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Thomas Sydnor (see all subjects)
 

Friday, September 17, 2010

New OECD Study Finds That Improved IPR Protections Benefit Developing Countries

The Organization for Economic Cooperation and Development (OECD) just released a useful new study entitled Policy Complements to the Strengthening of IPRs in Developing Countries. It significantly undermines the claims of "public interest" advocates who wail that they just know intuitively that improved legal protection for intellectual property rights (IPRs) are merely one more means through which developed countries oppress developing countries. While such claims often sound lofty and compassionate, very ugly prejudices often lurk beneath them. Fortunately, by actually studying real data, the OECD found that such claims are wrong as applied to actual developing countries: "[T]the results point to a tendency for IPR reform to deliver positive economic results."

Continue reading New OECD Study Finds That Improved IPR Protections Benefit Developing Countries . . .

posted by Thomas Sydnor @ 12:27 PM | Capitalism, Copyright, Global Innovation, Human Capital, IP, Innovation, Internet

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Tuesday, September 14, 2010

Hubris, Cowardice, File-sharing, and TechDirt

Over at Digital Society, Jim DeLong's Filesharing in Underdeveloped Nations: Let's Take from the Poor and Give to the Rich does a fine job of ripping apart the latest round of nonsense from the economically challenged blog TechDirt. I won't spoil the fun, but suffice it to say that Jim shreds TechDirt "arguments" with casual ease.

Jim's piece also highlights a fundamental problem with TechDirt's childish, copyright-hating worldview: TechDirt brews its venom from an ugly blend of hubris and cowardice.

Continue reading Hubris, Cowardice, File-sharing, and TechDirt . . .

posted by Thomas Sydnor @ 5:11 AM | Antitrust & Competition Policy, Copyright, IP, Internet, Trademark

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Friday, September 10, 2010

iPhones, DRM, and Doom-Mongers

In the National Law Journal, Dan Brenner's piece, Apps decision: no big deal, provides a thoughtful debunking of the hype that surrounded this summer's decision by the Librarian of Congress to exempt the "jailbreaking" of iPhones from the anti-circumvention provisions of 17 U.S.C. § 1201(a). I tried to make similar points back when the ruling was first issued, but I think that Brenner has better explained the underlying issues.

Continue reading iPhones, DRM, and Doom-Mongers . . .

posted by Thomas Sydnor @ 11:35 AM | Antitrust & Competition Policy, Copyright, IP, Internet

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Wednesday, August 11, 2010

Tenenbaum: Ben Sheffner Concludes That Judge Gertner's Ruling Made No Sense from Any Perspective

Over at the Washington Legal Foundation, Ben Sheffner of Copyrights & Campaigns just published a thoughtful Legal Backgrounder entitled Due Process Limits on Statutory Civil Damages? Ben makes an interesting point. In my own post on Judge Gertner's recent Opinion in Tenenbaum, I argued that Judge Gertner's excuses for reducing the jury's statutory-damage award are so absurdly illogical and lawless that she ended up pretending that college guys like Joel Tenenbaum are just inevitably "risk averse."

Continue reading Tenenbaum: Ben Sheffner Concludes That Judge Gertner's Ruling Made No Sense from Any Perspective . . .

posted by Thomas Sydnor @ 1:22 PM | Copyright, IP, Internet

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Wednesday, August 4, 2010

More Data Confirms: File-Sharing Is Really About Piracy

Recently Nate Anderson of Ars Technica published a story entitled Only 0.3% of the Files on BitTorrent Confirmed to be Legal. The title tells the tale: Australia's Internet Commerce Security Laboratory just released another study of the content of a "decentralized" file-sharing network; it confirms, yet again, that these networks and programs are used almost exclusively for copyright piracy. Here is a summary of the finding of existing studies on how decentralized file-sharing programs are actually used:

Source

Protocol(s) Studied

% of files found infringing

MGM Studios Inc. v. Grokster, Ltd., 454 F. Supp. 2d 966, 985 (C.D. Cal. 2006)

FastTrack/Gnutella

90% of available files

97% of files selected for downloading

Columbia Pictures v. Fung, 2009 U.S. Dist. LEXIS 122661 (C.D. Cal. 2009)

