[Legal] (no subject)

[Maksim Otstavnov]

Кстати, хороший прикол про "технические средства обхода":

Date: Fri, 29 Mar 2002 12:10:01 -0600
Subject: <nettime> More utter genius from futurefeedforward
From: Bruce Sterling <bruces на well.com>
To: Announcer <nettime-l на bbs.thing.net>
Sender: nettime-l-request на bbs.thing.net
Reply-To: Bruce Sterling <bruces на well.com>


February 8, 2011


New MS Word Feature Checks Files for Copyright Infringement


REDMOND--A bundle of feature updates and add-ons released Monday to
subscribers of Microsoft's popular word-processor service Word includes a
new digital rights management, or "DRM", feature designed to facilitate
the use of copyrighted material in documents written using the service.

"We're very excited about the new [copyright advisor] tool," explains
Microsoft VP of Circumstantial Features Edmund Raunch. "For hundreds of
years there's been a lot of legal uncertainty surrounding the writing
process.  How would you know, for example, if what you were writing was
infringing somebody else's copyright unless you knew everything that had
already been written.  Well, we've tackled that uncertainty and just blown
it away."

Known informally as "the Mouse," the feature involves a
context-appropriate pop-up avatar in the likeness of Disney's famous
cartoon character.  "Disney actually approached us concerning a branding
alliance on the feature," explains Raunch.  "They're very dedicated to the
whole copyright and rights management issue and wanted to be actively
involved in the development of the Advisor."

The advisor works in much the same way as conventional spell-checking and
grammar-checking features, monitoring documents on-the-fly as they are
created and flagging any potential problems for the user.  Once a
potentially infringing passage is identified, the Advisor materializes and
offers a number of options, including suggested, non-infringing
re-phrasings, and an option to pursue automated negotiation for a
licensing micro-payment to cover the use of the copyrighted material.

The advisor identifies potential infringement by checking documents
against those stored in a centralized registry database maintained by the
company.  The registry also functions as a clearinghouse for licensing
transactions involving registered materials.  "We're very happy to offer
registration in the Advisor's database free of charge to content
creators," notes Raunch.  "We recover our costs by taking a small slice of
each of the licensing transactions."

During a feature demonstration, the advisor proved adept at identifying
direct copying, noting almost instantly that "Call me Ishmael" was taken
from Moby Dick, a book once, but no longer, in the public domain.  In a
cheerful voice, Mickey suggested alternatives, including "My name is
Ishmael" and "Call me Ichabod," and also offered to license the phrase for
8 cents in fewer than 50 copies of the document.

More impressive was the advisor's ability to identify potential
"derivative uses," including creation of sequels and so-called "fan
fiction."  With fewer tell-tale details than the words "Kirk," "logic,"
and "pointy ears," Mickey was able to suggest that we seek license from
Paramount for creation of a work derivative of its Star Trek franchise.

The feature is not without its critics, many of whom emphasize the
Advisor's power to delete unlicensed language it deems to infringe
another's copyright.  "This is putting too much power in the hands of
Microsoft," notes Information Without Borders director Janet Pullet.
"The advisor enforces their view of copyright law, and that may be much
more limiting of traditional fair use rights than even current law is."

Responding to critics, Microsoft's Raunch pointed to the company's
obligations under recent extensions to the Digital Millennium Copyright
Act:  "I'm not a lawyer, but from what I understand, word processors are
considered 'circumvention' devices because you can type in any document
you want and just save and copy it.  Because of that, we're obligated, by
law, to enforce copyright to the extent technically feasible, and that's
just what the Advisor does."

-- 
-- Maksim Otstavnov <maksim на otstavnov.com> http://www.otstavnov.com
-- Infobusiness weekly (http://www.ibusiness.ru),
--  contributing editor