Korea Gets Its Own Dancing Baby Copyright Fight; Says Free Expression Trumps Copyright Concern

from the go-free-expression dept

If you follow copyright issues online, by now you've undoubtedly heard of the famous Lenz case, involving Universal Music issuing a takedown to YouTube on a 29-second home video a mother took of her toddler son dancing to a Prince song. While Universal didn't protest the counternotice, the EFF sued, pointing out that it should have taken fair use into account.

Wonil Chung, an intellectual property lawyer in South Korea alerted us to a blog post he wrote about a case that is almost identical to the Lenz case in the US. It involved a father filming his toddler daughter dancing and singing to a Korean pop star. Again, a takedown notice was issued, and the guy sued in response. Of course, it's worth noting that South Korean copyright law can be much stricter than US copyright law (in part due to lobbying pressure from -- you guessed it -- US entertainment industry lobbyists as part of a "free trade agreement" the US signed with South Korea). It's also worth noting that South Korea's concept of fair use is extremely narrow.

However, thankfully, the court sided with the father, pointing out that the video itself was not a substitute for the song, it had a non-commercial purpose, and only 15-seconds of the song were used. Perhaps most importantly, it noted:

"If this kind of UCC [User Created Content] is barred from uploading online, it results in a unnecessarily excessive restraint on the free expression."

Even beyond that, unlike the court in the Lenz case, the Korean court ordered the copyright holder to pay the father for "mental damages suffered from the takedown." This is nice to see, and Chung's summary of the ruling pretty much wraps it up:

Another interesting part of this ruling is that the court clearly found that the free expression under the constitution of South Korea must be considered fully and fairly in determining whether there exists a copyright infringement or not. Although the Korean Copyright Act has a fair-use-like clause, the clause is stated relatively narrowly so there has been a certain criticism that Korean court is not active in holding up a fair use defense. But this ruling held that the constitutional right of free expression has the equal value as a copyright stated in the Copyright Act which is a subordinate law to the constitution. That's why I welcome this ruling and expect to see the balance between the free expression and copyright with more fair use defences accepted in the Korean court in the future.

His full post has more details and quotes from the ruling.

Filed Under: copyright, dancing baby, fair use, korea

Did Korean Officials Really Need To Raid Google Offices Over Street View WiFi Sniffing?

from the seems-a-bit-extreme dept

It's been a few months since Google admitted that its Street View vehicles were collecting some data from open WiFi networks. Those familiar with the basic technology involved have explained why this was almost certainly an accident, and there's no evidence whatsoever that anything was even done with the data. However, there have been a whole bunch of lawsuits filed, and it's difficult to find a government that hasn't said they'd investigate the issue.

To date, it seems that Google has bent over backwards to work with every government investigating this issue, no matter how varied their requests were on the matter. So far, the UK's investigation has found that the WiFi sniffing didn't appear to collect any sensitive data, though others are still investigating. More recently, Google agreed to allow Germans to opt-out of Street View.

Given Google's clear willingness to help out, it seems a bit odd that South Korean officials -- many months after the news of this came out -- suddenly decided to raid Google's Korean offices over this matter:

A police statement said they suspected Google has been collecting and storing data on "unspecified internet users from wi-fi networks"

Brilliant police work there, guys. It only took you three months to "suspect" what Google admitted in May.

Filed Under: korea, raids, street view, wifi
Companies: google

French Porn Execs: Ignore Piracy, Focus On Quality; Japanese Porn Execs: Sue Everyone

from the a-bit-of-a-split dept

It seems that the porn world has had a "love/hate" affair with file sharing. Over the years, we've seen stories of porn film makers embracing piracy to their advantage, and others complaining about it. It's really not all that different than the rest of the entertainment industry. So, it should come as no surprise that different porn execs are responding quite differently in two recent stories. First, comes the news that Japanese porn film producers are looking to sue 65,000 people in South Korea for uploading. That's about double the number of people that the RIAA sued in the US for uploading. Wow.

Meanwhile, reader PrometheeFeu alerts us to quite a different story in France, where industry execs are taking a much more reasonable view on things (article in French, translation provided by PrometheeFeu). The execs admit that it doesn't make sense to try to keep things from users:

"Today all of our new productions simultaneously come out in DVD, download and streaming on our website and on our partner's VOD platforms. Back then, we looked at the music market as an example of what not to do and how to react"

And they know piracy happens, but they figure that it's just a part of the market, and you can't blame people (or sue people) for file sharing:

"If you leave unattended a bag of candy and some children, they will not understand why you punish them for eating the candy. Illegal files are 3 clicks away for just about anyone. It's normal that consumers will take advantage of those."

