Posted on June 30, 2009 in Event, events by Brian RoweNo Comments »
Event Notice for Seattle:
MelWimburg
Washington Lawyers for the Arts, next brown bag lunch covers a great topic, Privacy and Publicity.  Seattle attorney Mel Simburg will guide you through the ins and outs of Washington’s laws regarding privacy and publicity, including who is protected, what exactly the law prevents, how protection under these laws differs from that provided under copyright and trademark laws, and how privacy and publicity rights concerns are balanced against the First Amendment right of free speech. He will answer your questions, so come prepared!

DATE AND TIME:

Thursday, July 30, 2009

Noon to 1:30 pm (registration begins at 11:30 am.)

LOCATION:
Stoel Rives LLP
600 University St, Ste 3600

Seattle, Washington 98101
Click here for directions

Note: Unfortunately, we cannot provide comped parking. We suggest taking a Metro bus. Here is a link to Metro Transit trip planner.

FEE:
In advance: $35 attorneys and paralegals; $10 artists and students
At the door: $40 attorneys and paralegals; $15 artists and students

REGISTRATION:

To register, click here to visit Brown Paper Tickets online, or call 800.838.3006. To pay at the door, RSVP to Washington Lawyers for the Arts at 206.328.7053. Please note that the event is subject to cancellation; visit thewla.org or call 206.328.7053 for more information.

CLE CREDIT

1.5 CLE credits pending

Posted on June 26, 2009 in IP by Brian RoweNo Comments »

TransparencyCamp

Sunlight is gearing up for another TransparencyCamp in August in California.

This is an un-conference is about convening a trans-partisan tribe of open government advocates from all walks — government representatives, technologists, developers, NGOs, wonks and activists — to share knowledge on how to use new technologies to make our government transparent and meaningfully accessible to the public.

Sign up here: http://transparencycamp.org/ (limited space)

PS: it is in August so I will still be in DC, if you are attending and will be live blogging please ping me so I can follow along.

Posted on June 25, 2009 in IP by Brian RoweNo Comments »

I will be attending, and hopefully live blogging, a talk on cybersecurity over at Google’s DC Office. I hope the panel addressee issues including deep packet inspection and the potential for abusive uses like censorship.  Here is a little more info on it:

In its Cyberspace Policy Review, the Obama Administration outlined a series of recommendations to defend against cyberattacks, while pending legislation seeks to promote more secure computer networks. Meanwhile, the Department of Defense has created a new cybersecurity command, raising questions on how to balance cybersecurity with user privacy and access.

As part of the ongoing Google D.C. Talks series, and in partnership with the Center for a New American Security, experts will offer perspectives on how the United States can implement a national cybersecurity strategy. Participants are invited to submit questions in advance via Google Moderator.

Introduction:
Dr. Kristin Lord, Vice President and Director of Studies
Center for a New American Security

Moderator:
Harry Wingo, Policy Counsel, Google

Panelists:
Ellen Doneski, Chief of Staff, U.S. Senate Committee on Commerce,
Science, & Transportation

Liesyl Franz, Vice President for Information Security and Global Public Policy,
TechAmerica

Richard Hale, Chief Information Assurance Executive, Defense Information
Systems Agency

Philip Reitinger, Deputy Undersecretary of National Protection & Programs
Directorate, U.S. Department of Homeland Security

When:
Friday, June 26, 2009
10:00 a.m. – 11:30 a.m.

Where:
Google D.C. Office
1101 New York Avenue, NW
2nd Floor
Entrance on EYE Street
Washington, DC

Posted on June 24, 2009 in IP by Brian RoweNo Comments »

While reading BoingBoing today I ran into another DMCA take down (or at least what looked like a take down). Running into a takedown on content that is news related feels like someone has taken the newspaper I am reading light it on fire. GRR, A mere threat of infringement should not be able to quash a news story. Without access to knowledge our rights are useless, quelling political speech like this is wrong!

DMCA Iran

Is this video infringing? There is no way to tell without viewing, but what is clear is that copyright law can be used to kill free speech and the freedom of the press.  These takedown notices should inform the public of who is abusing copyright law.

Run into a takedown on content that is news related feels like someone has taken the newspaper I am reading light it on fire. GRR, A mere threat of infringement should not be able to quash a news story.

I am also a little concerned that this is not a run of the mill take down the wording is a little odd: “This video is not available in your country due to copyright restrictions.” It implies that is is available in other countries… where could i watch it from… can I proxy in to YouTube from Canada on the EU to see it?  Obama is speaking out against Iran’s reaction to the election, as an American I have a compelling need to get educated over what is going on before we find ourselves railroaded into a 3rd Mideast war.

Update: the video appears to be owned by the BBC. It is still not clear why it is not viewable in the US.  Is google becoming a firewall for copyright holders?  Where are we living in the US or China?

Posted on June 24, 2009 in IP by Brian RoweNo Comments »

copyright-excess1While reading my PK email I was directed to a great blog on IP overuse.  Howard Knopf, a Canadian IP lawyer, runs the blog Excess Copyright which is mostly stories of copyright going to far.  Topics include 3 strikes laws and J. D. Salinger’s over use of copyright to try and prevent “unauthorized sequel” called 60 Years Later: Coming Through the Rye.  I strongly recommend checking it out and adding it to your reader.

