Tag Archives: fair use

YouTube “Very Concerned” About Article 13, Mulls Copyright Claim Tweaks

Post Syndicated from Andy original https://torrentfreak.com/youtube-still-very-concerned-about-article-13-mulls-copyright-claim-tweaks-190501/

On March 26, the EU Parliament voted to pass the new Copyright Directive, including the controversial Article 13 (Article 17 in the final text).

The final step took place mid-April, when the Council of Ministers approved the legislation, despite opposition from Italy, Luxembourg, Netherlands, Poland, Finland, and Sweden.

YouTube was and remains one of the primary targets of the legislation. Copyright holders, those from the music industry in particular, want to prevent the platform from utilizing content without paying a fair market rate.

Whether that will be the actual real-world outcome remains unclear but in a new post on its Creator Blog, YouTube says that it still has deep reservations surrounding the legislation.

“[W]e are also still very concerned about Article 13 (now renamed Article 17) — a part of the Copyright Directive that recently passed in the E.U,” writes YouTube CEO Susan Wojcicki.

“While we support the rights of copyright holders—YouTube has deals with almost all the music companies and TV broadcasters today—we are concerned about the vague, untested requirements of the new directive.”

While it hardly needs repeating, the tacit requirement for some Internet platforms to install upload filters to prevent infringement in the absence of content licensing deals remains a big concern for many companies. While YouTube already has such systems in place, strict upload filters are a potential threat, Wojcicki suggests.

“[Article 17] could create serious limitations for what YouTube creators can upload. This risks lowering the revenue to traditional media and music companies from YouTube and potentially devastating the many European creators who have built their businesses on YouTube,” the company’s CEO adds.

Although Article 17 has passed on the EU level, member states will still have to write its provisions into local law, a process that’s likely to prove both complex and controversial. Wojcicki would like to see YouTube supporters, many of whom are Article 17 opponents, continue the fight, to ensure the best possible outcome.

“While the Directive has passed, there is still time to affect the final implementation to avoid some of the worst unintended consequences. Each E.U. member state now has two years to introduce national laws that are in line with the new rules, which means that the powerful collective voice of creators can still make a major impact,” she writes.

“We must continue to stand up and speak out for open creativity. Your actions have already led to the most popular Change.org petition in history and encouraged people to reach across borders. This is not the end of our movement but only the beginning.”

Finally, Wojcicki says that the company has been listening to key YouTube content creators who have expressed frustration over what they feel is an abuse of the copyright claims process on the platform.

Some users are receiving copyright claims following the use of small excerpts of copyrighted content lasting ten seconds or shorter, sometimes in an inadvertent context. It appears that the platform may be prepared to tackle this issue in the future.

“We also heard firsthand that our Manual Claiming system was increasingly being used to claim very short (in some cases one second) content or incidental content like when a creator walks past a store playing a few seconds of music,” Wojcicki notes.

“We were already looking into this issue but hearing this directly from creators was vital. We are exploring improvements in striking the right balance between copyright owners and creators.”

These types of claims, that are often filed without considering fair use implications, are decried by creators as a major irritant when attempting to review and critique third-party content, or film in public places. How YouTube will tackle this problem remains unclear but addressing it effectively could be a real boost to those who use copyrighted content within the confines of the law.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

Appeals Court Overturns Google’s Fair Use Victory For Java APIs (Techdirt)

Post Syndicated from corbet original https://lwn.net/Articles/750228/rss

Techdirt reports
that the US Court of Appeals for the Federal Circuit (CAFC) has resurrected
Oracle’s copyright claim against Google for its use of the Java APIs in
Android. “Honestly, the most concerning part of the whole thing is
how much of a mess CAFC has made of the whole process. The court ruled
correctly originally that APIs are not subject to copyright. CAFC threw
that out and ordered the court to have a jury determine the fair use
question. The jury found it to be fair use, and even though CAFC had
ordered the issue be heard by a jury, it now says ‘meh, we disagree with
the jury.’ That’s… bizarre.

