Archive for category DMCA

The Case for Digital Casebooks

Kindle DX

In connection with the recent release of the Kindle DX, I have been reading a lot about how the Kindle and digital books will affect law school and lawyers.  (Also the bankrupt state of California just announced it would begin using open source, digital textbooks in schools.)  Considering laptops fill modern day law school classrooms, digital law school casebooks seems like a no-brainer.  Students would be able to carry all of their casebooks with them everywhere, search for a particular phrase or case easily, and copy and paste phrases into notes.  With the wealth of e-reader and pdf technology available, highlighting and making notes in the margins is as easy on digital copies as it is on physical ones.

The more I think about the usefulness of having digital copies of my law school books the more I am surprised they are not currently widely available.  I would definitely pay an extra $20 to have both a physical and digital copy of my casebooks.  I would never have to haul the heavy books with me to class.  Nor would I have to prioritize which books to take with me since they don’t all fit in any bag I am willing or able to bike to class with.  Unfortunately, digital copies of casebooks are limited at best.  Presumably one of the major reasons is the fear of the books being pirated online.  While DRM is an obvious solution, the successes and failures of DRM make it a less than ideal one.

Pirated BooksIn the meantime, one blog I found advocates manually converting physical casebooks to digital ones.  While this raises major copyright and fair use issues, it also demonstrates that digital copies are already available.  Consider again the laptop filled law school classrooms.  Do you believe that these students will continue to be satisfied with physical copies of their books?  I believe the market demand for digital casebooks is just beginning to rise and thus legal publishers ought to figure out a way to publish digitally for a profit before pirated books fill the void.


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iPhone, DMCA, and the EFF update

Sadly it appears that I was already behind when I posted yesterday about Apple’s rejection of the public domain book reader.  Thankfully Apple has reconsidered and approved the application.

Fortunately for people interested in controversy the story doesn’t end there.  Yesterday Apple rejected an application which linked to all EFF posts!  While there is a fair number of EFF posts badmouthing Apple and its “anti-competitive, discriminatory, censorial, and arbitrary” censorship of applications, Apple rejected the application for linking to a parody video of Hitler as a record industry exec dropping a fleeting f-bomb.  Never mind that the video is on youtube and already accessible on the iPhone from either Safari or the YouTube application.

Thankfully I am surprisingly happy with my tweaked, customized, and flashed WinMo phone, because with practices like these I won’t be getting an iPhone until Apple has no say over the applications available on the iPhone.

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iPhone, DMCA, Fair Use, and the new blog

Welcome to the new and improved runwiththelaw.com!  Sorry for the vacation from posting (you can blame law school finals – I did.)  At any rate I have migrated over to wordpress and combined my running blog with my legal blog.  So far I am super happy with it. (Once I figure out how to keep the running posts off the front page it will be perfect.)

More importantly, I missed a TON of legal stuff during finals.  While pouring through my google reader I have found a few things I have to comment on.  First update was this post over at EFF re:Apple’s iPhone policy

For those too lazy to read the link, Apple refused to approve a public domain book reader because one of the public domain books is the Kama Sutra.  (What happened to the First Amendment?)  While some people may be okay with Apple censoring their phones I am not and neither is the DMCA.

In 2006 the Copyright Office granted a 3 year exemption under the DMCA which allows users to circumvent software that lock phones to one provider.  In other words “jailbreaking” iPhones is currently legal.  However it may not stay that way for long; the Copyright Office is currently re-evaluating the exemptions (which it does every 3 years) and Apple has petitioned for “jailbreaking” iPhones to be illegal.  Thankfully organizations like the EFF have petitioned the copyright office to keep the exemption.

As a side note none of these exemptions would be necessary if users where considered owners for the purposes of the First Sale Doctrine (but that is a whole nother post.)  If corporation as “hip” as Apple are going to censor what you can do with your cell phone then this exemption is more necessary than ever.

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