Archive for: legal regulations on computers networks

Think before requesting removal

Thursday, August 21st, 2008

Joe Gratz wrote a post about a very interesting judgment in the case Lenz v. Universal Music Corp., No. 07-3783 (N.D. Cal. August 20, 2008), PDF file.

The purpose of Section 512(f) is to prevent the abuse of takedown notices. If copyright owners are immune from liability by virtue of ownership alone, then to a large extent Section 512(f) is superfluous. As Lenz points out, the unnecessary removal of non-infringing material causes significant injury to the public where time-sensitive or controversial subjects are involved and the counter-notification remedy does not sufficiently address these harms. A good faith consideration of whether a particular use is fair use is consistent with the purpose of the statute. Requiring owners to consider fair use will help “ensure[] that the efficiency of the Internet will continue to improve and that the variety and quality of services on the Internet will expand” without compromising “the movies, music, software and literary works that are the fruit of American creative genius.” Sen. Rep. No. 105-190 at 2 (1998).

I still wonder why such regulation were not included in analogical provisions of Polish or European Union law.

From premiere to “piracy”

Friday, August 1st, 2008

Warner Bros, the distributor of “The Dark Knight” movie, deemed as a success the period of 38 hours which lasted from the premiere of the Dark Night’s sequel to appearance of first unauthorized copies of this movie. I guess it is all about The.Dark.Knight.CAM.XviD-TRADINGSTANDARDS, The.Dark.Knight.TS.XVID-PreVail and The.Dark.Knight.PROPER.TS.XViD-mVs releases and all derivatives you may find in p2p networks. More details in the article available at www.webtvwire.com website.

Open WiFi ≠ copyright infringement

Friday, July 11th, 2008

You will find more details regarding my laconic topic in the article available at www.arstechnica.com website. Logic won over lobby. Very good.

Congrats to Irish people for their referendum

Thursday, July 3rd, 2008

When I see such legislative initiatives as reported by the European Digital Rights at www.edri.org website, I start to doubt about European integration if the process of adopting directives looks like that (you do remember how was the Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions adopted and all this controversy with ignoring the voice of one country during the Council meeting right?). I see a lot of advantages of the Community Trade Mark system but lobbying in the European Union makes me annoyed at the bureaucrats and European bureaucracy and you should read this post in such manner. ;)

Update on July 8, 2008.
Philippe Aigrain has written a very detailed post regarding lobby process within the EU in the field of IP law. It is available at www.paigrain.debatpublic.net website.

Smashing magazine Techkultura

Tuesday, June 3rd, 2008

I sometimes ask myself where the inspiration ends. The Polish version of my post also deals with some other less or more legal issues but I do not think that informing my English readers about Polish companies which use at least “strange TOS” of Twitter’s clones is relevant. I’m also not sure if its good to spare some money from the project’s budget that one could spend for a legal advice or some consultations with lawyers to answer the question if the TOS you provide are written in accordance with the law.

Law in IT

Tuesday, May 6th, 2008

I started an academic platform called www.lawinit.com together with dr Wojciech Wiewiórowski and thanks to great help of Marcin Sochacki and Marcin Czerwiński. We think about English version too so if you are interested in such academic cooperation then you are warmly welcomed. Meanwhile, among other things there are great translations of German courts judgments provided by Justyna Kurek.

Untraceable.R5.XviD-iNQONTROL

Friday, April 25th, 2008

I saw Untraceable. I read a review which is available in the article at www.washingtonpost.com website. I know this is “Hollywood style” so I ask you to treat this post with a pinch of salt. The best and the most funniest parts?

BOX
But why’d he pick Restom, when he had 434 other dishonest, yellowtied douche bags to choose from?

MARSH
Good question.

Box throws her a smile, unused to the compliment.

MARSH (cont’d)
I know because I asked it myself.
(beat)
The Director testified before him once. Restom sits on the House Judiciary Committee. He’s a huge supporter of Net Neutrality. All traffic treated equally. No restriction on content.

BOX.
You’d think the piece of shit would be for that.

MARSH
Yeah, you would.

Was it hidden propaganda against Net Neutrality? Nah, I do not want to act like people searching for some conspiracy theories so I found better part.

Elmer is led into the room by the other Officer. Box sees stacks of DVD’s everywhere, all bearing handwritten labels.

BOX (cont’d)
You like movies, huh?

ELMER
Who doesn’t?

BOX
Me. You burn your own, huh?

Box pops a DVD in a player and hits play.

BOX (cont’d)
That’s illegal.

Elmer smirks. Box hits pause, freezing the FBI WARNING about illegal copying. He throws Elmer a dead-serious glance.

The movie ends with a very important question that was asked during final chat.

Where can I download this movie?

My simple answer is www.thepiratebay.org and the trailer is available for free and without the risk of being prosecuted. :)

Who will be guilty?

Tuesday, April 15th, 2008

There is a short article availabe at www.wired.com website where you may read about some thoughts of Harry Sintonen regarding security of couple of websites. As from the media point of view the most spectacular cross-site scripting attack concerned CIA’s website. But I found on Harry’s list other addresses that are worthy a short notice here, for instance, the official website of the European Parliament. You may ask why? Because there is another article available at www.gazeta.pl website (in Polish language) where Waldy Dzikowski (the chief of Platforma Obywatelska’s parliamentary club) tells about how he opts about electronic elections to the European Parliament which will be held in another thirteen months. I have to admit that I am not sure who is supporting Mr Dzikowski because there is always someone who has the interest to supply the Republic of Poland with e-voting infrastructure or as Witold Drożdż from the Ministry of Interior and Administration said “technical and organization” infrastructure. When I think about such problems as faced by the CIA or European Parliament websites then I instantly wonder if someone can assure me about security and what is even more important about the lack of frauds in the process of electronic voting? Of course, we have proper crminal provisions against crimes aimed at voting process in the Polish Penal Code of 6 June, 1997. Dziennik Ustaw No 88, pos. 553, with later changes.

