Tag Archives: kindle

Copyright exception for private copying

The Intellectual Property Office (which sounds like it’s an estate agent for PhDs) is giving people the opportunity to comment on draft legislation on changes to copyright law. There are currently four documents describing the proposed changes, including an exception for private copying — such as ripping your own CDs to your own iPod.

Here’s the guts of the proposed private copying exception (PDF):

28B Private copying

(1) Copyright is not infringed where an individual uses a copy of a copyright work lawfully acquired by him to make a further copy of that work provided that:

(a) the further copy is made for that individual’s private use for ends that are neither directly nor indirectly commercial;

(b) the copy from which the further copy is made is held by the individual on a permanent basis (for example it is not a copy that is rented to the individual for a specified period or borrowed from a library); and

(c) the making of the further copy does not involve the circumvention of effective technological measures applied to the copy from which it is made.

To my non-legal mind this has a couple of flaws.

First, in 28B 1(b), the word “permanent” is troubling. If I legitimately purchase an ebook for Kindle, Amazon has the ability to remotely delete the ebook or modify it at any time, and I cannot stop this happening. Given Amazon’s abilities, are Kindle ebooks considered to be “held by the individual on a permanent basis” or not? It’s reasonable, given Amazon’s powers, to say they aren’t.

I’d say that transferring a legitimately purchased ebook from a Kindle to another reading device is an act the private copying exception is intended explicitly to permit, and I’m not convinced the clause as written is sufficient.

Then in 28B 1(c) we have what amounts to a DRM exception to the exception. This line neuters the private copying exception entirely so it becomes, effectively, “you may make a private copy if the copyright owner allows it”. This is not the exception as advertised at all.

It should be expressly permitted to circumvent effective technological measures for the sole purpose of private copying.

I’ve sent these two comments to the IPO.

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Avaragado’s 2012 predictions – results

As usual the cider-enhanced Chris Walsh has cast a rheumy eye over the predictions I made a year ago and awarded the marks as he saw fit. Adjudications and correct answers in square brackets.

News

  1. It will be announced that the Duchess of Cambridge is pregnant. [1pt]
  2. Ed Miliband will be replaced as leader of the Labour party. [0pt]
  3. The US presidential election will be between Barack Obama and Mitt Romney. Obama will be re-elected. [1pt]
  4. At least one country will leave the euro. [0pt]
  5. Boris Johnson will be re-elected as Mayor of London. [1pt]
  6. There will be an earthquake in the UK of magnitude 4.0 or above on the Richter scale. (I’m only using this scale as it’s the one used on the Wikipedia page for UK earthquakes.) [0pt]

[Score: 3/6]

Sport

  1. Great Britain & Northern Ireland will win 21 gold medals at the Summer Olympics, and over 50 medals in total. [1pt: GB&NI won 29 gold and 65 in total]
  2. Great Britain & Northern Ireland will top the medal table at the Paralympics. [0pt: third, after China and Russia]
  3. Spain will win the Euro 2012 football tournament. [1pt]
  4. The United States will regain golf’s Ryder Cup. [0pt: Europe won in a very close finish]
  5. Jensen Button will regain the Formula One championship. [0pt: Sebastian Vettel]
  6. Manchester City will win the English Premier League. [1pt: with a last-minute goal on the last day of the season]

[Score: 3/6]

Science and technology

  1. Having miraculously survived 2011, Steve Ballmer will definitely be fired as Microsoft CEO. [0pt: still there!]
  2. CERN will announce the official discovery of the Higgs boson. [0.999pt, rounded up to 1pt]
  3. Apple will launch a TV. [0pt]
  4. At least one of the co-CEOs of RIM will be fired, and the company will be bought. [0pt: Jim Balsillie resigned but was not fired, and RIM wasn’t bought]
  5. The next version of the iPhone will include an NFC chip. [0pt: rumoured for the 5S]
  6. Amazon will release a free version of the Kindle. [0pt: but Chris wishes they would, as he sat on his and broke it]

