Knowingly Linking to Infringing Websites: MPAA PeekVid YouTVpc : USA Europe : Illicit Links

A good argument can be made that it is or should be illegal – in principle – to knowingly link to infringing content on the internet.

Chris Tew has drawn my attention to his article at WebTVWire concerning the Motion Picture Association of America (MPAA) copyright infringement lawsuit against PeekVid and YouTVpc, as also discussed by Nate Anderson at ars technica (digg) and Scott M. Fulton, III, at BetaNews.

As written at The Register by Lucy Sherriff in MPAA unleashes legal eagles on YouTV and PeekVid:

Civil lawsuits were filed against YouTVpc and Peekvid in US District Court in Los Angeles for “damages and injunctive relief” for violations under the United States Copyright Act of 1976….

    The MPAA alleges that the two sites “contribute to and profit from massive copyright infringement by identifying, posting, organizing and indexing links to infringing content found on the internet”.

See Chris Tew on
Linking to infringing content is probably illegal in the US
and
Linking law expert Dr Stephan Ott talks about linking to pirated video
where Stephan Ott is quoted as follows:

In my opinion linking to infringing content is unlawful and that is also what most of the courts say….

In the USA there are Safe Harbour provisions for hyperlink providers. You receive a take down notice and you comply with it, th[e]n there is no liability. So far we have nothing that is compar[a]ble to that system in Europe. I think we need a simil[a]r system and there are discussions on the European level.”

See also the Stephan Ott website at
Links and Law

The New Apple iPhone by the NY Times and David Pogue

Via CaryGEE, Thank you.

Let’s see . . . is this the new grammar?

iPhone
you iPhone
she iPhones

See the latest hype on Apple’s new iPhone at the New York Times and David Pogue’s YouTube video about the coming biggest thing since the iPod.

Here are the links:

http://www.youtube.com/user/thenewyorktimes

http://www.youtube.com/watch?v=VcRfAaIb2Ro

http://gizmodo.com/gadgets/nytimes-pulpbite/pogues-iphone-video-review-272554.php

The iPhone DOES LOOK very good in terms of appearance and features, just like the iMAC design makes Microsoft’s Vista look like an old man with a beard.

Listen,
Apple can send us a test iPhone or iMac here to LawPundit at any time for review.
Thank YOU.

Lawyers Think More & Stay Younger Longer : Know a Good Think When You See It

Professor Taiju Matsuzawa discovered some years ago, through a study of ca. 1000 persons [we can not find the original paper online that relates this discovery, only this indirect reference, so take this with a grain of salt], that lawyers stay mentally fit longer than other professions because lawyers think more than counterparts in other jobs. It is all a question of the level of blood circulation in the brain, which is a function of brain use:

If you want to stay young, sit down and have a good think. This is the research finding of a team of Japanese doctors, who say that most of our brains are not getting enough exercise – and as a result, we are ageing unnecessarily soon.

Professor Taiju Matsuzawa [Emeritus, Tohoku University, Japan] wanted to find out why otherwise healthy farmers in northern Japan appeared to be losing their ability to think and reason at a relatively early age, and how the process of ageing could be slowed down.

With a team of colleagues … he set about measuring brain volumes of a thousand people of different ages and varying occupations.

Computer technology enabled the researchers to obtain precise measurements of the volume of the front and side sections of the brain, which relate to intellect (智能 ) and emotion, and determine the human character. The rear section of the brain, which controls functions like eating and breathing, does not contract with age, and one can continue living without intellectual or emotional faculties (功能).

Contraction of front and side parts – as cells die off – was observed in some subjects in their thirties, but it was still not evident in some sixty-and-seventy-year-olds.

Matsuzawa concluded from his tests that there is a simple remedy to the
contraction normally associated with age – using the head.

The findings show in general terms that contraction of the brain begins sooner in people in the country than in the towns. Those least at risk, says Matsuzawa, are lawyers, followed by university professors and doctors. White collar workers doing routine work in government offices are, however, as likely to have shrinking brains as the farm worker, bus driver and shop assistant.

Matsuzawa’s findings show that thinking can prevent the brain from shrinking. Blood must circulate properly in the head to supply the fresh oxygen the brain cells need. “The best way to maintain good blood circulation is through using the brain, ” he says. “Think hard and engage in conversation. Don’t rely on pocket calculators. “ [emphasis added]

Now we here at LawPundit know why we have so much trouble with the faulty research being done by the other professions : it is the thought that counts.

A Dichotomy in Invention : Finders Seekers

Are innovators “seekers” ? or “finders” ?
and does it make a difference ?

We refer here to the website Arts of Innovation
and its sister Arts of Innovation blog
which are described as follows:

The author
Colin Stewart, innovation columnist for the Orange County Register, runs this Web site and the associated Arts of Innovation blog. He can be reached by e-mail at cestewart (at) cox.net.

The researcher
ArtsOfInnovation.com and the Arts of Innovation blog elaborate on research into the careers of experimental and conceptual innovators by University of Chicago economist David Galenson.
[links added]

Galenson is the author of
Old Masters and Young Geniuses:
Two Life Cycles of Artistic Creativity

which has been reviewed by Malcolm Gladwell as follows in Age Before Beauty:

There’s a really wonderful book that’s come out by a guy named David Galenson, who’s an economist at the University of Chicago… There’s something very interesting and important to be learned about the way our minds work by entertaining the notion that there are two very different styles of creativity, the Picasso and the Cézanne.