Chapter XXXI. Crimes against elections and referendum
Art. 248.
Article 248. Whoever, in connection with elections to the Sejm, Senate, election of the President of the Republic of Poland, elections to European Parliament, local elections or referendum:
(…)
3) damages, hides or forge reports or other election or referendum documents,
(…)
4) interferes or allow to interfere with the collecting or counting votes
(…)
5) gives another person unused voting card before an end of voting or gets an unused voting card from another person in order to use it in voting,
- shall be subject to the penalty of deprivation of liberty for up to 3 years.
(…)
Art. 250a. § 1. Whoever, being entitled to vote, gets financial or personal benefits or requests such benefit for voting in a given way, shall be subject to the penalty of deprivation of liberty for a term of between 3 months up to 5 years.
§ 2. The same penalty should apply to a person which gives financial or personal benefits to a person entitled to voting in order to induceaby such person to vote in a given way or for voting in a given way.

Art. 251. Whoever, in violation of regulations on secrecy of votiong, against the will of a voter, acquaints with the content of a vote, shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.

As you can see there are some possibilities. There are also “anti-compromise” regulations (sic!)

Chapter XXXIII. Crimes against protection of information
(…)
Article 267.
§ 1. Whoever, without being authorised to do so, acquires information not destined for him, by opening a sealed letter, or connecting to a wire that transmits information or by breaching electronic, magnetic or other special protection for that information shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.
§ 2. The same punishment shall be imposed on anyone, who, in order to acquire information to which he is not authorised to access, installs or uses tapping, visual detection or other special equipment.
§ 3. The same punishment shall be imposed on anyone, who imparts to another person the information obtained in the manner specified in § 1 or 2 discloses to another person.
§ 4. The prosecution of the offence specified in § 1 – 3 shall occur on a motion of the injured person.
(…)
Art. 268a. § 1. Whoever, without being authorised to do so, destroys, damages, removes, changes lub makes an access to data difficult or in a significant way disrupts or prevents from the automatic process, gathering or transmission of such data, shall be subject to the penalty of deprivation of liberty for up to 3 years.
(…)
Art. 269.§ 1. Whoevery, damages, removes or changes information data of particular importance for country’s defences, safety of transportation, function of governmen administration, other state’s organ or state’s institution or local government albo zakłóca disrupts or prevents from the automatic process, gathering or transmission of such data, shall be subject to the penalty of deprivation of liberty for a term of between 6 months up to 8 years
§ 2. The same penaly should apply to a person who commits offences mentioned in § 1, by destroying or replacing the information carrier or by destroying or damaging a device serving for automatic processing, gathering or transfering of information data.

Art. 269a. Whoever, without being authorised to do so, by transmission, destroy, removing, damaging or changing information data, in significant manner disrupts the work of a computer system or a teleinformatic network, shall be subject to the penalty of deprivation of liberty for a term of between 3 months up to 5 years

Art. 269b. § 1. Whoever, produces, acquires, sells off or makes available to other persons devices or computer software adapted to perform a crime mentioned in art. 165 § 1 pt 4, art. 267 § 2, art. 268a § 1 or § 2 in connection with § 1, art. 269 § 2 or art. 269a, and computer passwords, access codes or other data that allow for the access to information stored in a computer system or teleinformatic network, shall be subject to the penalty of deprivation of liberty for up to 3 years.

This list is really long right? I asked my Polish readers if they know any cases regarding such crimes. I guess we have a really small percentage. The question is if it’s a really small percentage of crime detection or such crimes itself?

Oh Europe!

Friday, April 11th, 2008

Cultural industries in Europe on cultural industries in Europe, (A6-0063/2008). Report: Guy Bono (PES, FR). Report adopted by 586 votes in favour to 36 against, with amendments.

Calls on the Commission and the Member States to recognise that the Internet is a vast platform for cultural expression, access to knowledge, and democratic participation in European creativity, bringing generations together through the information society; calls on the Commission and the Member States, therefore, to avoid adopting measures conflicting with civil liberties and human rights and with the principles of proportionality, effectiveness and dissuasiveness, such as the interruption of Internet access.

More details in a post available at www.openrightsgroup.org website. As for some additionals thoughts I’d like to recommend you www.europarl.europa.eu website.

Almost 15,000 lobbyists in Brussels may face new working practices after the Parliament’s Constitutional Affairs Committee backed a report which calls on them to disclose their fees and have their names on a mandatory public list. The author of the report - Finnish MEP Alexander Stubb (EPP-ED) - praised lobbyists saying “policy making would be very poor without their contribution”. The full parliament will vote on the report on 8 May. This focus looks at the issues raised by the Stubb report.

Battle over responsibility

Wednesday, April 9th, 2008

There is a brief summary of last judgments regarding ISPs liability in the article available at www.news.com website.

Fingerprint

Tuesday, April 8th, 2008

Hackers from the Chaos Computer Club published fingerprint of Wolfgang Schauble, Germany’s interior minister not so long time ago. Check www.wired.com. Meanwhile Privacy International and British NO2ID organization offer a reward for a person who will be the first one to submit a fingerprint of the Prime_Minister of the United Kingdom and the Secretary of State for the Home Department. Details with proper posters are available at www.privacyinternational.org website. From the other hand. Article 29, European Union’s Working Party, has published a report, PDF file, regarding personal data protection and search engines.