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Social Media & Internet Law - Discussion

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Introduction Scary things in copyright law Common sense things to care about Questions

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Agenda

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Silicon Valley tech lawyer for >20 years Intellectual property lawyer Patents, copyrights, trade secrets

General counsel of a computer game company

Currently work in the movie industry Technology research on digital distribution Content protection and piracy prevention

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Introduction

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Fingerprinting videos & songs YouTube Content ID, Shazam, IntoNow,

Auditude Vobile, DTecNet, Irdeto

Anti-piracy vendors Crawl and download billions of clips and videos Compare to databases of fingerprints Find movie & TV content posted without

permission3/22/2013

Content identification

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UGC/YouTube sharing P2P/BitTorrent downloads Cyberlocker downloads Video streaming sites Links to infringing materials Facebook, Twitter, blog sharing

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Internet Statistics Gathering

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Jammie Thomas-Rasset - $222K/24 songs Joel Tennenbaum - $675K/30 songs Kim Dotcom – New Zealand/Megaupload Aaron Swartz – federal indictment/scholarly

articles Bradley Manning – WikiLeaks

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Scary things

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Developed for a prior generation of technology Has not kept up Everybody’s winging it Making up rules as we go Testing them in court Disrupting established practices & business

models Risking the consequences

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Copyright law - few clear rules

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Chillingeffects.org eff.org/issues/bloggers/legal/liability/IP Creativecommons.org google.com/transparencyreport/removals/

copyright/faq/

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Things to check out

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Common sense things to care about

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Truth What do artists and companies care about?

Their livelihood usually Linking, deep linking Quoting, copying Sampling Facts & ideas Government documents Fair use

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Common sense things to care about

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News reporting, commentary, criticism, research, teaching and scholarship

No blanket protection Purpose – public info, commercial, etc. Type of work copied – factual, opinion,

expression Extent of copying Effect – economic harm

Fuzzy rules, but common sense a good guide3/22/2013

Fair use – general rule

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Common sense a good guide Music – small samples

Harlem Shake lawsuits Video – same, don’t give away the key scene Photos – hard to use without taking the

whole thing Photographers care a lot

Link to legal sources where possible

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Fair use – fuzzy