Definitely worth a read and we have blogrolled them at Literary Pundit and LawPundit.

See also Inside Innovation

Images and Pettifoggers : It Is Done With Mirrors

In Vanity Fair, William Makepeace Thackeray writes:*

The world is a looking-glass, and gives back to every man the reflection of his own face.” (p.8)

By the same token, society for its part rewards most highly those who mirror its own image:

Vanity Fair — Vanity Fair! Here was a man, who could not spell, and did not care to read — who had the habits and the cunning of a boor : whose aim in life was pettifogging : who never had a taste, or emotion, or enjoyment, but what was sordid and foul : and yet he had rank, and honours, and power, somehow : and was a dignitary of the land, and a pillar of the state. He was high sheriff, and rode in a golden coach. Great ministers and statesmen courted him ; and in Vanity Fair he had a higher place than the most brilliant genius or spotless virtue.” (p. 77)

Not those who are “better” or “worse” are loved, but those who are mirrored faces of the beholder.

By the same token, our views of the rest of humanity and of the groups within that humanity are often merely reflections of ourselves.

Just a thought.

*From William Makepeace Thackeray, Vanity Fair, Penguin Popular Classics, 1994, first published in 1877

NCAA Outlaws Live Blogging from Press Boxes : Are Sports Bloggers Broadcasting?

Have you seen these blog postings at Deadspin about the NCAA outlawing live blogging from press boxes?

So a Blogger and a Pig Walk Into a Press Box …

The NCAA Hates the Series of Tubes

The reason for the NCAA rule is found at the June 8, 2007 posting at BaseballAmerica.com, where Aaron Fitt writes in NCAA Stifles Supra-Regional Coverage of College Baseball World Series:

Word came down today that the NCAA will no longer allow blogging from the press box during super-regionals because blogging “is considered a live representation of the game” and all live representations of the games are the exclusive property of the NCAA’s official rights holders.

The specific reason for the rule is the NCAA contract with ESPN, as Josh Centor at the Double-A- Zone, a blog close to the NCAA, writes:

“On Sunday, Louisville Courier-Journal reporter Brian Bennett was kicked out of the press box at the NCAA Baseball Super Regional. Bennett wasn’t drunk, rowdy or naked, instead getting the boot for his despicable blogging habit.

Due to the NCAA’s broadcasting agreement with ESPN, bloggers are not permitted to update their sites with in-game coverage from the baseball press box. In-game updates include providing readers with the score, inning of the game, roster moves, etc. The policy was enacted at a baseball game, but applies to all NCAA championship events…..

I find all of this quite unnecessary. The world of media has changed and I think this policy makes my organization look arcane because journalists now publish their thoughts in real time on the Internet. I don’t know anybody in their right mind who would choose in-game commentary on a blog over a television broadcast, so I don’t see how there’s competition between our partners and independent bloggers who have received credentials.”

That this is an unfortunate – or at least from the standpoint of public relations, poorly managed and snap – NCAA decision is beyond question. In our modern day of mobile devices, much more information is leaving the stadiums during the games than in the days when you had to run to a pay telephone in the depths of the stadium to pass on live information to persons elsewhere.

Nevertheless, many modern college sports could not be financed as they are without TV money, so that when TV broadcasting companies holding exclusive broadcasting rights to sports events speak up, the NCAA listens.

This holds true even if ESPN’s argument that “blogging” is “broadcasting” is a matter of definition that surely has not been decided by the courts, though it has been written in the blogging world by some that blogging is broadcasting. Obviously, it will be up to the lawyers to include “realtime blogging” in their broadcasting definitions when broadcasting contracts are made in the future.

Just Stringing Along – String Theory as Epicycles – The World as a Rubber Band

We posted the following comment to Cosmic Variance but the string was “snipped” after the word and which is marked below in orange – but what else could we expect from string theory? [actually, the snip was caused by the way html commands are handled as text]

“snip”

that word describes our double-edged scissored view of string theory, which seems like a postmodern system of epicycles …. or … do branes have brains?

At
http://www.lawpundit.com/blog/2005/01/belief-without-proof-evidence-and.htm
we write:

“What are the main logical problems with string theory (alleged physical laws) from our point of view?

a. Perceived physical reality in physics is always a function of the system of measurement. Measurements are by definition relations presupposing frames of reference to be measured by some sort of “measurement ruler”. Thus, “measured” reality is

1) a function of the frames of reference chosen for the relationships being measured (for example, particles, waves or “strings”) and

2) the means of measurement (motion, inertia, velocity, weight, dimension, extension, contraction, etc.) “….

Speaking of “measure”, has anyone considered the rather simple idea that “God” did not “make” the universe, but that God “is” the measured universe….

Perhaps the world is an “ultimate” string – but no string ever vibrates by itself, but needs to be plucked by something – frankly, we think that the idea of an infinitely extensible and unsnippable vibrating “rubber band” is better than simple string theory because it would more accurately reflect a yo-yo world alternating between the impossibles of absolute something and absolute nothing ….

For the math freaks this means that the Universe U could conceivably be defined by the formula
U = > 0 and < 1
where U is greater than 0 and less than 1 and where 0 and 1 both represent totality and singularity, i.e. absolute mass and absolute void, neither of which, apparently, are possibilities… which then results in the world that we “appear” to have….