BitTorrent

95% of files downloaded

Sahi/Felton study

BitTorrent

99% of available files

Arista Records, Inc. v. Lime Group, 2010 U.S. Dist. LEXIS 46638 (S.D.N.Y. 2010)

Gnutella

98.8% of files selected for downloading

Internet Commerce Security Laboratory

BitTorrent

99.7% of the most actively seeded torrents

Continue reading More Data Confirms: File-Sharing Is Really About Piracy . . .

posted by Thomas Sydnor @ 11:14 AM |

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Thursday, July 29, 2010

Why the Viacom v. YouTube Summary-Judgment Ruling Will Be Reversed.

After reviewing the commentary on Judge Stanton's summary judgment ruling in Viacom v. YouTube, I note the lack of substantive defenses of its legal merits. See Viacom Int'l, Inc. v. YouTube, Inc., 2010 U.S. Dist. LEXIS 62829 (S.D.N.Y. 2010) (the "Viacom Opinion"). This Opinion held that because the original founders of YouTube had responded to takedown notices, they were protected from civil liability for copyright infringement by § 512(c) of the Digital Millennium Copyright Act (the "DMCA")—even if they were also intentionally inducing mass copyright piracy like the Defendants in MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005).

But this Opinion will be reversed on appeal for at least two reasons. First, no judge can legally find something so daft as a civil safe-harbor for criminal racketeering lurking in the unspoken implications of the "tenor" of excerpts of legislative history. Second, no judge can legally hold that the DMCA adopted terms that judges used to convey the lack of any knowledge requirement in order to tell judges to impose an "item-specific" knowledge requirement. As singer Katy Perry might put it, unless the DMCA was "a [law] bipolar," it did not use "in" to mean "out" or "up" to mean "down...."

Consequently, the Viacom Opinion is not really a huge win for those who want foreign corporations to be able profit by intentionally inducing mass piracy. Indeed, apart from the usual applause from the usual suspect—and a switch-of-sides at Slate—no one seems to be praising or even defending the substance of Judge' Stanton's legal analysis. And with good reason—it is indefensible.

Continue reading Why the Viacom v. YouTube Summary-Judgment Ruling Will Be Reversed. . . .

posted by Thomas Sydnor @ 3:10 PM | Copyright, E-commerce, IP, Innovation, Internet

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Tuesday, July 27, 2010

Was the Tenenbaum Statutory-Damage Verdict Unconstitutional? Only If College Guys Are Irrationally "Risk-Averse...."

On July 9th, Judge Nancy Gertner issued an Order holding that the $22,500/song jury verdict assessed against file-sharing, oath-violating, evidence-concealing, family-framing willful mass pirate Joel Tenenbaum was unconstitutionally excessive. Judge Gertner then reduced the award by 90% to $2,250/per song—the maximum award that her Constitution would permit. See Sony BMG Music Ent. v. Tenenbaum, 2010 U.S. Dist. LEXIS 68642 (D. Mass.).

But those who get their copyright news from the Internet might be shocked that the record labels have just dared to appeal Judge Gertner's allegedly brilliant legal analysis. After all, Public Knowledge hailed Judge Gertner's reasoning as a triumph of common sense. And at the blog TechDirt, Mike Masnick gushed, "Gertner knows this is going to be appealed, and she put a lot of effort into making the case for why this ruling was excessive, in hopes of having her reasoning help carry the later appeals."

Such fawning is silly. Judge Gertner's reasoning is far too profoundly flawed to have much chance of surviving appellate review. I will thus note three defects in Judge Gertner's analysis that should prove fatal. None is merely technical; all involve basic disregard for settled law, the facts, or reality itself.

Continue reading Was the Tenenbaum Statutory-Damage Verdict Unconstitutional? Only If College Guys Are Irrationally "Risk-Averse...." . . .

posted by Thomas Sydnor @ 11:28 AM | Copyright, E-commerce, IP, Internet, Mass Media

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Tuesday, July 6, 2010

Wow, Part II: USPTO, NTIA, and Commerce Officials Urge ISPs, Ad Networks, Payment Processors, and Search Engines to Cooperate and Create a Law-Abiding Internet that Deters Counterfeiting and Piracy.

