Comments on: no potential for a substantial noninfringing use? Blog, news, books Thu, 12 Oct 2017 08:56:00 +0000 hourly 1 By: crane hire Wed, 08 May 2013 22:26:19 +0000 This crane consisted of the rope, winches, jibs (tilted mounts to help the base),
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By: Tom Barger Sun, 01 Aug 2004 18:33:21 +0000 Hello All:
Thanks for the correction. I urge everyone to read Peter Lopez’ notes and let the full import of Hatch’s exchange with Peters settle in.

If anyone else in the Western Hemisphere managed to snare the live stream, I defer to your pre-eminence. As of now, the link on Hatch’s page is a dead letter.

If I am capturing a real time live/stream, at certain places the picture will hang and freeze. This has caused me extreme puzzlement on some other concert projects to which we own the rights. So let this be a workaround suggestion for those of you who are attempting to capture streams.

It wasn’t until this Senate event I realized what an odd conjuncture of sunspots and bad astrology was creating–because the entire duration of the movie would be out-of-lipsync afterwards. And I think after 33 years in Hollywood post-production, I’ve seen every kind of sync drift possible, from PAL 24 frame conversions, including the excuse that the “dog ate the tapes.” And this one doesn’t fit any paradigm known to western science.

Okay–put the captured movie into a video editing program. PULLUP or delete the freeze shots and guess by eyeball how to get the lipsync back on. I am dubious in fact (still) if the entire movie is in good lipsync in the rest of the movie.

I think people familiar with Flash animation would recognize a similar situation with the checkbox that says: “yes, I want to drop video frames so that audio will continue without belching.” The concept that we use in video such as 15 frames per second or 29.97 have no correlation to audio, which free runs.

So I’m stuck with a lipsync glitch for another 90 minutes of movie. Where did it happen? I found two freezes. I did a PULLUP. By bringing the video into an editing program such as Final Cut, I’ve created an additional 12 hours (approx) of added rendering time and labor for myself. No fun at all.

Now imagine my discomfort of losing 2 seconds, like the infamous Nixon tapes…because the section with MaryBeth Peters dissolving into rapture under Hatch’s flirtation is the most telling of all (in my book.) Your notes about what they really discussed is indeed important, and if you’ve read my responses on Lessig Blog and Dmusic, I am here and now calling for Ms. Peter’s resignation.

I saw her in action at the USC Hearings for two days and I was dumbfounded that she held her head in her hands and could not follow the simplest explanations of copying to RAM, etc.

I can think of no stronger demonstration of “regulatory capture” than the Copyright Office. And Ms. Peters’ shameless pandering in the Hatch Hearings should be brought up again and again. That would seemingly necessitate the public having equal access to the replay button, wouldn’t it? Because politicians can no longer claim they didn’t say what we saw them say when they said it. Shades of Bill O’Reilly, batman!

I had a meeting with a Congressional person 18 months ago and (s)he said, “We will set up a Music judge. The copyright Office is unacceptable for three reasons: (1) They didn’t get computerized like I asked ten years ago (2) They are TOO OLD and (3) they are in the pocket of the industry.”

If a case can indeed be made that regulatory agencies can die (as corporations do, according to fundamentalist ideologues) then we follow the principles Nader espoused in giving the Civil Aeronautics Board a decent burial. In fact, I’m not above recommending the same merciful breakup of the FCC and the FBI. But not for any ideology of free market voodoo. Simply this, that regulatory capture is at an all-time level of disgrace. And no where more pronounced than the Copyright Office, which hires staff lawyers straight out of Arnold & Porter.

Congressman Boucher has stated, “Only a handful of people in both houses of Congress understand computer networking.”

But the seminal book is coming out. I have read Wm. Terry’s Fisher’s book due this month. With a very generous tip of the hat, Professor Fisher has combined the great intellectual reckonings of Neal Netanel, Lessig, Yochai Benkler, John Gilmore, Siva Vaidhyanathan, Jonathan Zittrain and some dozen others�the equivalent of the Yankee’s Murderer’s Row–and what we have here is the creation of a brand new way of rewarding authors. If the Copyright Office refuses to acknowledge this research, then we will do an end-run.

The Copyright Office will go the way of the Sperm Whale registry.

By: Peter A Lopez Sun, 01 Aug 2004 16:23:37 +0000 The being Bit Torrented is Edited.

here’s a transcript of some of the edited out parts (I blame my fingers for all typos):

~20:30 : Senator Orrin Hatch is talking to the Honorable Marybeth Peters:

Orrin Hatch (OH) : “During the august recess, I would like your office if they can to assist this committee in the efforts to identify and resolve potential concerns about potential abuses of international and domestic and intentional inducement liability. Could we count on your to help us with that?”
Marybeth Peters (MP) : “Absolutely, I just identified this as the most important question in copyright today. We would be more then happy to assist the comitte in facilitating, umm, and bringing about a hopefully a result that could work”
OH : “Yeah i’d heard that so I was just making sure that you…”
(Edit Start)
MP : “We would never say no to you”
(Edit End)
OH : “We’ll that is an interesting comment”
Everyone : ‘laughing’
Patrick Leahy (PL) : “It’s certain… it’s certainly the attitude of all the senators up here”
Everyone : ‘laughing’
(Edit Start)
OH : “Don’t worry your sterling reputation is intact. I just want you to know that.”
Everyone : ‘laughing’
OH : “We’ll turn to Senator Leahy if he has any questions.”
PL : (undeciferable) “…flustered mister chairman. We are delighted (something) your here. You have been an enormous help, to this committee. I cannot think of a time that any member of the committee, Republican or Democrat, has asked from help from you or your office. They’ve always gotten it. And it’s the mark of a… your a mark of a type of people in our our government that makes our government work well. I mean that as a compliment to you, you really do.”
MP : “Thank you very much”
(Edit End)
PL : “Now one of the concerns I have is the failure of the….

