<![CDATA[Gizmodo: Rights]]> http://cache.gawker.com/assets/base/img/thumbs140x140/gizmodo.com.png <![CDATA[Gizmodo: Rights]]> http://gizmodo.com/tag/rights http://gizmodo.com/tag/rights <![CDATA[Superhero Presents Strong Case for ID Cards as States Get Real ID Extension]]> Hello guys!
Batman Bin Suparman here. I wanted to talk to you about Real ID. Apparently, the U.S. Department of Homeland Security just extended deadlines on Real ID because many states are resisting it. I know that in the United States and the UK national identity cards are considered a risk to privacy, even while US government agencies continuously snoop into conversations and vampire CCTV cameras are everywhere in the UK. But really people, look at my Singaporean ID card and tell me if you think there's anyone capable of spying on Batman Bin Suparman! Yeah, I didn't think so either! I can kick anyone's ass! Hahahahaha—OK, sorry about that. But do you really think a national ID card is such a big risk to your privacy?

I live in Singapore, where we have had national ID cards for a long time. And while I don't wear my underpants over my pyjamas most of the times, I don't feel any risk to my privacy at all for having it. Why?

To start with, I have a passport too, like everyone in the world, which is already used to track me when I move out of my country to fight super-criminals in places like New York, London, or Albuquerque.

Then, if I have to be concerned about privacy, I am more worried about how companies track my purchases and habits using my credit cards—to share how many red thongs and capes I buy with other associated companies or how their own marketing departments—than about the ID card itself. That, to me, is where the true battle for privacy is.

Knowing how private corporations, financial companies, social security, and the Mr. Taxman track every movement I do, I really don't give a damn about an ID card that I only have to show when I buy something, go to the bank or do some bureaucratic transaction in some public office. Yes, all that info is tied to that ID card number, but that is also my Social Security number and driver's card license number in the first place.

When I have to use my ID card—which has my photo on it—it's never recorded or scanned. Just shown to the occasional waiter or cashier, so they can be sure that my credit card is not stolen and I'm in fact who I say I am. Why would they want to record it when they already have me in a piece of plastic with a magnetic band? So since all my data is already tied to my credit card and I have to live with it, having an ID card makes me feel safer against crime, just in case I forget my credit card in a public place or it gets stolen in the subway without me noticing for a long time.

So my question again is, if we are all getting tracked by the state and private companies, why the concern about Real ID? Do you really think that it is going to be a risk to your already-non-existant privacy? In what way?

Speak up in the comments.

Yours sincerely,
Batman Bin Suparman

[Information Week and Ars Technica —image from Weird Asia News]

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http://gizmodo.com/376486/superhero-presents-strong-case-for-id-cards-as-states-get-real-id-extension http://gizmodo.com/376486/superhero-presents-strong-case-for-id-cards-as-states-get-real-id-extension Sat, 05 Apr 2008 12:00:00 EDT Jesus Diaz http://gizmodo.com/index.php?op=postcommentfeed&postId=376486&view=rss&microfeed=true
<![CDATA[Adobe Relinquishes Ownership of Photos Uploaded to Photoshop Express]]> So, one of the big sniggles about Photoshop Express, Adobe's free online photo tweaker and sorta-kinda Flickr clone, is that using the service basically gave full control of your photos to Adobe. No more! They just emailed us that as of April 10, they're only claiming "those limited rights that allow us to operate the service" and they don't "claim ownership of your content and won't sell your images." Score one for internet rights and your mom's Photoshop dalliances. [PS Express Terms of Use]

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http://gizmodo.com/376396/adobe-relinquishes-ownership-of-photos-uploaded-to-photoshop-express http://gizmodo.com/376396/adobe-relinquishes-ownership-of-photos-uploaded-to-photoshop-express Fri, 04 Apr 2008 17:45:00 EDT matt buchanan http://gizmodo.com/index.php?op=postcommentfeed&postId=376396&view=rss&microfeed=true
<![CDATA[Amazon Kindle and Sony Reader Locked Up: Why Your Books Are No Longer Yours]]> If you buy a regular old book, CD or DVD, you can turn around and loan it to a friend, or sell it again. The right to pass it along is called the "first sale" doctrine. Digital books, music and movies are a different story though. Four students at Columbia Law School's Science and Technology Law Review looked at the particular issue of reselling and copying e-books downloaded to Amazon's Kindle or the Sony Reader, and came up with answers to a fundamental question: Are you buying a crippled license to intellectual property when you download, or are you buying an honest-to-God book?

