First Sale Under Siege: If You Bought It, You Should Own It
By Corynne McSherry | EFF | December 23, 2012
The “first sale” doctrine expresses one of the most important limitations on the reach of copyright law. The idea, set out in Section 109 of the Copyright Act, is simple: once you’ve acquired a lawfully-made CD or book or DVD, you can lend, sell, or give it away without having to get permission from the copyright owner. In simpler terms, “you bought it, you own it” (and because first sale also applies to gifts, “they gave it to you, you own it” is also true).
Seems obvious, right? After all, without the “first sale” doctrine, libraries would be illegal, as would used bookstores, used record stores, etc.
But the copyright industries have never liked first sale, since it creates competition for their titles (you could borrow the book from a friend, pick it up at a library, or buy it from a used book seller on Amazon). It also reduces their ability to impose restrictions on how you use the work after it is sold.
Two legal cases now pending could determine the future of the doctrine. The first is Kirtsaeng v. Wiley & Sons. In that case, a textbook publisher is trying to undercut first sale by claiming the law only covers goods made in the United States. That would mean anything that is made in a foreign country and contains copies of copyrighted material – from the textbooks at issue in the Kirtsaeng case to shampoo bottles with copyrighted labels – could be blocked from resale, lending, or gifting without the permission of the copyright owner. That would create a nightmare for consumers and businesses, upending used goods markets and undermining what it really means to “buy” and “own” physical goods. The ruling also creates a perverse incentive for U.S. businesses to move their manufacturing operations abroad. It is difficult for us to imagine this is the outcome Congress intended.
The second is Capitol v. Redigi. Redigi is a service that allows music fans to store and resell music they buy from iTunes. Here’s how it works: customers download Redigi software and designate files they want to resell. Redigi’s software checks to make sure the files came from iTunes (so it knows they were lawfully purchased), pulls the data files from the reseller’s computer to cloud storage, and deletes them from the reseller’s hard drive. Once the music is in the cloud, other Redigi users can buy it. When a purchase is made, Redigi transfers ownership of the file and the seller can no longer access it. At last, a way for users to exercise their traditional right to resell music they no longer want.
No way, says Capitol Records. According to Capitol, the first sale doctrine simply doesn’t apply to digital goods, because there is no way to “transfer” them without making copies. When users upload their music to the cloud, they are making a copy of that music, whether or not they subsequently (or simultaneously) delete it from their own computers, and the first sale doctrine doesn’t protect copying.
A win for Capitol would be profoundly dangerous for consumers. Many of us “buy” music, movies, books, games etc. in purely digital form, and this is likely to be increasingly true going forward. But if Capitol has its way, the laws we count on to protect our right to dispose of that content will be as obsolete as the VHS tape.
The Redigi case also highlights another growing problem. Not only does big content deny that first sale doctrine applies to digital goods, but they are also trying to undermine the first sale rights we do have by forcing users to license items they would rather buy. The copyright industry wants you to “license” all your music, your movies, your games — and lose your rights to sell them or modify them as you see fit. These “end user license agreements” reinforce the short-sighted policies that prevent us from lending ebooks to friends, re-selling software packages, or using text-to-speech to read ebooks aloud.
We have been worried about the future of first sale for a long time, but it seems we are reaching a new crisis point. We need to be prepared to tell elected lawmakers that we stand up for first sale, whether the threat comes from arcane import regulations, dangerous legal interpretations, or onerous End User License Agreements. EFF has joined Demand Progress and the Free Software Foundation in giving you a platform to contact your legislators to urge them to stand up for first sale.
Click here to read other blog posts in this series.
Related articles
- Your Right to Own, Under Threat (eff.org)
Zionist lobbies seek to restrict Press TV activities in US: Analyst
PressTVGlobalNews | December 22, 2012
United States Zionist lobby groups seek to limit the activities of Press TV in America over fears of losing the propaganda war, a human rights activist tells Press TV. This is while the US House of Representatives has recently approved a ‘defense bill’ that includes new anti-Iran sanctions on broadcasting, another almost USD500 million for the Israeli regime’s missile systems and approximately USD89 billion for its war in Afghanistan.