Recently, I used the word "Wow" in the title of a post because a hearing held by the Senate Committee on the Judiciary produced bipartisan calls for broad voluntary cooperation to ensure that Internet commerce--like real-world American Commerce--abides by the rule of law, including those rules of law that prohibit copyright infringement and trademark counterfeiting.

What inspired me about those calls to restore the rule of law was not that they were substantively controversial. For example, the World Bank estimates that intangible capital accounts for 80% of the wealth in the developed world, and that 57% of that intangible capital arises from the rule of law--including all those government-granted monopoly rights that most call "private-property rights" See The World Bank, Where Is the Wealth of Nations? 20, 87 (2006). (Education was the next-largest contributor; it accounted for 36% of intangible capital.) In effect, the World Bank thus concluded that the rule of law accounts for almost 50% of American wealth. Obviously, an Internet that fails to preserve rule of law will thus become a job-killing economic catastrophe for the United States.

Continue reading Wow, Part II: USPTO, NTIA, and Commerce Officials Urge ISPs, Ad Networks, Payment Processors, and Search Engines to Cooperate and Create a Law-Abiding Internet that Deters Counterfeiting and Piracy. . . .

posted by Thomas Sydnor @ 1:16 PM | Copyright, Cyber-Security, Global Innovation, IP, Innovation, Internet, Trade

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Wednesday, June 30, 2010

TechDirt Errs Again: Copyrights Are the Definition of "Market Forces" in Action.

I just read the latest Deep Thought from the editor of the blog TechDirt, Mike Masnick, who must be the only person, other than Her Majesty Queen Elizabeth II, who often uses the royal "we" when expressing a personal opinion. In Pushing for More Stringent Copyright Laws Is the Opposite of Allowing "Market Forces" to Act, Masnick rants that granting legally protected private exclusive rights, (a.k.a., "private property rights"), to private producers of socially valuable resources like expressive works will thwart what Masnick calls "market forces":

[I]t's flat out wrong to say that copyright (or patents, for that matter) are about "allowing market forces" to act. By definition, copyright and patent laws are the opposite of allowing market forces. It's the government stepping up and providing monopoly rights because they believe (rightly or wrongly) that basic market forces don't work in those areas and, thus, the government needs to step in and "correct" some sort of imbalance.

This is all--as Masnick might put it--"flat out wrong...." Economists and the economically literate know that if we want "market forces" to encourage the consumer-driven private production of any resource (including expressive works) then we must grant exclusive rights to private producers of that socially valuable resource. In other words, property rights---government-granted, legally protected exclusive rights--are required to use "market forces" to encourage the production of any resource.

Continue reading TechDirt Errs Again: Copyrights Are the Definition of "Market Forces" in Action. . . .

posted by Thomas Sydnor @ 11:10 AM | Capitalism, Copyright, IP, Innovation, Internet, Mass Media, Philosophy / Cyber-Libertarianism, Trademark

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Thursday, June 24, 2010

Send In the Clowns: A Review of Oberholzer-Gee and Stumpf's Copyright and File-Sharing (Part 1)

And where are the clowns?
Quick, send in the clowns…
Don't bother—they're here.
—Judy Collins/Stephen Sondheim, Send in the Clowns

Recently, Nate Anderson of Ars Technica published File-sharing has weakened copyright—and helped society. This story's title summarizes the thesis of a "new" paper by those Grokster-loving, Free-Culture-Movement Professors, Felix Oberholzer-Gee and Coleman Strumpf (collectively, "OGS"). Their "new" paper is entitled File-Sharing and Copyright. Fortunately, their non-sequitur thesis does not follow from their clown-car collection of factual, legal, economic, and historical errors that poses as "scholarship."

Indeed, I just published a blog post and a longer paper to show that those who listen to the likes of Oberholzer-Gee merely end up accusing the Government Accountability Office of decades of wrongdoing by celebrating the "positive economic effects" of criminal racketeering. The blog post is entitled, Why Copyright Industry Costs-of-Piracy Studies Correctly Ignore the "Positive Economic Effects of Criminal Racketeering; the paper is entitled, Punk'd: GAO Celebrates the "Positive Economic Effects of Counterfeiting and Other Criminal Racketeering.

