French Legal Guides from EducNet – Guides Juridique Legamedia

The French Ministry of Higher Education and Research has posted a handful of thematic legal guides on their EducNet site. Guides are able for copyright, protection of children online, cultural property, privacy, human rights, and regulation of teachers and professors. All information is available only in French.

Guides Juridique Legamedia

http://www.educnet.education.fr/legamedia

Omega watches and library books

 

“A case about pricing timepieces could crimp library lending.”

Fascinating article in today’s Wall Street Journal:

The Wall Street Journal, Friday, July 30, 2010, p. W9

Watch Out For the Omega Copyright Windup

DE GUSTIBUS column

By Eric Felten

Constrain the first-sale doctrine and you throw a wrench into the business of used-book stores . . .  And yes, even public libraries might find themselves facing the challenge of figuring out which books on the stacks were first sold in the U.S., and which were first sold abroad.

A Draft 50 State Survey of Copyright Claims in State Codes and Court Opinions

In preparation for the Law.gov event held at Stanford Law School in January of this year, I started to put together a list of how each state treats its legal publications for copyright purposes.  Specifically, I looked at the web versions of state codes to locate any claims in copyright over the code text.  This led to searching in the print editions held in our library to see what copyright was claimed in these series.  Finally I searched the codes themselves (aided by the indexes provided on Westlaw) to find any claim that had been codified.  Along the way, the search expanded to how states treat any copyright claims in their court opinions (either online or in their code) as well.

My  method was not scientific.  I looked for clear statements on each website directly related to the code or opinions themselves.  Small copyright notices at the bottom of pages that seem to claim copyright in the pages themselves were not considered claims over the code text or opinions.  I understand that an argument can be made that those symbols of copyright could extend to the entirety of the material posted by that entity.

A very rough draft of the results is posted here.  I obviously have a lot of work left to do, including cleaning up some of the questions marks that have been left unanswered.  Official print versions for the state codes and reporters will also need to be consulted to fill out these charts.  And administrative law is just a glint in my eye at the moment.

I hope this document can be expanded and that it may prove useful in the current discussion on access to state and federal primary sources of law.

Increasing Public Access to Government Data and Laws

Our friend and hero Carl Malamud is quoted in a “special report on managing information” from the February 25, 2010 issue of The Economist.

We’ll be making the article, “The open society: Governments are letting in the light,” required reading for our advanced legal research class.

The article discusses efforts and impediments, at both the local and national level, to making government information freely available.

Locally the article quotes San Francisco CIO Chris Vein on how “providing more information can make government more efficient.”  An example is a site called San Francisco Crimespotting “that layers historical crime figures on top of map information.”  The article notes that “[o]ther cities, including New York, Chicago and Washington, DC, are racing ahead as well.”

The article goes on to say that “[o]ther parts of the world are also beginning to move to greater openness.  A European Commission directive in 2005 called for making public-sector information more accessible.”

The article also discusses some of the impediments, such as Crown copyright where “in Britain and the Commonwealth countries most government data is state property” and there are use constraints, and PACER’s paywall.

The direction is for more openness and for “new forms of collaboration between the public and private sectors.”  And as the article concludes:

John Stuart Mill in 1861 called for “the widest participation in the details of judicial and administrative business . . . above all by the utmost possible publicity.” These days, that includes the greatest possible disclosure of data by electronic means.

French Government Report: Creativity and the Internet

The French government has published a report (Creation et Internet) on the future regulation of the Internet. The report discusses intellectual property and proposals to tax search engines, such as Google. Patrick Zelnik, Jacques Tubon, and Guillaume Cerutti authored the report on behalf of the French Ministry of Culture and Communication.  Text available in French. 

Creation et Internet (January 2010)

http://www.culture.gouv.fr/mcc/Espace-Presse/Dossiers-de-presse/Rapport-Creation-et-Internet

Brief Fight Likely to End in Compromise

From tomorrow’s (Friday’s) San Francisco Recorder:

Brief Fight Likely to End in Compromise
The Recorder

By Mike McKee

October 30, 2009

The [California] Supreme Court sounds willing to end its practice of shipping briefs from all the state’s appellate cases to Westlaw and LexisNexis, which charge for them. An Irvine lawyer [Edmond Connor] saw a copyright problem…

Some more from the article:

‘Connor, who claims court briefs are lawyers’ copyrighted property, wrote again last Friday, urging the court to at least amend Rule of Court 8.212 — which requires lawyers to file either one electronic copy or four hard copies of their briefs with the high court — to instead require only one paper copy.