To further discuss this, Press TV’s News Analysis program has conducted an interview with William Spring, a human rights activist from London, Danny Schechter, editor with the mediachannel.org, from New York, and Omar Nashabi, Al-Akhbar Newspaper, from Beirut.
Follow our Facebook on: https://www.facebook.com/presstvchannel
Follow our Twitter on: http://twitter.com/presstv
Follow our Tumblr on: http://presstvchannel.tumblr.com
![]()
Related article
- Hispasat orders Overon to take Press TV, Hispan TV off air (alethonews.wordpress.com)
How to watch Press TV in the Americas
Following a recent move by the European satellite provider Hispasat to take Iranian channels, Press TV and Hispan TV, off the air in a flagrant violation of freedom of speech, the news networks’ viewers in the Americas can continue to watch the Iranian channels on the following frequency:
Hispasat (1E)
12092
27500
3/4
H
Optus D2 (152E)
12706
22500
3/4
V
IntelSat 20 (68.5E)
12562
26657
1/2
H
Intelsat 902 (62E)
11555
27500
3/4
V
NSS 12 (Encryption) (57E)
11605
45000
4/5
H
Express AM22 (53E)
12582
24000
2/3
V
Badr 5 (26E)
11881
27500
5/6
H
Badr 5 (26E)
12303
27500
3/4
H
Badr 4 (26E)
12054
27500
3/4
V
Eutelsat Hot Bird 13b (13E)
12015
27500
3/4
H
Eutelsat 7West A (7W)
11227
27500
3/4
V
Galaxy 19 (97W)
12053
22000
3/4
Syrian TV cameraman assassinated outside Damascus by ‘armed groups’
RT | December 22, 2012
A cameraman working for Syrian state TV was killed in front of his house in a west Damascus neighborhood, state news agency SANA said. The assassination of yet another Syrian TV employee was reportedly carried out by an “armed terrorist group.”
Haidar al-Sumudi, 45, was shot and killed as his was leaving his house in the Kfar Spusseh neighborhood on his way to work Friday night, SANA reported.
The number of journalist kills in Syria has spiked since the country plunged into violent civil conflict in March 2011. Over 60 professional and citizen-journalists have been killed so far, according to mid-December figures published by media watchdog Reporters Without Borders.
State media employees have been targeted on numerous occasions. On December 4, a reporter for the government newspaper Tishrin was shot dead in Damascus. Basel Tawfiq Yussif, a journalist working for Syrian TV, was gunned down the previous month. In July, TV host Mohammed al-Saeed was kidnapped and executed, the UK-based Syrian Observatory for Human Rights said.
Meanwhile, journalists continue to criticize the Syrian government for its reluctance to allow international reporters to enter the country and provide independent coverage of the violence unfolding. Damascus officials have said that they cannot guarantee the journalists’ security due to internal instability.
One of the most vivid instances of what might befall a journalist in Syria today is Ukrainian journalist Ankhar Kochneva, who was kidnapped by a group of Syrian rebels back in October, and her whereabouts remain unknown.
The kidnappers have threatened to kill the reporter if a $50 million ransom is not paid
Related articles
- Syrian rebels set to execute Ukrainian journalist (alethonews.wordpress.com)
‘End of the road’ for ACTA in Europe as EC withdraws court appeal over treaty
RT | December 21, 2012
The European Commission has withdrawn its request to review ACTA’s compatibility with the EU law in the European Court of Justice. The move virtually ensures the treaty will never be adopted in the Union.
The European Comission’s move was reported by MEPs from the Socialists and Democrats alliance.
