Copyright and 3D objects

In march, I reported that The Pirate Bay added a new category of torrents dedicated to physibles.  Physibles are files that describe 3D objects for 3D printers. I was also betting that we would soon hear aboutthe first litigation about copyright and 3D objects.

 

It did not take long.   Thomas Valenty designed two figurines inspired from the famous Warhammer game.  He shared his physibles on thingverse, which is the reference site for physibles.  End of May 2012, Games Workshop, the flag ship company for game figurines such as Warhammer or AD&D, sent a takedown notice to Thingverse using the DMCA.  Thingverse removed the physibles. 

 

We will soon more and more such cases.  It will be simple when the gimmick is a good replicate of a copyrighted item.  But what if it is slightly different?   See the ongoing, world wide, copyright battle between Apple and Samsung regarding the shape of the Galaxy versus iPad…

Free ride

FreeRideDRM bashing is an Internet well-established sport.  Famous web sites, such as TechCrunch, Wired or ZDNet, which are otherwise extremely interesting, have a biased view about copyright, content owner, and copy protection.  The position of lobbying groups, such as EFF, are in the same mood.  In a nutshell, according to them, copyright laws and content owners are killing the Internet.

“Free ride” from Robert Levine is taking the opposite point of view.  He shows that denying copyright on the Internet is actually killing the Internet.

He describes the battle between three giant groups with diverging interests.   On one side, the media industry wants its cultural goods to be paid, even on the Internet.  On the other side, the Internet companies want information freely to flow.    The more information available (even pirated one), the more advertisement revenues for the Internet companies and pirated sites.  In the middle, the telecom companies initially benefited from piracy because it was a strong attractor for broadband adoption.  Now, piracy is claimed to consume a too large part of the available bandwidth, and starts to hurt these telecom companies.

The book clearly highlights these diverging interests. It also draws a landscape of the current lobbying battlefield (by showing who is financing groups such as EFF, who Google finances…).

Levine’s message is that valuable content is costly to create.  He also explains that creation is not sufficient, if not combined with promotion which is also costly (see Should you invest in the long-tail?).  Without such investment, valuable content will disappear.  Free riders (i.e. companies that use the content  without rewarding the creators) and piracy will kill the economical incentive to create.  The result would be a free Internet without valuable content to propose.  In other words, rather than creating the promised bright cultural future, Internet may create a poor cultural future.  The fact that distribution and production has a cost nearing zero on the Internet should not hide the fact that creation has a cost.  Dematerialisation often hides this cost. User generated dontent or crowd-sourced content is not necessarily at the same level of quality than professional created content.

He claims that the business models proposed by the Internet companies do not fit the economical constraints of valuable content.  As such, he is opposed to Free: the future of a radical price.

This book is refreshing because it gives an argumented position against the widely diffused position of the Internet companies.  In a democracy, it is paramount for a sound debate to hear both sides of the story.  Thus, read also this book, and only then, make your own opinion.

Conclusion:  if you regularly visit my blog, then you should read this book.  It is at the heart of our industry.

Glider versus WoW

Many years ago, company MDY issued the Glider Bot for World of Warcraft (WoW). The Glider Bot allowed to automatically do mandatory routine tasks in the (which are not thrilling but simulate “real” life). Using the bot allowed you to accelerate your progression by earning experience without in fact being in front of your screen. An alternative is gold farming, i.e., you pay somebody to take care of your character while you’re not playing, thus also gaining experience.

As you may guess, Blizzard, the editor of WoW, does not like the bots. It has even installed a tool, called warden, that attempts to detect such bots. Glider passes under the radar of the warden.

Thus, Blizzard sued MDY for copyright infringement because it violated the EULA (End user License Agreement). In February, the Ninth Court of appeals ruled that MDY did not infringe copyright (under some complex difference between covenant and condition, for more legal details see the blog “Lawyers in a Gamer’s World”).

But the court ruled that indeed MDY infringed DMCA’s circumvention of technical prevention measure (the other TPM) although it did not bypass it!

As usual, copyright and DMCA issues are awfully complex.

Apple, Jailbreaking and Patents

Monday, September 13, 2010

Put together these three words and you obtain an explosive cocktail that will surely make the headlines. End of July, a new type of Jailbreaking for iPhone and iPad appeared. Two weeks later, Apple closed the hole. Unfortunately, one week later, somebody highlighted an Apple patent that was filed in February 2009 (There is a period of 18 months after filing while the text of the patent is not public). It was claimed that Apple patented a method to fight jailbreaking and even brick the phone in case of jailbreaking. Most of the news I’ve seen on the Net where making the same statement.
Thus, I decided to have a look on this patent. The title of the patent is “Systems and methods for identifying unauthorized users of an electronic device”. Where is jailbreaking? The patent is about identifying an unauthorized user, not about identifying an unauthorized action. To identify an unauthorized users, the patent proposes in sub claims many solutions such as voice identification (comparing to voice print of authorized users), face recognition, heartbeat sensor (I was not aware of this type of biometrics, has somebody a good pointer?), or proximity detection of a sensor such as NFC. Once an unauthorized user detected, the patent claims that the device collects some information such as keylogging, logging the Internet activity, taking pictures with geotag, or using an accelerometer to identify the current mode of transportation. Then it sends an alert to a responsible party with the collected data.
The patent describes also a larger definition of unauthorized user by

“[0039]As another example, an activity that can detect an unauthorized user can be any action that may indicate the electronic device is being tampered with being, for example hacked, jailbroken, or unlocked. For example, a sudden increase in memory usage of the electronic device can indicate that a hacking program is being run and that an unauthorized user may be using the electronic device. “

:Happy:
Even funnier

“As yet another example of activities that can indicate tampering with the electronic device, an unauthorized user can be detected when a subscriber identity module (SIM) card is removed from or replaced in the electronic device.”

