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quick thought... May 1st, 2007 - 4:23PM

Google vs. Viacom: Nothing at stake here. Well, except for the business model of every user-generated video community site moving forward. It’s about time someone stood up to and challenged the manner that DMCA notices are served to “protect” copyright. My personal take is that if you create the content, then you should have to make the case of copyright infringement for each instance the content is used. Otherwise, what the hell is the use of the fair use doctrine in the information age? Middle ground needs to be found.

November 21st, 2006

The Song That Keeps On Giving

Johnny Marr & David Cross covering Ethan Chandler’s Bank of America “One” cover.

In more corporate stupidity news, Universal Music Publishing Group has issued a cease and desist letter to a blog showing the original BofA “One” video.

Be sure to download your copy of the video before YouTube kills caves to another lawyer.

quick thought... November 16th, 2006 - 5:01PM

quick thought... June 21st, 2006 - 12:15PM

Marshall Kirkpatrick: …”Microsoft tonight announced a new partnership with Creative Commons, the organization dedicated to providing content producers a legal alternative to “all rights reservedâ€? copyright law, to offer a new tool for easy insertion of Creative Commons licenses into works created with Microsoft Office.”…

quick thought... May 18th, 2006 - 11:59PM

Lawrence Lessig: While the best rule would be that copyrights of existing works would never be extended, a second-best rule would be that, at a minimum, any extension should be limited to those copyright holders who take steps to claim that extension. And so has Mr. Don Foster now proposed.

quick thought... May 12th, 2006 - 2:23PM

Ethan Zuckerman: …”And this means we make really stupid decisions. Should we extend copyright into the indefinite future? Sure, let’s do it! “Would you like another heaping slice of monopoly rent, sir?â€? Don’t mind if I do! We have an inability to understand the costs imposed by locking things up, right at the moment we could have digitized them and made them available as a public good.”…

February 20th, 2006

NBC: We Get Web 2.0… Sike!

Remember the SNL clip, “Lazy Sunday,” where two dudes from the Long Island comedy troop Lonely Island hit the streets and blew up a hip-hop trip to go see The Chronic of Narnia?

Lonely Island: Chronic of Narnia

I posted about it two months ago with a link to the youtube.com hosted clip, and actually thanked NBC and SNL for finding local talent and participating in the share and share alike culture of Web 2.0. Apparently, NBC really doesn’t get it:

The New York Times
A Video Clip Goes Viral, and a TV Network Wants to Control It

When a video clip goes “viral,” spreading across the Web at lightning speed, it can help rocket its creators to stardom. Alas, the clip can also generate work for corporate lawyers.

As anyone with an Internet connection and a love of cupcakes can tell you, “Lazy Sunday” is a tongue-in-cheek rap video starring Chris Parnell and Andy Samberg of “Saturday Night Live.” NBC first broadcast the video, a two-and-a-half-minute paean to New York’s Magnolia Bakery, Google Maps and C. S. Lewis, on Dec. 17.

Fans immediately began putting copies of the video online. On one free video-sharing site, YouTube (www.youtube.com), it was watched a total of five million times . NBC soon made the video available as a free download from the Apple iTunes Music Store.

Julie Supan, senior director of marketing for YouTube, said she contacted NBC Universal about working out a deal to feature NBC clips, including “Lazy Sunday,” on the site. NBC Universal responded early this month with a notice asking YouTube to remove about 500 clips of NBC material from its site or face legal action under the Digital Millennium Copyright Act. YouTube complied last week. “Lazy Sunday” is still available for free viewing on NBC’s Web site, and costs $1.99 on iTunes.

Julie Summersgill, a spokeswoman for NBC Universal, said the company meant no ill will toward fan sites but wanted to protect its copyrights. “We’re taking a long and careful look at how to protect our content,” she said.

YouTube and others in the new wave of video-sharing sites have so far managed to avoid major legal problems even though they often carry copyrighted material without permission.

“This is an example of the copyright troubles that are waiting for YouTube, Google Video and all the other video hosting services that rely on user-posted content,” said Fred von Lohmann, a lawyer at the Electronic Frontier Foundation, a digital rights group.

Several online commentators noted that NBC’s response to YouTube, while legally justified, may have been short-sighted. The online popularity of “Lazy Sunday” has been credited with reviving interest in “Saturday Night Live” at a time when it is in need of some buzz.

Ms. Supan said VH1 and other television and movie producers were increasingly putting their own clips, trailers and music videos on YouTube in hopes of jump-starting their own viral phenomena.

“We got e-mails from college students, and a lot of them said it’s the ‘Lazy Sunday’ clip that turned them on to potentially watching ‘S.N.L.’ again,” she said.

Exactly. I hadn’t watched SNL in years and that skit actually brought my eyeballs back to NBC. How much profit is enough? Don’t they realize that the viewers who watched the skit the night it aired represented the cut-off point of ROI before the blogosphere, Kazaa, etc. started passing it around? For the last two months, they’ve received extra eyeballs because of the video-sharing, which has put money in their pockets directly or indirectly. This is the thanks we get?

Dumb… like a stump. Instead of busting out the lawyers, why not take these lemons and make some lemonade. Here’s an idea for all of you suits in NBC, CBS, ABC, etc. land:

  • Work out a deal with YouTube, Google and whomever else so that you receive a fair cut of the ad revenue from any page with your copyrighted content being displayed
  • In turn, YouTube, Google, etc. can evolve their upload interfaces to include a “channel” option
  • If I upload something taken from, say, NBC, I simply choose “NBC” in a pulldown menu and upload the video
  • Once verified as an NBC property — post-upload — the *additional revenue* of click-through ads goes straight into NBC’s pocket

Multiply this scenario by the potential number of unbundled clips, contributing users and video services over a continuum of expanding users and I think you just might be able to afford that ski trip to Aspen this year.

Asshats.

UPDATE: A Boing Boing reader tells the following story:

YouTube user “aretired” posted a clip from Thursday’s CBS Evening News showcasing Jason McElwain, the autistic highschool basketball player who scored 6-3 pointers in the final four minutes of the game. The video clip shot up to #15 in alltime viewings on YouTube with 1.5 million hits in just three days — then, it was suddenly and inexplicably pulled.

User “aretired” reposted the clip and was again pulled within a day, still no explanations.

CBS sent DMCA complaints for not just that McElwain clip, but all 11 of the user’s other CBS-related clips that had up till now gone fairly unnoticed, by anyone. And, despite their huffing and puffing and pulling over a 2-minute feel-good piece of the year, you can still catch your fill of Oprah, Letterman, Degeneres, Dr. Phil and other CBS content at YouTube.

Do they want us to hate them?

The presentation is close to 30 minutes long, but if you have any interest in the future of our society through the lens of culture, knowledge, creativity, politics, hell, if you have any interest in being an informed and participating citizen with this world, grab some chips and a brew, get comfortable and digest this presentation.

IP-extremism… so true.

(via Lessig Blog)



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