From info at vitocampanelli.it  Tue Jul  6 09:30:29 2010
From: info at vitocampanelli.it (Vito Campanelli)
Date: Tue, 06 Jul 2010 09:30:29 +0200
Subject: <videovortex> =?windows-1252?q?Slavoj_=8Ei=9Eek_vs=2E_Google?=
Message-ID: <4C32DB95.2000405@vitocampanelli.it>

Slavoj ?i?ek explaining the real meaning of Google's motto: "Don't Be 
Evil":
http://www.youtube.com/watch?v=_x0eyNkNpL0


From margreet at networkcultures.org  Tue Jul  6 17:34:34 2010
From: margreet at networkcultures.org (Margreet Riphagen)
Date: Tue, 6 Jul 2010 17:34:34 +0200
Subject: <videovortex> youtube and guggenheim
Message-ID: <6AD77AC7-B97A-4921-9FDE-140FD3C3B1F5@networkcultures.org>

http://www.guggenheim.org/new-york/interact/participate/youtube-play



From cecilia at networkcultures.org  Wed Jul  7 12:47:10 2010
From: cecilia at networkcultures.org (Cecilia Guida)
Date: Wed, 7 Jul 2010 10:47:10 -0000 (UTC)
Subject: <videovortex> LIFE IN A DAY
Message-ID: <59556.145.92.114.207.1278499630.squirrel@webmail.sonologic.nl>

Life In A Day is a historic global experiment to create the world's
largest user-generated feature film: a documentary, shot in a single day,
by you. On July 24, you have 24 hours to capture a glimpse of your life on
camera. The most compelling and distinctive footage will be edited into an
experimental documentary film, executive produced by Ridley Scott and
directed by Kevin Macdonald.

For more information, visit
http://www.youtube.com/watch?v=tZFbDY3-eG4&feature=channel


-- 
Cecilia Guida
Video Vortex
Institute of Network Cultures

t: +31 (0)20 595 1866
f: +31 (0)20 595 1840

At INC on Wednesdays and Thursdays

cecilia at networkcultures.org
www.networkcultures.org





From geert at xs4all.nl  Fri Jul  9 05:01:07 2010
From: geert at xs4all.nl (Geert Lovink)
Date: Fri, 9 Jul 2010 05:01:07 +0200
Subject: <videovortex> BBC: YouTube bids for screen dominance
References: <66902d8bfcfe20d213a201771f356f16@xs4all.nl>
Message-ID: <B5768DA3-F54B-4188-829F-D7B34C4129CF@xs4all.nl>

> http://news.bbc.co.uk/2/hi/technology/8799114.stm


YouTube bids for screen dominance

By Maggie Shiels

Technology reporter, BBC News, Silicon Valley


Can YouTube make the jump to rule the roost in the living room?
The world's biggest video site wants to dominate every screen where  
content can be viewed and created.

YouTube is already a leader online and in mobile and has firmly set  
its sights on the living room.

The company charted its course during the launch of a new product  
called Leanback, described by some as web video for couch potatoes.

It also unveiled upgrades for its mobile site which has over 100  
million playbacks a day.

"You can start to break down the mental picture of 'these are the  
videos I watch on my computer, on my tv or on my phone,'" Hunter Walk,  
director of product management told BBC News.

"Now you just say 'these are the videos I watch and I watch them  
wherever I happen to be, or whoever I happen to be with'. We are going  
to have a world where people increasingly expect their content to be  
available to them on anything with a screen, whether that be a  
computer, a phone or a tv. That is the  vision," said Mr Walk.

'Opportunity'

With 24 hours of video uploaded to the site every minute, YouTube is  
already the world's biggest video website.

And with Leanback, YouTube is now vying for the attention of the user  
in the living room.

People watch 2 billion videos a day on YouTube
"This really is where the opportunity is biggest for YouTube right  
now," said Kuan Yong, senior product manager for Leanback.