Here Sample Post for March 1st 2008 :

More on Euro-Excellence v. Kraft

I’ve just done a short talk on the Supreme Court of Canada’s important Kraft decision (in which I was involved) for a LSUC CLE programme on February 28, 2008 in Toronto. Here’s my brief paper.

Here’s a bit of the bottom line in that paper.

The doors have now been opened to new issues such as copyright abuse or misuse, or the argument that copyright law cannot be used to limit free trade in articles not protected by copyright. Other arguments are also open. Current and future potential plaintiffs contemplating the use of copyright law to bar parallel imports of consumer products not protected by copyright may wish to be careful about what they wish for.

HK

Posted on June 4, 2009 in public knowledge by Brian RoweNo Comments »

publicknowledge

Since starting at Public Knowledge (pk) I have been asked at least 20 time what is PK and what do we do. Here is my 1 min elevator speech for PK feel free to make comments:

Public knowledge works to ensure that public interest is given a strong voice when creating intellectual property, access to knowledge and telecommunications policy. Traditionally these polices have been legislated or created by the courts without bring all stake holder to the table, specifically the public has been left out. This is where PK comes in to represent users interests as users become the new generation of participatory creators. PK strives to create more access to information and ideas through advocating for logical policy that values innovation and openness.

If given more time and the person has interest I will continue by highlighting there work in copyright on fair use or orphaned works, on net neutrality or in terms of service dependent on the audience.

Posted on May 14, 2009 in DRM by Brian Rowe1 Comment »

Late last month I made my first official comment to the copyright office.  This comment was in opposition to DRM and took a very personal look at how DRM harms people with dyslexia.  This comment gives a lot of insight into why I founded Freedom for IP a little over four years ago.  Access to knowledge should be a basic human right.  Restrictions on knowledge like DRM always have a negative impact on those who have the least power or economic might in a society.

Here is the full comment to the copyright office:

I am writing to inform the Copyright Office and the World Intellectual Property Organization of the negative impact that extremely ridged copyright law has on my life as a law student and as a father.  I have lived my whole life with dyslexia, a learning disability that severely effects the way I read and write. My form of dyslexia changes the way I read. I must learn each word twice – once for written text and again for spoken language. I am unable to sound words out beyond a first grade level, and have difficulty expressing my ideas in a written format.  By contrast I am very well spoken and can engage in complex discourse over legal and technical problems in an oral format.  My dyslexia went hidden for most of my life, I nearly failed high school and dropped out of undergrad more then once.  Before the dyslexia was diagnosed, I would interview professors and only take classes that were graded heavily on spoken presentations or class projects like debate or computer programing classes, while avoiding written tests like the plague.

It was not until I started taking classes at the University of Washington in my junior year of college that I was directed to an educational psychologist who diagnosed the dyslexia.  This changed my academic experience and my direction in life, I was allowed accommodations that often include oral exams and alternative requirement for grammar or spelling intensive classes like foreign languages.  My grade point average moved from a mid C to a solid A minus.  After turning my academic career around and earning a Bachelors of Science in Informatics and a Bachelors of Arts in Political Science with minors in philosophy and human rights, I decided to pursue a law degree focusing on intellectual property law.

Reasonable accommodations and technology have enabled me to succeed both professionally and in law school.  As a legal professional it is very important that I understand each word written.  I use text-to-speech software to read statutes, case law, law review articles, memos, and legal books.  Text-to-speech software is an important tool for my legal research and understanding of texts. Without text-to-speech software, my understand of text can be limited.  If text-to-speech software is not available on a work that I need to reference I often have to go to outside help, having a friend or associate confirm the words written which can be time consuming or difficult.  Locking a copyrighted work behind digital rights management (DRM) that does not allow text-to-speech functionality severely reduces my ability to understand the full meaning of the text.

I also use many technical features to improve my use of software.  One example is spell suggest in search options. As a dyslexic it is often be difficult to search sites due to an inability to spell the key terms. Spell suggest allows me to use the search option as if I were not dyslexic.  Copyright right law including the Digital Millennium Copyright Act (DMCA) prevents me from improving or adding features that make my software more accessible.  An improved version of a piece of software may be considered an infringing derivative work, while tinkering with the program directly is often prevented by DRM.  The anti-circumvention criminal penalties in the DMCA mean that I risk serious legal repercussions for trying to customized a work I own to be accessible.  The criminal penalties of the DMCA also discourage professionals with more technical knowledge from helping me make works accessible.  I am a law student and legal scholar. Limited exceptions to the DMCA that allow me to create personal work-around will not solve these problems, as I do not posses the skills to make all work accessible by myself.  I need the support of a community of computer professionals to help create open innovative solutions to gain access to knowledge locked in print formats.

