Another way of putting this is that APIs aren't a "computer program" under the definition in 17 U.S.C §101 -- and since APIs aren't a computer program, they don't qualify for copyright protection **at all**, even before you get to §102(b). You can use APIs when you write a computer program (the implementing code), and APIs have to be expressed in a form that the compiler/interpreter will understand them (the declaring code), but that doesn't make APIs eligible for copyright protection under either §102(a) or §102(b). This is true for the menu commands in Lotus v. Borland, and for the java APIs in Oracle v. Google.
Many thanks to Mike Masnick for telling me about standing computer desks. I got one three months ago, and my back problems have largely disappeared. The one I got is somewhat more expensive than the two shown in this post, and I'm very happy with it. http://www.beyondtheofficedoor.com/vertdesk.php I added one thing to this standing desk that's a lot cheaper and simpler than the "ChairBot" -- a footrest where I can raise and lower my legs from time to time. Office supply stores such as Staples have a big selection. http://www.staples.com/Footrests/cat_CL161892
Only problem, of course, is that Texas has executed 500 inmates. “As of today, Texas leads all states with its 500 total executions, 393 of whom were guilty individuals, and 98 executions of prisoners who they’re fairly certain were guilty.” Cole noted, however, that Texas was tied with Florida for the most executions that, in retrospect, they weren’t all that sure about, with nine apiece.
But . . . but . . . if musicians are independent, they might make money without the large record companies acting as middlemen and taking their (big) chunk. Surely the RIAA must get the copyright laws amended to prevent this?
As someone who helped Eric prepare his request for publication, I have the following comments. The California Courts of Appeal are the mid-level courts in California, between the trial court and the Supreme Court. While the Supreme Court publishes all of its opinions, the Courts of Appeal don't. The Courts of Appeal hear lots of appeals that don't present new issues of law and that are routine, so many if not most of their decisions are unpublished. (Except for death penalty cases, there is no right to appeal to the Supreme Court so it only takes important issues, and it publishes everything.)
However, Redmond v. Gawker wasn't a routine appeal, and it did discuss new issues of law. So the opinion should have been published, and I suggested to Eric that he request publication. Why was the request unsuccessful then? I think the Justices believed that Gawker should win, so they said so, but they didn't want to stick their neck out with a published opinion that would establish precedent. Sometimes those cases happen, and we unfortunately get decisions that are worthy of being published, but aren't.
In order to record and upload a video to YouTube containing someone else's music, you need a synch (synchronization) license. This is even true if you are performing the music yourself (such as the Church example in these comments) and not using the author's own recording.
Problem is: you can't get a synch license! When I started learning the guitar and posted my own recording of "Brown Eyed Girl" on YouTube, I got an email from Van Morrison's publishing company. The company said that I needed a synch license to post the video -- but they wouldn't give me one. They did kindly agree to let my video stay up if I gave Morrison's publishing company credit in the video's comments, which I did. But without a synch license, the publisher has the right to send a takedown notice (absent fair use arguments).
SOPA makes it a felony to upload a video of someone singing a copyrighted song with up to 5 years in prison. Dr. Conrad Murray was convicted of manslaughter for killing Michael Jackson and only got a 4 year maximum sentence.
So it's a bigger crime to sing one of Michael Jackson's songs than it is to kill him.
An official EFF response to Don Henley is expected soon. In the meantime, Brad Templeton, an EFF director, published an unofficial response here: http://ideas.4brad.com/take-it-easy-don-henley
Here's the best part:
Take it Easy, Don. There’s a New Kid in Town, and it’s called the Internet. Get Over It. I Can’t Tell you Why, but in The Long Run, there isn’t going to be a Heartache Tonight. One of these Nights I hope you’ll you understand that for search engines to Take it To the Limit, they can’t be forced to police every search result.
Internet companies only grow when living Life in the Fast Lane, able to operate, innovate and design products without needing to check for permission from the music industry. If every time you wrote a song you had to worry about what every user who plays it and every store that sells it might do with it, you would lose your Peaceful, Easy Feeling quickly. Big companies might run filters, but if the small ones had needed to they would be Already Gone.
An important item to add to Downes' list is to fix the lack of notice and hearing in the existing draft of the Senate bill. See item 1 of the law professors' letter, available at http://blogs.law.stanford.edu/newsfeed/files/2011/07/PROTECT-IP-letter-final.pdf
This might be one of the easiest fixes to the bill -- just require a notice and hearing, such as a hearing similar to a civil preliminary injunction hearing.