"We are looking at five hours of tv that users are watching every day  
in the US versus 15 minutes of YouTube video, so there is a huge  
opportunity for us to bring YouTube into the living room and at the  
same time bring some of the tv experience to YouTube."

The technology picks out high-definition clips and automatically  
serves up a constant stream of one video after another. As it learns  
more about the viewers' likes and dislikes, this diet of video becomes  
more personalised.

The aim is to ensure users do not have to think about what they want  
to see next or click on the website every few minutes.

"We want to remove the 'What next?' question for viewers," said Mr Yong.

'Channel of you'

Mr Walk said Leanback marked the emergence of a single channel world.

"This is about the 'Channel of You'. You become the programmer of the  
content you want to see as opposed to someone sitting in the corner of  
a room that doesn't know you. This is about knowing about your  
interests to pull content to you.

Leanback is in beta and expected to launch in the autumn
"And the challenge is all about making it effortless for you to get a  
stream of constant videos that are going to be interesting and  
relevant and targeted at you based on what your interests are and what  
your friends are watching," said Mr Walk.

Leanback is seen as part of the company's effort to grow from a  
website into a "video operating system" that is as ubiquitous and easy  
to use as television.

It is also regarded as a product that will dovetail seamlessly with  
Google's tv ambitions, which aim to change the way consumers watch  
television. Back in May, the search giant announced its plans for an  
internet-focused tv in partnership with Sony, Intel, Dish Network and  
Logitech.

The Sony made sets are due to go on sale in the autumn.

"Whenever you think of video, YouTube wants you to think of them," Ben  
Parr, co-editor of news website Mashable.com told the BBC.

"By making video available from the smallest screen to the biggest no  
matter where you are, they can succeed in that goal. Whether they can  
win in the living room is the billion dollar question. It is just  
unclear if people want to watch YouTube video after YouTube video  
versus professionally made shows on the networks," he said.

Mobile changes

YouTube also upgraded its mobile website to make watching video on the  
move more convenient and quality driven at a time when more and more  
consumers reach the internet over smartphones.

The mobile update comes amid an explosion of smartphone sales
"YouTube consumption on mobile devices has grown considerably," said  
Andrey Doronichev, mobile product manager.

"Playbacks were up 160% in 2009 over the previous year. The world is  
heading mobile and we want to move with it."

The updated site promises faster speeds along with the ability to  
create playlists, designate favourite videos and receive search query  
suggestions.

And with the upgrade, YouTube appeared to be aiming to steer iPhone  
users away from the application that comes preinstalled on the Apple  
smartphone.

In a blog post, the company said "As we make improvements to  
Youtube.com, you'll see them quickly follow on our mobile site, unlike  
native apps which are not updated as frequently."





From info at vitocampanelli.it  Tue Jul 13 10:05:45 2010
From: info at vitocampanelli.it (Vito Campanelli)
Date: Tue, 13 Jul 2010 10:05:45 +0200
Subject: <videovortex> Interferenze New Arts Festival
Message-ID: <4C3C1E59.7000006@vitocampanelli.it>

Dear all,
I'm curating the lectures/talks' section of next Interferenze New Arts 
Festival
:: Bisaccia (AV) - Italy :: 23 - 25 July 2010 ::
The Institute of Network Cultures is among the festival's institutional 
partners.

...Art, new technology, roots and culture of the territory.

This year, in its fifth edition, Interferenze offers an unusual writing 
of the natural environment which, through rural landscapes, outlying 
lands and the "inappropriate places" catches a glimpse of the ultimate 
sense of a complex action of a semantic reclaiming of identity and 
sustainability of territories.
"Rural 2.0" is a new way of looking at rurality starting from the 
territory itself, but overcoming it's mere sense by communicating it as 
a mirror through which it is possible to read our contemporary times 
even in the aspects related to urban cultures; it allow us to see it as 
a way of life that opens up to a metropolitan dimension and to its fast 
changes, giving value not only gives to the impact on the environment 
but as well on society and culture.
In this sense, the rural territory is seen as a (new) medium through 
which we are able to re-draw and re-read the environment through an open 
and unique perception of boarder areas, such as cultural, aesthetic and 
social spaces...