“I welcome this news from the Commission today,” said S&D Euro MP David Martin, the author of the parliamentary report on ACTA, as cited by The Register. “The EU cannot be party to an agreement without European Parliament ratification. MEPs overwhelmingly rejected ACTA in July and I am pleased that the Commission has acknowledged this is the end of the road for ACTA in the EU thanks to the Parliament.”
The European Commission made the appeal to the court in July, after ACTA (the Anti-Counterfeiting Trade Agreement) had received a knockout blow from the European Parliament. At the time MEPs roundly rejected the treaty with 478 votes against, and only 39 in favour.
Even before that, in February this year the adoption of ACTA was suspended due to mass protests against it, with critics slamming the agreement for its breaches of human rights, that it would protect copyright at the expense of freedom of speech on the Internet.
Intended as a global treaty, ACTA started to be developed in 2007 as a means to target copyright and patent violations in a wide range of industries. ACTA has been signed by the US, Australia, Canada, Japan, Morocco, New Zealand, Singapore, Mexico, South Korea and 22 EU member states.
Of all those countries, only Japan has ratified it so far. The treaty will come into force for the countries which ratified it when at least 5 more pass the relevant legislation.
Hispasat orders Overon to take Press TV, Hispan TV off air
Press TV – December 20, 2012
In another blow to freedom of speech one more European satellite provider attacks Iran’s international TV channels.
Spain’s satellite provider Hispasat will take Press TV and Hispan TV off the air as of Friday. It has ordered Overon, another satellite company, to stop the transmission of the two international TV channels.
Overon says the ban on Press TV and Hispan TV follows a similar move by France’s Eutelsat company which has already taken several Iranian satellite channels and radio stations off the air. It says the channels will be removed because of “a wider interpretation of EU regulations”.
Overon says since the EU has blacklisted the head of the Islamic Republic of Iran Broadcasting, Hispan TV and Press TV must be taken off the air. This is while Hispan TV is officially registered in Spain and operates under that country’s media laws. And, the European Union has confirmed to Press TV that it’s anti-Iran sanctions do not apply to the country’s media.
Hispasat is partly owned by Eutelsat, whose French-Israeli CEO is blamed for the recent wave of attacks on Iranian media in Europe.
Press TV contacted Hispasat and the EU foreign policy chief’s office to get a reaction, but to no avail.
~
How to watch Press TV in the Americas
Following a recent move by the European satellite provider Hispasat to take Iranian channels, Press TV and Hispan TV, off the air in a flagrant violation of freedom of speech, the news networks’ viewers in the Americas can continue to watch the Iranian channels on the following frequency:
Hispasat (1E)
12092
27500
3/4
H
Optus D2 (152E)
12706
22500
3/4
V
IntelSat 20 (68.5E)
12562
26657
1/2
H
Intelsat 902 (62E)
11555
27500
3/4
V
NSS 12 (Encryption) (57E)
11605
45000
4/5
H
Express AM22 (53E)
12582
24000
2/3
V
Badr 5 (26E)
11881
27500
5/6
H
Badr 5 (26E)
12303
27500
3/4
H
Badr 4 (26E)
12054
27500
3/4
V
Eutelsat Hot Bird 13b (13E)
12015
27500
3/4
H
Eutelsat 7West A (7W)
11227
27500
3/4
V
Galaxy 19 (97W)
12053
22000
3/4
Related articles
- PressTV Reports “Israel lobby groups press sat providers to ban Iran channels” (presstv.com)
- US Senate to blacklist and block the assets of Iranian broadcaster IRIB (alethonews.wordpress.com)
Ottawa orders Canadian scientific journals not to publish Iranian articles
Press TV – December 19, 2012
The Canadian government has reportedly ordered the scientific journals of the country not to publish articles authored by Iranian researchers and scientists.
Iranian academics, who had primarily received an acceptance from the journals, have received new messages that notified them of the journals’ decision not to publish their work due to recent policies adopted by the Canadian government.
In a recent move, the Canadian Journal of Psychiatric Nursing Research refused to publish an article by an Iranian assistant professor despite the earlier acceptance of the article.