“Litigants will not have to incur the needless time and expense,” he wrote, “of providing the court with extra copies of briefs that the court simply discards — or gives away to vendors.”

E-books going mainstream? Getting “Napsterized?” and “Advantage Google”

Really eye-opening (to me, anyway) article in the Sunday Business section of today’s New York Times:

DIGITAL DOMAIN
Will Books Be Napsterized?
By RANDALL STROSS
As the hardware for electronic books moves closer to the
mainstream, publishers wonder whether their industry can be
spared the potential problems of piracy.
http://www.nytimes.com/2009/10/04/business/04digi.html?th&emc=th

From the story:

Free file-sharing of e-books will most likely come to be associated with RapidShare, a file-hosting company based in Switzerland. It says its customers have uploaded onto its servers more than 10 petabytes of files — that’s more than 10 million gigabytes — and can handle up to three million users simultaneously. Anyone can upload, and anyone can download; for light users, the service is free. RapidShare does not list the files — a user must know the impossible-to-guess U.R.L. in order to download one.

This has significance, according to Mr. Stross, because e-books are going mainstream:

. . . E-book hardware is on the verge of going mainstream. More dedicated e-readers are coming, with ever larger screens. So, too, are computer tablets that can serve as giant e-readers, and hardware that will not be very hard at all: a thin display flexible enough to roll up into a tube.

And be sure to read Harvard Berkman Center for Internet and Society fellow Lewis Hyde’s essay in the New York Times Book Review today, “Advantage Google.”

Nothing in the history of copyright permits the treatment of ‘orphan’ works spelled out in the proposed settlement.

Erich Pommer Institute – German Media Law

The Erich Pommer Institute in Potsdam, Germany maintains an online catalog of its library holdings related to German and  EU media law, entertainment law or IP issues.  The library catalog records are searchable by year, theme, and keyword. Very few full-text items are listed; however, it is a useful site for literature searches and collection development.  Search interface is in German, but catalog entries include various languages.

Erich Pommer Institut Bibliothek 

http://www.epi-medieninstitut.de/Bibliothek_de.html

Read the Letter – Update: LexisNexis and Westlaw Violating Copyright?

Yesterday, Paul blogged about the Daily Journal article: “California Courts Come Under Fire for Giving Legal Briefs to For-Profit Firms.”  There was a lot of interest in that posting — our statistics show it as our busiest day ever.  We had 634 visits by 4pm.

This story was picked up by the Volokh Conspiracy with some really interesting commentary.

There was so much interest in that topic that we followed up with attorney Ed Connor and we are now able to share with our readers, with his permission, the letter that he sent to Justice Ronald M. George and Mr. William C. Vickrey.

The text of the letter is available as a PDF here.

Buyer’s E-Morse: ‘Owning’ Digital Books

From today’s Wall Street Journal:

The Wall Street Journal, Thursday, July 23, 2009, p. A11

CURRENTS

Buyer’s E-Morse: ‘Owning’ Digital Books

Purchasing Electronic Tomes Online Gives Readers Fewer Legal Rights to Share and Resell Than Hard-Copy Customers Enjoy

By Geoffrey A. Fowler

. . .

Sharing e-books puts libraries in a particular pickle. The Seattle Public Library has purchased 30,000 e-books and digital-audio books for its patrons to borrow. But those e-books don’t reside anywhere at the library. Instead, it has a continuing license to them provided by a company. In exchange for maintenance fees and a full purchase price for each e-book, Overdrive Inc. runs lending systems for Seattle and 9,000 other libraries.

When a patron wants to check out an e-book, Overdrive allows them to download a copy with software that causes the file to become unreadable after a due date — after which another patron can check out that “copy.”

. . .

But there are strings attached: Overdrive’s books can be read on computer screens and on Sony’s Reader device, yet aren’t compatible with Amazon’s Kindle — . . .
And should Overdrive ever go out of business — or should something happen to its centralized collection — the Seattle library’s huge e-book collection could theoretically disappear . . .