Legal Issues

Just How "Legal" Are Seed Libraries?

http://www.postcarbon.org/article/2339769-just-how-legal-are-seed-libraries
After the Pennsylvania Department of Agriculture cracked down on a community seed library, hundreds of seed libraries in the U.S. are suddenly wondering if they are breaking the law. According to PA regulators, in order to give out member-donated seeds, the Simpson Seed Library in Cumberland County would have to put around 400 seeds of each variety through prohibitively impractical seed testing procedures in order to determine quality, rate of germinability, and so on. The result of the PA crackdown is that the library can no longer give out seeds other than those which are commercially packaged.

The right to resell ebooks — major case looms in the Netherlands

Infringing company is pointing to a 2012 ruling by Europe’s top court, the Court of Justice of the European Union, in the case of UsedSoft v Oracle. That case was about reselling licenses for downloadable software, and the court ruled that – even when the software license explicitly forbids resale – the buyer should have the right to resell that licence, just as they would be allowed to resell a boxed software copy.

Full article

Justice Scalia -- "like a library card"

Aereo's TV Streaming Service Is Illegal, Supreme Court Says

Aereo, the company that lets subscribers watch TV stations' video that it routes onto the Internet, violates U.S. copyright law, the Supreme Court has ruled. The court's 6-3 decision reverses a lower court on what has been a hotly contested issue.

'Unlike video-on-demand services, Aereo does not provide a prearranged assortment of movies and television shows," Scalia wrote. "Rather, it assigns each subscriber an antenna that — like a library card — can be used to obtain whatever broadcasts are freely available."

Full story here.

Appeals Court Rules Digital Library Doesn't Violate Copyright Law

A U.S. appeals court says a digital library of more than 10 million scanned and searchable texts amounts to "fair use," ruling against a group of authors who claimed copyright infringement.

More info here

What Could Have Entered the Public Domain on January 1, 2014?

The books On the Road, Atlas Shrugged, and The Cat in the Hat, the films The Bridge on the River Kwai, Funny Face, and The Prince and the Showgirl, the play Endgame (“Fin de Partie”), and more. . .
Congress Shrugged

Current US law extends copyright for 70 years after the date of the author’s death, and corporate “works-for-hire” are copyrighted for 95 years after publication. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years – an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1957 would enter the public domain on January 1, 2014, where they would be “free as the air to common use.” (Mouse over any of the links below to see gorgeous cover art from 1957.) Under current copyright law, we’ll have to wait until 2053.1 And no published works will enter our public domain until 2019. The laws in Canada and the EU are different – thousands of works are entering their public domains on January 1.

http://web.law.duke.edu/cspd/publicdomainday/2014/pre-1976

Free to Forget

Europe's highest court recently ruled that EU citizens have the right to be forgotten—by Google's search engines. Bob talks with Emily Bell, Director of the Tow Center for Digital Journalism at Columbia University, about the impact of this decision on freedom of information and internet privacy.

Download MP3

Individual page for story.

Do We Need This Government Agency? 'Let Me Google That'

Story at NPR about a bill to get rid of the NTIS.

Related blog post: S. 2206 set to eliminate NTIS: fundamentally misunderstands the Internet

Book News: If Jesus Dictates A Book To You, Who Holds The Copyright?

In an unusually metaphysical copyright case, a German court has ruled that an American psychologist — and not Jesus Christ — is the author of a book that she said Christ dictated to her in a "waking dream."

Story originally found here at NPR.

Another blog post commenting on this case.

Inside the Supreme Court 'gamble' on same-sex marriage

"Forcing the Spring: Inside the Fight for Marriage Equality," follows the five-year legal battle over same sex marriage that ensued after California passed Proposition 8. The book digs beneath the surface with personal narratives of those who had been the public face of this major civil rights case. Jeffrey Brown talks to journalist and author Jo Becker.

Dump the National Technical Information Service: Let Me Google That For You Act

http://thomas.loc.gov/cgi-bin/query/z?c113:S.2206.IS:/

SEC. 3. NATIONAL TECHNICAL INFORMATION SERVICE.

(a) Repeal- Effective on the date that is 1 year after the date of the enactment of this Act, the National Technical Information Act of 1988 (subtitle B of title II of Public Law 100-519; 15 U.S.C. 3704b) is repealed.

(b) Transfer of Critical Functions-

(1) CONSULTATION REQUIREMENT- The Secretary of Commerce, the Archivist of the United States, the Comptroller General of the United States, and the Commissioner of Social Security shall consult with the Director of the Office of Management and Budget to determine if any function of the National Technical Information Service is critical to the economy of the United States.

(2) GAO CERTIFICATION- The Comptroller General of the United States shall determine which of the critical functions identified pursuant to paragraph (1) are not being carried out by any other agency or instrumentality of the Federal Government.

(3) TRANSFERS AUTHORIZED- Before the effective date set forth in subsection (a), the Secretary of Commerce may transfer the responsibility for any critical function of NTIS (as identified under paragraph (1)) that is not otherwise being carried out (as determined under paragraph (2)) to another office within the Department of Commerce.

(c) Abolition of Functions- Except for the functions transferred pursuant to subsection (b), all functions of the National Technical Information Service immediately before the repeal date described in subsection (a) are abolished on such repeal date.

Syndicate content