More info at: http://www.interferenze.org

Best,
V.





From es at mur.at  Tue Jul 13 16:41:23 2010
From: es at mur.at (Evelin Stermitz)
Date: Tue, 13 Jul 2010 16:41:23 +0200
Subject: <videovortex> Text/Weave/Line-Video: An Interview with Beryl Korot
Message-ID: <20100713164123.tm3tr9ii8s4ss880@secure.mur.at>


An interview with artist Beryl Korot on her exhibition
Text/Weave/Line-Video, 1977-2010
at The Aldrich Contemporary Art Museum, Ridgefield, Connecticut, USA,
from June 27, 2010, to January 2, 2011.

Please click through to the interview at:

http://rhizome.org/discuss/view/46468

_________________________________________________________________________


Kind regards,
Evelin

~ evelin stermitz
~ http://evelinstermitz.net
~ http://artfem.tv
~ http://world-of-female-avatars.net




From es at mur.at  Sat Jul 17 21:44:13 2010
From: es at mur.at (Evelin Stermitz)
Date: Sat, 17 Jul 2010 21:44:13 +0200
Subject: <videovortex> Reconstructing Internet Media
Message-ID: <20100717214413.czko3rog2sw0w8ss@secure.mur.at>


"Reconstructing internet media".
An Interview with Evelin Stermitz from ArtFem.TV
http://www.grassrootsfeminism.net/cms/node/711

If you find some more time for reading the entire version please go to:
http://evelinstermitz.net/archive/Interview_Grassroots_Feminism_2010/Interview_Evelin_Stermitz_Grassroots_Feminism_2010.pdf

Kind regards,
Evelin

~ evelin stermitz
~ http://evelinstermitz.net
~ http://artfem.tv
~ http://world-of-female-avatars.net



From geert at xs4all.nl  Thu Jul 22 08:57:16 2010
From: geert at xs4all.nl (Geert Lovink)
Date: Thu, 22 Jul 2010 08:57:16 +0200
Subject: <videovortex> =?iso-8859-1?q?Dual_Context=3A_Vid=E9oclubparis_by_?=
	=?iso-8859-1?q?Alice_Pfeiffer?=
Message-ID: <64D05095-339F-41BF-8454-3346C8EFA3DE@xs4all.nl>

http://rhizome.org/editorial/3668#more

A new gallery for video art, Vid?oclubparis offers a single, hybrid  
space with two parallel modes of screening. The first is a monthly,  
online exhibition of a dozen young artists, centered around a variety  
of themes (from ?soundtrack? to ?bathing suit?, among many others);  
presented with basic information about the pieces and their creators.  
The second part is a live screening-event organized for each opening,  
in unlikely, semi-private places ranging from a sauna to a Bollywood  
video store. By seeking out unique locations for screenings, the event  
challenges the idea of the formal white cube ? an aspect that is  
emphasized by the parallel screenings on the web. ?The aim is to  
create bipolar screenings, we?re trying to do the high jump between  
watching videos online and taking people to a place completely  
unexpected,? said St?phanie Cottin, co-founder of the organization,  
?the two work well together, because the extravagance of the events  
balances out the conventionalism of the online curation.?
Vid?oclubparis emerged out of Cottin and partner Bernard Gu?gan?s  
fascination for video rental machines placed outside video stores all  
over the capital ? holes in the wall, which have been increasingly  
unpopular since the arrival of the Internet. ?We like the idea of a  
cinema at home, and today, the closest thing is YouTube,? said Gu?gan,  
?so we wanted to keep the idea of diffusion of both the stores and the  
Internet.?