But, they're figuring out ways to compete, by focusing on high quality, high-end material:

"Of course, the large majority of free and illegal content is low-end. [...] The public rejects this mass of identical video. Whatever small amount of high end content obviously stands out."

The producers in Japan might want to visit France for a lesson on how this works.

Filed Under: france, japan, korea, piracy, porn

Blizzard To Korean Video Game Sports Assocation: How Dare You Promote StarCraft Without Paying Us!

from the entitlement-culture dept

Once again, we get a story of entitlement culture, where a company gets pissed off that someone is promoting their products, without getting a direct cut (not realizing, of course, that they get payoffs in other ways). This one comes to us via Rob, who sends in the story about an ongoing battle in Korea over the broadcasting of professional StarCraft matches. StarCraft has been amazingly popular for quite a long time, and there are professional players in Korea. It's such a big deal that a ruling body called KeSPA was put together, and organized the broadcast of professional StarCraft games on two separate networks. This has, undoubtedly, driven massive sales of StarCraft for many years in Korea. However, with StarCraft II, Blizzard is upset that it doesn't get a cut of the TV revenue and is trying to route around KeSPA. Apparently, as the fight has escalated, KeSPA has asked the gov't for help, and apparently regulators are threatening to rule that StarCraft II is an "Adult" game, which would make it difficult to broadcast on TV in valuable time-slots. You shouldn't bite the hand that promotes you...

Filed Under: korea, promotion, starcraft, tv
Companies: blizzard

Google Doesn't Want To Disclose Korean YouTube Uploaders; Turns Feature Off Instead

from the letter,-not-the-spirit dept

Some new internet regulations recently went into effect in South Korea, forcing sites with more than 100,000 users per day to confirm users' personal information before they upload content or leave comments, so they can ensure people post content under their real names. The cutoff was lowered from sites with 300,000 daily users, and the new, lower bar caught YouTube Korea. But instead of complying with the system, Google has instead disabled uploading and comments on its Korean site (via PaidContent). Google's stance on censorship of its search results in China garnered it a lot of bad press; the fact that YouTube Korea lags behind other local video sites in popularity probably made this latest decision a bit easier. Apparently, though, people can easily get around the ban by using versions of YouTube aimed at other countries -- highlighting the frivolity of these sorts of laws given the global nature of the internet. Unless countries want to go as far as setting up Great Firewalls of their own, users will easily circumvent the rules, should they so desire.

Filed Under: korea, privacy, uploaders, users, verification, video
Companies: google

Warner Bros. Make Up Your Mind: Are You Competing With Piracy Or Not?

from the mixed-messages dept

It really was just last week that we were somewhat impressed that movie studio Warner Bros. recognized that it needed to compete with piracy in China, and was doing so by offering super cheap movie downloads there. However, apparently that strategy isn't universal across Warner Bros., because, as a few readers have alerted us, the studio is acting in quite a different way in neighboring Korea. Rather than compete, Warner Bros., is apparently throwing in the towel and pulling out of Korea entirely.

To be honest, I'm quite confused as to how the same company could make both of those decisions in the course of a single week. Perhaps the situations are really different between China and Korea (though, I doubt it), but it's difficult to see why it would make sense to try to compete against widespread piracy in one country, and then insist it was impossible to do the same thing in another country.

Filed Under: china, dvds, korea, movies, piracy
Companies: warner bros.

Once Again: People Just Aren't That Interested In Mobile TV

from the no,-really,-we-swear dept

For years and years we've wondered why various companies were spending billions on building mobile TV systems that simply mimic traditional broadcast TV to mobile phones. In an age of time shifting and place shifting there's little reason for a mobile broadcast TV system that's separate from your other ways of accessing television. People don't want to have to buy into a whole different (expensive) mobile subscription service when they already have a cable subscription at home which they can save via their TiVo. And, if they really want to access it on the go, they can just pick up a Slingbox and not have to pay for an entirely separate subscription. But that hasn't stopped billions from being poured into various mobile TV systems, even though pretty much every test shows very little interest in paying for mobile TV.

Of course, sometimes when we talk about this, people tell us that the experiences in Asia -- specifically Korea and Japan -- show that there really is a market for fee-based mobile broadcast TV. Turns out that's not true. A new study in Korea points out that the highly touted mobile broadcast system there gets very, very little usage. In the meantime, Toshiba is backing off plans to offer a fee-based mobile TV subscription service in Japan. So much for those "success" stories.