I am also the father of a seven-year-old girl who is learning to read.  As a parent I understand how important it is to her development to read with her and help her on homework.  Fortunately she appears not to have dyslexia – reading for her is a much easier task then it was for me as a child. Teaching her to read is a challenge for a dyslexic parent, she can already sound out words that I can only memorize.  I can not help her sound out many words.  Text-to-speech software can be very helpful in reading with her, it enables me to check the pronunciation of words and help her learn to read.  Text-to-speech software can also be used as a tool for my daughter to check her own reading.  Without technology that enables disabled parents to teach their children, there is a a real threat that these children will not learn the basic skills they need.

In the future please allow for comments to be submitted in an audio or video formats.  For many people with dyslexia it is a real challenge to put thoughts and ideas in a written format.  More people with print based disabilities are likely to comment if you enable comments in alternative formats.  This letter was written and edited with the assistance of an editor, many people with dyslexia do not have access to a personal editor.  Please feel free to contact me for future comments on this issue.

Sincerely,

Brian Rowe
3L Seattle University Law – Graduating May 2009
Founder – Freedom for IP
Washington State Access to Justice Technology Committee Member

Posted on May 8, 2009 in FSF by Brian RoweNo Comments »

fsf
The Free Software Foundation has a new internship program for free software activists, inviting students to apply for its first round of openings by Monday, May 25th!

The program provides opportunities for participants to work closely with FSF staff members for twelve-week terms in core areas of the FSF’s work, including campaign and community organizing, free software licensing, systems and network administration, GNU project support, and web development.

We have provided internships on and off over the years, but we’re excited tobe able to offer these more permanent educational opportunities. We’re looking forward to working with and learning from students, and I’m glad that as part of our continued growth we are able to offer a place where students concerned with free software ethics can help advance a cause they care about,- John Sullivan, FSF’s operations manager.

The internships are unpaid, but the FSF will provide the documentation needed for students to receive funding or credit from outside sources. A limited number of positions are available, and priority will be given to candidates able to work full-time on-site at the FSF headquarters in Boston.

Application instructions and further details about the program are available at <http://www.fsf.org/volunteer/internships>.

(Disclaimer: I am a paid FSF member)

Posted on May 6, 2009 in IP by Brian Rowe1 Comment »

cc-by

This last week I attended barcamp PDX where the CC session (put on by a Portland area photographer @ahockley) focused heavily on what is attribution and how should one be attributed.  At the same time there was a thread on the Free Culture mailing list focusing on best practices for fair use and attribution.  This is a topic I have been struggling with over the last 2 years.  I am starting to speak more often and am publishing the slides on Slideshare.net.  I have found that putting attribution on each slide really detracts from the presentation. Having a single slide of 3 point text with all attribution possible can quickly become unreadable.  Here is how I have been attributing, I put a credits slide at the end of my slide shows that look something like this:

Slides 2-7 Sarah Davies PD
Slides 7-12  Flickr user: mecredis CC BY
Slide 28 Bound by Law Available @ http://www.law.duke.edu/cspd/comics/ CC BY NC SA
Other images were used under my first amendment fair use rights.
This slide show is licensed under CC-BY Brian Rowe

This is probably acceptable but could be better.  I am technically in violation of the CC license for Bound by Law, I did not notice till I picked up my physical copy for Bound by Law that they had specified exact attribution on page 1.  I am also in violation of Fred’s license as I have used what I would consider a best practice for flickr attribution which does not technically follow the attribution Fred has asked for. I should probably add attribution to the fair use works where possible.  Additionally, Public Domain works do not legaly need attribution, but it is nice to give it so others can figure out how I am claiming rights to use the works and can feel more comfortable with reuse of those portions of my work.  This would be a better:

Slides 2-7 Sarahdavies.cc, PD Original available at slideshare
Slides 7-12 Fred BenensonCC BY. Flickr user: mecredis avalible at Joi Ito
Slide 13  Victor Zhang ARR? Out of the Closet, Victor [me at viczhang dot com], Fair use
Slides 14 Author Unknown, found at foo.com/coolugcimage, Fair use
Slide 28 Bound by Law, By Keith Aoki, James Boyle, Jenifer Jenkins, CC BY NC SA
This slide show is licensed under CC BY Brian Rowe

This is longer and a little tougher to read but if  posted online the slides allow people to follow links and check the licenses out for themselves.  If it is just at the end of a slide show some people will not read it, and a printed version of the slides may lose all the links.  This is better, but I am sure it could be improved upon.

The fair use attribution is tough Victor Zhang’s site says “I do license my works for commercial use. Please email me for more information. Victor [me at viczhang dot com] .”  Does this imply an NC license?  Probably not, but maybe. I am using the work for a NC, educational presentation, I am not charging for access or for the presentation, I am not being paid for the use and the use is 15 seconds.  This is very likely a fair use. Do I have to give attribution legaly, no. But attribution does help me with a good faith argument and is the right thing to do.  Does attribution mean it is easier for Victor to find and sue me, yes.  Although this should not be a reason not to attribute.

Does anyone know of a wiki that collects best practices for attribution?  I would be willing to contribute to an attribution best practices website, if someone is interested in launching one.

PS I have been a little quiet lately, I have 10 days till I graduate from law school.  I will be back to blogging in force right after graduations.