Computer Ethics, Fall 2021

Class 4 Readings

How Indian lawyers, scientists gave Sci-Hub its first legal defence team

https://news.careers360.com/sci-hub-scihub-libgen-alexandra-elbakyan-lawsuit-india-delhi-high-court-du-sol-delhi-university-iiser-jnu-mit-iit-science-research-elsevier

It's not clear the case is going well, but it's being actively defended. India has relatively strong Fair Use tradition.

Google and Apple assist Putin's election by removing opposition apps from their app stores.

https://netblocks.org/reports/russia-restricts-opposition-election-voting-app-from-apple-app-store-and-google-play-store-JBZrPaB6

Trouble in the VPN industry due to consolidation

https://blog.windscribe.com/consolidation-of-the-vpn-industry-spells-trouble-for-the-consumer-57e638634cf0

But note Windscribe is itself a VPN operator.

Paper 1: discussion of USC 512(f) added, and why it does not seem to work.

Fair Use.

Two definitions of transformative use:

• You change the style, appearance or genre, but the new version still represents a creative work
• You change to a fundamentally different purpose, such as informing the public, or search

Which should it be? Judge Pierre Leval thought the requirement for Fair Use should be that it would "fulfill the objective of copyright law to stimulate creativity for public illumination", which might be either. But the first option does come close to describing derivative works.

Theft! A Musical History: Bridgeport case at p 173 (link in the Music Sampling case)

Drake and Jimmy Smith update

Kelly / Perfect 10

Cariou v Prince

Google v Oracle

Does the Napster model work for film?

Laws

Sony v Universal, 1984

Dowling, 1985

Feist v Rural, 1991: it has to be original

MGM v Grokster

DMCA

    OCILLA

    Mail & Guardian

Viacom v YouTube

Server-based filesharing and SOPA/PIPA (laws that seemed inevitable but which ultimately did not pass)

Lawsuits against Users

Google Books