12.0339 copyright; attempting not a crime

Humanist Discussion Group (humanist@kcl.ac.uk)
Fri, 15 Jan 1999 18:50:51 +0000 (BST)

Humanist Discussion Group, Vol. 12, No. 339.
Centre for Computing in the Humanities, King's College London

[1] From: David Green <david@ninch.org> (199)
Subject: COPYRIGHT: Webcast Discussion Thurs. Jan 14, 4-4:45pm

[2] From: David Green <david@ninch.org> (151)
Subject: The Public Domain and the Copyright Term Extension

[3] From: SJ Stauffer <stauffes@gusun.georgetown.edu> (15)

Date: Wed, 13 Jan 1999 13:37:12 -0500
From: David Green <david@ninch.org>
Subject: COPYRIGHT: Webcast Discussion Thurs. Jan 14, 4-4:45pm (EST)

January 13, 1998

Thursday, January 14 at 4:00-4:45 pm (EST)
(RealAudio required)

Cornell University's Steve Worona and Margie Hodges Shaw, Co-Directors of
Cornell's Computer Policy and Law Program will answer questionson
intellectual property issues, with a particular focus on "who owns what" on
university campuses. Questions may be submitted ahead of time
<mailto:expert@cren.net> or asked during the webcast.

This webcast is part of the Corporation for Research and Educational
Networking's series "TECH TALK WITH THE EXPERTS.

David Green

>From: Prue Adler <prue@arl.org>
>To: "Digital Future Coalition Discussion List" <dfclist@list.alawash.org>
>>Date: Wed, 13 Jan 1999 12:46:05 -0500 (EST)
>---------- Forwarded message ----------
> Please share this information with colleagues
> on related lists, internal or external.
> Corporation for Research and Educational Networking
> Find CREN at http://www.cren.net
>Listen to them and ask them questions -- right from your desktop!
> --> Thursday, January 14 at 4:00 pm Eastern
> --> with Margie Hodges Shaw, Policy Advisor, Office of
> --> Information Technologies and Steve Worona, Assistant to
> --> the Vice President for InformationTechnologies -- both of
> --> Cornell University, they are Co-Directors of Cornell's
> --> Computer Policy & Law Program
> --> http://seminars.cren.net/events/intelprop.html
>As networked computing becomes ubiquitous we all know that authors,
>publishers, and distributers find themselves unsure about just WHO owns
>WHAT. Our guest experts this week will share the latest wisdom about the
>"other" IP: Intellectual Property, and also address important IT legal
>questions like:
>* How personal are "personal" computers?
>* Where or what are our major legal exposures?
>* Are there special legal issues related to the Internet?
>* Who owns university data? PC files? E-mail?
>* Who owns university courses materials?
>* Do recent legislation and court opinions affect your
> job responsibilities?
>Be sure to tune in for this timely and free, distance independent
>professional development opportunity. You can ask your questions
>ahead of time (direct access to an expert!) or wait and ask them
>during the audio webcast, by sending a message to "expert@cren.net."
>In addition to holding the positions listed above our guests Steve
>Worona and Margie Hodges Shaw are Co-Directors of Cornell's Computer
>Policy and Law Program, which coordinates and delivers many conferences
>and workshops each year. Each is active as a speaker and contributor at
>academic-related information technology conferences and workshops such
>as those held by EDUCAUSE.
>Shaw is recognized as a national authority in the field of computer
>policy and law. She is a contributing editor to "Synthesis: Law and
>Policy in Higher Education" and a contributing author of the monograph
>"Contemporary Issues in Judicial Affairs," in which she addresses First
>Amendment issues and computer policy in higher education.
>Worona is the creator of Cornell's CUinfo, the first campus-wide
>information system and also serves on the editorial board of the
>"Journal of Electronic Publishing."
>This week's experts wrote "Legal Underpinnings for Creating Campus
>Computer Policy, in 1996."
>The Computer Policy and Law Program, of which they are co-directors,
>provides a number of useful, related resources online,
>http://cuinfo.cornell.edu/CPL, including:
> A collection of more than 720 Computer Policy and Law Policies
> catalogued by type and searchable by key word
> http://cuinfo.cornell.edu/CPL/Policies/
> A set of links to Academic Computer Policy and Law
> Organizations and Publications
> http://cuinfo.cornell.edu/CPL/academ.htm
> A related set of links to Intellectual Property Organizations
> and Publications
> http://cuinfo.cornell.edu/CPL/ipres2.htm
>The following books, available from Amazon.com, are a sampling of what
>is currently available in the intellectual property area:
> "Intellectual Capital: The New Wealth of Organizations"
> by Thomas A. Stewart
> http://www.amazon.com/exec/obidos/ASIN/0385482280/cren
> "Profiting from Intellectual Capital: Extracting Value from
> Innovation" (Intellectual Property Series)
> edited by Patrick H. Sullivan
> http://www.amazon.com/exec/obidos/ASIN/047119302X/cren
> "Digital Property" by Lesley Ellen Harris
> http://www.amazon.com/exec/obidos/ASIN/0075528460/cren
>Catch our Fall calendar at http://seminars.cren.net/events.html, or
>find general info at http://seminars.cren.net/techtalk.html. Bookmark
>these sites!
>Topic: Intellectual Property & Other IT Legal Issues
>Who: Guest Expert: Margie Hodges Shaw, Policy Advisor,
> Office of Information Technologies and Steve Worona,
> Assistant to the Vice President for Information
> Technologies -- both of Cornell University. They are
> Co-Directors of the Computer Policy & Law Program.
> http://cuinfo.cornell.edu/CPL/
> Technology Anchor: Howard Strauss, Manager of Advanced
> Applications, Princeton University
> Co-Host: Judith V. Boettcher, Executive Director,
> Corporation for Educational Research and Networking
> (CREN)
>When: Thursday, January 14 from 4:00 pm to 4:45 pm Eastern
>Where: http://seminars.cren.net/events/intelprop.html
> To join the webcast, just go to this URL, and then
> select the highlighted date. That link becomes active
> at 4:00 pm Eastern.
>How: At your desktop work station, listening to the live
> Audiocast using RealAudio
>CREN'S home page
> http://www.cren.net
>General "Tech Talk" Info
> http://seminars.cren.net/techtalk.html
>Fall Calendar of Events
> http://seminars.cren.net/events.html
>Sign Up to Receive Reminders by Email
> cren@cren.net
>Ask Questions During the Event
> expert@cren.net
>Archives of Earlier Events
> http://seminars.cren.net/reguser/archeven.html
>These Tech Talk Webcasts are designed for faculty and staff
>at CREN member institutions. CREN, the Corporation for Research
>and Educational Networking, is at http://www.cren.net.

