Twitter, DMCA Take-downs & the Prior Restraint of First Amendment Speech
Last week, the big news in DMCA takedowns was the sweeping removal of Hitler parody videos . Earlier this year, it was Google suddenly wiping out six separate music blogs . Today, it’s the removal of a tweet . While this might not seem like a big deal on the surface, it leads to some much bigger questions about free speech, what content should fall under a proper DMCA take-down and whether or not the DMCA is a legal method of applying censorship by any content owner. Sponsor Here’s the story as told by TechDirt: The story involves a music blogger named JP, who runs the appropriately named JP’s blog . Not surprisingly, JP also has a Twitter account , where he mostly seems to post links to his blog posts. One such post was about the leak of the new album by The National. That post includes a link to Amazon where people can purchase the new album… and also a link to a download of one song (in MP3 format) from the album. According to JP’s blog post on the subject, Twitter sent him a message last Thursday “in response to a DMCA take-down notice”. The email, he writes, read as follows: jp917, Apr 22 03:10 pm (PDT): Hello, The following material has been removed from your account in response to a DMCA take-down notice: Tweet: http://twitter.com/jp917/statuses/12499491144 – New Post: Leaked: The National – High Violet http://jpsblog.net/2010/04/20/leaked-the-national-high-violet/ JP denies posting any link to the leaked album in his tweeted blog post, saying that he will not bother filing a counterclaim to the take-down. He also links to an article in Plagiarism Today from a year ago that alleges that Twitter’s handling of DMCA take-downs and counterclaims is problematic and that “there is clearly an organization issue here and that’s leading to confusion.” While last weeks’ take-downs of parody videos may have been “overbroad take-downs of legal content” , as the Electronic Frontier Foundation asserted, this sort take-down may go an extra step, beyond constitutionally protected First Amendment speech. With the YouTube take-downs, at least there was copyrighted content present, although it may have been used according to the law in the end. In this case, according to JP, there was neither pirated content nor a link to any DMCA-violating content. While TechDirt argues that “specifically, nothing in the tweet itself is infringing — which means that the DMCA take-down for the tweet is bogus, and a violation of the DMCA itself”, we spoke with David Sohn, senior policy council with the Center for Democracy & Technology , who said that the question might not be so cut and dry. Section 5.12D of the DMCA relates to cases involving “information location tools” and “links”. “One possibility here is that Twitter has gotten a take-down notice that might not stand up as a totally valid take-down notice,” said Sohn. On Sohn’s advice, we asked Wendy Seltzer, founder of ChillingEffects.org , what this all meant and she explained that the burden of proof lies with the person creating the content and not the platform. All the platform, in this case Twitter, needs to know is that the complaint me be valid and that, by removing the offending content, they cover themselves legally in the eyes of the DMCA. Whether or not section 5.12 D of the DMCA actually applies doesn’t really matter. The introduction to her recent paper, “Free Speech Unmoored in Copyright’s Safe Harbor: Chilling Effects of the DMCA on the First Amendment” (.pdf), speaks clearly to the problem we saw when first reading this story: Each week, more blog posts are redacted, more videos deleted, and more web pages removed from Internet search results based on private claims of copyright infringement. Under the “safe harbors” of the Digital Millennium Copyright Act (DMCA), Internet service providers are encouraged to respond to copyright complaints with content takedowns, assuring their immunity from liability while diminishing the rights of their subscribers and users. Paradoxically, the law’s shield for service providers becomes a sword against the public who depend upon these providers as platforms for speech. The problem with the current format of the DMCA, especially in the case of something like a communication platform such as Twitter, is that a DMCA take-down notice becomes an extremely effective means of silencing information for a legally mandated period of 10 days. In essence, it provides those who wish to silence a voice a quick and legal means of enacting what is called a ” prior restraint “, something clearly prohibited in First Amendment law. “When non-infringing speech is taken down, not only does its poster lose an opportunity to reach an audience, the public loses the benefit of hearing that lawful speech in the marketplace of ideas,” writes Seltzer in the paper. Twitter offered this response: “Twitter regularly receives DMCA takedown notices. We strive to balance the interests of our users and copyright holders by reviewing each notice. After determining whether the notice is compliant with the law, we also consider other factors such as whether the notice is abusive to our users, or fails to take fair use into consideration. You can read more about our DMCA process here: http://help.twitter.com/entries/15795-copyright-and-dmca-policy “We are always working to improve our transparency. Users are notified immediately when content has been removed from their account. In this situation, we responded to a request to remove a Tweet containing a link to download content from an unreleased album. After reexamining our decision, we believe this was the correct first step. If the affected user believes we have made a mistake or that the notice is in error, the appropriate thing for the user to do is file a counter-claim. “We believe that the reasoning of the DMCA claim and its origin should be transparent to both the affected user and other interested parties. We are working on further steps to improve access to this information.” So, our next logical question here is: Since this post includes the email from Twitter, which includes that original link to a blog post that supposedly linked to infringing content, can it too be removed according to the guidelines of the DMCA? Discuss
1 Out of 5 Textbooks Digital by 2014