Announcing FreeRTOS Kernel Version 10 (AWS Open Source Blog)

Post Syndicated from jake original https://lwn.net/Articles/740372/rss

Amazon has announced the release of FreeRTOS kernel version 10, with a new license: “FreeRTOS was created in 2003 by Richard Barry. It rapidly became popular, consistently ranking very high in EETimes surveys on embedded operating systems. After 15 years of maintaining this critical piece of software infrastructure with very limited human resources, last year Richard joined Amazon.

Today we are releasing the core open source code as FreeRTOS kernel version 10, now under the MIT license (instead of its previous modified GPLv2 license). Simplified licensing has long been requested by the FreeRTOS community. The specific choice of the MIT license was based on the needs of the embedded systems community: the MIT license is commonly used in open hardware projects, and is generally whitelisted for enterprise use.” While the modified GPLv2 was removed, it was replaced with a slightly modified MIT license that adds: “If you wish to use our Amazon FreeRTOS name, please do so in a
fair use way that does not cause confusion.
” There is concern that change makes it a different license; the Open Source Initiative and Amazon open-source folks are working on clarifying that.

EFF: Bassel Khartabil, In Memoriam

Post Syndicated from ris original https://lwn.net/Articles/729644/rss

The Electronic Frontier Foundation reports
that Bassel Khartabil, Syrian open source developer, blogger,
entrepreneur, hackerspace founder, and free culture advocate, was executed
by the Syrian authorities. “Bassel was a central figure in the
global free culture movement, connecting it and promoting it to Syria’s
emerging tech community as it existed before the country was ransacked by
civil war. He co-founded Aiki Lab, Syria’s first hackerspace, in Damascus
in 2010. He was a contributor to Mozilla’s Firefox browser and the Syrian
lead for Creative Commons. His influence went beyond Syria, however: he was
a key attendee at the Middle East’s bloggers’ conferences, and played a
vital role in the negotiations in Doha in 2010 that led to a common
language for discussing fair use and copyright across the Arab-speaking
world.
” (Thanks to Paul Wise)

EFF Lawsuit Takes on DMCA Section 1201: Research and Technology Restrictions Violate the First Amendment

Post Syndicated from jake original http://lwn.net/Articles/695118/rss

The Electronic Frontier Foundation (EFF) has announced that it is suing the US government over provisions in the Digital Millennium Copyright Act (DMCA). The suit has been filed on behalf of Andrew “bunnie” Huang, who has a blog post describing the reasons behind the suit. The EFF also explained why these DMCA provisions should be ruled unconstitutional:
These provisions—contained in Section 1201 of the DMCA—make it unlawful for people to get around the software that restricts access to lawfully-purchased copyrighted material, such as films, songs, and the computer code that controls vehicles, devices, and appliances. This ban applies even where people want to make noninfringing fair uses of the materials they are accessing.

Ostensibly enacted to fight music and movie piracy, Section 1201 has long served to restrict people’s ability to access, use, and even speak out about copyrighted materials—including the software that is increasingly embedded in everyday things. The law imposes a legal cloud over our rights to tinker with or repair the devices we own, to convert videos so that they can play on multiple platforms, remix a video, or conduct independent security research that would reveal dangerous security flaws in our computers, cars, and medical devices. It criminalizes the creation of tools to let people access and use those materials.”

Google beats Oracle—Android makes “fair use” of Java APIs (ars technica)

Post Syndicated from corbet original http://lwn.net/Articles/688750/rss

Ars technica reports
that Google has prevailed against Oracle in its court battle over the use
of the Java APIs in Android. “There was only one question on the
special verdict form, asking if Google’s use of the Java APIs was a ‘fair
use’ under copyright law. The jury unanimously answered ‘yes,’ in Google’s
favor. The verdict ends the trial, which began earlier this month.