David L. Green
Executive Director
21 Dupont Circle, NW
Washington DC 20036
202/296-5346 202/872-0886 fax

See and search back issues of NINCH-ANNOUNCE at

Date: Thu, 14 Jan 1999 13:06:46 -0500
From: David Green <david@ninch.org>
Subject: The Public Domain and the Copyright Term Extension Suit

January 14, 1998

Harvard's Lawrence Lessig Sues Congress on behalf of Eldritch Press

Below are two reports on the remarkable suit conducted by Lawrence Lessig,
Harvard Law Professor and faculty member at the Berkman Center for the
Internet & Society, on behalf of Eldritch Press, a notable non-profit press
that posts public domain literary works onto the Internet
(<http://eldred.ne.mediaone.net/>), one from PRNewswire
<http://www.prnewswire.com>; the other from NCC "Washington Update

See http://eldred.ne.mediaone.net/open_source_books.html for details of the
OPEN SOURCE BOOKS CAMPAIGN to preserve the Public Domain and plans for
creating a Digital Copyright Conservancy Center.

David Green

>From: Barry Szczesny <bszczesn@aam-us.org>
>To: "'david@ninch.org'" <david@ninch.org>
>>Date: Wed, 13 Jan 1999 14:30:37 -0500
>Berkman Center Update: How Long Is Too Long?
>Recent Congressional Copyright Giveaway Claimed Unconstitutional
>CAMBRIDGE, Mass., Jan. 12 /PRNewswire/ -- The following is a statement
>issued by the Berkman Center: Lawrence Lessig, the Berkman Professor of
>Law at Harvard Law School, announced today the filing of a lawsuit on
>behalf of Eldritch Press, a non-profit organization that posts literary
>works in the public domain onto the Internet. The suit challenges
>Congress's recent retroactive extension of the term of copyright by
>another twenty years. Professor Lessig is joined as counsel by
>Professor Charles Nesson and Jonathan Zittrain of the Berkman Center for
>Internet & Society at Harvard Law School, and Geoffrey Stewart and
>Pamela Jadwin of the law firm of Hale and Dorr, LLP.
>In 1790, Congress provided for up to twenty-eight years for a work's
>copyright--after which the work would enter the public domain, freely
>copyable and usable by anyone. Since then, Congress has enacted a
>series of extensions, including the Copyright Act of 1976, which
>provided for copyright terms of up to seventy-five years--retroactively
>extending copyright for works written long ago and otherwise about to
>enter the public domain.
>Last year, Congress once again retroactively extended copyright terms
>through the Sonny Bono Copyright Term Extension Act of 1998 (CTEA). A
>book published in 1923 under the old law would have come into the public
>domain on January 1, 1999, but under the new statute the copyright
>prevents the work from entering the public domain until January 1, 2019.
>"You get the feeling that works created on or after 1923 seem destined
>never to enter the public domain; Congress arbitrarily extends the
>copyright monopoly on them every twenty years, by another twenty years,
>like clockwork," said Zittrain. "It's particularly troublesome when the
>speed and access of the Internet promises a substantial audience for the
>works that remain locked up."
>Fortunately, the Constitution offers clear guidance on the subject. In
>enumerating Congress's powers in Article I, section 8, it clearly says
>that Congress may "... promote the Progress of Science and useful Arts,
>by securing for LIMITED TIMES to Authors and Inventors the exclusive
>Right to their respective Writings and Discoveries" (emphasis added).
>"The Constitution empowers Congress to propose a bargain whereby authors
>have a limited time to benefit exclusively from their work, after which
>the public may freely benefit from the intellectual property they
>create," said Nesson. "This allows for an economic incentive to publish
>while also respecting the public's ultimate right to share and share
>alike with speech. That's why the Constitution provides that Congress's
>judgment be carefully scrutinized when it seems intent on making a
>copyright go on indefinitely -- or when it allows for the odd bargain
>of, retroactively, more monopoly time for authors who are long dead, or
>have long since transferred their rights in their work to someone else,
>having been fully willing to work with the shorter copyright time limit
>at the time they wrote."
>Eric Eldred founded the Eldritch Press in late 1995 as a means of
>demonstrating that computers could be used to present books on the
>Internet in new ways, and in ways that improved upon the capabilities of
>print books. Initially, the Eldritch Press began with works of American
>literature, by authors such as Nathaniel Hawthorne, Oliver Wendell
>Holmes (Sr.), and Henry James. Because some of the works Eldritch Press
>posts are not included in library collections or are long out of print,
>they are not obtainable by the public in any other way. The Eldritch
>Press now posts new works the moment they enter the public domain.
>The Eldritch Press site receives as many as 4,000 visitors per day and
>has been accessed from virtually all countries in the world. It has
>been recognized as one of the 20 best humanities sites on the Web from
>edSITEment (National Endowment for the Humanities).
>More information about the case, and an opportunity to join a coalition
>in support of it, may be found at

