Archive for May, 2010

Facebook and Privacy

May 6th, 2010

Since a few weeks your Facebook account is not just a page with your latest thoughts and agricultural transactions. I remember visiting People magazine’s website, because I was conducting research for a class on movie marketing. The article I stumbled upon ( http://www.people.com/people/article/0,,20363861,00.html#facebook_comment)
dealt with a 19 year old lead of the movie “Kick Ass” fathering his 43 year old fiance an being a stepdad to her 13 and 3 year old daughters.

Without further elaborating on the content, I found the article could have used some further proofreading and wanted to comment.

Once I scrolled down, I realized that I am already logged in over my Facebook profile.
That really caught me by surprise. I understand that Facebook is widely used, but I don’t think that connecting profiles to websites is serving our privacy.

On the contrary, it enable the participating websites to get a better idea of our individualized interests, opinions and by lack of attention on the side of the user probably also other things, like socioeconomic status, relatives etc.

How do you feel about your profile being connected to other websites?

Pirating and the Porn Industry

May 6th, 2010

Wow, I just read a very entertaining and informative blog post on the New York Times website by Kal Raustiala, a professor at UCLA Law School, and Chris Spriggim, a professor at the University of Virginia Law School. They have researched the effects of the porn equivalents of Youtube, and it is significant. I guess it makes sense that these web sites would do more harm to the porn industry than youtube does to the television or music industry. They highlight one website called Pornhub, which is the 53rd most visited website on the internet, compared to, CNN at number 59, New York Times at 96, Youtube at number 3, and then Vivid, a prominent American porn producer at number 19,543. The article goes on to point out that the porn dvd industry is declining severely. While this is also happening to other industries that are being affected by internet piracy, i think it is more damaging to the porn industry than the others. With music, television, and film, watching youtube clips can act as an advertisement or a form of promotion for the real product. However, in the porn industry i would imagine that the free internet clips act as a substitute, because as the article states, “Pornogrophy is, in large part, a utilitarian product, and for most consumers, the purpose for which it is employed is served just as well by a five minute porn-tube clip.” This is definitely not true of other more art driven piracy which is used for more cultural purposes than simply utilitarian. The long term effect that internet piracy will have on the porn industry in largely unknown. I think, based on these findings that it will be pretty large, but i am sure that based on demand society will never have a lack of porn. The article goes on to reveal that porn companies are trying to produce bigger scale projects such as 3D porn to compete with piracy. I guess people loved Avatar, right? Anyway, here is a link to a hysterical youtube clip of pornstars, or i’m sorry, “Performers” explaining why piracy is wrong. Enjoy.

<object width=”640″ height=”385″><param name=”movie” value=”http://www.youtube.com/v/4xNzsTHA1nI&hl=en_US&fs=1&”></param><param name=”allowFullScreen” value=”true”></param><param name=”allowscriptaccess” value=”always”></param><embed src=”http://www.youtube.com/v/4xNzsTHA1nI&hl=en_US&fs=1&” type=”application/x-shockwave-flash” allowscriptaccess=”always” allowfullscreen=”true” width=”640″ height=”385″></embed></object>

China is Beginning to Catch On

May 5th, 2010

As we’ve discussed in class, the ACTA treaty is in hot debate across the pond in Europe. It seems, according to this article, “Copyright Group Claims Hong Kong Wants ‘3-Strikes’,” that China is beginning to open up to the idea of cracking down on copyright infringement. As we’ve also discussed in class, the violations of copyright laws in China are rampant, most people obtain their media entertainment via illegal file-sharing sites since the communist government so strictly regulates the content that is publically available. So how come the change of heart to suddenly crack down on the widespread use of infringed materials in China?

The International Federation Against Copyright Theft-Greater China (IFACT-GC) released a survey that gives the government and the federation incentive to enforce a copyright treaty quite similar to the ACTA. According to the survey, 81% of Chinese citizens would stop infringing or pirating if there was a 3-strike rule enforced on their illegal activities, approximately 53% said they would stop pirating even after one warning. This goes to show that if the Chinese government enforced any sort of legal punishment system to battle infringements that the Chinese people would be receptive to it and heed the law. This also goes to show that the public is more concerned with having Internet access than pirating from the Internet, the trade-off is not worth it to them.

The article suggests that this survey was rigged, or was not conducted in a setting that would produce the most accurate results to display how the Chinese citizens truly feel about their pirating activities. My question is, why would the Chinese government not seriously crack down on this issue earlier? And, will this survey sway the laws in China to be harsher on its citizens? I’m interested to follow this, as well as the ACTA to see how they will be enforced in the future, if they will be enforced…

http://www.zeropaid.com/news/89002/copyright-group-claims-hong-kong-wants-3-strikes/

Bollywood ♥ Hollywood = ©

May 3rd, 2010

The relationship between Bollywood and Hollywood exemplifies the complexities of international copyright. India’s film industries have been making “cultural copies” of Hollywood scripts for decades, but with the emergence of the Internet and other technologies, has recently become more visible in America. The term cultural copy is defined as “a nearly direct copy of a movie or other work from one culture into another culture”. This practice can be observed in Banda Yeh Bindaas Hai or This Guy is Fearless (2010), the controversial Indianized remake of American comedy, My Cousin Vinny (1992). American film company 20th Century Fox brought a $1.9 million copyright lawsuit against India’s BR Films company because of its illegal reproduction of the Oscar-award winning film. According to the Press Trust of India, “BR Films had been given permission to make a film based on the idea of the movie, but that rights for a Hindi-language remake had not been approved. A study of the script found it to be a ‘substantial reproduction’ of the US film and the storyline was identical.” What differentiates between this film simply being inspired by or using the idea from the original work, and infringing upon it, is its explicit lifting of scenes, sequence, storyline, and script content. This case was settled outside of the Calcutta High Court where it was originally filed, after BR Films compensated Fox $200,000 for its replication of My Cousin Vinny. In my opinion, this blatant display of cultural copying is not necessarily an issue, but becomes problematic when it inhibits two of the US Fair Use and Indian Fair Dealing purposes by: delving into markets that Hollywood has begun profiting from, such as the UK and India, and hindering Bollwood’s incentives for creating innovative works by relying on American films to ensure box-office success. Take a look at these photos from scenes in each of the films, striking resemblance, no?

Google Image Search Does Not Infringe Copyright in Germany

May 1st, 2010

In 2006 and 2007, Google lost two german lawsuits regarding copyright infringing thumbnail images. Photographer Michael Bernhard claimed that his images were being displayed on Google’s website with out his permission. It was stated that though the images are smaller and of different resolution, they are still not derivative works, and are not fair use. The copyright owner believed that his consent was required to make the images ‘google-able.’ A similar case involving the potentially infringing Google Image feature was also brought to court, and won.

However, it is definitely fair to say that the Google Image service, which has been around since 2003, is an overall helpful service, that millions benefit from on a daily basis. Information is made available and findable in a much more efficient way that generally benefits both the searcher and the searched.

Luckily, in the last couple weeks, the German Supreme Court finally ruled that the Google Image search feature is not a copyright infringing feature in any way, shape or form.. A similar case was yet again brought into the German court system, and it was finally clearly resolved that if one doesn’t, for some reason, want their images to show up in Google Images, than there are many tools offered to block Google from ‘crawling’ their images.

I just wanted to post this because I find it comforting when a case between a government and the internet is resolved for the clear better (something that is unfortunately rare…)