The journal argued that it “will not be permitted to publish” the article as previously stated, citing the political and non-academic reasons. It said that Ottawa had closed down its mission in Tehran for what it called the “civil rights abuse of the citizens of Iran” and “the threat to the security of Canadian personnel and Israel.”
On September 7, the Canadian government closed its embassy in Tehran and ordered Iranian diplomats to leave Canada within five days.
In a statement, Canadian Foreign Affairs Minister John Baird said Canada views Iran “as the most significant threat to global peace and security in the world,” adding that Iran “routinely threatens the existence of Israel.”
The Iranian Foreign Ministry Spokesman Ramin Mehmanparast censured Ottawa’s decision as undiplomatic and a move in line with the policies dictated by Israel.
“The hostile actions of the current racist Canadian government are in fact in line with the policies that are dictated by the Zionist regime (Israel) and the British government,” Mehmanparast said.
Pundits believe Canada’s move to sever diplomatic ties with Iran unveils Ottawa’s submissive attitude toward the Israeli regime.
“Canada’s abrupt move to sever all ties with the Islamic Republic of Iran manifestly springs from a strong Zionist sway which has permeated the political structure of the country,” Iranian academic Ismail Salami wrote in an op-ed published on Press TV website on September 11.
The analyst said that, governed as a constitutional monarchy with British Queen Elizabeth II as its head of state, Canada could be viewed as a country “supporting colonizing regimes such as Israel and seeking to isolate the peaceful nation of Iran.”
Canadian Prime Minister Stephen Harper and Foreign Affairs Minister John Baird have time and again expressed unconditional support for Israel, and are widely believed for dancing to every tune of Israel.
Related articles
- Canada’s Palestinian Aid Programme Serving Israel’s Interests (alethonews.wordpress.com)
- Iran condemns Canadian Gov’t for freezing its assets (EndtheLie.com)
Israeli forces attack Press TV crew in Gaza
Press TV – December 16, 2012
Israeli forces have opened fire on Palestinian farmers and Press TV crew in the southern Gaza Strip, Press TV reports.
Press TV correspondent Ashraf Shannon said Israeli forces fired on the farmers and Press TV crew near the border fence in the Khan Yunis area.
Shannon said, “Israel troops were standing 200 to 250 meters away from us, and it was clear that we were journalists, standing right behind the farmers.”
But “all of a sudden, they started shooting [at us]. No one was threatening them. No one was firing. No one was throwing stones at them.”
On November 21, Press TV correspondent Akram al-Sattari was injured in an Israeli airstrike on a hotel that had housed journalists in the Gaza Strip. The day marked the start of an Egypt-mediated ceasefire agreement, which ended an eight-day-long Israeli war on the coastal sliver that had killed at least 166 Palestinians.
Related articles
- Israeli soldiers shoot, injure young Gaza man (alethonews.wordpress.com)
- Reuters deplores Israeli mistreatment of journalists (alethonews.wordpress.com)
- Russian TV office destroyed in Israeli attack on Gaza (weeklyintercept.blogspot.com)
- Israeli forces fire on Gaza Farmers and Internationals in Khuza’a (palsolidarity.org)
Second group of journalists beaten in Hebron
Ma’an – December 15, 2012
BETHLEHEM – After Reuters cameramen were assaulted by Israeli forces in Hebron this week, a second group of journalists were beaten by troops in the West Bank city, a press freedom group said Saturday.
On Wednesday, Israeli soldiers punched two Reuters journalists and forced them to strip in the street, before letting off a tear gas canister in front of them, leaving one of them needing hospital treatment.
A freelance reporter and Al-Quds TV correspondent were also beaten during the incident in Hebron, the Palestinian Center for Development and Media Freedoms, MADA, said.
The journalists were covering the aftermath of the fatal shooting of 17-year-old Muhammad Salaymeh by an Israeli border guard in the city.
