3 Count: Bitten Apple

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1: Apple, Feds to Put Squeeze on Jailbreaking

First off today, Apple, according to reports, has asked the Federal government to clamp down on iPhone jailbreaking applications, claiming that they are creating unlawful derivatives of Apple’s bootloader for the iPhone. Though the U.S. Copyright Office recently ruled iPhone jailbreaking to be a legal circumvention of DRM, it’s less clear if the creation of derivative works in the process of making a jailbreak app is legal. Note: I am still seeking more reliable confirmation of this story and will update as I find it.

2: Israeli Court Enforces for the First Time a Creative Commons License

Next up today, Israel has become the latest country to uphold Creative Commons licenses in court. The case involved an amateur photographer who uploaded images to Flickr under a non-commercial license only to have a book publisher use the images both in print and, at least in one case, online. The court ruled that the unauthorized use was an infringement without as much as a word regarding the license. The court also shot down a fair use argument by the publisher, saying that moral rights, the right to attribution in this case, prevented such an argument. Special thanks to Lorelle VanFossen for the link!

3: Privacy, Copyright Top Challenges of the Internet

Finally today, International Academy of Digital Arts and Sciences, an organization of 750 thought-leaders on the Internet who also pick the winners of the Webby Awards, have named privacy and copyright as two of the biggest challenges facing the Web. Specifically, the group said there should be a focus on modernizing copyright law to make sure it reflects “the current relationship between technology and creativity.”


That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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