Some artists aren?t keen on showing work online, the pair explained,  
because of the fantasy of a big screen in a classical gallery. To  
solve this, and offer a more typical screening while still bi-passing  
the gallery system, every show leads to a tailor-made projection  
environment.

?Vincent Ganivet, for example, wanted a ?real? gallery and big  
projector, something clean and more classical. Yet when we offered him  
to show in a Bollywood store, in a space that also generates images,  
he liked the idea,? said Cottin. The work Ganivet showed in the store,  
Feux d?Artifices ("Fireworks") (2008), portrays fireworks lit during  
the daytime within a natural landscape. This results in the opposite  
effect of their use in the nighttime: one can barely see the lights  
and smoke, as they are swallowed up in the clouds and bright sky.  
Ganivet?s failed explosion was shown amongst a dozen Bollywood films,  
screened on TV sets all over the shop. Bollywood films often end in  
grandiose firework displays, and Feux d?Artifices presented an ironic  
contrast to this common grand finale within the genre.

Another example is a group show entitled "D?rives Urbaines," i.e.  
Urban drifts. As the title suggests, all the videos deal with the  
theme of the post-industrial city, in a dystopian tone. This includes  
Sun City (2005) by Olivier Cazin and Thomas Barbey, a silent travel  
through a city, constructed entirely from extracts of various Marvel  
comics (?a city about to be Blade-Runnerized?, said Cazin about the  
film), or Rhombus Sectus by Rapha?l Zarka (2009), which continuously  
films, day and night, the same futuristic building.These works were  
screened in Bernard Gu?guan?s bedroom, on a small TV screen, forcing  
the audience to pile up on the same bed. The alienating feel of these  
images contrasted with the intimacy of the environment and the  
physical proximity of the viewers.

Another group show, called "En Maillot de Bain (In A Bathing Suit)"  
was screened in a sauna built in Mains d?Oeuvres, an art center in the  
northern Parisian banlieue. In order to enter the wooden room, the  
audience had to be in full beach attire. There, they watched films  
about the notion of ?reduction? (a comic poke at their sudden  
sartorial reduction.) Films therefore looked at simple, ?bare?  
gestures detached from a grander context: Tu m' by Pierre Leguillon  
(2008) consists of two hands simply flicking through art opening  
invitations, or Point Ligne et Particules by Fay?al Baghriche, (2008)  
is a one shot film of a man spray-painting a single straight line on a  
train, without ever showing the finished result.

?Inevitably, every work generates new ideas, new viewing modes and  
contexts,? said Gu?gan. Vid?oclubparis?s screenings encourage a  
recognition of the space outside the monitor, even when detached from  
an identifiable, formal context. What both viewing modes have in  
common is their proximity to the real world, Gu?gan believes: when  
logging on to Vid?oclub, YouTube, offering videos of a similar format,  
is just one click away. When screening outdoors, one isn?t sheltered  
from urban life, but rather, embraces it and takes part in it in a  
novel manner ? such as gathering around a gallery window to look at a  
film projected through a keyhole. ?Our main question is ?when do you  
people want to see images and how? As visitors online, at the cinema,  
with friends??. We?ll adapt, video by video.? Said Gu?gan, ?But for  
now, all we have to offer is a database to access the clips, and if  
you make it to the openings, there might be wine and peanuts.?

---

Alice Pfeiffer is a Paris-based freelance journalist, who writes for  
the New York Times, the International Herald Tribune, Art in America,  
Dazed and Confused, Interview and Tank. After graduating with a  
Masters degree in Gender Studies from the London School of Economics,  
she went on to work as an editorial assistant for the International  
Herald Tribune in Paris. She is now working between her couch in  
Montmartre and London's East End.