In the fine print that you "agree" to, Amazon and Sony say you just get a license to the e-books—you're not paying to own 'em, in spite of the use of the term "buy." Digital retailers say that the first sale doctrine—which would let you hawk your old Harry Potter hardcovers on eBay—no longer applies. Your license to read the book is unlimited, though—so even if Amazon or Sony changed technologies, dropped the biz or just got mad at you, they legally couldn't take away your purchases. Still, it's a license you can't sell.

But is this claim legal? Our Columbia friends suggest that just because Sony or Amazon call it a license, that doesn't make it so. "That's a factual question determined by courts," say our legal brainiacs. "Even if a publisher calls it a license, if the transaction actually looks more like a sale, users will retain their right to resell the copy." Score one for the home team.

There's a kicker, though: If a court ruled with you on that front, you still can't sell reproductions of your copy, an illegal act tantamount to Xeroxing your Harry Potters. You'd have to sell the physical media where the "original" download is stored—a hard drive or the actual Kindle or Sony Reader. Our guess is that it only gets more complicated from here. What happens when the file itself resides only on some $20-per-month Google storage locker?

For more details, have a look at the original, surprisingly readable legal summary:

The (Potential) Legal Validity of E-book Reader Restrictions By Rajiv Batra, John Padro, Seung-Ju Paik and Sarah Calvert

Many users are unhappy that e-book readers, such as the Sony Reader and the Amazon Kindle, restrict the sharing, borrowing and transferring of e-books. While some argue that the "first sale" doctrine should allow users to transfer an e-book in the same manner as a hard-copy book, these contentious restrictions may be valid under current law.

The Sony Reader and the Amazon Kindle

The Sony Reader and the Amazon Kindle are portable media devices designed to carry and display e-books and other electronic documents. Kindle has a mobile broadband function that allows users to browse online content and download e-books while on the go. Alternatively, the Sony Reader requires users to download and manage their library of e-books via a home computer.

The contentious characteristic of both products is that they bar users from sharing their e-books with other users. For example, Kindle's license agreement grants a "non-exclusive right to keep a permanent copy...solely for your personal, non-commercial use." Consequently, Kindle users may "not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to...any third party." The Sony Reader has similarly restrictive language in its license, but does allow users to copy e-books to several other Readers as long as they are registered to the same account.

The First Sale Doctrine

Some users have argued that these license restrictions violate the "first sale" doctrine. Under the Copyright Act, the first sale doctrine allows the owner of a particular copy of a work to sell, lease or rent that copy to anyone they want at any price they choose. These rights only apply, however, to the particular copy that was purchased; any unauthorized reproduction or copying of that work constitutes copyright infringement. For instance, you can't give away photocopies of Harry Potter and the Deathly Hallows, but you can auction your paperback on eBay when you're finished with it.

When it comes to digital works, however, two complications arise: first, consumers might only hold a license to the content, rather than all of the rights that come from a sale; second, without a traditional physical container for each purchased work, consumers may not practically be able to sell their "particular copy" at all.

License vs. Sale

The first sale doctrine only applies to the "owner" of a copy of a work, so end users who acquire content by license do not enjoy the right to resell their copies. Whether a transaction is a license or a sale is a factual question determined by courts—even if a publisher calls it a license, if the transaction actually looks more like a sale, users will retain their right to resell the copy. However, as more commercial transactions involve the transfer of digital content—particularly commercial software—courts have struggled to consistently make the distinction between license and sale. Software is increasingly transferred with highly restrictive licensing terms, but federal case law has not clearly determined whether these types of transfers are licenses or true sales.

