M.E.L.O.N.

Digital Millennium Copyright Act

by Michael Riskin

The Digital Millennium Copyright Act (DMCA) made a number of changes to copyright and how copyright enforcement works in the age of the internet. To say that the DMCA has a mixed reputation would be an understatement. One controversial provision prevents consumers of lawfully purchased music or movies from making legal copies because doing so would involve circumventing copy protection measures. An example of this would be the copying of a DVD to a portable device like an iPod. The provision that criminalizes the mere possession of circumvention tools such as DVD copying software is equally controversial.

Sometimes the controversy is caused by the misuse of the DMCA by companies inappropriately invoking its provisions to unfairly limit consumer choice. This was done by Lexmark, an inkjet and laser printer manufacturer who tried to use the DMCA to prevent third party ink makers from competing with Lexmark’s high priced refills. Their efforts failed in court.

Sampling Q&A

What is Sampling?  Sampling has several definitions, but the one used most commonly in music today is the practice of taking a section of recorded music, such as a guitar riff or a horn flourish, and inserting it into a new recording, often with some modification and in a loop. The use of samples in music can vary. Some samples are a straightforward reproduction of a familiar section of a popular song set to a new style of music. Examples of this approach are MC Hammer’s “U Can’t Touch This,” Vanilla Ice’s “Ice Ice Baby,” and Kid Rock’s “American Badass,” which sample Rick James’ “Superfreak,” Queen’s “Under Pressure,” and Metallica’s “Sad But True” respectively.

Tech News: Veoh Sails into "Safe Harbor"

by Shana Dines

In a previous article, we explained the Digital Millennium Copyright Act's "notice and takedown" and "safe harbor" provisions that were meant to insulate certain internet services from copyright infringement committed by their users. 

Viacom sued YouTube in early 2007, alleging that at least 150,000 clips on YouTube included content owned by Viacom that had been viewed at least 1.5 billion times, in total.  Viacom further condemned YouTube for profiting from a "massive copyright infringement."

Veoh, another online video site that offers a combination of licensed studio content and user-generated content, has also come under fire for hosting user-generated videos containing copyright infringements.  While Universal Music Group (UMG) has a case against Veoh still pending, Veoh recently won another case against them based on the safe harbor provision.

iTunes is getting iTaxed in Many States

by Shana Dines

The economy is in a recession.  Gas prices are up.  Mortgages are foreclosing.  But digital music sales are on the rise, with iTunes reportedly selling over 5 billion songs, to date. 

Not surprisingly, politicians have begun viewing the billion-dollar industry as a potential revenue generator for the government through taxation. 

Many states, including California, have tax laws that unintentionally protect digital downloads from taxing because of language written well before the internet was even envisioned.  However, a growing number of states have started (or will soon start) taxing digital music downloads, either through reinterpretation of existing tax laws or by passing new laws.

Tech News: New TLDs Will Stir Up .change

by Shana Dines

The Internet Corporation for Assigned Names and Numbers (ICANN) announced their unanimous decision to allow new generic top-level domains (gTLDs) last month. 

Generic top-level domains are the series of letters at the right end of a website address.  The most commonly used gTLDs are .com, and .org, while some restricted TLDs include .gov and .edu.  There are also country code TLDs, like .il for Israel and .au for Australia. 

This program, set to take effect in early 2009, could potentially add limitless new gTLDs to the realm of IP addresses.

The news comes to a mixture of reactions, ranging from fear to excitement to apathy.

Editorial: Download + Subscription = Celestial Jukebox?

By Howie Cockrill, Esq.

The music, film and television industries can no longer refer to the current internet era as part of some kind of “revolution.”  The revolution is over.  Digital won.  The internet won.

The tired term “digital content revolution” still gets bandied about quite a bit.  Perhaps it is just easier to use this term than to think about what happens next. 

This is usually the biggest problem with revolutions – making sense of the aftermath.

No – we currently find ourselves in the post-revolution internet era, where the questions are no longer, “Will digital become the primary format?” or “Will the internet change the rules of the game?”

We know the answers to those questions, and so many others, which were the news headlines and industry panel topics from 1995 to 2005.

The immediate issue is how to survive – or in modern capitalist terms, how to “monetize.” 

The urgent question for content providers is no longer whether to offer content on the internet.  The question is how to do it.

And so the beating heart of the post-revolution debate has become “download versus subscription.”

Internet Law: Website Development Agreements Pt. 3

In Part 1 of this article, I discussed:

• Formats for Website Development Agreements
• Typical phases for website development
• 8 important issues in Web Dev Agreements

I also looked at 2 of the issues (developer's services and website development). 

In Part 2, I looked at 3 more issues:

1. Delivery & Acceptance
2. Compensation
3. Term & Termination

Finally, in Part 3 I discuss:

1. Warranties
2. Ownership of Intellectual Property
3. Confidentiality

Internet Law: Website Development Agreements Pt. 2

In Part 1 of this article, I discussed:

• Formats for Website Development Agreements
• Typical phases for website development
• 8 important issues in Web Dev Agreements

I also looked at 2 of the issues (developer's services and website development). 

In this Part 2, I will look at 3 more issues:

1. Delivery & Acceptance
2. Compensation
3. Term & Termination

Internet Law: Website Development Agreements Pt. 1

Developing and maintaining a website can be relatively simple and cheap or complex and expensive, mostly depending on what the website is supposed to do.

Getting the right website may mean hiring your own employees to create the site, hiring an outside developer or learning to do it yourself with programs like Microsoft Frontpage or Macromedia Dreamweaver.

If anyone other than you is designing, maintaining or hosting the site, chances are there is (or should be) a Website Development Agreement in place.

Tech News: ICANN & Domain Names - Pt. 3

Welcome to Part 3 of this ICANN article.  Part 1 discussed the definitions of IP addresses, domain names and the Domain Name System.  Part 2 discussed the origins of ICANN, which manages the DNS. 

With all of this as background, let us now move (finally) to Part 3 – ICANN and new domain names.

Currently ICANN is considering the approval of new Generic Top Level Domains (gTLDs).

More accurately - ICANN is considering a new PROCESS for the approval of new gTLDs.

According to the ICANN website –

“The development of an appropriate process and policy for the creation of new generic top-level domains (gTLDs) is central to fostering choice and competition in the provision of domain registration services, and as such is critical to the promotion of ICANN’s core values. 

The questions to be addressed in the implementation of a new gTLD strategy…draw on technical, economic, operational, legal, public policy and other elements.”