From rachel at networkcultures.org  Thu Jul 22 15:04:45 2010
From: rachel at networkcultures.org (Rachel Somers Miles)
Date: Thu, 22 Jul 2010 15:04:45 +0200
Subject: <videovortex> Video Vortex Amsterdam 2011 - Session Ideas Feedback
Message-ID: <256D6F2C-9191-4628-8564-5708D1D2CF50@networkcultures.org>

Dear All,

Here at the Institute of Network Cultures we?re starting the planning  
for the big Video Vortex event here in Amsterdam next March 11-12,  
2011, held at TrouwAmsterdam. The event will consist of a conference,  
an exhibition, parties (of course), workshops, screenings and so on.

We?ve started to draft a preliminary template of session themes and  
rough session titles for the conference, and wanted to ask for your  
input. What do you, the Video Vortex community think?

Do you think the proposed sessions are interesting approaches?
Do you find something less interesting or important?
Is there something crucial missing? What is urgent/emerging and should  
be discussed?

The official call for contributions, with a more detailed explanation  
of sessions, for the conference will be going out mid-September, but  
we wanted to get input from the Video Vortex list/community on these  
tentative session themes before posting it.

To get the conversation going, reply to the Video Vortex listserv

Also take a look at the new face of the Video Vortex blog.

Looking forward to your responses,
All the best,
Video Vortex Amsterdam 2011 Team

_______

PROPOSED SESSIONS

1. Open Everything:
What is the current state of the art of open source, open content,  
open video, open and alternative platforms, etc. with respect to  
online video practices? What issues are faced, tackled, arrived at,  
explored, remedied when considering, and working with open practices?  
This session will be concerned with both editing software and delivery  
systems, codecs, hardware, platforms and issues of open video itself.

2.  Youtube as Archive or the Question of Dynamic Database vs. Static  
Collection:
With a massive and diverse assortment of videos, is Youtube indeed an  
archive, or is it something else? If it is an archive, what in fact is  
it an archive of; is it a collection of videos, or an archive that  
represents little vignettes of cultural interest, whether memes,  
historic moments, tv show clips etc.? And is anyone archiving Youtube?

How are Youtube and other sorts of online video collections (whether  
institutionally owned or not) understood, practiced, used, designed,  
and reflected upon in terms of the opposition between the dynamic  
database and the static collection? And does such a stringent  
opposition actually exist? In the context of Youtube as a potentially  
dynamic database and a place of heavy social commentary and  
participation, is there interesting theory around the usefulness of  
creating channels on Youtube? How are people using the video lists  
they create, and what can been gleaned from this? How does all of this  
relate to the era of comment culture?

3. Beyond Keen and Lanier: Critique of the Amateur:
This session seeks to deal with some of the following questions:
Is the era of appropriation over ? is remix just a deadly boring  
routine rather than a creative source of inspiration? Are we beyond  
remix? What is next? A return to a true and pure 'authentic' image  
culture?

Are the amateur and professional indeed in competition in the realm of  
online video? What should the role of art education be to overcome and  
understand the barrage of amateur work that is easily created, shared  
and presented? What kind of art literacy is required, how are art  
education institutions dealing with this, or are they, and what kind  
of language exists to discuss a separation between the amateur and the  
professional artist, and is this required? Are there art education  
institutions discussing the production of video for online purposes,  
and if so, what kinds of issues are tackled, and technical training  
offered?

The professional world of advertisement has fully integrated itself  
with the amateur approach, such as playing with remix culture and  
invoking a feeling of rawness. Should we aim for professional  
standards that really engage with the world of online video that don?t  
just build on professional standards of television and film ? and what  
would these be ? is it indeed the interactive capabilities of online  
video that make these professional structures different from those of  
tv and film? What techniques, structures, genres etc. exist in the  
professional realm of online video, compared to those of the amateur?

4. Video Activism Online:
Examples and explorations of online video as a form of activism,  
including both online portals and platforms that offer a space to post  
important human rights issue videos for example, and the ways that  
people in various locations around the world are using video as a  
tactical tool for political mobilization. This will consider both  
those that use video as a form of grassroots activism, and the ways in  
which authoritative powers, such as the police, understand and use  
video against activist actions. Furthermore, this session will explore  
the ethics of online video in the context of considering the issues  
and implications related to posting and making certain kinds of video  
material available online.

