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05 Sep 2024
The Internet Archive's Controlled Digital Lending (CDL) lends out scans
of physical books, ensuring that each
scan is lent to one person at a time. Publishers sued nd the Archive lost thoroughly in April 2023.
The Archive
appealed the decision
to the Second Circuit court in New York.
As I said at the time, the appeal seemed like a long shot since that is the same court
that said that Google Books was OK, mostly because it didn't provide full copies of the books.
Yesterday the court
published its decision and unsurprisingly, the Archive still lost.
See more ...
Stable link is https://jl.ly/Copyright_Law/archappeal.html
15 Apr 2024
One of the major issues in building the Internet or any large network
is internetworking.
If you have two networks built and run by different entities, how do
you connect them together?
The Internet addressed this problem in two ways.
One is by layering, so that consistent upper layers can hide differences
in lower layers.
(In my office I have devices using wired Ethernet, fiber, wifi, and 5G,
all looking the same at the Internet level.)
Another is gateways, connecting things togeher and translating the
differences, which to some extent is what fiber modems and routers do.
But the Internet is hardly the first time these questions have arisen.
See more ...
Stable link is https://jl.ly/Internet/gauge.html
23 Mar 2024
Jay Fink had an interesting little business.
If you lived in California, you could give him access to your email account,
he'd look through the spam folder for spam that appeared to violate the
state anti-spam law, and give you a spreadsheet and a file of PDFs.
You could then sue the spammers, and if you won,
you'd give Fink part of the money as his fee.
Last July the state of California told him to get a Private Investigator license or close
his business.
Since the license requires 6,000 hours of training in fields having nothing to
do with looking at spam (e.g., arson investigation), Fink closed his business and sued
the state.
In January, each side filed motions and last week
the judge issued
the first significant order in the case.
Fink didn't entirely win, but pretty close.
See more ...
Stable link is https://jl.ly/Email/finkwin.html
22 Jan 2024
Jay Fink had an interesting little business.
If you lived in California, you could give him access to your email account,
he'd look through the spam folder for spam that appeared to violate the
state anti-spam law, and give you a spreadsheet and a file of PDFs.
You could then sue the spammers, and if you won,
you'd give Fink part of the money as his fee.
While the federal CAN SPAM law largely preempts state laws, it lets states
add their own penalties for fraudulent or misleading spam.
California is one of the few states with a usable law, and one of the
few that lets spam recipients sue in small claims court.
The spammers tend to pay to settle rather than going to court (because
they are pretty sure they'd lose) so this was a way to make life
more difficult for the spammers, paid for by the spammers.
Last July, the state of California shut him down, saying that the stuff
he was doing needed a Private Investigator (PI) license.
The license is quite expensive and requires 6,000 hours of training in
a field like arson investigation or insurance adjustment.
Fink thought this was ridiculous, since none of the training would have anything
to do with looking for spam, and the requirements were grossly excessive for what he did.
He sued the state, supported by the Institute for Justice, a libertarian public interest law firm.
Last week the parties filed the first substantive exchange, in which
the state moved to dismiss the case, and Fink's lawyers said not
so fast.
See more ...
Stable link is https://jl.ly/Email/spamfink.html
08 Jan 2024
In the past few months there have been four similar suits filed in New York against OpenAI and Microsoft.
All four look superficially similar, and all are likely to be heard by the same judge, but one of them
is a lot stronger than the other three.
See more ...
Stable link is https://jl.ly/Copyright_Law/openai3.html
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