{"id":38,"date":"2006-10-08T18:00:00","date_gmt":"2006-10-08T18:00:00","guid":{"rendered":"http:\/\/adam.rosi-kessel.org\/weblog\/copyright_wars\/absurd_copyright_law_case_of_the_day.html"},"modified":"-0001-11-30T00:00:00","modified_gmt":"1970-01-01T05:00:00","slug":"absurd_copyright_law_case_of_the_day","status":"publish","type":"post","link":"https:\/\/adam.rosi-kessel.org\/weblog\/2006\/10\/08\/absurd_copyright_law_case_of_the_day","title":{"rendered":"Absurd Copyright Law Case of the Day"},"content":{"rendered":"<p> <img decoding=\"async\" src=\"http:\/\/images.rosi-kessel.org\/dont_download.jpg\" class=\"insetright\" \/>I&#8217;m visiting my parents&#8217; house in Vermont, where they finally got cable after the provider agreed to dig up the ground and run a mile or so of cable to their house in return for a two year subscription agreement. (I think after two years the cable company will almost have broken even on the cost of the installation). <\/p>\n<p> Having been absent myself from the cable world for some time, I am impressed by the variety of interactive and &#8220;on demand&#8221; options. My parents&#8217; low-end package includes dozens of free on-demand movies and music videos, as well as built-in easy-to-use tivo-like functionality. The on-demand music videos show one brief ad before the video &#8212; it seems the tradeoff is that if you are really going to watch the ad, they can get more money and show you fewer ads. (Or, maybe I&#8217;m wrong &#8212; if it&#8217;s one ad per video, I suppose that would be <em>more<\/em> ads, but it feels like fewer because of the &#8220;on demand&#8221; nature. I guess it&#8217;s a perceptual trick.) <\/p>\n<p> Anyway, getting to the title of this entry. Anybody in the field of intellectual property these days has got to find <a href='http:\/\/weirdal.com\/' title='The Official \"Weird Al\" Yankovic Web Site'>Weird Al Yankovic<\/a>&#8217;s music video for <a href=\"http:\/\/vids.myspace.com\/index.cfm?fuseaction=vids.individual&#038;videoid=1130211390\">Don&#8217;t Download This Song<\/a> (warning, myspace page, authorized by Weird Al!) (or, <a href=\"http:\/\/www.youtube.com\/watch?v=Yz-grdpKVqg\">here<\/a>) (warning, YouTube page, also authorized by Weird Al!) at least a little amusing. If you haven&#8217;t watched it, see it now. <\/p>\n<p> The opening verse goes like this: <\/p>\n<blockquote><p> Once in a while maybe you will feel the urge<br \/> To break international copyright law<br \/> By downloading MP3s from file sharing sites<br \/> Like Morpheus or Grokster, or Limeware or Kazaa<br \/> But deep in your heart you know the guilt would drive you mad<br \/> And the shame would leave a perminant scar<br \/> Cuz you&#8217;d start out stealing songs, then you&#8217;re robbing liquor stores<br \/> And selling crack and running over school kids with your car <\/p><\/blockquote>\n<p> On the cable video-on-demand channel, however, the names of all the filesharing services (Morpheus, Grokster, Limewire, and Kazaa), are all replaced with beeps, as if they were vulgarities unfit for broadcast. Or cable. <\/p>\n<p> If you had never seen the video online, you&#8217;d actually be likely to think this was another Weird Al joke &#8212; that he can&#8217;t even sing the names of (the mostly now defunct) filesharing services publicly. But I&#8217;m pretty sure the video was censored by the cable provider or distributor and the irony is wholly unintended. <\/p>\n<p> There are a couple of possibilities here. One is that the distributor was trying to avoid <a href=\"http:\/\/papers.ssrn.com\/sol3\/papers.cfm?abstract_id=885544\">inducement liability<\/a> under the <a href=\"http:\/\/www.eff.org\/IP\/P2P\/MGM_v_Grokster\/04-480.pdf\">Supreme Court&#8217;s decision<\/a> in <a href=\"http:\/\/www.eff.org\/IP\/P2P\/MGM_v_Grokster\/\">MGM v. Grokster<\/a>. Could a funny song about filesharing actually meet the inducement standard? I sure hope not. <\/p>\n<p> The other possibility is that the distributor just found the references too abhorrent to leave in &#8212; basically the equivalent of <a href=\"http:\/\/en.wikipedia.org\/wiki\/Seven_dirty_words\">the seven dirty words<\/a> banned from broadcast TV and radio. <\/p>\n<p> Either way, if Weird Al were dead, I&#8217;m sure he&#8217;d be spinning in his grave. We&#8217;re lucky he&#8217;s still kicking. <\/p>\n<p> (&#8220;case&#8221; is kind of a misnomer for the title here, but is included for <a href=\"http:\/\/adam.rosi-kessel.org\/weblog\/trademark_law\/absurd_trademark_law_case_of_the_day.html\">consistency<\/a>). <\/p>\n","protected":false},"excerpt":{"rendered":"<p>I&#8217;m visiting my parents&#8217; house in Vermont, where they finally got cable after the provider agreed to dig up the ground and run a mile or so of cable to their house in return for a two year subscription agreement. (I think after two years the cable company will almost have broken even on the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[9],"tags":[],"_links":{"self":[{"href":"https:\/\/adam.rosi-kessel.org\/weblog\/wp-json\/wp\/v2\/posts\/38"}],"collection":[{"href":"https:\/\/adam.rosi-kessel.org\/weblog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/adam.rosi-kessel.org\/weblog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/adam.rosi-kessel.org\/weblog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/adam.rosi-kessel.org\/weblog\/wp-json\/wp\/v2\/comments?post=38"}],"version-history":[{"count":0,"href":"https:\/\/adam.rosi-kessel.org\/weblog\/wp-json\/wp\/v2\/posts\/38\/revisions"}],"wp:attachment":[{"href":"https:\/\/adam.rosi-kessel.org\/weblog\/wp-json\/wp\/v2\/media?parent=38"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/adam.rosi-kessel.org\/weblog\/wp-json\/wp\/v2\/categories?post=38"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/adam.rosi-kessel.org\/weblog\/wp-json\/wp\/v2\/tags?post=38"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}