What's really stunning about this is that it wasn't hard to predict that this would happen years ago, before billions were wasted on such systems. None of this means that video alone isn't an interesting space in the mobile market, but it has to be allowing users to access what video they want -- not taking us back in time to an old live broadcast system, and adding yet another subscription fee for the privilege.

Filed Under: japan, korea, mobile tv

Korea Using Copyright Law To Crack Down On Protests It Doesn't Like?

from the misuse-of-copyright-law dept

Copyright law, by its nature, is an abuse of free speech. Many, of course, consider it to be a reasonable restriction on free speech -- but any time you open that door, you open up the possibility that copyright will be abused in a way to prevent other types of free speech. For example, Techdirt reader cram writes in to point out that Korean officials have arrested the CEO of a video streaming website, charging him with copyright infringement, noting that the site encouraged people to upload copyrighted works by giving uploaders a share of money earned. However, many are suggesting that copyright infringement charges have little to do with the real reason behind the arrest -- as the guy arrested also runs another site that has helped publicize videos protesting Korean policies on importing US beef. Well, no matter what they think of imports on US beef, now they know what happens when they import US-mandated copyright law.

Filed Under: copyright, free speech, korea, protests

The Real Cost Of Copyright Extension In Korea: $170 Million

from the ouch dept

Earlier this year, we pointed out how ridiculous it was that the US was forcing South Korea to extend the length of copyright in the name of free trade agreements. After all, copyright is the opposite of free trade -- it's about monopoly protectionism, and that's very costly. Now we actually have an idea of just how costly. William Patry writes about the history of copyright extension, highlighting how it's really just a game of leapfrog, where Big Copyright holders use the differences in copyright law to continually extend it out further and further -- completely going against the purpose of copyright law. However, the real key to Patry's writeup is to point to a report from South Korea talking about just how much damage copyright extension is doing to local publishers. That's quite a statement, since copyright extension supporters always talk about how it's designed to help publishers. Not so. Publishers are complaining that the new rules will limit how many books they can publish, and the government is being forced to hand over approximately $170 million to keep the publishers happy. So, for all the talk of how copyright extension is necessary to protect the publishing industry, in South Korea, it seems to be costing taxpayers at least $170 million -- while making sure that fewer books are published. How is that possibly aligned with the stated purpose of copyright to encourage more content creation?

Filed Under: copyright, copyright extension, free trade, korea

WiBro's 'Success' Not Boding Well For WiMax

from the ouch dept

Many people confuse the future with the present. For years, I've heard variations of the following phrase at numerous conferences and multiple articles: "Well WiMAX is here so it has a huge time to market advantage over -blank-." The author or speaker usually then moves on to cite how WiBRO is entrenched in Korea, and Sprint will have Chicago and DC hooked up by end 2007, so WiMAX is here. Citing future dates, and using the present tense is a grade-school error, and the future has ways of making fools of soothsayers. The end of the year is fast approaching, and the news out of Sprint is about a failed partnership, not a pilot launch. Meanwhile, back in Korea, WiBRO is still faltering. WiBRO was a proprietary deviation of mobile WiMAX that the Korean government promoted because they didn't want to wait for WiMAX, and they wanted to drive the standard by getting out of the gate early. But back in September 2006 after 3 months of service, the 2 WiBRO networks in Korea had attracted 479 and 15 subscribers. By February 2007 KT was up to 906 users while SK Telecom (a former employer of mine) was at 151. We joked that that represented a staggering 1,000% growth since September!

In the latest news out of Korea, Telecoms Korea reports that 17 months after launch, SKT's WiBRO has fewer than 1,000 subscribers. What an abysmal record. Of course, it's reminiscent of the early days of FOMA or of Hutch 3 UK. It's tough to shoulder the growing pains of a new technology that was launched before its time. Arrows in the back are the common reward. The government is pressuring the carrier to continue deployment of the network to meet regulatory minima. SKT will respond by increasing the number of "Hotzones" from 56 in 23 cities to 100 in 42 cities, and will eventually upgrade to Wave 2 which should double speed and capacity. Of course, as is typical of WiMAX rhetoric, it'll be hard to get clarity on whether they mean "double speed AND double capacity at the same time" or whether it really means "double speed and thereby double capacity". WiMAX now may be entering the "trough of disillusionment," but that doesn't mean it's dead in the water. If they can get the darned thing to work well, the global reference cases of WiBRO and Sprint's Xohm will shine like a beacon. If they don't get it to work in 2008, it'll be more like bacon...fried.

Filed Under: korea, wibro, wimax