Legal Issues

Girl Meets Copyright: From copy ignorance to copyawareness

girl meets copyright

So you want to complain that open access will destroy the marketability of your work? Okay. Fine. But then don’t complain when books cost money, and when that course packet of essays you want to put together for your class turns out to cost a lot of money, and when the library and the department send you nasty notes about the illegality of making multiple copies of copyrighted work for your classes. Because you know what? All those other writers want their work to be marketable, too, and their publishers all told them that the only way to do that was to clamp down on all these people trying to steal their stuff for free.

Grievance filed over trash can photo at Blanton Elementary

Shamica Neal was told that it was part of a reading initiative called "I'd rather be reading," in which students posed in different settings performing different tasks.

"That had nothing to do with reading," Neal said. "It was humiliating for him because kids were teasing him."

Neal, who provided a copy of the photo to The Dallas Morning News, said she did not give the school permission to take or display the photo. She has filed a grievance with the school district against the librarian, alleging that the incident caused emotional damage to the child and humiliated him. The NAACP has also met with the school about the incident.

Full article

Former OSU Librarian's Discrimination Suit Rejected

COLUMBUS, Ohio -- A federal judge has rejected a lawsuit by a former Ohio State University librarian who sued the school, claiming he faced discrimination for his Christian beliefs.

U.S. District Court Judge William Bertelsman has ruled that Scott Savage couldn't show that the university made his working conditions intolerable enough to resign.

Savage said he was forced to quit after recommending a conservative book for incoming freshmen at the university's Mansfield campus.

Savage said the school's other picks were too liberal and reflected the promotion of a gay agenda. NBC, and more detail from Inside Higher Ed.

Apple's E-Book Pricing Prompts Antitrust Inquiry

The pricing of electronic books is one of the biggest issues currently facing the publishing industry. The de facto $9.99 standard set by Amazon (AMZN) for books available on its Kindle device has had many big publishers up in arms, so when Apple (AAPL) came calling with the iPad -- and a totally different pricing model that raised e-book prices by a handful of dollars -- publishers bit.

Now the pricing model switch has book publishers and Apple in the crosshairs of the Texas Attorney General's Office. Though the investigation is still in preliminary stages, there's a good case for legal action -- and it's all about the current state of antitrust legislation.

See full article from DailyFinance: http://srph.it/aAOspE

ACLU threatens to join Amazon customer privacy fight

The American Civil Liberties Union of North Carolina is telling the state Department of Revenue to back off on a request for "constitutionally protected private information" of Amazon.com customers.

In a letter Thursday to Revenue Secretary Kenneth Lay, the group says it will join an existing lawsuit brought by the online retail giant if the department "persists in its demand" for North Carolina customers' names and addresses.

Full article here.

Would Kagan Ban Books?

The NY Sun's air tight legal analysis says books no, but, pamphlets yes... "Let us just say that these columns have been covering the courts since 1933, and it’s hard to recall an exchange before the high bench more unsettling in respect of our basic liberty to conduct a free and robust election debate."

Kagan info from the Law Library of Congress

To serve congressional and public requests for resources pertaining to this historic nomination, the Law Library of Congress has developed a web presentation on Kagan on its Supreme Court Nominations site http://www.loc.gov/law/find/kagan.php. Visit their bibliography to find out more about the new Supreme Court nominee.

They have PDFs of the articles I listed yesterday. I would have posted the PDFs but was worried about copyright issues. I assume the Law Library of Congress cleared the rights so that they could post the PDFs of the full text.

Kagan Law Review Articles and Book Reviews

Articles written by Elena Kagan

Presidential administration.
Harvard Law Review
Elena Kagan. 114.8 (June 2001): p2245-2385

Chevron's nondelegation doctrine.(Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.)
Supreme Court Review
David J. Barron and Elena Kagan. (Annual 2001): p201(65).

When a speech code is a speech code: the Stanford policy and the theory of incidental restraints. (response to an article by Thomas C. Grey in this issue, p. 891)(Symposium: Developments in Free Speech Doctrine; Charting the Nexus Between Speech and Religion, Abortion, and Equality)
U.C. Davis Law Review
Elena Kagan. 29.n3 (Spring 1996): p957-969.

Private speech, public purpose: the role of governmental motive in First Amendment doctrine.
University of Chicago Law Review
Elena Kagan. 63.n2 (Spring 1996): p413-517.

The Confirmation Mess: Cleaning up the Federal Appointment Process.
University of Chicago Law Review
Elena Kagan. 62.n2 (Spring 1995): p919-942.

Regulation of hate speech and pornography after R.A.V. (R.A.V. v. City of St. Paul)
University of Chicago Law Review
Elena Kagan. 60.n3-4 (Summer-Fall 1993): p873-902.

The changing faces of First Amendment neutrality: R.A.V. v. St. Paul, Rust v. Sullivan, and the problem of content-based underinclusion.
Supreme Court Review
Elena Kagan. (Annual 1992): p29-77.

Washington Supreme Court Approves Use of Library Internet Filters

Public libraries, in theory, are supposed to be bastions of information. But with the rise of the Internet, many libraries have begun putting up online filters, to make sure users are using public broadband connections to search for actual information and not, well, porn. To many, it's a practical measure. But is it constitutional? According to the Washington state Supreme Court, it is.

Full article here

The Perils of Automatic Copyright Protection

A cautionary tale about copyright, and the automated systems that enforce it.

If you post a video on YouTube, using one of their very own video creation tools, don't you expect it to go up and be viewable without any problems? Because of YouTube's Content ID system, it might not be so easy ...

Read the full story here.

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