14 Aug Must post first.How many of you are too young for the beasti
Must post first.How many of you are too young for the beastie boys? Click it here (Transcript) and here (Transcript) During the late 1960’s, the Beatles and their wide variety of musical styles became an important contribution to the lives of youth and adults. They are iconic, as the cliche goes. Then, you should read this. Band member Adam Yauch ‘MCA’ who died in 2012, even left instructions in his will saying that in no event could his artistic property be used for advertising. The Boyz were sued themselves, as part of the ‘sampling’ controversies in the early days of hip-hop. Some of you may know what ‘sampling’ is and that is was present hip-hop.Well here is the court’s opinion and order. Read and digest it, and think about how it matches what you are reading now in Chapter 6. You will see it again, so don’t skip this even though I am not requiring a response. Any comments, observations, however?Now, look at The Digital Millennium Copyright Act Is Even Worse Than You ThinkRequired responses –> Answer All Required Questions:1. Why did the reporter in the CNET piece use the term ‘copyright hawk’ to describe some Congressmen and Senators?2. What is the status of proposals to reform U.S. copyright laws?3. Does DMCA apply to content on social media (Web 2.0—Facebook, Twitter, Instagram, Pinterest, and newer apps)?You must start a thread before you can read and reply to other threadsRespond: Gaming Game of Thrones: Piracy and Regulation of Web ContentMust post first.Our readings this week give you a broad brush of “traditional” copyright legal issues in the media. You know—creation, use, protection, misuse without a license of creative, expressive content: books, pictures, pieces of film, audio, artwork, even factual material. That’s old school…now, when you think of “piracy,” whether you are or want to be a communications or media professional of some kind—maybe work for a record label, or Time-Warner and thus HBO, or be an attorney…or a movie star or the next Taylor Swift or write scripts for reality TV—much of what we are talking about these days is illegal downloading of copyrighted material. Not fair use…Required response:What is the fair use exception? Why would it be important to students and professors?Enjoyment rather than profit isn’t even remotely relevant to some people who who run afoul of copyright law. That’s the hallmark our our age. When we bootlegged cassette tapes, then CDs and then DVDs, much of it was for underground commerce. Now a lot of misuse of copyrighted material is merely because folks don’t want to pay for it, not because they are selling/dealing in it. Indeed, these people have not really been called pirates, but are now labeled “hackers,” even though that term is inapt.That’s the irony.You also have the MPAA (film) and the RIAA (Recording Industry Association of America) and other trade groups representing gamer content creators (and there it’s often in conjunction with hardware/systems manufacturers like Sony/PS3 & now PS4, Microsoft/Xbox, Apple, etc.) pushing tougher laws, tougher sanctions. Enforcement now is not only a matter of giant companies suing other giant companies, but giant companies suing and getting the federal government to prosecute.That’s another irony.Optional response:Can anyone name a matter where prosecution and pressure by the government was instrumental in a young downloader/hacker committing suicide?A major focus of the RIAA, for all of you music buffs, ‘s attention is piracy or the illegal copying and distribution(hacking) of sound recordings. RIAA classifies music piracy into four (possibly overlapping) categories.Pirate recordings – illegally duplicated copies of the sound portion of a lawful recording, without any duplication of the packaging.Counterfeit recordings – illegally duplicated copies of the sound and its packaging, so that, for example, a counterfeit CD resembles the legitimate product.Bootleg recordings – illegal recordings of live or broadcast music.Online piracy – the unauthorized uploading or downloading of copyrighted media to or from a Web site. This is getting rarer in 2013-14 as we move to the convergence issues of Web 2.0 and devices (phones, tablets)Again, it’s the last one we are now calling hacking, and it’s the last one that something “new”See if you can reconcile these notions—some musicians and actors who we think of as populists and cool are vehemently against piracy, especially if they are the copyright holders. Hackers and pirates are taking money out of their pockets in sales from being the artist and in residuals from the actual copyright holder . Some don’t care.HBO’s hit series ‘Game of Thrones’ was the most pirated television show, globally, of 2012 and 2013 (with HBO’s “True Detective” coming in #1 in the USA with GOT a close second), yet the show’s director, David Petrarca, sort of says its ok, so long as there is ‘cultural buzz’ and social commentary surrounding a show. The website TorrentFreak released a list of the most popular pirated TV shows of 2012 and found that the series led the pack with 4.28 million illegal downloads of a single episode.Irony again: AT&T, Verizon (FIOS) and Time Warner Cable and now Comcast are among the Internet providers who have a Six Strikes and you’re out. Even if you hack into streaming services like Netflix (which is their competitor), or pirate music online or TV shows or first run films—and do it through the Internet– six incidents mean you will be blacklisted from having an account with any of those companies. Forever.Coupled with criminal enforcement by Homeland Security through ICE (Immigrations & Customs Enforcement) and the FBI (the old copyright notice on videotapes, remember that?) you have what some Internet activists and anonymous hackers call a “Draconian Corporate-Government Partnership” to wipe out free expression and exchange of ideas.Which brings us to SOPA and PIPA. SOPA was killed by House of Representatives (one of the few times some Congressional Republicans sided with Obama) and PIPA died in the US Senate (thus they are not proper subjects for you CA2).Required response:What were full names of the acts SOPA and PIPA and what were they designed to do?Yet the biggest irony of all…neither died because of “hackavists” or Net freedom crusaders. They died because Google, Wikipedia, Facebook, Amazon, Twitter went to war against Hollywood, the music industry, the gaming industry and Wall Street and won. Is that necessarily a good thing—when Godzilla fights another scary monster does that necessarily mean WE small humans benefit? (should we pick the tech giants’ side? After all, when the NSA was and is doing surveillance on US citizens, domestically…Uncle Sam is helpless without the assistance of one set of these scary monsters doing the dirty work).They managed, with their influence, to get millions of folks to sign petitions against PIPA and SOPA and influence Obama and lobby Congress with money and pressure more than the entertainment industry. A content blackout on the Internet didn’t help Hollywood’s plight. Perhaps you remember that.Recall the Asiana Airlines crash last summer in 2013, when media outlets, both legacy (newspaper and magazine, broadcast and cable networks) and digital, scrambled to get the video, the story, the flash out first? The crash landing in San Francisco flooded national and local news networks for days. It was during this time that a Fox affiliate, San Francisco station KTVU, “confirmed” the names of the pilots of the doomed flight and announced them on-air.It was immediately obvious the names given, “Captain Sum Ting Wong,” “Wi Tu Lo,” “Ho Lee Fuk,” and “Bang Ding Ow,” were not only incorrect (if any editor or producer was paying attention..why wouldn’t they be? We will touch on that in two weeks), but also a racist joke.The station and reporter quickly apologized for the mistake but the damage had been done and the clip exploded all over social media and TV. The station responded quickly once again by turning to the Digital Millennium Copyright Act (DMCA). The DMCA was signed into law by President Clinton in 1998 and requires sites to remove any copyrighted material on their pages at the request of the copyright holder. The law is intended to protect misuse of copyrighted material however KTVU used the law to their advantage to remove the embarrassing news clip and many sites which carried the video now display the generic message indicating the “video is no longer available due to a copyright claim…” Often for reasons not having anything to do with copyright infringement the law is used as a defense. Just check YouTube for the number of videos taken down or blacked out; it is said that of those, perhaps 40% are due to issues not pertaining to improper or unauthorized (unlicensed) use.You must start a thread before you can read and reply to other threads
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