Archive for: October, 2007

Prawnicza dynia

October 31st, 2007, Tomasz Rychlicki

The U.S. Patent no. 6,769,793. Can you use a patent to scare people during the Halloween?

Police lies or manipulates?

October 29th, 2007, Tomasz Rychlicki

In a short press release published on 26 October 2007 in “Czas Świecia” (regional supplement to Gazeta Wyborcza newspaper) Marek Rydzewski, the spokesperson for Regional Police Headquater in Świecie, issued a statement while answering to a student’s question about legality and responsibility for photocopying books:

- Copying whole textbooks without a permission from persons who have rights to such work (usually those are authors or publishes) is prohibited.

False. I do not want to educate Polish Police but I think I owe my English readers short explanation about Polish copyright (I think the proper term should be Author’s right since Civil law system differs a lot from English and US approach).

Some voices appears that there are legal grounds to introduce restrictions of maximum amount of pages to be allowed to photocopy from one book (…). It seems that such statements are not justifiable. Rules established in art. 23 of the Act of Authors rights. (…) did not introduce any limits for the amount of photocopied text.

J. Barta, R. Markiewicz, Prawo autorskie i prawa pokrewne, Zakamycze 2004, p. 67.
Additionally, Mr Marek Rydzewski said that:

Also, the law does not allow for downloading books in electronic form from the Internet, except for those which are made available for such actions.

False. There is no rule in Polish law that “prohibits” downloading books from the Internet! For all of you who are interested in the original text of this short article here is a scanned file, JPG, 675 KB. I’ll see if they publish corrections. In passing I would like to write my short statement. Myabe it will sound strange for You but I think that photocopying a full book “kills” it somehow.

Domain name front running

October 26th, 2007, Tomasz Rychlicki

The Internet Corporation for Assigned Names and Numbers (ICANN) has begun an investigation into accusations that some insiders may be using inside information to collect data and purchase unregistered domain names that get a lot of DNS lookup requests—nonexistent domains that surfers frequently try to access. ICANN refers to the practice as “domain name front running”.

The ICANN’s statement is available at icann.org website, PDF file. You will find more details about this issue in the article available at arstechnica.com website.

Miniatura z Dziennika

October 26th, 2007, Tomasz Rychlicki

There were some speculations that Tomasz Lis would become an editor-in-chief of Dziennik newspaper lately. On October 9, the publisher – Axel Springer Polska has ended those rumours and issued a statement that Robert Krasowski (who is a present editor-in-chief) stays at his position. On October 15, Dziennik’s page with an article titled “Rice criticizes Moscow” included verses that if read in order formed offensive sentence. Free translation would be “Screw Tomasz Lis”. The publisher and chief editor issued a formal apology to Tomasz Lis. Full article with a bigger illustration of Dziennik’s page is available at www.gazeta.pl website.

The Boondocks

October 23rd, 2007, Tomasz Rychlicki

On October 15, 2007, Google has unveiled new technology to monitor content uploaded to YouTube. I skiped all adjectives describing this tool. Many details about this project are explained in the article available at news.com website. While not even trying to comment about the fact that technology decides what content and actions are legal and which are not (yes, we do not need judges and courts anymore) I was waiting for the answer from the content industry. It did not take too long. Philippe Dauman’s comments (Viacom’s CEO) are available in the article at pcworld.com website.

As an ambiguous illustration for this post I would like you to watch The Boondocks. To be precise I meant the episode titled “…Or Die Trying”, which is still available at YouTube.




I would like to remind you that Google and YouTube were sued by Viacom. Just check Viacom v. Youtube, 2007 U.S. Dist. Ct. Pleadings 2103 (U.S. Dist. Ct. Pleadings 2007).

Cybersquatters will be happy

October 20th, 2007, Tomasz Rychlicki

The Register of Prohibited Clauses operated by the Office of Competition and Consumer Protection contains contractual clauses found unlawful by a legally binding judgements. According to the latest judgment of the Polish Competition and Consumer Protection Court of 26 December 2006, case file XVII AmC 170/05, it won’t be so easy to get cybersquatters who are private persons before any ADR court.

The quotation

October 15th, 2007, Tomasz Rychlicki

I’d like to recommend you reading a post available at boingboing.net website on what happened to Cory Doctorow when he cited an article written by Ursula K Le Guin. Official comments from Ms Le Guin are available at ursulakleguin.com website, but since she is not claiming copyright (sic!) to her letter, I decided to cite it in full.

SFWA, Piracy, and Serious Literature — An Open Letter

I’d like to correct some misapprehensions about Cory Doctorow’s unauthorized posting of my short comic piece “On Serious Literature” on his boingboing.net site.

