Remember that illegal New York compulsory license for books that Big Tech tried to sneak through the New York Legislature? Vetoed by the Governor.Justice, Thy Name is Kathy: NY @GovKathyHochul Vetoes the Metashills’ Illegal Library Compulsory License — Music Technology Policy
[Editor Charlie sez: this is an important roundup of commentary about the Supreme Court’s failing in the Google v. Oracle case.]
On April 5, the Supreme Court published its decision in Google v. Oracle, a case that many expected to make a substantial impact in copyright law, specifically in how software code is protected. While the decision appears to have very limited applicability, many in the copyright community voiced concerns regarding how the case was decided and what the decision’s potential ramifications are. Below is a compilation of various reactions to this decision…
Read the post on Copyright Alliance
We are thrilled to report that composer and big band leader Maria Schneider has sued YouTube in the prelude to a class action. It’s worth pointing out that this is the first time since the Viacom case that the creative community has taken on the Leviathan of Mountain View. It’s also worth pointing out that Google won’t be able to buy their way out of this one the way they have the others, they can’t give a job to somebody’s child, it’s just not going to go the usual way that Google thrives on corruption. The complaint is really well-written (as we would expect) and tells the all-too-familiar compelling story of the struggle of artists to deal with YouTube’s “whack-a-mole” business model (or what Chris sometimes calls the “ennui of learned helplessness”:
This case is about copyright piracy. YouTube, the largest video-sharing website in the world, is replete with videos infringing on the rights of copyright holders. YouTube has facilitated and induced this hotbed of copyright infringement through its development and implementation of a copyright enforcement system that protects only the most powerful copyright owners such as major studios and record labels.
Plaintiffs and the Class are the ordinary creators of copyrighted works. They are denied any meaningful opportunity to prevent YouTube’s public display of works that infringe their copyrights—no matter how many times their works have previously been pirated on the platform. They are thus left behind by YouTube’s copyright enforcement system and instead are provided no meaningful ability to police the extensive infringement of their copyrighted work. These limitations are deliberate and designed to maximize YouTube’s (and its parents Google’s and Alphabet’s) focused but reckless drive for user volume and advertising revenue.
Moreover, the Plaintiffs and the Class are not only prevented from using any meaningful enforcement tool, but the system in place actually exacerbates the harms caused to them including in a manner that bars Defendants from the protections of any safe harbors under applicable copyright laws such as the Digital Millennium Copyright Act (“DMCA”).
As someone who grew up in San Francisco and wrote the book on the shady history of Silicon Valley — I simply can’t let this go. I mean, check it out: Turns out that the guy running to unseat Nancy Pelosi from “the left” is a corporate Silicon Valley astroturfer from the Electronic Frontier Foundation.
His name is Shahid Buttar.
Why is this significant? EFF is America’s oldest and most influential internet business lobby — an organization that has played a pivotal role in shaping the internet as it exists today. That privatized telecommunication system that’s owned by giant monopolies, powered by for-profit surveillance and influence ops, dominated by spies, and lacking any democratic oversight? Yep, that one. EFF is directly responsible for bringing it into being — and for making sure it stays privatized, shitty, and oligarchic.
As I wrote in my massive investigation into EFF’s shady history and it’s pro-Silicon Valley astroturf tricks for The Baffler a few years back, this organization has done an amazing job convincing us that it’s one of the good guys on the Internet — that it’s grassroots and on the side of the people. In reality, EFF has always been on the side of corporations, fighting against democratic control of Silicon Valley — from making sure ISPs could grow into giant monopolies to blowing up the first (and only) attempt to regulate Google’s surveillance business model back in 2004.
[Editor Charlie sez: The Oracle v. Google case is going to be the most important copyright case in a very, very long time. Oracle won the case on appeal twice and Google got the Supreme Court to review. The case is about two issues being copyright in software and whether Google’s taking of Oracle’s code is fair use and permissionless innovation. Because of the fair use argument, this is not just some battle of tech companies because no one knows better than us that Google will take any win on fair use and push it even farther.
So all artists, songwriters, photographers, film makers, authors–all of us–are in the same boat with Oracle on this point. Sure Oracle is a big company, but Google is an even bigger company with a trillion dollar market cap and Google is trying to roll over Oracle the same way they roll over us.
In a must read “friend of the court” brief, Helienne Lindvall, David Lowery, Blake Morgan and the Songwriters Guild of America make this case as independent artists, songwriters and labels all harmed by Google’s policies that are out of touch with the market starting with YouTube.
As Beggars Group Chairman Martin Mills put it, “[P]olicing the YouTubes of this world for infringing content is a herculean task, one beyond all but the largest of companies. For my community, the independents, it’s a game of whack-a-mole they can only lose.”
Helienne, David, Blake and the SGA put that case squarely before the U.S. Supreme Court in this must-read friend of the court brief.]
Independent creators rely on copyright protection to safeguard their works. This is true not just of songwriters and composers, but of countless creators, including recording artists, photographers, filmmakers, visual artists, and software developers. Copyright is, in fact, of existential importance to such creators, who would be utterly lacking in market power and the ability to earn their livings without it.
Google’s business model is a prime example of the need for strong copyright protection. Since Google’s founding, Amici have experienced, observed and believe that Google has used its unprecedented online footprint to dictate the terms of the market for creative works. By tying together a set of limited exceptions and exclusions within the U.S. Copyright Act and analogous laws in other countries, and then advocating for the radical expansion of those exceptions, Google has amplified its own market power to the great detriment of copyright owners. Thus, where fair use is meant to be a limited defense to infringement founded on the cultural and economic good for both creators and the public, Google has throttled it into a business model.