You can get an .mp3 which is more complete from here:

By: Dean Marlettsmith Sat, 31 Jul 2004 18:46:14 +0000 Which presidential candidate will be better for the Internet?

By: twila Fri, 30 Jul 2004 15:47:56 +0000 the new issue of filmmaker magazine contains a cool article – about the mpaa and valenti’s life work of fighting the war on piracy. it doesn’t tell us anything that we don’t already know seeing as how we are on lessig blog, but it does say things that are not normally published in hollywood and is getting a response (good and bad) from those who are not acustomed to such honest reasoning.

By: anonymous Fri, 30 Jul 2004 14:36:15 +0000 In this video he keeps talking about these huge for-profit piracy rings that are using peer to peer software to profit from their illegal piracy. Am I the only one that doesn’t understand how anyone is getting rich from filesharing? Where do these pirates get any money at all from? Do they sell CDs and DVDs on ebay?

By: Shmoo Fri, 30 Jul 2004 08:24:45 +0000 Way to go tomsong!

Shmoo, of Electric Gypsy
Support Local and Independent Music!

By: tomsong Fri, 30 Jul 2004 00:13:34 +0000 I met with Boucher at a picnic an hour ago and caught up on the latest news. He is looking forward to blogging on in a few weeks. Let’s have a good one, folks.

Last month I told Boucher I had saved selected video highlights of the DMCRA Hearings. I was blown away at the killer panel he assembled May 12—so at our last meeting I left Boucher with a letter to his staff and the House Tech Committee that I was requesting a broadcast TV videotape of the DMCRA Hearings. These are listed as belonging to the public domain.

With Sen Kevin Murray’s help, I have had no trouble in the California Senate getting prompt video copies of hearings. The FCC has a contract that does similiar. To me, the unshakable policy is to shine some sunlight into who, how and where these lobbyists are influencing politicians.

See Hatch and Leahy explain their logic. Where are the rest of the Senate Judiciary Committee at these hearings?

Let the tyrants tremble.

By: lessig Thu, 29 Jul 2004 22:51:31 +0000 It’s working.

By: Ron Thu, 29 Jul 2004 19:50:56 +0000 Has anyone tried the torrent file? We have, and we keep getting a bad tracker error.

By: Gary Lerhaupt Thu, 29 Jul 2004 19:15:42 +0000 Joe– thanks for the heads up. I blogged your torrent so that Torrentocracy users can download this to their MythTV setup directly. You should consider creating an enclosure enabled blog for dmusic.

By: Justin Thu, 29 Jul 2004 19:08:23 +0000 What we really need is a law that says that for the first 6 months or year after the passage of a new law that outlaws certain devices/substances/behaviors, those laws only apply to our Senators and Representatives, and the top ten donors to any sponsors and co-sponsors of that law. After this “trial balloon” phase, we can see if the sponsors are still in favor of the law.

Alternately, I’d like to see the EFF represent an independent filmmaker or musician and sue the pants off manufacturers, distributors, and advertisers (sp?) of VCRs, cassette recorders, CD burners, and camcorders. VCRs obviously steal Intellectual Property off TV, cassette recorders (especially dual-deck recorders) are used in bootlegging, CD burners are only used to pirate mp3s and software, and camcorders are the #2 source of movies on those child-porn distributing p2p networks while they’re still in the theater (behind insider leaks).

And make sure to publically thank Senator Hatch every time the media asks why you’re doing this. I’m sure he’s got several choice quotes on doing it “for the children” and that pirates need long prison sentencs. Slap an injunction on the sale or distribution of all those devices in a certain judicial district, and make sure you can counter every statement he makes to the effect of, “Well, I didn’t mean for VCRs to become illegal!” And if he doesn’t have the quotes to offer up, I’m sure we can get them from the head of the copyright office. Quote all the BSA, RIAA, and MPAA statistics about their losses, and throw in Valenti’s quote from last year’s interview with a Harvard student about how the VCR is still costing them billions of dollars.

Full speed ahead, and damn the torpedoes! :)

By: Seth Finkelstein Thu, 29 Jul 2004 18:51:24 +0000 One of the points made in the hearing is basically, anything has “potential”, in a sort of trivial, by-definition, way.

We really need to grapple with this issue. The Napster case was a legal rebuttal of the trivial argument.

By: Joe Knapp Thu, 29 Jul 2004 18:50:36 +0000 Actually, we’ve got a torrent up. Click onward and disseminate freely!

By: Gary Lerhaupt Thu, 29 Jul 2004 18:36:54 +0000 Is this licensed freely? If so, I’ll host it on Irony is good.