>01/12/99 17:46 EST http://www.prnewswire.com

* * * *

>From: Page Miller <pagem@CapAccess.org>
>Date: Wednesday, January 13, 1999 4:37 PM
>Subject: NCC Washington Update, Vol 5, January 13, 1999 (fwd)
>NCC Washington Update, vol 5, #2, January 13, 1999
> by Page Putnam Miller, Director of the National Coordinating
> Committee for the Promotion of History <pagem@capaccess.org>
>1. Lawsuit Filed Against the Copyright Extension Act
>2. Update on Millennium Grants
>1. Lawsuit Filed Against the Copyright Extension Act -- On January 12 the
>Berkman Center for Internet and Society at Harvard Law School and the
>Washington law firm of Hale and Dorr submitted on behalf of the Eldritch
>Press a complaint in the United States District Court for the District of
>Columbia that calls for the recently passed Copyright Term Extension Act
>of 1998 (Public Law No. 105-298) to be declared unconstitutional. The new
>law extends copyright protection for twenty years. The original copy
>right statute of 1790 granted copyright terms of 14 years, with a 14 year
>renewal period. This was extended in 1831 to 28 years, with the renewal
>term of 14 years. In 1909 the renewal term was broadened to 28 years,
>creating a total possible copyright term of 56 years. In 1962 Congress
>passed a series of laws that in some cases extended copyright for as long
>as 70 years. Amendments passed in 1976 extended the total term allowable
>to 75 years. The Copyright Term Extension Act of 1998 extended the total
>term, in some cases, to as much as 95 years.
>Established in 1995 Eldritch Press, a non-profit association, is committed
>to demonstrating the expanded capabilities of electronic books and to
>making available on the Internet books that are in the public domain. The
>National Endowment for the Humanities' edSITEment project has recognized
>the Eldritch Press Web site as one of the 20 best humanities sites on the
>Web. The Eldritch Press often posts works as soon as the works enter the
>public domain and had intended, for example, to post this year Robert
>Frost's "New Hampshire," which was published in 1923. However, the new
>law would make the posting of this work a criminal offense.
>The complaint filed in court argues that the U.S. Constitution provides
>for authors and inventors to have exclusive rights to their respective
>writings and discoveries for only a "limited" time. Upon the expiration
>of a copyright, the Constitution envisions the material to be freely
>copyable and usable by anyone as a means "to promote the Progress of
>Science and useful Arts." The complaint states that the Congress has been
>continually extending copyright retroactively and has far exceeded the
>intent of the Constitution of "limited" protection. The extension to
>protection by another 20 years, the complaint argues, undermines the
>promotion of the public good.
>The Eldritch Press Web which includes works of American literature as well
>as French and Russian literature, may be found at
><http://eldred.ne.mediaone.net/>. More information on this case can be
>found at <http://cyber.law.harvard.edu/eldredvreno> .

Date: Fri, 15 Jan 1999 07:26:26 +0000
From: SJ Stauffer <stauffes@gusun.georgetown.edu>

Edupage, 14 January 1999. Edupage, a summary of news about information
technology, is provided three times a week as a service of EDUCAUSE,
an international nonprofit association dedicated to transforming higher
education through information technologies.

The Supreme Court in Norway has ruled that it's not a crime to try to break
into someone else's computer system, because people should expect others to
try to invade their systems, and take measures to protect themselves. There
is a crime, ruled the court, only if the system is actually breached. The
case developed out of an attempt by a computer security company to break
into the University of Oslo's computers through the Internet, to contribute
to a feature story by the Norwegian state broadcasting network. Apparently
the security company mapped holes in the university's computer security, but
did not break in, tamper with, or steal any information. (USA Today 13 Jan

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