktails such that he became a tad intoxicated. Oh the shame.

Above all you must understand that Geeklawyer has not given a positive review of Lessig merely because he signed Geeklawyer’s copy of “the Future of Ideas” which you should buy rather than engage in any of that silly communist Creative Commons downloading tosh.

Random Fire 9

It isn’t just Geeklawyer who thinks Internet access is a human rights issue and that “three strikes” and you’re off the Internet is a music industry bullshit way of dealing with copyright infringement and their own broken business models.

More proof that the “War on Terror” is having absurd knock on effects on common sense. Since terrorists take surveillance photographs of targets then anyone taking photographs might be a terrorist. Seems obvious went you put it like that; so PCSOs and proper cops are hassling photographers seen taking pictures and insisting on their deletion.

Amusing: a Maasai warrior chief & marathon runner in the UK to run writes on English novelties. On the Saturday April the 5th he wrote:

“…I miss meat and blood very much. Not vegetables because they are food for a woman…”

Take that you vegans. Geeklawyer is very fond of vegetables himself: they pay his absurdly high fees without complaint.

Lessig finally wins a case!

Geeklawyer is a great admirer of Professor Lessig, particularly after his battering in the Eldred case when he was, manifestly, right. Unfortunately courts are occasionally wrong on the facts the law the policy, or even all three.

So it was nice to see the 10th Circuit ruling for him for once and against the US Government. He contended that the US implementation of the Uraguay Round of GATT allowed works in the public domain to be brought back into copyright protection. Along with a change to an opt-in copyright system (used almost everywhere else in the World) the changes changed the contours of US copyright law and thus triggered a First Amendment review.

Previously the public could do anything they pleased with the unprotected work. The court said that the infringement defence of Fair Use
and the doctrine of the Idea/Expression dichotomy did not do anything to address the loss of rights of use.

Sadly, like many US decisions, this one is unlikely to find much traction in UK cases as persuasive precedent and our public domain is also under attack.

Up yours Cliff!

Breaking news!!!

A little bird, well — MIA coblogger Becky, has told Geeklawyer that the government has told the music industry to shove its mechanical copyright term extension request up its arse.

Huzzah!! Let the bells ring out. Let peals of joy be heard across the land! The public domain has been spared.

Pretty soon there’ll be loads of … , er, Cliff Richard songs online …

Oh feck!! :shock: What have we done?!

Ah fuck it — lets do mashups baby.

Music paradigm shifts (and other bollocky buzzwords)

Geeklawyer really wanted to dislike the new Prince Album since height challenged one went mad in the ’90’s, changed his name to a short Perl script and stubbornly refused to deliver a worthy successor to ‘Little Red Corvette’.

On the other hand any musician who pisses off music industry retailers record labels and other pompous arses who think musicians owe them a living gets his thumbs up.

For those of you with a life the summary is this: Prince has done that which is unheard of (?) and released his new album by CD on the cover of the Mail on Sunday before other media/stores.

Which way to swing this post?

‘Planet Earth’ is particularly fine (it has the lyric “Imagine you could rid the world of anyone you choose” — that caused Geeklawyer to drift off for an hour or two of idle sick fantasising involving entire swathes of humanity). ‘Lion of Judah’ is obscenely fine and should become the new national anthem. The other tracks are fair, none suck.

Geeklawyer may revisit Prince on the strength of this album.

See? See that, stupid record labels? free (and, specifically, Free) stuff works.

Geeklawyer was, of course, hideously embarrassed to be seen with the Mail on Sunday in his hands.

Parliament to screw up music copyright?

Thanks to Harry Metcalfe for alerting Geeklawyer to the news, greeted with weary ennui, that Parliament is thinking of yielding to the special interest groups and uber rich lobbying power of the music cartel. Despite Gower saying that extending the mechanical copyright term from 50 to 70 years was unjustified on economic grounds the vacuous MPs thought the real issue was morality.

While there is some limited legal basis for taking morals as a basis for a policy position it is very limited indeed, and mostly imported from the alien civil conceptions of France: things to do with attribution defamatory treatment etc etc.

The parliamentary group, argued primarily for consistency of the term of protection: if a composer was entitled to life + 70 years why shouldn’t a performer? If normalisation of copyright term is the policy objective one presumes that the term of other rights will need to be looked at. For example does the 25 year term for protection of a published edition need extending to life + 70 on the same basis that there is no argument for a distinction? or the 50 years of a cable-cast right?

Indeed if one is talking of morality perhaps the argument should be reversed: is there any reason why an author should get greater term protection than a performer — perhaps life+70 should be dropped to 50 years?

Indeed if ‘morality’ is the issue why not make it a perpetual right?

At its heart is the fundamental question: “why is property in intellectual creations not the same as for any other property — like the property in a physical object like a house?” A good and much broader question which I shall pose and then spinelessly abandon to another day…

Random Fire 1

Geeklawyer often spots stuff he wants to comment on but can’t get the time to work up a full post — so he has decided to introduce a short quick multiple item category with one(ish) liner comments.

So …

1) Geeklawyer is relieved that Alex and the dudes at impact resisted the faux pas of Second Life madness. Second Life is way over-hyped. Geeklawyer wandered around there for a bit and realised it was a bit like a Charades weekend with strangers — pointless and one wonders if really killing the others is acceptable (or possible). It might be good, dunno, but it really didn’t seem worth the extended effort finding out. As for wasting real money on a property comprised of nothing more than bits on a hard drive, well OK for the publicity but otherwise …

2) Open Wi-Fi connections seem to be a defence strategy for kiddy porn collectors and P2P filesharers. A recent US case demonstrated that over-confidence based on a deliberately open Wi-Fi connection may not be enough. Granted this was the US with their peculiar attachment to individual liberty, nonsense that Neo-Labour is thankfully doing away with, and the proper basis of searching criminal suspects. Geeklawyer maintains, though, that if, as he often does, one uses the Intarweb to collaborate with ones Al-Queda colleagues to kill the president, swap kiddy porn and copyrighted movie files then a public Wi-Fi access point is a good starting point for a defence: just remember to use a decent encrypted file-system and swap file/partition as well.

3) Astonished that Geeklawyer and Ilanah agree on copyright extradition. Bad bad bad: the American empire coming to a democracy near you real soon.

4) US patent reform: about fucking time. The US system is fucked. UK patent office civil servants have said as much to Geeklawyer on several occasions but believe that they are inherently superior and unlikely to succumb to the corruptions that have destroyed the credibility of the USPTO. Yea, dream on boys — wait till you have to deal with an extra 30,000 crap applications a year (some from Geeklawyer) with the concomitant political and commercial pressures …

5) Life elsewhere:
New Earth-like planet ‘581 c’ circling Gliese 581 seems to have the right temperatures size etc to support life. This is genuinely exciting news since it is the first time a real credible Earth like environment has been found. It is a mere 20 light years and therefore represents a real marketing opportunity to innovative law firms willing to send associates on a 40 light year round trip. 40 times 365 times 12 times �250 = �43.8 Million in billables. Schweeet.