A day later, four journalists went to cover the ensuing clashes, and were blocked and threatened by an Israeli force near Hebron’s Tareq ben Zaid school, MADA said.
Associated Press photographer Hazem Bader was detained for 45 minutes by Israeli soldiers, the journalists told MADA.
“They tied my hands behind my back, beat me on my feet and my back, and cursing me all the time,” Bader said.
“One of the soldiers tried to fabricate a charge against me that I tried to assault him, but my colleagues of photographers documented the arrest.”
He was freed when a press office intervened, he said.
MADA condemned the “escalation of violations” against journalists in Hebron this week.
Related articles
- Israeli forces kill teenager on his 17th birthday in Hebron (alethonews.wordpress.com)
- Family denies Hebron teen killed by Israel was carrying toy gun (alethonews.wordpress.com)
- Reuters accuses Israeli soldiers of assaulting cameramen in Hebron (guardian.co.uk)
Reuters deplores Israeli mistreatment of journalists
Press TV – December 14, 2012
Israeli forces have assaulted two cameramen working for Reuters news agency in the occupied West bank, forcing them to strip on the street.
Yousri Al Jamal and Ma’amoun Wazwaz said on Thursday that an Israeli military patrol stopped them as they were on their way to a checkpoint in the West Bank city of al-Khalil, where a Palestinian youth had been earlier killed by Israeli forces.
The cameramen added that the Israeli troops punched and hit them with the butts of their guns after they made the cameramen get off their vehicle, which was marked as belonging to “TV.”
The two were also wearing blue flak jackets with the word “Press” printed on them.
The soldiers who attacked the Reuters employees accused them of working for B’Tselem, an Israeli human rights organization which documents human rights violations in the occupied West Bank.
However, the cameramen said the forces did not give them the chance to show their identification cards and made them strip and kneel down on the road.
Wazwaz was overcome by the fumes and taken to a hospital after the Israeli forces dropped a tear gas canister and ran away from the scene.
According to the cameramen, two other Palestinian journalists working for local news agencies were also arrested by Israeli soldiers at the same location.
Stephen J. Adler, chief editor of Reuters News said, “We deplore the mistreatment of our journalists and have registered our extreme dismay with the Israeli military authorities.”
The Israeli military has offered no explanation for the attack on the journalists and says it will investigate the issue.
On Thursday, Israeli troops shot dead a Palestinian teenager on his birthday after he allegedly threatened them with a toy gun in the occupied West Bank.
Syrian rebels set to execute Ukrainian journalist
RT | December 13, 2012
NGOs are urging Syrian rebels to release a Ukrainian journalist, Anhar Kochneva, who is set to be executed Thursday. Meanwhile the group behind the kidnapping warned it would now target all Russians, Ukrainians and Iranians on Syrian soil.
The Committee to Protect Journalists (CPJ), ARTICLE 19, the International Press Institute and Reporters Without Borders issued a joint statement expressing deep concern about Kochneva’s life and urging the leadership of the Free Syrian Army and of the Syrian Opposition Coalition to ensure that the journalist is safe and set free.
The groups also called on the French, British and US governments, as well as the European Union to work with the Syrian opposition to facilitate her release.
Kochneva, who has reported critically about the Syrian rebels for Russian and Ukrainian news outlets, was captured in the beginning of October near the restive city of Homs. The kidnappers, allegedly members of the Free Syrian Army, threatened to kill her on December 13 if a US$ 50 million ransom is not paid.
On Tuesday, Ukrainian authorities urged Damascus to work more actively to help free the journalist. The Ukrainian Foreign Ministry’s spokesman Aleksandr Dikusarov said that Kiev expects “concrete results” in attempts to release her.
In response to the Ukrainian demands, Kochneva’s kidnappers posted a video in which they threatened to target the embassies of Ukraine, Russia, as well as all Russians, Ukrainians and Iranians in Syria.