[Score: 1/6]

Entertainment

  1. The 2012 season of X Factor in the UK will be the last. [0pt: nothing announced – time will tell!]
  2. In Doctor Who, the replacement for the Ponds will not be from Earth. [0pt: nothing to suggest she’s not from earth – time will tell!]
  3. Best Actress Oscar: Meryl Streep for The Iron Lady. [1pt]
  4. Best Actor Oscar: Jean Dujardin, The Artist. [1pt]
  5. Best Picture Oscar: The Artist. [1pt]
  6. CNN will fire Piers Morgan. [0pt: although competing petitions to deport/refuse repatriation suggest nobody wants him]

[Score: 3/6]

Celebrity Deathwatch

  1. Former anthropology student, US evangelist Billy Graham. [alive!]
  2. Former ophthalmology student, Syrian president Bashar al-Assad. [alive!]
  3. Former chemistry student, Baroness Thatcher. [alive!]
  4. Former naval cadet, Prince Philip. [alive!]
  5. Former Cassius Clay, Muhammad Ali. [alive!]
  6. Former Hitler Youth, Pope Benedict XVI. [alive!]

[Score: 0/6]

[Total score: 10/30]

Not as good as last year. I suspect I was a year early on most of the science and technology predictions. And my celebrity deathwatch category maintains its staggering 100% failure record.

Stay tuned for Avaragado’s 2013 predictions…

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Avaragado’s 2012 predictions

Now spelunked into the Brechtian caverns of history: the year of the Arab Spring, the deaths of several prominent nutjobs, the end of the Screws, the looting of cheap sportswear, the Royal Day Off, the Occupy tent sale, and, of course, what is believed to be Sir Paul McCartney’s 49th or 50th marriage; estimates vary. And what will 2012 bring forth? Here’s your exclusive guide.

News

  1. It will be announced that the Duchess of Cambridge is pregnant.
  2. Ed Miliband will be replaced as leader of the Labour party.
  3. The US presidential election will be between Barack Obama and Mitt Romney. Obama will be re-elected.
  4. At least one country will leave the euro.
  5. Boris Johnson will be re-elected as Mayor of London.
  6. There will be an earthquake in the UK of magnitude 4.0 or above on the Richter scale. (I’m only using this scale as it’s the one used on the Wikipedia page for UK earthquakes.)

Sport

  1. Great Britain & Northern Ireland will win 21 gold medals at the Summer Olympics, and over 50 medals in total.
  2. Great Britain & Northern Ireland will top the medal table at the Paralympics.
  3. Spain will win the Euro 2012 football tournament.
  4. The United States will regain golf’s Ryder Cup.
  5. Jensen Button will regain the Formula One championship.
  6. Manchester City will win the English Premier League.

Science and technology

  1. Having miraculously survived 2011, Steve Ballmer will definitely be fired as Microsoft CEO.
  2. CERN will announce the official discovery of the Higgs boson.
  3. Apple will launch a TV.
  4. At least one of the co-CEOs of RIM will be fired, and the company will be bought.
  5. The next version of the iPhone will include an NFC chip.
  6. Amazon will release a free version of the Kindle.

Entertainment

  1. The 2012 season of X Factor in the UK will be the last.
  2. In Doctor Who, the replacement for the Ponds will not be from Earth.
  3. Best Actress Oscar: Meryl Streep for The Iron Lady.
  4. Best Actor Oscar: Jean Dujardin, The Artist.
  5. Best Picture Oscar: The Artist.
  6. CNN will fire Piers Morgan.

Celebrity Deathwatch

  1. Former anthropology student, US evangelist Billy Graham.
  2. Former ophthalmology student, Syrian president Bashar al-Assad.
  3. Former chemistry student, Baroness Thatcher.
  4. Former naval cadet, Prince Philip.
  5. Former Cassius Clay, Muhammad Ali.
  6. Former Hitler Youth, Pope Benedict XVI.

I look forward to your company next New Year’s Eve when all shall be judged.

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