Kindle and the Sony Reader are following this licensing trend and creating restrictive licenses that users must agree to upon using the product. If these agreements are found to be enforceable licenses, they could serve as the legal authority to limit users from selling or otherwise transferring the e-books they download.

Amazon vs. Sony

Both license schemes are equally restrictive, but each product limits use in a slightly different manner. Amazon Kindle's use license expressly limits the extent and use of both the device and the digital media. The Sony Reader's restrictions operate in two steps: a license to use the device and a second license to use the e-book library software (created by Sony). In both devices, users are not allowed to circumvent or alter the pre-installed software on the device.

For digital media, Kindle's agreement allows users one permanent copy. The Reader, on the other hand, allows one user to posses multiple copies as long as they are all registered to that user. Both regimes are equally restrictive on the distribution, copying, and sharing of purchased e-books (to other users).

The reason for the differences in these restrictions is a result of their technical characteristics. Amazon's wireless store requires the terms to be agreed on initially, while the Sony Reader's reliance on iTunes-like software allows a separate use agreement. In effect, both agreements accomplish the same level of restriction, but you have a little more leeway with the number of copies with the Sony Reader.

Hard Copies vs. Digital Copies

Another possible complication stems from the inherent difference between transferring an e-book and transferring a hard-copy book. The transfer of a hard-copy book is just that; the physical transfer of one copy. The transfer of an e-book, however, requires the digital recreation or copying of that e-book. Because the first sale doctrine allows transfers of only your particular copy, and not reproductions or recreations, a digital transfer of an e-book is probably impermissible. Thus, users of Kindle and the Sony Reader can only legally transmit works by selling the physical media on which they are stored—be that the e-book readers themselves or the users' hard drives.

While the restrictions on e-books may initially seem inconsistent with the rights granted for hard-copy books, these differences are the consequence of new digital products outgrowing traditional copyright doctrines. Such issues are currently being examined by legal scholars and industry insiders, but only time will tell whether this degree of control over digital media is acceptable to society.

[Columbia Science and Technology Law Review] ]]>
http://gizmodo.com/369235/amazon-kindle-and-sony-reader-locked-up-why-your-books-are-no-longer-yours http://gizmodo.com/369235/amazon-kindle-and-sony-reader-locked-up-why-your-books-are-no-longer-yours Fri, 21 Mar 2008 13:00:00 EDT matt buchanan http://gizmodo.com/index.php?op=postcommentfeed&postId=369235&view=rss&microfeed=true
<![CDATA[Robots Entitled to the Same Rights as Humans in the Future?]]> robotrights.jpgThe wheels are in motion to give robots the same rights that people currently enjoy. Huh? A recent inquiry by the British government suggests that within the next 20 to 50 years robots will be intelligent enough to warrant many of the same rights and benefits that us mere mortals now have. Robots would be expected to be given some sort of robot health care, robot affordable housing and robot rehab clinics, something previously limited to Miss USA. The report says that robots will also soon be able to reproduce on their own.

It's not all a free ride for our robot friends, though, as they'll be expected to pay taxes and serve in the military. I look forward to seeing an all-robot battalion battle the forces of another country's all-robot battalion. Now, it's safe to say that we here at Gizmodo love robots. But do we think that robots should be given actual legal rights? Do you? Didn't we already confront this issue in the film Blade Runner?

Robots could demand legal rights [BBC News]

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http://gizmodo.com/gadgets/robots/robots-entitled-to-the-same-rights-as-humans-in-the-future-223545.php http://gizmodo.com/gadgets/robots/robots-entitled-to-the-same-rights-as-humans-in-the-future-223545.php Thu, 21 Dec 2006 10:51:54 EST Gizloco http://gizmodo.com/index.php?op=postcommentfeed&postId=223545&view=rss&microfeed=true