Continue reading Send In the Clowns: A Review of Oberholzer-Gee and Stumpf's Copyright and File-Sharing (Part 1) . . .

posted by Thomas Sydnor @ 7:46 PM | Antitrust & Competition Policy, Capitalism, Copyright, Cyber-Security, Economics, Global Innovation, IP, Innovation, Internet, Mass Media, Software

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Thursday, June 24, 2010

Viacom v. YouTube: Why Are We Re-Litigating Grokster?

posted by Thomas Sydnor @ 1:24 PM | Copyright, IP, Internet

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Wednesday, June 23, 2010

Wow: A Bipartisan, Legislative/Executive Call for Private Solutions to the Challenges of Internet Counterfeiting and Piracy

posted by Thomas Sydnor @ 2:16 PM | Copyright, IP, Internet, Mass Media, Trademark

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Friday, June 18, 2010

Why Copyright Industry Costs-of-Piracy Studies Correctly Ignore the "Positive Economic Effects" of Criminal Racketeering

posted by Thomas Sydnor @ 3:54 PM | Copyright, Cyber-Security, IP, Innovation, Internet, Trademark

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Monday, June 7, 2010

LimeWire Begs for a... "Second" Chance?

posted by Thomas Sydnor @ 6:54 AM | Copyright, Cyber-Security, IP, Innovation, Internet, Security

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Friday, June 4, 2010

LimeWire's "Idea Man" Scuttles His Own Last-Ditch Defense

posted by Thomas Sydnor @ 9:55 AM | Copyright, Cyber-Security, IP, Internet, Security, Software

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Thursday, May 20, 2010

Takedowns and Daiquiris: Viacom v. YouTube Hosts a Grokster Reunion

posted by Thomas Sydnor @ 7:55 AM | Advertising & Marketing, Copyright, IP, Innovation, Intermediary Deputization & Section 230, Internet

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Wednesday, May 12, 2010

Old Wine in an Old Bottle: LimeWire and Mark Gorton Held Intentional Inducers of Massive Piracy

posted by Thomas Sydnor @ 11:54 PM | Copyright, E-commerce, IP, Innovation, Internet

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Friday, April 23, 2010

ACTA: USTR Was Right, and the Histrionics Were Wrong--Again.

posted by Thomas Sydnor @ 10:37 AM | Copyright, E-commerce, Global Innovation, IP, Internet, Trade, Trademark

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Monday, March 29, 2010

Business Insider Attacks James Cameron for "Whining" That Piracy Undermines the Risky Studio Investments That Enabled Cameron's Films To Enrich Millions of Lives

posted by Thomas Sydnor @ 12:19 PM | Capitalism, Copyright, E-commerce, Economics, Generic Rant, IP, Innovation, Internet, Mass Media

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Friday, March 19, 2010

The Opening Viacom v. YouTube Summary Judgment Briefs: Some First Thoughts

posted by Thomas Sydnor @ 3:13 PM | Copyright, E-commerce, IP, Internet, Mass Media

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Tuesday, March 2, 2010

Public Knowledge's "Copyright Reform Act of 2010": More Banal Cheerleading-for-Piracy.

posted by Thomas Sydnor @ 1:01 PM | Capitalism, Copyright, IP, Innovation, Internet

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Tuesday, February 23, 2010

The FTC Warns Businesses of "Widespread" Inadvertent File-Sharing: The Costs of File-Sharing Piracy Just Keep on Increasing.

posted by Thomas Sydnor @ 10:43 AM | Copyright, IP, Internet, Privacy, Security, The FTC

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Wednesday, February 17, 2010

Copyrights in Music Do NOT Exist Only "To Benefit [Matthew Yglesias]"

posted by Thomas Sydnor @ 10:17 AM | Advertising & Marketing, Capitalism, Copyright, E-commerce, Economics, IP, Innovation, Internet, Mass Media, Software

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Wednesday, February 3, 2010

Copyrights, Copycense, and Nonsense

posted by Thomas Sydnor @ 1:56 PM | Copyright, Cyber-Security, E-commerce, IP, Internet, Mass Media, Neutrality, Think Tanks

