Sniter points out that the recent Search King decision involving Google’s Page Rank technology could be viewed as the acknowledgement by the court that Google’s discretion in the construction of the Page Rank represents the expressive nature of such code.

Accordingly, the Court concludes that Google’s PageRanks are entitled to First Amendment protection.

Code is speech. It’s like a mantra. Chant early, chant often

LawMeme’s initial coverage and reaction to the decision.

The Economist on copyrights

Digital technologies are not only making it easier to copy all sorts of works, but also sharply reducing the costs of creating or distributing them, and so also reducing the required incentives. The flood of free content on the internet has shown that most creators do not need incentives that stretch across generations. To reward those who can attract a paying audience, and the firms that support them, much shorter copyrights would be enough. The 14-year term of the original 18th-century British and American copyright laws, renewable once, might be a good place to start.

Hey, why settle for less?

[Via Lessig]

Update: actually, the whole serie titled « Survey: the internet society » is quite interesting. It starts with « Digital Dilemmas« .

An interesting take on the evolution of culture and copyright

Good art is good PR: Artists used to be sponsored by the very rich, partly so that the patrons might be remembered by their association with a work of art valuable (and preserved) for its own sake. Today’s artists are sponsored by middlemen (broadcasters, content providers, music publishers, etc.) to create content for its own sake, which is then bundled with advertisements and sold or otherwise distributed to the public – but in a copyright-controlled fashion.

Coming soon to our universe: advertisers who sponsor art where « product placement » is an integral feature of the art itself. Check out www.bmwfilms.com as an example of cool content that wants to be free – and freely distributed. Will this kind of art outlast the product?

[via Bill Fitler’s HeisenBlog]

GrepLaw reports that news.com reports that the CRTC decided over the iCraveTV/JumpTV issue.

I really don’t know enough about the issue to comment. I just know that it’s one more area, along with P2P and radio webcasting that no one will touch for a while. Can’t see that as a positive thing.

I was just reading about the WIPO Copyright Treaty, in particular on the
interpretation of the right of communication to the public (art.8).

The WIPO
Expert Committee, in its Basic Proposal for the Substantive Provision of the
Treaty on Certain Question Concerning the Protection of Literary and
Artistic Works, considered
that the term « communication » involves « making the work available, not the
mere provision of server space, communication connections, or facilities for
the carriage and routing of signals »[emphasis added].

Hillary Rosen (RIAA), probably does not
think the same.

CNET reports that last Saturday, during the Midem
music conference on the French Riviera, she affirmed that ISPs « must be held
accountable » for online piracy, considering that they are profiting of the
growing demand of broadband services: « Let’s face it. They know there’s a
lot of demand for broadband simply because of the availability (of
file-sharing) ».

« RIAA: ISPs should pay for music swapping », CNET, January 18, 2003

[Via the Cla morning news report] Did you thing I was that inspired at 7h30 in the morning?

Update: also picked up by Lawmeme

Siva Vaidhyanathan [blog] in Salon about Eldred.

While disobedience might be more fun, the power of civil discourse remains. In fact, the ruling gives public interest activists both motivation and ammunition in the continuing battle against the excessive expansion of the power to control information and culture.

It echoes the « we lost a battle but not the war » mood shared by many, including Lessig.

For all things Eldred, Copyfight circa Jan 15 is the de facto reference.

And since in my daily Cla update included a link to Siva Vaidhyanathan’s blog, it’s only fair I mention his book, which I learned about this this morning. The title is « Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity« . I admit I’m curious.