March 16, 2004
National Debate survives copyright complaint

Dan Gillmor reports that the New York Times has decided not to play the heavy over the National Debate's NYT Corrections page.

It seems NationalDebate offered "corrections" to NYT op eds, in a format that looked much like the Gray Lady's own. NYT sent a DMCA takedown demand to ND's ISP, claiming copyright infringement. As befits a news organization, the Times has conceded that ND had a right to parody their style, so long as it didn't confuse readers. Interestingly, the underlying complaint actually sounds more in trademark -- the NYT didn't want readers confused about the source of these "corrections," and trademark law protects against consumer confusion -- but NYT, like others we've seen, used copyright claims because the DMCA gives quick takedown process. I'm glad to see this resolved in a legally reasonable manner.

Posted by Wendy at 12:00 PM
Free vs. "Free"

Starbucks has been in the news for the free music-listening stations it's rolling out to stores -- stop by for a few minutes of selected music with your frappucino, and maybe buy a CD on your way out. Frankly, I like the way shops around Austin have been doing it better, especially around SXSW: Open up your laptop for free WiFi access, choose any music you like from the SXSW playlist or Magnatune and listen all you want while you sip, browse, or work.

Posted by Wendy at 06:30 AM
March 14, 2004
Power to the People at SXSW

Not long after Cory blogged SXSW's no-photos, no-electricity policies, Jon announced his "photograph as much as you want" policy for his panel, and noted that it was now licit to plug in to the hallway outlets at SXSW. Thanks Jon and Cory. I'm happy to allow reporting at my panel tomorrow.

Posted by Wendy at 07:49 AM
March 10, 2004
Fair Use and Political Speech: Priceless (MasterCard v. Nader)

Thanks to LawGeek for sharing news of Ralph Nader's "priceless victory." A mere 3 1/2 years after Nader ran "Priceless" TV ads, a court has granted his motion for summary judgment, finding no copyright or trademark infringement. The decision offers nice analyses of copyright fair use and trademark non-commercial use, and you've got to love phrases like:

As a matter of law, plaintiff has failed to show a genuine issue of material fact as to the likelihood of confusion between MasterCard's financial services and Ralph Nader's 2000 presidential political campaign.

Now if Nader would just take this win and retire... In the meantime, let's see Pat Buchanan pick up some of the votes on the other side: Run Pat Run.

Posted by Wendy at 09:46 AM