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Monday, February 1, 2010

Complementary Goods and Debates about E-Book/Music/Video Pricing

posted by Thomas Sydnor @ 11:58 AM | Antitrust & Competition Policy, Books & Book Reviews, Copyright, E-commerce, IP, Innovation, Internet, Mass Media, What We're Reading

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Wednesday, December 30, 2009

William Patry's "Moral Panic" about MPAA, Dan Glickman and ACTA

posted by Thomas Sydnor @ 6:05 PM | Books & Book Reviews, Copyright, E-commerce, Googlephobia, IP, Innovation, Internet, What We're Reading

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Monday, December 28, 2009

U.S. Legislators CANNOT Trust Claims that 37% of the DMCA Takedown Notices That Google Receives Fail to State "Valid Copyright Claims."

posted by Thomas Sydnor @ 12:21 PM | Copyright, IP, Innovation, Internet, Mass Media, Neutrality

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Friday, December 18, 2009

Moral Panics and the Copyright Wars: Losing a Fight with a Hand-Picked Strawman Is Not an "Extensive Examination" of "Economic Evidence."

posted by Thomas Sydnor @ 12:23 PM | Books & Book Reviews, Copyright, IP, Internet

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Friday, December 11, 2009

Cheer Up, Canada: Thomas the Tank Engine Is Not a Conservative

posted by Thomas Sydnor @ 12:11 AM | Capitalism, Generic Rant, Media Regulation, Security

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Monday, December 7, 2009

Internuts Blame Copyright Enforcement for the Sins of BitTorrent Tracker-Site Operators.

posted by Thomas Sydnor @ 5:48 PM | Copyright, E-commerce, IP, Internet, Software, The FTC

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Friday, December 4, 2009

Moral Panics and the Copyright Wars: EFF Condemns Patry For "Assembling the Rhetorical Siege Engines of the Copyright Wars...."

posted by Thomas Sydnor @ 5:17 PM | Books & Book Reviews, Copyright, Cyber-Security, Economics, Googlephobia, IP, Innovation, Internet, What We're Reading

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Monday, November 30, 2009

The Self-Parody of Moral Panics and the Copyright Wars: "Figurative Language at its Best" Does NOT "Declare War" on Copyright-Enforcing "Terror[ists]" by Objectifying Women.

posted by Thomas Sydnor @ 10:40 AM | Books & Book Reviews, Copyright, IP, Innovation, Internet

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Wednesday, November 4, 2009

Ars Technica Reviews Patry's "Screed," Moral Panics and the Copyright Wars

posted by Thomas Sydnor @ 7:09 PM | Books & Book Reviews, Copyright, Cyber-Security, Googlephobia, IP, Innovation, Internet, Trade

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Tuesday, November 3, 2009

A few words about Victoria Espinel, nominee for Intellectual Property Enforcement Coordinator

posted by Thomas Sydnor @ 10:15 AM | Copyright, E-commerce, Global Innovation, IP, Innovation, Trade

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Monday, November 2, 2009

Grokster and Indirect Liability for Copyright Infringement

posted by Thomas Sydnor @ 1:05 PM | Copyright, IP, Internet

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Friday, October 30, 2009

More Members of Congress Pay the Price for P2P Piracy

posted by Thomas Sydnor @ 11:04 AM | Copyright, Cyber-Security, Economics, IP, Internet, The FTC

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Tuesday, October 27, 2009

The DVD Rental Window: Fiddling while Moral Panics and the Copyright Wars Burns.

posted by Thomas Sydnor @ 3:05 PM | Copyright, Cyber-Security, E-commerce, Googlephobia, IP, Internet, Mass Media

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Monday, October 26, 2009

The L.A. Times and Huffington Post Blast Patry's Moral Panics and the Copyright Wars

posted by Thomas Sydnor @ 9:58 AM | Books & Book Reviews, Capitalism, Copyright, Cyber-Security, Economics, IP, Internet, Internet TV, e-Government & Transparency