On the post: Yes, The Appeals Court Got Basically Everything Wrong In Deciding API's Are Covered By Copyright
APIs aren't a "computer program"
On the post: DailyDirt: Introduction To Semiconductors
You forgot Britney Spears
Semiconductor Physics".
http://britneyspears.ac/lasers.htm
On the post: Don't Miss The Powerful Trailer For The Aaron Swartz Documentary: The Internet's Own Boy
Re: Re: Video Down On Techdirt
On the post: Awesome Stuff: Stand While You Work
I can vouch for a standing computer desk
http://www.beyondtheofficedoor.com/vertdesk.php
I added one thing to this standing desk that's a lot cheaper and simpler than the "ChairBot" -- a footrest where I can raise and lower my legs from time to time. Office supply stores such as Staples have a big selection.
http://www.staples.com/Footrests/cat_CL161892
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
NSA and cookbooks
https://en.wikipedia.org/wiki/To_Serve_Man_%28The_Twilight_Zone%29
On the post: DOJ/FBI Admit They May Have Abused Hair Analysis To Convict Hundreds To Thousands Of Innocent People
The Onion already explained this
http://www.theonion.com/articles/texas-executes-393rd-guilty-prisoner,32985/
Only problem, of course, is that Texas has executed 500 inmates. “As of today, Texas leads all states with its 500 total executions, 393 of whom were guilty individuals, and 98 executions of prisoners who they’re fairly certain were guilty.” Cole noted, however, that Texas was tied with Florida for the most executions that, in retrospect, they weren’t all that sure about, with nine apiece.
On the post: Massive Growth In Independent Musicians & Singers Over The Past Decade
But what about the poor record companies?
On the post: EFF Goes To Bat For Reddit's Gay Gamers; Files Petition To Cancel Bogus 'Gaymer' Trademark
Re: "Inconceivable"
On the post: Russia Demands Internet Takeover By The UN... And Then Retracts It
They were for it before they were against it!
On the post: Gawker's Anti-SLAPP Victory Could Be Good For The Web - But Judge Refuses To Publish The Ruling
Sadly, this stuff happens
However, Redmond v. Gawker wasn't a routine appeal, and it did discuss new issues of law. So the opinion should have been published, and I suggested to Eric that he request publication. Why was the request unsuccessful then? I think the Justices believed that Gawker should win, so they said so, but they didn't want to stick their neck out with a published opinion that would establish precedent. Sometimes those cases happen, and we unfortunately get decisions that are worthy of being published, but aren't.
On the post: Apparently I'm A Google Shill And I Didn't Even Know It
Eric Goldman suggests we have a "pretty cool party"!
Eric Goldman suggests we have a "pretty cool party":
http://blog.ericgoldman.org/archives/2012/08/google_actually.htm
What do you think? A "Google shill" party?
--Michael Barclay
On the post: Sherry Turkle Says Technology Is Making Us Lonelier Because We Spend Less Time Alone, Or Something
+1 on this!
On the post: Revolving Door Between The MPAA And The Federal Government
They forgot Don Verrilli
On the post: Senator Ron Wyden's Favorite Techdirt Posts Of The Week
Thank you Senator Wyden!
On the post: The Insanity Of Copyright Law: When Even Professionals Have No Idea They're Breaking The Law
You need a synch license -- but you can't get one
Problem is: you can't get a synch license! When I started learning the guitar and posted my own recording of "Brown Eyed Girl" on YouTube, I got an email from Van Morrison's publishing company. The company said that I needed a synch license to post the video -- but they wouldn't give me one. They did kindly agree to let my video stay up if I gave Morrison's publishing company credit in the video's comments, which I did. But without a synch license, the publisher has the right to send a takedown notice (absent fair use arguments).
On the post: Candidates Starting To Turn SOPA Into A Campaign Issue: Karen Kwiatkowski Goes After Bob Goodlatte
I was about to send Kwiatkowski some money until I looked at some other issues
http://karenkforcongress.com/issues/immigration
and abortion:
http://karenkforcongress.com/issues/abortion
and the 16th Amendment!
http://karenkforcongress.com/node/40
After seeing all that, I'd rather donate to Darrell Issa.
On the post: Colbert Takes On SOPA
Relative penalties
So it's a bigger crime to sing one of Michael Jackson's songs than it is to kill him.
On the post: Don Henley Hatred Of YouTube Clouding His Vision On PROTECT IP
Unofficial EFF response to Don Henley
http://ideas.4brad.com/take-it-easy-don-henley
Here's the best part:
Take it Easy, Don. There’s a New Kid in Town, and it’s called the Internet. Get Over It. I Can’t Tell you Why, but in The Long Run, there isn’t going to be a Heartache Tonight. One of these Nights I hope you’ll you understand that for search engines to Take it To the Limit, they can’t be forced to police every search result.
Internet companies only grow when living Life in the Fast Lane, able to operate, innovate and design products without needing to check for permission from the music industry. If every time you wrote a song you had to worry about what every user who plays it and every store that sells it might do with it, you would lose your Peaceful, Easy Feeling quickly. Big companies might run filters, but if the small ones had needed to they would be Already Gone.
The Best of My Love,
Brad Templeton, EFF
On the post: Can PROTECT IP Be Fixed?
One more for Downes' list
http://blogs.law.stanford.edu/newsfeed/files/2011/07/PROTECT-IP-letter-final.pdf
This might be one of the easiest fixes to the bill -- just require a notice and hearing, such as a hearing similar to a civil preliminary injunction hearing.
On the post: Winklevii Lose Again: Only Choice Now Is Supreme Court Appeal... Or Accept 'Just' $160 Million
Yes they will
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