5. Big Players in the Game of Online Video:
This session will examine the big players in the world of online  
video. How are corporations and governments using online video? For  
example, what kind of surreptitious practices like impersonating  
grassroots organizations and guerrilla marketing are companies  
adopting for commercial purposes, appropriating and making use of the  
possibilities of online video and its easily viral nature? How are  
governments and officials turning to, and using, online video etc.?

6. Artist Perspectives:
What?s currently on the minds of artists making use of, or engaging  
with, online video? What kinds of issues are they dealing with and  
what kind of work is being made? This session is also interested in  
exploring how professional artists understand their position in  
relation to the expansive amount of amateur work being created and  
presented via online video and remix culture.

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From joomen at beeldengeluid.nl  Mon Jul 26 23:16:28 2010
From: joomen at beeldengeluid.nl (Johan Oomen)
Date: Mon, 26 Jul 2010 23:16:28 +0200
Subject: <videovortex> EFF Wins New Legal Protections for Video Artists,
 Cell Phone Jailbreakers, and Unlockers
In-Reply-To: <256D6F2C-9191-4628-8564-5708D1D2CF50@networkcultures.org>
Message-ID: <C873C7CC.3CD59%joomen@beeldengeluid.nl>

http://www.eff.org/press/archives/2010/07/26

Rulemaking Fixes Critical DMCA Wrongs
 

San Francisco - The Electronic Frontier Foundation (EFF) won three critical
exemptions to the Digital Millennium Copyright Act (DMCA) anticircumvention
provisions today, carving out new legal protections for consumers who modify
their cell phones and artists who remix videos ? people who, until now,
could have been sued for their non-infringing or fair use activities.

"By granting all of EFF's applications, the Copyright Office and Librarian
of Congress have taken three important steps today to mitigate some of the
harms caused by the DMCA," said Jennifer Granick, EFF's Civil Liberties
Director. "We are thrilled to have helped free jailbreakers, unlockers and
vidders from this law's overbroad reach."

The exemptions were granted as part of a statutorily prescribed rulemaking
process, conducted every three years to mitigate the danger the DMCA poses
to legitimate, non-infringing uses of copyrighted materials. The DMCA
prohibits "circumventing" digital rights management (DRM) and "other
technical protection measures" used to control access to copyrighted works.
While the DMCA still chills competition, free speech, and fair use, today's
exemptions take unprecedented new strides towards protecting more consumers
and artists from its extensive reach.

The first of EFF's three successful requests clarifies the legality of cell
phone "jailbreaking" ? software modifications that liberate iPhones and
other handsets to run applications from sources other than those approved by
the phone maker. More than a million iPhone owners are said to have
"jailbroken" their handsets in order to change wireless providers or use
applications obtained from sources other than Apple's own iTunes "App
Store," and many more have expressed a desire to do so. But the threat of
DMCA liability had previously endangered these customers and alternate
applications stores.

In its reasoning in favor of EFF's jailbreaking exemption, the Copyright
Office rejected Apple's claim that copyright law prevents people from
installing unapproved programs on iPhones: "When one jailbreaks a smartphone
in order to make the operating system on that phone interoperable with an
independently created application that has not been approved by the maker of
the smartphone or the maker of its operating system, the modifications that
are made purely for the purpose of such interoperability are fair uses."

"Copyright law has long held that making programs interoperable is fair
use," confirmed Corynne McSherry, EFF's Senior Staff Attorney. "It's
gratifying that the Copyright Office acknowledges this right and agrees that
the anticircumvention laws should not interfere with interoperability."

