Question Copyright is looking for a trusts & estates lawyer for some quick pro bono help with an interesting new initiative.  If you are one, or know one, please contact us.  Thanks!

Zinger quote from full-time artist (and QCO reader) Gwenn Seemel:

I’m fascinated by how artists say that their adherence to copyright is about money (even when they aren’t making a living with their work) but that when you dig a little deeper it comes out that it’s about fear.  It’s about the fear that someone will do what you’re doing but do it better than you ever did.

Thanks to reader Osama Khalid for telling us about another use of Nina Paley‘s Minute Meme Copying Is Not Theft on Al Jazeera — in this case, using it exactly as we hope the Minute Memes will be used: to set the frame or introduce the issues for a discussion. It’s played near the beginning, at about 2:30:

And it’s followed by a fantastic interview with Rick Falkvinge, in which he explains why Pirate Party resonates with so many people and why its political philosophy is deeply connected with civil liberties.

(This is not the first time that “Copying Is Not Theft” has appeared on Al Jazeera.)

Any monopoly over public information is questionable, but we cast an especially gimlet gaze on attempts to monopolize publicly-funded information.  That’s what the government of Canada is doing to GeoCoder.ca right now (well, “doing to all Canadians” would be more accurate, but GeoCoder.ca is the lucky proximate target).

Canada Post is upset over GeoCoder’s freely-licensed database of Canadian postal codes.  Since 2004 GeoCoder has crowdsourced the creation of a geo-coded Canadian postal code database.  That is, members of the public have entered postal codes (public data) linked to location information (also public data).  The resultant dataset is useable by anyone, and saves people from having to pay Canada Post $5000 CAD for an official copy.

So what does Canada Post do?  Naturally, they sue.

(Plant face firmly in desk here.)

No, really.  It’s not April Fool’s Day anymore — we wouldn’t make this up.  Here’s a quote from Canada Post’s lawyer-gram:

Canada Post is the owner of copyright in the CPC database as further defined herein;

the Defendant has infringed Canada Posts’s copyright in the CPC database by producing and reproducing, without the consent of the Plaintiff, the CPC Database and substantial portions thereof in the course of the development, update, distribution and sale of the Defendant’s dataset products, including the Defendant’s Canadian Postal Code Geocoded Dataset (the “CPCG Dataset”) contrary to section 27(1) of the Copyright Act, R.S.C. 198, c.C-42 as amended (the “Copyright Act”); and

the Defendant has infringed Canada Post’s copyright in the CPC Database by:

1. selling or renting out;
2. distributing to such an extent as to affect Canada Post prejudicially as owner of the copyright;
3. by way of trade, distributing, exposing, offering for sale and exhibiting in public;
4. possessing for the purposes of the activities described in subparagraphs (a) to (c) copies of the CDC Database and substantial portions thereof, including  the CPCG Dataset which the Defendant knew or should have known infringed the Plaintiff’s exclusive copyright, contrary to section 27(2) of the Copyright Act;

…I can’t really stand to type in any more of that (it’s from a PDF image; also, it’s offensive to reason), but you can see the whole complaint here: page 1, 2, 3, 4, 5, 6, 7, 8, 9.

You can donate to GeoCoder.ca to assist with their defense.  In their words: “Fighting for principle is expensive, and we will do it. Even against the odds, namely the foremost law firm in the country for IP litigation, hired by Canada Post to bring us down.”

Update 2012-04-28: there’s a terrific writeup by David Eaves about this now.

Well, it’s been a long time coming: we moved into our new headquarters this weekend.  As you can see, at last there’s room for all our staff — no more doubling up at desks, no more working in shifts, no more waiting lists for parking spaces.  We’re really looking forward to finally being able to fit everyone at the all-hands meetings!

Many thanks to the recent donors who made this possible, especially the RIAA, MPAA, and Disney.  Without their steadfast support, we wouldn’t be where we are today.

Modern, state-of-the-art buildings like this don’t come cheap, of course.  Although we’re convinced the new headquarters is the right decision for the organization, we thought it would be wise to start a capital campaign now to cover grounds maintenance, heating and cooling, electricity, and, of course, the snack budget.  There’s a full kitchen on every floor — our dedicated associates will need fuel to fight for your freedoms effectively.

If you’d like to support us in our new home, please donate today!

There’s a terrific article by Leah Day entitled “Copyright Terrorism“, over at the Free Motion Quilting Project.