I originally sent the piece to David Langford for Ansible, because that’s where I first saw the quote from Ruth Franklin that the piece riffs on. I also put it on my web site. (It’s still there.) Jon Carroll of the San Francisco Chronicle then reprinted it entire in the Chronicle, without asking permission. My agent Vaughne Hansen and I immediately demanded an apology from Carroll, and immediately got one. Harper’s asked to publish it, offering me $200.00, which I accepted (I love gravy.)

I then discovered that Doctorow had put it on his web site, without asking permission and without observing copyright, misrepresenting its purpose, and falsely claiming that it was under license by “Creative Commons” so that anyone could copy it.

My agent and I had just decided to ask the e-piracy committe of SFWA, which I had come to count on in similar situations, to intervene on my behalf — when we found that the committee had suddenly been dissolved, following complaints about unauthorized interference, issuing from Cory Doctorow.

The irony of this situation is fairly visible. While Doctorow was making a huge fuss over an honest mistake, which when discovered was immediately redressed, he was publishing another writer’s work without asking permission and in clear violation of copyright.

With my consent, Andrew Burt exposed Doctorow’s piracy in a letter printed on Jerry Pournelle’s web site. Doctorow scoffed, blustered, made no apology to me for misidentifying my work and using it without permission, and behaved as if his action was legitimate, although the Fair Use exception explicitly does not cover reprinting an entire article or poem no matter how short. But he took part of the piece off his site.

At the request of Michael Capobianco, President of SFWA, acting on my behalf, Doctorow has now finally removed the entire piece.

He has not apologised either to me for using my piece without permission, or to the people he misled with his pretense of a “Creative Commons License” into thinking they could reprint a copyrighted piece without violating the law. Nor has he offered to help them remove these many additional copies.

But, thanks to SFWA, he has taken the piece down. My agent is writing to request him to redress some of the other matters. I hope then to be done for good with Mr Doctorow. What I remain upset about is the confusion and destruction he seems to have effected within SFWA.

An overworked committee mistakenly identified a few works, among many, as infringing copyright; the mistakes were promptly admitted and redressed, with apologies; and President Capobianco invited any other parties who thought themselves wronged to contact him. Where is the cause in all this for dissolving a committee which has worked with extraordinary effectiveness to redress real wrongs?

In my view, the best thing that could come out of my brush with the Doctorow Doctrine would be this: the honorable reinstatement of the SFWA e-piracy committee, with an expression of appreciation from SFWA officers and members of the honest and effective work they have done for us for so long.

This letter is not copyrighted and may be excerpted or copied entire.

— Ursula K. Le Guin
October 12 2007

Internet domains and different groups of interests

October 13th, 2007, Tomasz Rychlicki

The International Federation of the Phonographic Industry has a website which is available under ifpi.org domain name and the International Federation of Pirate Interests will have a website available at ifpi.com soon. More details about this “strange” situation are provided in the article available at torrentfreak.com website. International Trademark Association has issued a statement about domain names in the aspect of cybersquatting lately. I wonder if, or rather, when this case will land before the World Intellectual Property Organization arbitration.

On 9 October 2007, The Polish Pirate Party has filled all documents needed to fully register its political activity. There is also an iterview with Błażej Kaczorowski, the founding father of the PPP, available at torrentfreak.com website.

Update on December 13, 2007.
WIPO Arbitration and Mediation Center, Administrative Panel Decision, IFPI Secretariat, IFPI International Federation of the Phonographic Industry v. Peter Kopimi Sunde aka Brokep, Case No. D2007-1328, November 19, 2007.

Google rejected logotype

October 13th, 2007, Tomasz Rychlicki

Supposed to be celebrating: 90th Anniversary of the Copyright Act. Reason for rejection: Potential trademark infringement for using the © symbol.

That is even funny. More details about other rejected logotypes are available at blogoscoped.com website.

The Internet voting

October 10th, 2007, Tomasz Rychlicki

I owe a short explanation to all my readers who do not understand Polish language. My friend Piotr Waglowski who owns a great website available at vagla.pl did an experiment and set a very important survey in which he asked if Polish internauts want the government to establish a Polish embassy or consulate on Mars. I am not kidding! It was a response to a statement issued by the Fundation of Karzimierz Puławski about voting over the Internet. It just proved how reliable Internet surveys are. I honestly admit that I support voting over the Internets because I already know that it is safe and secure and I trust everybody. I voted ten times in Piotr’s survey, so I guess it counts. You also should click to ballot box!

Ok, jokes are over. See “the Statement of Internet Society Poland concerning e-voting in general elections” which is available at isoc.org.pl website. It is a very important document to read.