EFF also won a groundbreaking new protection for video remix artists
currently thriving on Internet sites like YouTube. The new rule holds that
amateur creators do not violate the DMCA when they use short excerpts from
DVDs in order to create new, noncommercial works for purposes of criticism
or comment if they believe that circumvention is necessary to fulfill that
purpose. Hollywood has historically taken the view that "ripping" DVDs is
always a violation of the DMCA, no matter the purpose.

"Noncommercial videos are a powerful art form online, and many use short
clips from popular movies. Finally the creative people that make those
videos won't have to worry that they are breaking the law in the process,
even though their works are clearly fair uses. That benefits everyone ? from
the artists themselves to those of us who enjoy watching the amazing works
they create," added McSherry.

On EFF's request, the Librarian of Congress renewed a 2006 rule exempting
cell phone unlocking so handsets can be used with other telecommunications
carriers. Cell phone unlockers have been successfully sued under the DMCA,
even though there is no copyright infringement involved in the unlocking.
Digital locks on cell phones make it harder to resell, reuse, or recycle the
handset, prompting EFF to ask for renewal of this rule on behalf of our
clients, The Wireless Alliance, ReCellular and Flipswap. However, the 2009
rule has been modified so that it only applies to used mobile phones, not
new ones.

"The Copyright Office recognizes that the primary purpose of the locks on
cell phones is to bind customers to their existing networks, rather than to
protect copyrights," said Granick. "The Copyright Office agrees with EFF
that the DMCA shouldn't be used as a barrier to prevent people who purchase
phones from keeping those phones when they change carriers. The DMCA also
shouldn't be used to interfere with recyclers who want to extend the useful
life of a handset."

Along with the exemptions that EFF championed, several other DMCA exemptions
were expanded, granted or narrowed including one for documentary filmmakers
and college-level educators, as well as some for security researchers.

For the full rulemaking order:
https://www.eff.org/files/filenode/dmca_2009/RM-2008-8.pdf

For more on the DMCA rulemaking:
http://www.eff.org/issues/dmca-rulemaking

Contacts:

Jennifer Stisa Granick
 Civil Liberties Director
 Electronic Frontier Foundation
 jennifer at eff.org

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From joomen at beeldengeluid.nl  Tue Jul 27 00:31:50 2010
From: joomen at beeldengeluid.nl (Johan Oomen)
Date: Tue, 27 Jul 2010 00:31:50 +0200
Subject: <videovortex> EFF Wins New Legal Protections for Video Artists,
 Cell Phone Jailbreakers, and Unlockers
In-Reply-To: <C873C7CC.3CD59%joomen@beeldengeluid.nl>
Message-ID: <C873D976.3CD78%joomen@beeldengeluid.nl>

More analysis from arstechnica.com:

http://arstechnica.com/tech-policy/news/2010/07/apple-loses-big-in-drm-rulin
g-jailbreaks-are-fair-use.ars

Best,
Johan
t: @johanoomen



Op 26-07-10 23:16, Joomen at beeldengeluid.nl <JOomen at beeldengeluid.nl>
schreef:

