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Friday, May 30, 2003

OSCOM Day 3: OpenLaw

OpenLaw.org. Wendy Seltzer.

Parallels between law and open source software. It’s generally public, has a revision history, forks and joins (Supreme Court over differing circuit courts). But process of forming arguments hasn’t been public. So they opened up the process to the public in Eldred vs. Ashcroft. Now opening the DeCSS DVD DMCA case.

Developed an annotation system to comment on or rebut other web pages. Looked like a scrollable iframe with the original site on right, with comments in parallel on left. The courts have accepted their amicus briefs, and they have submitted comments to Copyright Office. Archives of case material, opinions, articles, etc. Important take-away from the session: now I know how to pronounce “amicus.” Or I thought I had just learned, but Larry Rosen behind me pronounced it a different way.

ChillingEffects.org.

Often just the threat of monetary losses in cease-and-desist letters is enough to shut the site down, independent of legal merit. “Shadow of the law.” Example: “you are sharing approximately 0 song files”. Little cost to send C & Ds.

So Chilling Effects archives and publicises them, increasing the cost of sending them by shaming the companies. This also spreads knowledge of the issues.

Update: Donna Wentworth at Harvard Law picked up this entry and provided the link for the C & D example. See her entry for more notes. Thanks, Donna!

   Law, OSCOM, Society, General  Posted at 4:04 PM   

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Recent Reading

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Harry Potter and the Order of the Phoenix, by J. K. Rowling

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