Must Read: @zvirosen Critiques Florida Flo & Eddie Ruling: Another Season, Another Common-Law Copyright Opinion

This one from the Supreme Court of Florida, finding that Florida common law does does not recognize an exclusive right of public performers for the holders of common-law copyrights in sound recordings made before February 15, 1972.  The 11th Circuit certified a series of questions to the Florida Supreme Court…Instead of addressing these questions, the Court chose to address a reformulated question of its own, “Does Florida common law recognize the exclusive right of public performance in pre-1972 sound recordings?”

The obvious problem with this is that it fails to address whether pre-72 sound recordings are protected under Florida law more generally.  The Court notes (pp. 19-20) that Florida criminal law provides penalties against commercial bootleggers of sound recordings, but those criminal provisions do not impact a range of activity including noncommercial infringement.

This could be excused as judicial minimalism if it wasn’t central to the case – Flo & Eddie sued in Florida specifically because SiriusXM has servers there, and alleged that copying was ongoing on those servers in violation of their exclusive right of reproduction.

Read the post on Mostly IP History

@ethanbaron: Google accused of racketeering in lawsuit claiming pattern of trade secrets theft

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[Editor Charlie sez:  This is nothing compared to what Google has done to the music business–can you say “notice and shakedown”?]

In an explosive new allegation, a renowned architect has accused Google of racketeering, saying in a lawsuit the company has a pattern of stealing trade secrets from people it first invites to collaborate.

Architect Eli Attia spent 50 years developing what his lawsuit calls “game-changing new technology” for building construction. Google in 2010 struck a deal to work with him on commercializing it as software, and Attia moved with his family from New York to Palo Alto to focus on the initiative, code-named “Project Genie.”

The project was undertaken in Google’s secretive “Google X” unit for experimental “moonshots.”

But then Google and its co-founders Larry Page and Sergey Brin “plotted to squeeze Attia out of the project” and pretended to kill it but used Attia’s technology to “surreptitiously” spin off Project Genie into a new company, according to the lawsuit.

Read the post in the San Jose Mercury News

@perstrombeck: Having a Bubble Bath or Why the “Buried” Piracy Report Got It All Backwards

[Editor Charlie sez:  Maybe the report was buried because it was an expensive embarrassment, results oriented, left out important data and was policy laundering?  And why was it only just discovered now that the European Commission fined Google $2.7 billion?  Here’s a tip–if something seems like bullshit, it probably is.]

Conventional wisdom says if you pour cold water into a hot bath, the temperature of the bath water will fall. New research, however, challenges this outdated view. That’s right: I was having a nice, hot bubble bath and decided to do a scientific experiment. So I opened the cold water tap and let it run into the tub. After ten minutes, I measured the temperature and again after fifteen minutes. To my surprise, the temperature was the same both times! It felt strange, because I was freezing, but you can’t argue with research. My experiment shows that pouring cold water into a hot tub does not decrease the water temperature. I thought about writing a 300-page report about it, but the government would only bury it.

You guessed it, I’m not really talking about bathing but the supposedly buried report that says piracy does not hurt legal sales. This idea is one of the pirates’ favourite daydreams. The recently leaked report adds to the daydreaming. I read the 307 pages so you wouldn’t have to. The mistake is on page 74. The claims go against established research, empirical evidence and common sense. The reason for the misleading conclusion is method problems (intentional or not, your guess is as good as mine).

Read the post on Netopia

@FranklinFoer: How Silicon Valley is erasing your individuality

[Editor Charlie sez:  Remember that most of these companies are in the MIC Coalition cartel that is colluding to destroy songwriters, and royalty deadbeat Facebook refuses to license at all.]

Until recently, it was easy to define our most widely known corporations. Any third-grader could describe their essence. Exxon sells gas; McDonald’s makes hamburgers; Walmart is a place to buy stuff. This is no longer so. Today’s ascendant monopolies aspire to encompass all of existence. Google derives from googol, a number (1 followed by 100 zeros) that mathematicians use as shorthand for unimaginably large quantities. Larry Page and Sergey Brin founded Google with the mission of organizing all knowledge, but that proved too narrow. They now aim to build driverless cars, manufacture phones and conquer death. Amazon, which once called itself “the everything store,” now produces television shows, owns Whole Foods and powers the cloud. The architect of this firm, Jeff Bezos, even owns this newspaper.

Along with Facebook, Microsoft and Apple, these companies are in a race to become our “personal assistant.” They want to wake us in the morning, have their artificial intelligence software guide us through our days and never quite leave our sides. They aspire to become the repository for precious and private items, our calendars and contacts, our photos and documents. They intend for us to turn unthinkingly to them for information and entertainment while they catalogue our intentions and aversions. Google Glass and the Apple Watch prefigure the day when these companies implant their artificial intelligence in our bodies. Brin has mused, “Perhaps in the future, we can attach a little version of Google that you just plug into your brain.”