“We urge not to let a single Russian, Ukrainian or Iranian alive out of Syria,” the rebels said in the video, aired by Ukrainian news channel Ukraina.
The rebels label Kochneva a spy, claiming that she was carrying arms and worked as an interpreter for the Russian officers.
The Ukrainian Foreign Ministry did not issue comment on the latest video, saying its authenticity cannot be verified, according to Ukraina news channel.
A month after the kidnapping, a video message from Kochneva was published online in which she appealed to the Embassies of Ukraine and Russia, as well as the Syrian government, to meet the demands of the kidnappers.
On the 28 November, in the second video, Kochneva read a text in Arabic admitting to having participated in the fighting, working as a military interpreter with Syrian and Russian officers.
CPJ, ARTICLE 19, the International Press Institute and Reporters Without Borders doubt the objectiveness of these videos. “We are deeply concerned that in both video appeals the journalist seems to be speaking under pressure,” they said in their statement released on Wednesday.
LAPD in court for abusing journalist
RT | December 12, 2012
A long-time journalist is suing the Los Angeles Police Department over the alleged manhandling he says he was subjected to while covering an Occupy protest in LA last year.
Reporter Calvin Milam of Los Angeles’ City News Service says police officers with the LAPD tackled him to the ground, restrained him in dangerously tight handcuffs and detained him for hours without charge, all while he was just doing his job as a journalist one evening in late 2011.
Milam has insisted he displayed his press credentials to the LAPD during an Occupy LA rally outside City Hall on November 30, 2011 immediately before he was brought down by the cops.
In the aftermath of the incident, police spokespersons described the scene by portraying Milam as drunk and disorderly during his arrest. The video footage that has surfaced seems to contradict that take, however, and also clearly shows that Milam was acting as a member of the media.
“At some point, the Los Angeles police officers, in full riot gear, began to restrict the egress of those exercising their First Amendment rights and blocked access to leave the premises,” the recently filed complaint reads.
Milam’s attorney, Mark Geragos, tells the Courthouse News Service that the only reason his client wasn’t prosecuted was because video was found “which completely puts lie to what the cops said.”
When Geragos first became aware of the footage in the weeks after the arrest, he told LA Weekly that the footage was “completely at odds” with the accounts offered orally from both the LAPD and the City Attorney’s Office.
“They patently lied about the whole thing. It’s clear to me. I was told the exact same thing. It’s fortunate there’s a video which shows what really happened,” he said last December. “They have now told you two things that are demonstrably false. One, that he didn’t show his press credential. And two, that he was drunk. This guy hasn’t touched a drink in 20 years.”
“It’s astonishing to see that video and then see what was alleged: that he didn’t identify himself, show press credentials and that he was resisting,” Geragos now tells Courthouse News.
LAPD officer Victor Johnson charged Mr. Milam with unlawful assembly during the Nov. 30 incident, but the charges were quickly dropped. He was one of three journalists arrested that night during an event that ended with around 300 being put into cuffs.
Patrick Meighan, a writer for the animated show Family Guy, was one of the hundreds of persons who was arrested during the non-violent protest last year. Recounting the experience in a personal blog post, Meighan wrote that LAPD’s actions that evening were “horrible to watch, and apparently designed to terrorize” anyone who could catch a glimpse.
“It was super violent, it hurt really really bad and he was doing it on purpose,” is how he described his brutal arrest last year.
“What does it say about our country that nonviolent protesters are given the bottom of a police boot while those who steal hundreds of billions, do trillions worth of damage to our economy and shatter our social fabric for a generation are not only spared the zipcuffs but showered with rewards?”
The City of Los Angeles has yet to respond to Mr. Milam’s suit and litigation is “at a very early stage,” Courthouse News reports.
Related articles
- LAPD refuses to release video of fatal encounter with mother (latimesblogs.latimes.com)
- After violent in-custody death, family of Alesia Thomas sues LAPD for video (tv.msnbc.com)