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Friday, October 23, 2009

Copyright Wars, "Welfare for Authors" and Pedophiles: Part Two of a Reply

posted by Thomas Sydnor @ 10:33 AM | Books & Book Reviews, Copyright, Cyber-Security, E-commerce, Economics, Googlephobia, IP, Innovation, Internet, Mass Media, Software

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Tuesday, October 13, 2009

The "Moral Panic" of "Copyright Wars": Part One of a Reply.

posted by Thomas Sydnor @ 7:20 AM | Books & Book Reviews, Copyright, E-commerce, Googlephobia, IP, Innovation, Internet, Regulation, What We're Reading

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Friday, October 2, 2009

Moral Panics and the Copyright Wars: A Worthless Book

posted by Thomas Sydnor @ 12:27 PM | China, Copyright, Cyber-Security, E-commerce, Economics, IP, Innovation, Internet, Regulation

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Tuesday, September 22, 2009

UMG Recordings v. Veoh Networks: Pushing the facts (and the law) too far.

posted by Thomas Sydnor @ 11:20 PM | Copyright, IP, Internet

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Monday, August 31, 2009

Copyright-Skeptic Hypocrisy: A Belated Reply

posted by Thomas Sydnor @ 4:36 PM | Books & Book Reviews, Copyright, IP, Internet

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Monday, August 24, 2009

My Reply to LimeWire's Comments at ComputerWorld

posted by Thomas Sydnor @ 3:46 PM | Copyright, IP

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Friday, August 21, 2009

The TechDirt "Analysis" of The DoJ Amicus Brief in Capitol Records, Inc. v. Thomas

posted by Thomas Sydnor @ 2:45 PM |

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Tuesday, August 4, 2009

Full Performance Rights for Recording Artists Are Still the Right Answer

posted by Thomas Sydnor @ 10:00 PM | Capitalism, Copyright, Digital TV, IP, Internet, Trade

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Wednesday, July 1, 2009

The "Lessigation" of Copyright Scholarship: A Review of Statutory Damages in Copyright Law: A Remedy in Need of Reform (Part I).

posted by Thomas Sydnor @ 4:43 PM | Copyright, Economics, IP

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Tuesday, April 7, 2009

Tenebaum, Two-Card Monte, and the Sophistry of Professor Charles Nesson

posted by Thomas Sydnor @ 9:48 AM | China, E-commerce, IP, Innovation, Internet

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Wednesday, April 1, 2009

Copyrights and New Technologies: Why Copyright Law Should Not Differentiate between "Automatic" and "Non-Automatic" Networks or Copying Devices

posted by Thomas Sydnor @ 8:38 AM | E-commerce, IP, Internet, Internet TV

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Thursday, March 26, 2009

An Interesting P2P Usage Study from ISU's Digital Citizen Project

posted by Thomas Sydnor @ 5:19 PM | IP, Internet, Privacy, The FCC

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Copyrights, UGC Sites and "Fair-Use Bootstrapping"

posted by Thomas Sydnor @ 11:30 AM | IP, Innovation, Internet, Mass Media

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Tuesday, March 17, 2009

Copyrights and the U.S. Making-Available Right

posted by Thomas Sydnor @ 11:46 AM | IP, Internet, Trade

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  New OECD Study Finds That Improved IPR Protections Benefit Developing Countries
Hubris, Cowardice, File-sharing, and TechDirt
iPhones, DRM, and Doom-Mongers
Tenenbaum: Ben Sheffner Concludes That Judge Gertner's Ruling Made No Sense from Any Perspective
More Data Confirms: File-Sharing Is Really About Piracy
Why the Viacom v. YouTube Summary-Judgment Ruling Will Be Reversed.
Was the Tenenbaum Statutory-Damage Verdict Unconstitutional? Only If College Guys Are Irrationally "Risk-Averse...."
Wow, Part II: USPTO, NTIA, and Commerce Officials Urge ISPs, Ad Networks, Payment Processors, and Search Engines to Cooperate and Create a Law-Abiding Internet that Deters Counterfeiting and Piracy.
TechDirt Errs Again: Copyrights Are the Definition of "Market Forces" in Action.
Send In the Clowns: A Review of Oberholzer-Gee and Stumpf's Copyright and File-Sharing (Part 1)
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