More than any previous coterie of corporations, the tech monopolies aspire to mold humanity into their desired image of it.

Read the post on The Washington Post

@daveweigel: Breaking from tech giants, Democrats consider becoming an antimonopoly party

A messy, public brawl over a Google critic’s ouster from a Washington think tank has exposed a fissure in Democratic Party politics. On one side there’s a young and growing faction advocating new antimonopoly laws, and on the other a rival faction struggling to defend itself.

At issue is a decades-long relationship between Democrats and tech companies, with Democratic presidents signing off on deregulation and candidates embracing money and innovations from firms like Google and Facebook. Now, locked out of power and convinced that same coziness with large corporations cost them the presidency, Democrats are talking themselves into breaking with tech giants and becoming an antimonopoly party.

The argument had a breakthrough last week when it was reported that Barry Lynn, a monopoly critic and longtime scholar at the Google-funded New America Foundation, was leaving and taking his 10-person initiative with him.

Lynn, who has been critical of Google, had praised European regulators for hitting the company with a $2.7 billion antitrust fine. The foundation, which has received more than $21 million from Google, removed Lynn’s comments from its website.

“A lot of people see this as a tipping point,” Lynn said of his departure in an interview. “This is something that’s upset people on both sides of the aisle.”

Read the post on Washington Post

@theguardian: The Guardian view on Google: overweening power

When Google received a record $2.7bn fine from the European Union in June for abusing its search engine monopoly to promote its shopping search service, a relatively minor member of an American thinktank, the New America Foundation, posted a short statement praising the regulator, and calling on the US to follow suit.

The New America Foundation is intimately intertwined with the search firm. It has received more than $20m over its lifetime from Google and related companies and individuals. So when Eric Schmidt, the executive chairman of Google’s parent company Alphabet, expressed his displeasure over the statement, the foundation moved quickly. The tussle that followed ended up with its author, Barry Lynn, departing the group, along with his entire team at the Open Markets programme.

To be clear: neither Google, nor Mr Schmidt, told New America to fire Mr Lynn or his colleagues. They did not have to.

Similarly, Google doesn’t have to ask the researchers whom it funds to write about public policy to turn in favourable articles. But it has funded, directly or indirectly, 329 such papers since 2005, according to the US-based Campaign for Accountability. More than a quarter of those funded directly by Google didn’t disclose the source of their money, according to the report.

Read the post on The Guardian

 

 

 

 

 

 

@riaa: Five Stubborn Truths About YouTube and The Value Gap

[Editor Charlie sez:  Lyor is the distraction.]

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We are pleased that Lyor Cohen says he is making it his mission to direct some of YouTube’s revenues back to the music creators who drive its success. His optimism is encouraging. But to be honest, we’ve heard pretty much the same claims and arguments from YouTube before. So while Lyor’s heart may be in the right place, the numbers and YouTube’s actions tell a different story.

Let’s be real about what we know:

1. Google’s YouTube is the world’s biggest on-demand music service, with more than 1.5 billion logged-in monthly users. But it exploits a “safe harbor” in the law that was never intended for it, to avoid paying music creators fairly. This not only hurts musicians, it also jeopardizes music’s fragile recovery and gives YouTube an unfair competitive advantage that harms the digital marketplace and innovation.

2. Lyor claims the focus on this safe harbor is “a distraction,” but it’s YouTube that seems obsessed with this legal pretext, probably because it’s the safe harbor that enables YouTube to drive down payments to creators, inappropriately. The safe harbor was intended to protect passive Internet platforms with no knowledge of what its users are doing, not active music distributors like YouTube. As Lyor acknowledges in his blog, “the majority of music…is coming from [YouTube’s] recommendations, rather than people searching for what they want to listen to.”

It’s no mere “distraction” when YouTube uses the safe harbor to skew negotiations with music creators in its favor; to offer a below-market rate and say “take it or leave it,” knowing that by “leaving it” music creators will have to spend countless hours and resources sending takedown notices when they find unauthorized copy after copy of their music on YouTube, only to find them pop right back up again.

That’s precisely why dozens of music organizations and thousands of individual creators across the entire global music spectrum have banded together to protest the existing laws — www.valuethemusic.com — or simply asked YouTube to be a better partner: YouTubeCanDoBetter. Their concerns are real, their indignation is genuine. To dismiss that is to turn a deaf ear to an entire creative community.

Read the post on Medium