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David Anthony Colarusso - Sadly not Havoc Dinosaur
Intermittent musings on the law, science, education, technology, design, and life. Also, I build things: furniture, software, reasoned arguments... To learn more about that, click a persona below for my eponymous website.

Law & Lawyering

Obligatory description for self-evident category: posts on the law and lawyering.

Viacom admits error; one small content producer takes a breath.

by David Colarusso - April 23rd, 2007

You may remember that all this Viacom YouTube stuff has been making me a little nervous. We’ll now I can take a small breather. Read this great news from the EFF: Viacom Admits Error — Takes Steps to Protect Fair Use on YouTube.

On Education Goes C-SPAN

by David Colarusso - April 8th, 2007

First, I apologize for what some readers may see as a “boring” diversion from our usual educational content, but to piggy-back on my last posting, check out this debate between Mark Cuban and Fred von Lohmann from the EFF. It’s a rather balanced look at some of the issues surrounding the Viacom Google lawsuit. However, I do see a problem with Cuban’s argument for filtering, namely that it doesn’t address the filtering of fair use content (see this post). Anywho, give it a look, and you decide.

[Note: when this was originally posted, this blog was entitled “On Education.”]

It almost makes me want to be a lawyer

by David Colarusso - April 6th, 2007

Back in March when Viacom filed its $1 Billion lawsuit against Google I wrote a post expressing frustration with the media coverage. My contention was that the suit had the potential to chill fair use on the internet by making sites such as YouTube proxies for wealthy copyright holders. That is, if YouTube is denied safe harbor protection under the DMCA the burden of determining fair use effectively shifts from the courts to sites such as YouTube. Such a shift would force these sites to adopt overly cautious content polices or face costly litigation.


Fair Use, Why YouTube has it right

by David Colarusso - March 19th, 2007

Viacom’s 1 Billion dollar YouTube lawsuit is not a repeat of Napster’s file sharing litigation. It is a battle over who calls the intellectual property game, corporations or the courts, and it is a test of the law whose resolution promises dramatic implications for free speech in the digital age. Unlike Napster, YouTube users are first and foremost content producers. Where it was hard to see legitimate uses for music sharing, YouTubers produce innumerable original and derivative works. What’s up for debate is how to deal with copyright violations when they occur. YouTube claims safe harbor protection under the Digital Millennium Copyright Act (DMCA). Viacom alleges a business model built on the draw of illegal content. In the past week, I’ve heard noise from both camps, yet as an educator and vlogger, I am dismayed by what I haven’t heard enough–a defence of and respect for fair use.


Some Rights Reserved

by David Colarusso - February 16th, 2007

One of the side projects I’m working on right now is a video podcast of really short science lessons, the type of pieces I’d like to see entered in the Phylm Prize. Consequently, I’ve been having loads of fun scouring the web for B-roll footage and copyleft music,. My two favorite sites at the moment both offer content under Creative Commons licenses. For music check out Jamendo, a community of artists committed to sharing their work under CC, and for video try the Internet Archive where you can find some nice old films now in the public domain. If you have any favorite repositories, please leave a comment.

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