> http://www.eff.org/press/archives/2010/07/26
> 
> Rulemaking Fixes Critical DMCA Wrongs
>  
> 
> San Francisco - The Electronic Frontier Foundation (EFF) won three critical
> exemptions to the Digital Millennium Copyright Act (DMCA) anticircumvention
> provisions today, carving out new legal protections for consumers who modify
> their cell phones and artists who remix videos ? people who, until now, could
> have been sued for their non-infringing or fair use activities.
> 
> "By granting all of EFF's applications, the Copyright Office and Librarian of
> Congress have taken three important steps today to mitigate some of the harms
> caused by the DMCA," said Jennifer Granick, EFF's Civil Liberties Director.
> "We are thrilled to have helped free jailbreakers, unlockers and vidders from
> this law's overbroad reach."
> 
> The exemptions were granted as part of a statutorily prescribed rulemaking
> process, conducted every three years to mitigate the danger the DMCA poses to
> legitimate, non-infringing uses of copyrighted materials. The DMCA prohibits
> "circumventing" digital rights management (DRM) and "other technical
> protection measures" used to control access to copyrighted works. While the
> DMCA still chills competition, free speech, and fair use, today's exemptions
> take unprecedented new strides towards protecting more consumers and artists
> from its extensive reach.
> 
> The first of EFF's three successful requests clarifies the legality of cell
> phone "jailbreaking" ? software modifications that liberate iPhones and other
> handsets to run applications from sources other than those approved by the
> phone maker. More than a million iPhone owners are said to have "jailbroken"
> their handsets in order to change wireless providers or use applications
> obtained from sources other than Apple's own iTunes "App Store," and many more
> have expressed a desire to do so. But the threat of DMCA liability had
> previously endangered these customers and alternate applications stores.
> 
> In its reasoning in favor of EFF's jailbreaking exemption, the Copyright
> Office rejected Apple's claim that copyright law prevents people from
> installing unapproved programs on iPhones: "When one jailbreaks a smartphone
> in order to make the operating system on that phone interoperable with an
> independently created application that has not been approved by the maker of
> the smartphone or the maker of its operating system, the modifications that
> are made purely for the purpose of such interoperability are fair uses."
> 
> "Copyright law has long held that making programs interoperable is fair use,"
> confirmed Corynne McSherry, EFF's Senior Staff Attorney. "It's gratifying that
> the Copyright Office acknowledges this right and agrees that the
> anticircumvention laws should not interfere with interoperability."
> 
> EFF also won a groundbreaking new protection for video remix artists currently
> thriving on Internet sites like YouTube. The new rule holds that amateur
> creators do not violate the DMCA when they use short excerpts from DVDs in
> order to create new, noncommercial works for purposes of criticism or comment
> if they believe that circumvention is necessary to fulfill that purpose.
> Hollywood has historically taken the view that "ripping" DVDs is always a
> violation of the DMCA, no matter the purpose.
> 
> "Noncommercial videos are a powerful art form online, and many use short clips
> from popular movies. Finally the creative people that make those videos won't
> have to worry that they are breaking the law in the process, even though their
> works are clearly fair uses. That benefits everyone ? from the artists
> themselves to those of us who enjoy watching the amazing works they create,"
> added McSherry.
> 
> On EFF's request, the Librarian of Congress renewed a 2006 rule exempting cell
> phone unlocking so handsets can be used with other telecommunications
> carriers. Cell phone unlockers have been successfully sued under the DMCA,
> even though there is no copyright infringement involved in the unlocking.
> Digital locks on cell phones make it harder to resell, reuse, or recycle the
> handset, prompting EFF to ask for renewal of this rule on behalf of our
> clients, The Wireless Alliance, ReCellular and Flipswap. However, the 2009
> rule has been modified so that it only applies to used mobile phones, not new
> ones.
> 
> "The Copyright Office recognizes that the primary purpose of the locks on cell
> phones is to bind customers to their existing networks, rather than to protect
> copyrights," said Granick. "The Copyright Office agrees with EFF that the DMCA
> shouldn't be used as a barrier to prevent people who purchase phones from
> keeping those phones when they change carriers. The DMCA also shouldn't be
> used to interfere with recyclers who want to extend the useful life of a
> handset."
> 
> Along with the exemptions that EFF championed, several other DMCA exemptions
> were expanded, granted or narrowed including one for documentary filmmakers
> and college-level educators, as well as some for security researchers.
> 
> For the full rulemaking order:
> https://www.eff.org/files/filenode/dmca_2009/RM-2008-8.pdf
> 
> For more on the DMCA rulemaking:
> http://www.eff.org/issues/dmca-rulemaking
> 
> Contacts:
> 
> Jennifer Stisa Granick
>  Civil Liberties Director
>  Electronic Frontier Foundation
>  jennifer at eff.org
> 
> 
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