While we usually try to avoid the T-word over here at Question Copyright, so as not to inflate the language in an already loud debate, the substance of Day’s article is right on.  The growing problem she describes in quilting is the full-grown problem we already have in literature, music, and elsewhere:

Copyright issues seem to be cropping up with increasing frequency in the quilting world and I for one would like to try to stem this flow, or at least open your eyes, to the very real threat looming for our craft.

What is this threat?  Where is it coming from?

It is coming from within our own ranks. Quilters with a certain penchant for copyright and legal wrangling are turning our open, creative craft into a mine field of rules, regulations, licensing, attribution, and copyright lockdown that it’s enough to make anyone set down their rotary cutter and sell their sewing machine.

My favorite passage:

My question is this: is this the world we want to create? 

Is this the industry we want to build, where quilters who quilt for a living must live in fear that they will be sued for the designs they use?  That a blogger trying to teach and spread the love of free motion quilting can be threatened for using the wrong design? That quilters who quilt for show must credit every designer involved in their quilt, down to the fabric and thread manufacturer?

She then goes on to give an example, and points out the insidious positive feedback loop that happens once people start suing.

Read the whole thing.

QuestionCopyright.org’s pro bono General Counsel Karen Sandler took part in a panel this past Wednesday at the music conference of South by Southwest: Set Your Content Free (It’s Harder Than You Think).

Moderated by Michael Petricone of the Consumer Electronics Association, the panel also had Hank Shocklee (of Bomb Squad/Public Enemy fame), Julie Samuels of EFF, and Paul Geller of Grooveshark:

Karen’s writeup is over at her GNOMG blog, so please check it out there (for the sake of keeping comments centralized in one place).

Many thanks to Karen for representing!  And note her awesome t-shirt: you can have one too.

As reader libreuniverse pointed out in forwarding this, this is big, big news: large Internet service providers, on whom millions of people depend for their Internet service, are going to start acting as copyright police:

“RIAA chief: ISPs to start policing copyright by July 12”

The short version: each ISP will maintain a database of “repeat offenders”, with gradually escalating punishments, starting with warning letters, then moving to slowing down the subscriber’s connection, and finally to cutting them off altogether.

This is going to hurt artists.  It’s going to drive unauthorized copying even further underground, onto the so-called “dark networks” where people use encryption and other forms of indirection to hide from the network provider (and therefore from everyone else except the intended recipient) what’s being copied.  Use of such techniques is already widespread, and now it will become common and normal.  This means artists don’t get credit for their popularity: it becomes more and more difficult for an artist to tell who likes them and where and why, because all of the sharing and the commenting and recommendation that goes along with it gets driven underground.  The ISPs are essentially forcing fans to hide their love of their favorite artists.

This is unfairly one-sided — the ISP holds all the cards.  There is no penalty for the ISPs when they make a mistake, so the tilt is all towards heavy-handed enforcement that will prevent all sorts of legal sharing and will inevitably punish innocent users.  I hesitate even to use the word “innocent”, since there’s nothing wrong with people sharing culture anyway, but even given  the distributor-driven bias of current law, this arrangement is unjust and will force many people to waste time fighting mistakenly-applied penalties.

This is nothing new.  The privatization of censorship has been the pattern with copyright since the very beginning, when the Stationers Company was first given a monopoly over printing in England and authorized to burn unapproved books and destroy unapproved presses.  The ISPs are now reconstituting that private sector information police force, first invented by England to combat the spread of seditious pamphlets… and later rejected by the English Parliament as being too great a restriction on freedom of speech.  Will it take us as long (thirteen decades) to come to the same conclusion?

This is what happens when media companies are also Internet service providers.  Anti-trust law typically focuses on confluences of power within the same industry, but this is a case of two mutually symbiotic industries — the management of state-granted monopolies in the form of copyright ownership, and the provision of Internet service to individual customers — that are increasingly run by the very same companies.  No one would advocate that recreational beverage companies also be put in charge of municipal water management, would they?  But that’s effectively what we get when media companies are also in charge of the pipes through which the information flows.  If ever two functions should be wholly separate, it’s these two.

On the bright side, the more people get those warnings from their ISPs, the more allies we’ll have in the fight for the freedom to share culture and to communicate without restriction.  It would be hard to imagine a more effective constituency-building measure — and even better, the ISPs are paying for it.  I’m thinking of requesting a summary of their implementation costs, so we can send them a letter of thanks and a confirmation of that amount as a donation.

Sometimes ridicule is the best, indeed the only, argument.  Kudos to Rob Reid for his brilliant and hilarious TED Talk on the exciting new field of “Copyright Math”:

(If you have any trouble viewing it in your browser, try downloading the MP4 video file instead.)