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Should you stop suing Should you stop suing potential customers? potential customers? A supplementary presentation to a forthcoming video Prepared for COM 558, UW MCDM Program, Spring 2009 By Matthew Stringer

Copyright Infringement Online: Should you stop suing potential customers?

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A presentation for an upcoming video. Prepared for Kraig Baker's COM 558 course in the University of Washington's MCDM program, Spring 2009.

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Page 1: Copyright Infringement Online: Should you stop suing potential customers?

Should you stop suing Should you stop suing potential customers?potential customers?

A supplementary presentation to a forthcoming videoPrepared for COM 558, UW MCDM Program, Spring 2009

By Matthew Stringer

Page 2: Copyright Infringement Online: Should you stop suing potential customers?

Web Culture: Thou Shalt StealWeb Culture: Thou Shalt Steal

Trademark and copyright infringement is rampant on the web.

Page 3: Copyright Infringement Online: Should you stop suing potential customers?

But, maybe it’s fair use?But, maybe it’s fair use?

…the fair use of a copyrighted work …for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;the nature of the copyrighted work;the amount and substantiality of the portion used in relation to the copyrighted work as a whole; andthe effect of the use upon the potential market for or value of the

copyrighted work.

US Code, Title 17, § 107

Page 4: Copyright Infringement Online: Should you stop suing potential customers?

Behold, the power of the InternetsBehold, the power of the Internets

Page 5: Copyright Infringement Online: Should you stop suing potential customers?

Fair use? You be the judge!Fair use? You be the judge!

Found and exposed for the world…

Page 6: Copyright Infringement Online: Should you stop suing potential customers?

Uh oh… takedown notification!Uh oh… takedown notification!

Page 7: Copyright Infringement Online: Should you stop suing potential customers?

Protecting their copyrightProtecting their copyright

According to the owner of the Sonic the Hedgehog trademark, YTMND was in violation of the Digital Millennium Copyright Act.

YTMND flaunted the takedown notice and left the image up.

Is it commentary about an inappropriate segment of a Sonic cartoon? Is it parody? What is it?

Page 8: Copyright Infringement Online: Should you stop suing potential customers?

Law = ControlLaw = Control

“The DMCA has been used to invade the privacy of Internet users, harass Internet service providers, and chill online speech. The subpoena and takedown powers of Section 512 are not limited to cases of proven copyright infringement, and are exercised without a judge's review.”

Unsafe Harbors: Abusive DMCA Subpoenas and Takedown DemandsSeptember 2003

Page 9: Copyright Infringement Online: Should you stop suing potential customers?

New means of communicationNew means of communication

“…attempts to regulate intellectual property undercut the economic logic of media convergence, sending fans contradictory messages about how they are supposed to respond to commercial culture.”

Collective IntelligenceHenry Jenkins

Page 10: Copyright Infringement Online: Should you stop suing potential customers?

The face of infringementThe face of infringement

Page 11: Copyright Infringement Online: Should you stop suing potential customers?

The power of infringementThe power of infringement

“Nobody should take my work and do anything with it that is not approved! Ever, ever, never, ever take anything of mine and remix it! For instance, I will be very angry and possibly litigious if anyone out there takes this interview right here and remixes it with some great dance beat. And it starts showing up in clubs across America.”

Stephen Colbert, in an interview with Larry Lessig

Page 12: Copyright Infringement Online: Should you stop suing potential customers?

Summary: Embrace infringement!Summary: Embrace infringement!

"The entertainment industry would make more for artists if it embraced these technologies and found ways of doing business online. When you have six million people breaking the law, it's the law that needs changing, not the people.“

Becky Hogge, O.R.G.,quoted in The Times of

London

Page 13: Copyright Infringement Online: Should you stop suing potential customers?

CreditsCredits

Slide 2 - Twitter People search for “Mickey Mouse” Slide 2 - http://www.babble.com/CS/blogs/strollerderby/mickey_evil.png Slide 3 - US Code, Title 17, § 107 Slide 4 - http://www.warninglabelgenerator.com/ Slide 5 - http://badtouchtails.ytmnd.com/ Slide 6 - http://ytmndsega.ytmnd.com/ Slide 8 - http://www.eff.org/wp/unsafe-harbors-abusive-dmca-subpoenas-and-takedown-demands

Slide 9 - http://henryjenkins.org/klingonJenkins.jpg Slide 9 - http://web.mit.edu/cms/People/henry3/collective%20intelligence.html Slide 10 - http://www.ultimatehannah.com/ Slide 11 - http://cdn.pitchfork.com/images/original/148651.colbert.jpg Slide 11 - http://www.eff.org/deeplinks/2009/01/larry-lessig-colbert-report Slide 12 - http://spacepope4u.blogspot.com/2007/09/ytmnd-takes-on-marios-lack-of-foresight.html

Slide 13 - http://www.independent.co.uk/arts-entertainment/films/features/scene-stealer-the-axxo-files-1214699.html