“We reject the view,” he writes in a letter to the top legal advisor at the Copyright Office, “that copyright owners and their licensees are required to provide consumers with perpetual access to creative works. No other product or service providers are held to such lofty standards. No one expects computers or other electronics devices to work properly in perpetuity, and there is no reason that any particular mode of distributing copyrighted works should be required to do so.”
Now here is the sham of that argument. First of all I DO expect a motherboard on a computer to work for the lifecycle of the product. Which in most cases is not hard to see 10 years go by. (I have seen some, like a few Bell 3b2′s and PDP-8′s approaching 40yrs of life.) The problem for the MPAA/RIAA type is that they deal in expressions not a container. That is the essence of a copyright.
Why is that different? Well lets say you bought the cassette version of Neil Diamond’s ‘Stones’ album from back in the 70′s. Now lets say you did the same in 1995 because you wanted it in CD format and Wally World had in in the $2.99 bargain bin. The cassette and CD are different ‘containers’ but the expressions in form of music is the expression. So lets say your original version of the cassette wore out. So you copy the tracks off the CD to a new cassette. You’re covered right? Not in the eyes of the RIAA. They would say you infringed and should have bought a cassette version (good luck one has not been available for a decade.)
Here’s where the RIAA/MPAA argument falls apart. How would the RIAA sue you? They will make the argument in court you stole the expression that represents the content and denied the artist revenue. Yet they will for economic purposes maintain the container is the thing and is what they protect. Sorry you can’t have it both ways. Copyright is about the expression.
I would take one more step, vis a vis the hard goods comparison. Suits, you knew going in that this was the lay of the land legally in regards to content. If you don’t like those rules then find a new line of work more suited to the hard goods – patent mindset. Live with it.
The first Texans to have access to mobile WiMAX will be in the DFW area according to our source who attended a Clearwire recruiting event in Dallas today. The company will be switching on some 700+ north Texas towers tomorrow with a marketing blitz to beginning on October 1st. The same source tells us the company’s Chicago network will also be launching in October.
Earlier this month, Governor Linda Lingle vetoed the unconstitutional tax collection scheme passed by the Hawaii legislature in HB 1405. Because the effective date of that bill preceded both her veto and the legislature’s veto override session, we had little choice but to end our advertising relationships with all Hawaii-based participants in the Amazon Associates Program. Now that the override session is over, and the legislature did not override Governor Lingle’s veto of HB 1405, we would like to invite all Hawaii Associates whose accounts were closed due to the pending legislation to re-enroll in the Associates Program.
To do so, please click here. When asked to sign in, please use the same account username and password that were previously associated with your Associates account. To make your return to the Program as seamless as possible, when you re-enroll, your account information (login, store-ID, etc.) will be the same as it was prior to termination. For further information about re-enrollment, please click here for FAQs.
— From the Amazon presser.
So Hawaii affiliates can now resign-up their accounts and get cooking again.
Although the owners of the notorious BitTorrent tracker face prison time and hefty fines, the sentence handed out in April did not include an injunction forcing the site to close down.
Now a coalition of studios including Columbia Pictures, Disney, NBC, Sony Pictures, Universal Studios, and Viacom is demanding that the website be shuttered to protect the illegal distribution of roughly 100 films and television programs. A writ to sue for closure was presented Monday to the Stockholm District Court.
“They’ve been sentenced to prison for criminal activities but haven’t stopped carrying out those activities,” Monique Wadsted, the lawyer for the studios, told Sweden’s The Local.
Sadly this is like Napster round 2. Rather than embracing the opportunity they would prefer to just destroy it and move on. The opportunity of course is to monetize the sharing rather than destroy it. The destruction route just ends up being a game of whack-a-mole. If they could leverage the P2P framework MLM style they could profit beyond belief. But then that’s not their style, so no worries there.
Outside of AT&T and Verizon who are still in denial, mobile carriers are discovering that voice has peaked and 3G service is soon to follow. Battered #3, Sprint, bet big on low cost prepaid wireless leading the pack with its Boost wireless division’s $50 unlimited offering – the first of its kind with national coverage. The only thing wrong with he plan is that it is on the old IDEN network and customers are stuck with pricey unattractive handsets from Motorola as their only options.
While it probably hasn’t made any money, Virgin Mobile has amassed a significant group of subscribers and resold access on Sprints CDMA network, arguably the best or second best in terms of coverage and signal quality. Virgin polished marketing, trendy website, and most of all attractive handsets as fair prices contrast sharply against the current offerings from other prepaid providers. While it could get enormous benefit from the marketing savvy, It looks to me like Sprint is buying subscribers. For the sake of it’s shareholders, it couldn’t hurt to try hanging onto Virgin’s marketing and customer care people who consistently do a better job that it’s own group has.
On Tuesday morning, Sprint, the No. 3 nationwide U.S. wireless operator, announced plans to buy Virgin Mobile USA in a deal that is valued at around $483 million. At first it might seem strange for Sprint, which went into a tailspin after its last big acquisition of wireless competitor Nextel in 2005, to buy another wireless operator. But with a strong cash position and a management team determined to turn the company around, it looks like Sprint sees a big enough opportunity in the prepaid market to risk the pains of consuming another operator.
The strategy shift comes at a time when Sprint is still losing high value “postpaid” customers, who typically sign lengthy contracts and pay for service on a monthly basis. During the first quarter of 2009, Sprint lost nearly 1.25 million of these postpaid subscribers. Sprint reports its second quarter earnings on Wednesday, which should provide a clearer picture on where the company currently stands in terms of subscriber gains or losses. (Cnet)
I’ve long predicted that wireless would largely become a month to month prepaid business. the industry itself is to blame. It’s long standing tradition has been to serve its customers one gotcha after the next, while a contract rather than good service holds the customer in place. It could be Sprint is the first of the big 4 to understand that no one really trusts them to offer a fair contract. On a month to month, basis if the handset is cheap or can be used on another network, it’s OK to make a bad choice, and carriers will have to become much more service oriented. As prepaid catches on, we’re going to see open handsets everywhere. I’m predicting it will be nearly impossible to sell a locked phone within two years.