January 2012

Supreme Court: ‘Peter and the Wolf’ Can Be Removed From Public Domain

In a setback for educators and orchestras, the Supreme Court ruled that Congress can place works under copyright that were once free for everyone to use.

In a 6-2 ruling, the Court rejected a symphony conductor’s claim that it was a violation of the First Amendment and an illegal taking for Congress to give retroactive copyright protection to Prokofiev and other foreign composers whose works have been freely available for decades. Congress decided to extend copyright to the composers and many other long-dead foreign artists as part of international trade negotiations in the 1990’s. The result was that people wishing to use works like Astrid Lindgen’s Pippi Longstocking and Jean-Luc Godard’s À Bout du Souffle must now pay royalties.

Why Amazon’s Plagiarism Problem Is More Than A Public Relations Issue

Plagiarized editions for sale in Amazon’s Kindle store show how the company is still adapting to the world of original content creation.

At the same time, the stolen books may also present a test of the retailer’s ability to rely on a widely used legal shield that protects content sites from being accused of copyright infringement. Spammy and stolen e-books—either plagiarized copies of copyrighted works by other authors, or books thrown together from “private label rights” (PLR) content, which can be bought very cheaply online and quickly formatted into multiple e-books—have long been a problem in the Kindle store. “We’ve found that the folks spreading PLR are also more likely to be plagiarists of real book content” as well, says Mark Coker, the CEO of e-book publishing platform Smashwords (a competitor of Amazon’s self-publishing platform). In many instances, Coker says, plagiarized and PLR content banned by Smashwords still appears in the Kindle and Nook stores. He says those stores don’t vet content as thoroughly as Smashwords does.

Rebecca MacKinnon On Internet Censorship And How To Resist It

A Q&A with online censorship expert Rebecca MacKinnon who talks shop about her new book, Consent of the Networked, which hits shelves January 31. “Until recently, we've looked at politics and power as something that happens in the physical world; we figured out governance by consent with the drawing up of the Magna Carta. Now we have this globally interconnected world with governments and companies acting as the sovereigns of cyberspace. But what we don't have is the consent of the governed.”

Songkick Strikes A Chord With Music Lovers

Are you ready to rock? Michelle You was while attending school in Beijing, but it was hard to find information about live concerts. Later, at the University at Cambridge, she still missed rock and roll and attending shows. Out of that frustration came the idea for Songkick, a site that scans your music library and informs you when your favorite bands and singers are playing in your area.

Deputy cyber coordinator leaving the White House

Sameer Bhalotra is leaving as the White House's deputy cybersecurity coordinator.

Government and industry sources confirm Bhalotra is moving back to Northern California after his wife got a new job. His last day will be in the next few weeks. Bhalotra came to the White House in June 2010 after serving as a staff member on the Senate Select Committee on Intelligence. During his time at the White House, Bhalotra played a key role in helping the administration develop cyber initiatives, including the National Strategy for Trusted Identities in Cyberspace, the legislative proposal sent to Capitol Hill in May and the National Initiative for Cybersecurity Education. Bhalotra worked on the Senate committee since 2007, and spent time before that with the CIA in the science and technology directorate and developed new cross-community technology programs as a founding member of the science and technology staff within the Office of the Director of National Intelligence.

Why Google's new search might be illegal

There's nothing illegal about being so big that you dominate a market. But when Google unveiled a new feature last week called Search Plus Your World, some antitrust experts believe Google stepped over the line.

Google's new feature risks abusing the company's dominant position in the search market to stifle competition from its rivals. That could be against the law. "Google runs a very high risk of being found in violation of antitrust and competition laws," said Ted Henneberry, a partner at Orrick, Herrington & Sutcliffe's antitrust group. "The issue raised by Google's new announcement is how it potentially increases its dominance and furthers its discriminatory treatment of rivals." Search Plus Your World tailors search results to each individual user by tapping into Google's social network, Google+. Search results now include Google+ posts and profiles. Noticeably absent from the feature are the much larger social networks of Facebook and Twitter, or any other social service. Google insists that its users benefit from Search Plus Your World, and that the company has no legal duty to boost its rivals' services. "The laws are designed to help consumers benefit from innovation, not to help competitors," said Adam Kovacevich, a spokesman for Google.

Why most online communities are failures

As anyone who has started their own blog certainly knows, it takes all of an hour (if that) to create your very own space to share your most brilliant ponderings for the entire world to see. But when it comes to building a space online that people want to visit regularly and contribute to, well, most of us never get there, and for good reason. It's really hard. Plenty of smart companies and organizations have put together their own online communities. Some are pulling this off brilliantly; others, not so much.

Why should companies care about these online communities? For one, they can increase the value derived from, and the lifespan of, a company's customer relationships. But more broadly, online communities can become valuable tools to understand how customers use a company's products or services and what kinds of improvements or changes might make sense. Companies pay a lot for focus groups and yet virtual communities represent a kind of 24-7 focus group.

National Public Rodeo

When most people hear “NPR,” they think Cokie Roberts, Nina Totenberg, Robert Siegel, and for some on the far right, all that is wrong with the mainstream liberal media. But beneath the veneer of the "Minnesota nice," a simmering battle has been waged, and in the balance hangs National Public Radio’s future and perhaps even its soul -- as either a nonpartisan defender of in-depth journalism or a target of the partisan sniping of the sound-bite era. A look at how NPR’s management managed to squander the advantages of the national dole, deep-pocketed donors, a roster of top-notch reporters, and the loyalty of legions of devoted Click and Clack fans—and whether it can recover from the annus horribilis of 2011.

More US Consumers Choosing Smartphones as Apple Closes the Gap on Android

The high-profile launch of Apple’s iPhone 4S in the Fall had an enormous impact on the proportion of smartphone owners who chose an Apple iPhone.

Among recent acquirers, meaning those who said they got a new device within the past three months, 44.5 percent of those surveyed in December said they chose an iPhone, compared to just 25.1 percent in October. Furthermore, 57 percent of new iPhone owners surveyed in December said they got an iPhone 4S. Android continues to hold the lead among all smartphone users, with 46.3 percent of all smartphone owners surveyed in Q42011 reporting they have an Android-based mobile phone. As of Q42011, 46 percent of US mobile consumers had smartphones, and that figure is growing quickly. In fact, 60 percent of those who said they got a new device within the last three months chose a smartphone over a feature phone.

Google Fiber work in KCK is delayed by dispute over how its wires are hung

When Google announced last spring that Kansas City (KS) had landed the tech company’s much-pursued super-speed Internet project, the company gushed about the local utility poles. They were flush with space nicely suited for hanging Google’s cables. What’s more, the city and county governments are one, and that same Unified Government of Wyandotte County owns the Kansas City Board of Public Utilities and its utility poles. That figured to make negotiations over installing Google’s fiber easier. Now it turns out that differences over where and how to hang wires on those poles, and what fees or installation costs may be required, have created a troublesome bump in plans to launch the project at “Google speed.” The issue was dealt with in just 60 words in Google’s original agreement, but nine-plus months later engineers and lawyers are still trying to settle on common ground.