mfioretti: public domain*

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  1. -
    http://www.techdirt.com/articles/2011...retroactively-extends-copyright.shtml
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  2. Multinational companies – the same ones who cry poverty and demand far-reaching laws like the Stop Online Piracy Act – have laid title to public domain videos, "homesteading the public domain", and they are abusing Google's copyright peace offering to steal from the public. author » Cory Doctorow
    http://www.guardian.co.uk/technology/...c/12/pirates-of-youtube-cory-doctorow
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  3. I realized a diagram including all the most important opendata licenses that are now available, and classifying them according to their legal effects (attribution and share-alike, attribution only, public domain). I hope this work can be useful to better understand the actual situation of database (open)licensing.
    http://aliprandi.blogspot.it/2012/05/opendata-graph.html
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  4. Googlebooks has scanned tons of PUBLIC DOMAIN BOOKS, but not all PUBLIC DOMAIN BOOKS are accessible. There are a tons of PUBLIC DOMAIN BOOKS that Goglebooks refuses to UNLOCK for full view. It is terribly important to know that scanning is not preservation and does not mean access. Besides, will Google care enough to make multiple scanned copies available? Will we be able to see the errors and additions in certain volumes or not once the originals disappear?
    http://www.digital-rights.net/?p=3733
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  5. With a wide-open, long tail platform, the Amazon bans junk ebooks is going to be very tough to enforce, but they’re right. Having someone selling 10,000 books each computer generated and each based on Wikipedia content wasn’t good for anyone.
    http://www.thedominoproject.com/2012/05/amazon-bans-junk-ebooks.html
    Tags: , , , , by M. Fioretti (2012-07-10)
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  6. Sadly, this looks less likely to come to fruition thanks to opposition from collecting societies, who seem to think they have a right to payments even from libraries trying to do their job by helping the public gain access to information. Argentina's archaic copyright system may be very different, but its collecting societies are clearly no different from those in other countries.
    https://www.techdirt.com/articles/201...yright-works-with-mixed-results.shtml
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  7. it seems like a good opportunity to recall the underlying complexities of calculating copyright term duration: If you have a fast internet connection and a big screen, you may want to take a look at this 25 MB pdf, which depicts the decision trees for 30 european jurisdictions that power the public domain calculators on www.outofcopyright.eu.
    http://www.communia-association.org/2...e-little-prince-and-the-public-domain
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  8. What works were at issue in Golan? As Breyer described, “foreign works published abroad after 1923, of which there are many millions, including films, works of art, innumerable photographs, and, of course, books – books that (in the absence of the statute) would assume their rightful places in computer-accessible databases, spreading knowledge throughout the world.” Moreover, many of these were obscure orphan works (works with no locatable rightsholder) that are now effectively off limits to educators, film collectors, community orchestras, and database compilers who previously had the right to use them for free.

    What are the limits on this decision? Could Congress recall the works of Shakespeare, Plato, Mozart and Melville from the public domain, and create new legalized monopolies over them? It is hard to imagine anything more contrary to the First Amendment – would privatizing Shakespeare by government decree abridge freedom of speech? – or to the attitudes of those who penned the Copyright Clause that limits Congress’s power to create new exclusive rights. Yet if one reads Golan, one searches in vain for any limiting principle on Congress’s actions. In this decision, Justice Ginsburg’s majority opinion effectively denies the public domain any meaningful Constitutional protection. Under the U.S. Constitution, says this case, the public domain is “public” only by sufferance. It may be privatized at any moment, at the whim of the Congress and without violating the Bill of Rights.
    http://web.law.duke.edu/cspd/publicdomainday/2013/shrinking
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  9. data, not software, is the heart of today's most successful "software" companies. Peddling bits is yesterday's business model.

    But what about innovation? If developers choose to put their code into the public domain, won't innovation stagnate?

    Please. That's another tired argument from the 20th Century. TechDirt highlights research showing that extending copyrights increases prices and limits dissemination of knowledge, while also pointing out that people who believe patents cause innovation are simply confusing correlation with causation. If anything, patents inhibit innovation.

    This may be one reason that the US and UK, both super strong on intellectual property protection, come in dead last in IT innovation, according to a new report from CA Technologies.

    None of which means that developers or companies need rip off their clothes and mosh to hippie anthems, all while collectively shaking their fists at The Man. It just means that we should start considering public domain as a more efficient way to share code and boost innovation. To the extent that companies feel the need to hold code back under proprietary licenses as a way to encourage customers to pay, fine. But real innovation should happen in the open, and the most open way to do this is the public domain.
    http://www.theregister.co.uk/2013/02/18/open_and_shut
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  10. The case raises the issue of which elements of the Sherlock Holmes stories are in the public domain, and which may remain under the protection of copyright law. Copyright can sometimes, but not always, protect characters and plot. Recognition of copyright protection for fictional characters goes back to Judge Learned Hand, who suggested that characters might be protected, independent from the plot of a story. He wrote “It follows that the less developed the characters, the less they can be copyrighted; that is the penalty an author must bear for making them too indistinct.” So, while a writer cannot secure a monopoly on hard-boiled private eyes, one could protect a finely drawn character like Sam Spade.

    While plots can be protected, stock scenes cannot. The doctrine of scènes à faire excludes from copyright protection scenes that flow from common unprotectable ideas. These would include “thematic concepts or scenes which necessarily follow certain similar plot situations” and ordinary literary incidents and settings which are customary for the genre. Thus, a writer cannot preclude others from using such common devices as a car chase or cattle drive in their stories.
    http://www.ifp.org/resources/sherlock...mes-and-the-case-of-the-public-domain
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