Last Week in Tech Policy #47: W3C and EME—Is DRM Being Inserted in Your Web Browser?

(By Lucas Ewing, Colorado Law 2L)

The World Wide Web Consortium (W3C) is an international organization whose goal is to set standards for the World Wide Web. Due to W3C’s highly technical subject matter, internal discussions rarely broach the public discourse, but recently, open internet advocates and some W3C members have expressed concern over plans to endorse Encrypted Media Extensions (EMEs).

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TLPC Facilitates Makerspace Webinar for Librarians

On February 28th, student attorneys Andi Wilt and Sean Doran and TLPC Director Blake Reid delivered a webinar on best practices for public library makerspaces hosted by the Colorado State Library Association.

The webinar focused on addressing problems and concerns that arise when a public space like a library provides access to 3D printing technology. 3D printers present challenges to libraries stemming from objects that may infringe intellectual property rights or raise other concerns under library policies.

The best way for libraries and other public makerspaces to mitigate against these risks may be to set up a positive agenda, training, and programming for the use of the space. For example, libraries should provide education and training of design technologies that work with 3D printers. Programs like Tinkercad are now free and easy to use, and many of them offer free training programs. Webinar attendees contributed a variety of helpful best practices that have worked in libraries across the country.

The webinar was recorded and archived by the CSLA and can be viewed anytime along with links to various resources and best practice ideas.

Last Week in Tech Policy #44: Streaming Killed the Video Star

(by Andrew Manley, Colorado Law 2L)

Recently, more and more Americans are intent on “cutting the cord”—dropping traditional cable and satellite TV services for internet-based streaming services. The growing availability of internet streaming services that provide linear streams of content is making cutting the cord more accessible and more affordable. Services like Sony’s Playstation Vue and Dish Network’s Sling TV offer subscribers streaming video service over the internet that resembles cable service in many ways, and even provide local content streams in certain markets. AT&T and DirecTV have a similar service in the works. However, these services do not fit neatly into the FCC’s regulatory regime for Multichannel Video Programming Distributors (MVPDs). Three specific cases have exposed the gaps in regulatory coverage for internet protocol based linear video services: Sky Angel, ivi, and Aereo.

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Last Week in Tech Policy #43: The Educational Materials Copyright Debate

(By Lindsay Bombalski, PhD, Colorado Law 2L)

For those not involved in the publication of scientific papers, it may come as a surprise that once a new scientific finding is published in a scientific journal it often becomes the intellectual property of that journal. Access to the article describing the finding is usually available in three ways:

  1. By purchasing an individual or institutional license through the journal;
  2. Purchasing individual articles after reading the abstract through various search engines; or
  3. Finding the article in a version of the publication that is open-access.

Individual licenses often run around $500/annually for access to up to 250 articles in up to 25 journals with the purchase of a scientific membership—for example, though the American Chemical Society. Institutional agreements can run as high as $25,000 per journal. Alternatively, individual articles can be purchased for $32-$60.

For a student researcher at a university that does not receive funding for journal subscriptions, this means a paper with a reference list of 30 citations from the same journal could require on the order of $600 in subscriptions or $960 in individual payments in order to pass a peer-reviewer in the examination prior to publication. For real articles, the cost can be even higher because many more articles need to be accessed to develop the science in a new article. These figures make clear that the cost of scientific literature research—on top of the cost of materials, chemicals, equipment, and measurements devices makes scientific research—can be out of reach.

A new web site called Sci-Hub was created to lower the cost of educational scientific materials. Sci-Hub, in turn, has raised significant debate about open access to scientific materials and related intellectual property issues.

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Last Week in Tech Policy #40: Copyright Reform and the Copyright Office

(by Lindsey Knapton, Colorado Law 2L)

Copyright Week Logo[Editor’s note: This post is our contribution to Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what’s at stake.]

In the weeks leading up to President-elect Trump’s inauguration, little has been said about where he stands on copyright reform. For clues on copyright reform that may materialize in the coming months, some observers have turned to the House Judiciary Committee’s Reform of the U.S. Copyright Office Report, released on December 8, 2016, which outlines potential copyright policy priorities for the 115th Congress:

  1. Restructuring the Copyright Office as an administrative agency;
  2. Creating Copyright Office advisory committees;
  3. Upgrading information technology within the Copyright Office; and
  4. Creating a copyright small claims system.

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TLPC Releases White Paper on Intellectual Property Issues at the FCC

In this white paper, TLPC student attorneys Colter Donahue and J. Parker Ragland outline steps that the FCC can take to avoid having rulemakings and other policymaking initiatives delayed or negatively affected by intellectual property issues. In recent years, the Commission has faced several situations, including in the context of 9-1-1 services, telecommunications relay services, and set-top boxes, where intellectual property issues have arisen and affected proceedings. The white paper urges the Commission to develop adequate expertise in intellectual property law and to proactively anticipate and address IP issues to avoid these situations in the future.

Last Week in Tech Policy Vol. 26: Fair Play, Fair Pay?

(by Molly Hogan, Colorado Law 3L)

Many of our discussions about the different aspects of technology law involve evolving technologies and how antiquated laws can be applied to situations that their drafters could not have fathomed. This week, I wanted to bring it back to discuss a debate surrounding a technology that is over 100 years old: the radio.

Despite the coming and going of records, 8-tracks, cassettes, CDs, and now MP3s and beyond, music fans have long been able to rely on the AM/FM radio to hear new music and old classics. Unbeknownst to most listeners is the fact that those artists whose songs play on the radio are not receiving copyright royalties for the airplay.

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TLPC Testifies at Copyright Office DMCA Section 1201 Hearings

Last week, the TLPC testified at several hearings (PDF) in favor of our proposed exemptions to Section 1201 of the Digital Millennium Copyright Act. We’ve linked below to various pictures and coverage of the hearing. Congratulations to the many TLPC students who took part!

TLPC Files Security Research DMCA Exemption Reply Comments

(by Chelsea E.  Brooks,  Student Attorney, Joseph N. de Raismes, Student Attorney, Andy J. Sayler, Student Technologist)

Today, we filed a Reply Comment in response to public comments on our  Long Comment for Class 25 (Security Research) on behalf of our client Professor Matthew Green.  The proceeding (and objectors’ comments) can be found at the Copyright Office’s DMCA Section 1201 Tri-annual Exemption Notice of Proposed Rulemaking.

As we discussed in our previous blog post on the subject, this project seeks an exemption to Section 1201 of the Digital Millennium Copyright Act’s anti-circumvention provisions for good-faith security research.  Our Reply Comment responds to a variety of issued raised in the second round of the proceeding by public commenters including manufacturers and trade groups in automobile, medical device, software, and related industries. In our Reply Comment, we focus on how objectors comments are textbook examples of the adverse effects of Section 1201 chilling good-faith security research, and push back against the suggestion that an exemption should include a mandatory disclosure standard.

Next up in the proceeding is a hearing on May 26, 2015 In Washington, DC where student technologist Andy Sayler will be a witness along with the clinic director, Blake Reid, and our client, Professor Matthew Green.