Good luck for the many false positives. Jailbreaking is really a side issue in this patent. It is more valid against thefts than against jailbreaking. Would the device be able to detect jailbreaking, most probably would it be able to cancel the action. Of course, now it is legal to jailbreak the phone, at least in the US.

The lesson is that you should not trust too much what you read in the blogs. Build your own opinion. read the source documents. I am sure that very few of the journalists or bloggers that reported the news did in fact have read the patent.

Six new exemptions to DMCA

Wednesday, August 4, 2010

End of July, the US Copyright Office and the Librarian of Congress have announced six new exemptions that authorize circumventing protection measures as defined by the Digital Millennium Copyright Act (DMCA).

  • It is possible to extract from a DVD (protected by CSS) small video sequences to create a new work, for criticism or education purpose. In other words, DVD is treated like book. Fair use allowed citing extracts of books.
  • Making mobile phone applications interoperable with other handsets. This was in theory already covered by fair use.
  • Jail breaking phones in order to be used on other carrier networks.
  • Circumventing video games for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities; this is good news for security researchers.
  • Circumventing computer programs protected by dongles if they are bugged or obsolete.
  • eBooks if no edition allow access to speak aloud function or special formats displaying (in clear for impaired people)

I don’t know enough about the US regulatory system to assess that it is equivalent to an evolution of the DMCA or just a recommendation. IN any case, it is always the judge who has the final words. Any US lawyer who may answer this question?

Calculators and DMCA

In my old times (end 70s), the first programmable calculators appeared: HP34 with inverted Polish notation (A twisted mindset needed!), and the TI57, TI 58 and overall the mythic TI59. It was the first programmable calculator with 1K RAM! And recordable magnetic strip, printer… The competitor was HP41C.

But one of the most funny part of these calculators was to discover their secrets, i.e., find ways to do things that they were not suppose to do or find hidden features. We exchanged and searched feverishly these tips.

The recent episode of Texas Instruments (TI) reminded me these glory days. (sniff). Hobbyists succeeded to install different OS on TI’s latest graphical calculators. The applications are normally signed. Hobbyists succeeded to reverse engineer the signing keys and published them on blogs. Thus, TI issued letters demanding the bloggers to remove the information due to DMCA violation.

Mid October 2009, Electronic Frontier Foundation (EFF) represented three persons who received such notifications. EFF claimed that DMCA allowed reverse engineering to create interoperable custom software like the program.

End of October, TI has dropped the threats against these persons. Nevertheless, it seems that TI continues to issue such letters to other bloggers.

I believe that some people have the compulsory need to “hack” in the Noble sense a system that they own. It is a intellectual challenge. It is usual in the game console domain and even in the mobile phone. Sometimes they have the blessing of the manufacturer (Sony and the PS3). More often, they do not have it (XBOX, Wii, DS, iPhone, …) The hobbyists are not driven by greed, they are driven by intellectual challenge. Unfortunately, sometimes their work is reused by pirates who are money driven.

Should a manufacturer fight back hobbyists? If their work endangers the business model of the manufacturer, then the answer is yes. Else, the answer is not Manichean. Many other parameters may be analyzed: safety, liability,…

DoJ reacts to the Thomas-Rasset case

In June 2009, a Court sentenced Jammie Thomas for $1,9 million as statutory damages award. Meanwhile, Jammie Thomas has moved to the Court to either alter the judgment because the statutory damages award is unconstitutional, or remit the award, or grant a new trial because some evidences should not have been admitted.

The Department of Justice (DoJ) reacted against the first issue, ie, the unconstitutionality of the statutory damages award. Argument I of the published document recommends the Court to solve the case with the two last arguments (remittitur, and new trial due to unacceptable evidence. In other words, avoid to go on the constitutional battle ground.

But the most interesting part is in argument II. DoJ examines the issue of constitutionality of the statutory damages award. In short, the purpose of statutory damages is to compensate the plaintiff for damages that are hard to evaluate, as copyright infringements. Furthermore, Doj sheds some lights on their goals:

The Copyright Act’s statutory damages provision serves both to compensate and deter.

(page 17)

The message towards the infringing users is even clearer:

The current damages range provides compensation for copyright owners because, inter alia, there exist situations in which actual damages are hard to quantify. Furthermore, in establishing that range, Congress took into account the need to deter the millions of users of new media from infringing copyrights in an environment where many violators believe that they will go unnoticed.

(page 3)

Since 1999, the range is between $750 and $30,000 per infringed works in case of non willful violation. If willful, it raises to $150,000. Thus, the $80,000 is in the middle of the range.

Let’s see what the Court will decide.

PS: DoJ’s document is interesting to read although tough (as most legal paper)