infringe

How long should copyright last in a digital age?

Victor Keegan of The Guardian asks an important question for today's market of near-disposable IP: how long should we allow copyright to endure? When business models increasingly revolve around immediate monetization, does it make sense to hold copyright for 50 to 70 years after the creator dies?

It is curious that there is so much pressure to extend copyright in an internet age defined by the willingness to share knowledge freely, ranging from Wikipedia to the genome project. The reason? Producer lobbies are far more powerful than difficult-to-organise consumer ones.

I'm somewhat biased in this - after all, my understanding of IP came of age under the tutelage of Larry Lessig in law school - but I believe the desire to extend copyright interminably bodes ill for both consumers and creators of intellectual property. That is, provided we actually policed it, which we fortunately don't (or don't strictly) [PDF].

As Keegan points out, and which I've noted before, we don't really have a "respect for IP" problem that goads us into extending copyright. It's just that our producers are still tweaking business models for a digital age that recognize the ease of copying and capitalize on this, rather than fear or shun it:… Read more

Where are all of those donated XO laptops going?

Given all the interest around One Laptop Per Child's "Give One Get One" program, I've been wondering just where all those laptops that are being donated are actually going.

For those who have been in the dark, the organization is trying to boost its low-cost laptop program through a promotion in which people in the U.S. can pay $399 to donate one of the rugged Linux laptops and also get one for themselves. The program's terms and conditions say little, other than that it will go to a child in a country on the … Read more

Vonage, Verizon settle patent spat for up to $120 million

Updated at 7:25 a.m. PDT Friday.*

Vonage said Thursday it had resolved an ongoing patent dispute with Verizon Communications at a price tag of up to $120 million, ending what has been a mostly gloomy saga for the struggling Internet phone company.

The announcement comes about a month after New Jersey-based Vonage, which has yet to turn a profit, lost the bulk of an appeal regarding three voice over Internet protocol patents held by the nation's second largest telephone company.

The appeals court upheld a jury finding that Vonage had infringed on two patents that are arguably … Read more

RIAA threatens 19 universities with lawsuits

Updated at 12:03 p.m. PDT: Just in time to welcome many students back from fall break, the Recording Industry Association of America on Thursday dispatched a new round of "prelitigation" letters to 19 U.S. universities from coast to coast, alleging that campus networks are being used to commit copyright infringement.

For those keeping score at home, this marks the ninth time the RIAA has launched such an initiative.

As usual, each of the 411 letters reveals that a student or employee of the school is about to be sued for copyright infringement. The letters also … Read more

Vonage wants review of Verizon patent appeal

Vonage has asked a federal appeals court to revisit its recent decision to uphold most of a patent infringement ruling in a case it lost to Verizon Communications.

The Internet phone company characterized the request for a rehearing as the "next logical step" in the litigation process and in "moving our business forward."

The struggling firm also continues to "explore all legal options available to put the Verizon litigation to rest," Chief Legal Officer Sharon O'Leary said in a statement Wednesday.

Could that mean another out-of-court settlement is on the horizon? Earlier this … Read more

Will appeal succeed in RIAA's $222,000 'making available' case?

The Minnesota woman who was slapped with a $222,000 penalty for "making available" songs on the Kazaa network is appealing her loss.

But can she actually win against the Recording Industry Association of America?

There's probably a 50-50 chance. On one hand, the RIAA has won some minor victories in the last few years with its "making available" arguments to expand copyright law beyond what it actually seems to say. Now that there's finally going to be some serious public and judicial scrutiny, however, the odds are closer to even.

(If the RIAA … Read more

Vonage settles patent case with Sprint

Internet telephony provider Vonage said Monday that is has settled its patent dispute with Sprint Nextel.

The two companies have entered into a licensing arrangement that allows Vonage to use patents for voice over Internet Protocol, or VoIP, technology that are held by Sprint.

Vonage has agreed to pay Sprint a total of $80 million, according to the company. This includes $35 million for past use of the license, $40 million for a fully paid future license and $5 million in prepayment for services.

In September, a Kansas jury found that Vonage had infringed six Sprint patents. And it ordered … Read more

Bush admin: RIAA win shows copyright law is 'effective'

The Bush administration said on Friday that the recording industry's $222,000 courtroom victory shows that the legal system is working against peer-to-peer pirates.

"Cases such as this remind us strong enforcement is a significant part of the effort to eliminate piracy, and that we have an effective legal system in the U.S. that enables rights holders to protect their intellectual property," said Chris Israel, the U.S. Coordinator for International Intellectual Property Enforcement, to CNET News.com.

President Bush named Israel, formerly a senior Commerce Department official, to the key copyright post in July 2005. … Read more

Why the RIAA should have won (though the fine was too high)

The Recording Industry Association of America probably should have won its lawsuit against a Minnesota woman accused of sharing songs through the Kazaa file-sharing network.

There was enough evidence linking Jammie Thomas' computer to an IP address that was offering a slew of copyrighted songs to other Kazaa users. A jury in Minnesota, hardly the record labels' home turf, unanimously thought so too.

The problem isn't the verdict. It's the penalty.

After decades of special-interest lobbying by large holders of intellectual property rights, U.S. copyright law has spiraled out of control. It's been transformed from limited … Read more