Today, digital textbooks for higher education and career education account for only 0.5% of all textbook sales in the United States. According to a new study by social learning platform Xplana , this could soon change. Xplana predicts that digital textbooks will account for almost 20% of all textbook sales within the next five years. This will make digital textbooks a $1 billion market. Sponsor According to Rob Reynolds, who is one of the co-authors of this report and also the director of product design and research for Xplana, this rapid growth will be driven by a number of factors, including the proliferation of tablets and e-readers like the iPad and Kindle, the availability and pricing of e-textbook content and an increasing interest in online learning. According to this study, sales of digital textbooks will increase 100% year-over-year in 2010 and the continue to grow rapidly for the years to come. Factors in Favor of Digital Textbooks Pricing, as the authors note, is a major factor that will make digital textbooks more interesting for students, who often spend hundreds of dollars per semester on textbooks. Flat World Knowledge , for example, offers its e-textbooks for free and only charges students for the print versions. Currently, teachers at over 400 colleges use Flat World Knowledge’s textbooks for their courses. Other e-textbook companies like CourseSmart and MBS Direct also saw very strong growth in their sales last year. Other factors in favor of digital textbooks include the increasing availability (and affordability) of e-book readers and netbooks, as well as the move towards the ePub publishing standard for e-books. It is also important to note that textbooks publishers have long seen digital textbooks as way to shut down the market for used textbooks, which accounts for close to 35% of the textbook market today and which – of course – doesn’t earn these publishers a single dollar. What Will these E-Textbooks Looks Like? It will be interesting to see what these textbooks will look like. Thanks to new initiatives from Wolfram Alpha and other data and service providers, interactive textbooks could soon replace static texts. The problem there, of course, is that these textbooks are more expensive to produce than today’s textbooks. The lower cost of digital distribution and the publisher’s ability to cut out the middlemen (distributors, campus bookstores etc.) will help to offset some or all of these additional costs. You can find the full report here Discuss
People on the Move in the Social Business Industry: April 18, 2010
In an effort to recognize the changes in the social media space, I’ve started this post series ( see archives ) to both track and congratulate folks who get promoted, move, or accept new exciting positions. Please help me congratulate the following folks: Also, my submission form has changed to a new URL, the former Google form was giving me problems, so please use this one going forward . Lots of movement in the social business category, including a few key hires at firms that get the social business landscape and quite a few submissions continuing to come in on the form. Bruce Tempkin , top blogger at Forrester and Analyst departs Forrester, you can find his blog announcement . I’ve admired Bruce’s commitment and quality of work as a fellow colleague, and wish him luck on his next ventures. He really is one of the Star Analysts out there, be sure to connect with him and clinch his sage advice early before he gets totally booked. Dr Natalie Petouhoff “Dr Nat”, is a former colleague at Forrester covering the customer experience and knows the Social CRM landscape and social support. She’s also moved on, you can find her blog , and you should connect with her as she launches her consulting career. Dion Hinchcliffe joins the Dachis Group, one of the leading consulting firms that gets social business. The Dachis Group is poised to become the next system integrator vendor and consulting firm, and I expect them to give the ‘big’ consulting firms a run for their money as they continue to hire talent, thought leaders, and stay nimble and flexible. Steve Gillmor, famed Techcrunch IT editor (and former colleague of mine at PodTech) j oins Salesforce in the strategy team . This is an extremely smart move for Benioff as Salesforce knows success of the chatter and appxchange platform is to connect with the web startups. Steve is a direct and indirect influencer over the startup ecosystem and this lays a big bridge down for Salesforce to take marketshare in the developer ecosystem. Mona Nomura joins MySpace as a social media marketing manager , her online presence will match with the youthful and active MySpace community, a key hire in the regrowth and build of MySpace. Sanjay Dholakia former CMO at Lithium is now heading up Crowd Factory as the CEO , I’ve worked closely with Sanjay and am looking forward to see the next successes he does in the future. Uwe Hook launches BatesHook focusing on business transformation agency by integrating Social Media initiatives. Maria Ogneva joins Biz360 as Director of Social Media Propel and manage online buzz for Biz360, a social media monitoring and measurement platform. Greg Hollings joins FreshNetworks as Head of Community Management Manages and heads up the community management team at busy social media agency. Glenn Conradt joins CoreMedia as Vice President of North American Marketing, Sales and Operations. Dean McBeth joins Wieden + Kennedy as the Old Spice Community Manager focused on using social media to maximize the positive perception of the brand and the effectiveness of campaigns. Ryan Turner joins ZAAZ as Director, Social Media Lead the social media practice at ZAAZ, part of the WPP network. Brett Goodwin joins MyWebGrocer as Senior Account Director focused on sales. Sabrina Suares joins MyWebGrocer as Director, Eastern Sales Talented Bob Garfield joins Fizz as Consultant in Residence, I look forward to the work he does, find his announcement blog post . Ben Grossman joins Oxford Communications as Interactive Strategist Launch concerted social communications group and serve as interactive strategy lead for digital projects from an integrated standpoint. Ariel Sasso joins DataXu as Marketing Communications Manager Growing DataXu’s reputation and presence with integrated marketing, communications and social media initiatives. Tom Edwards joins Red Urban as VP, Digital Strategy & Emerging Technology Digital & Social Media Strategy How to connect with others (or get a job): Several people have been hired because of this blog post series, here’s how you can too: Submit an announcement If you know folks that are moving up in the social media industry, submit to this form Seeking Social Media Professionals? If you’re seeking to connect with community advocates and community managers there are few resources This list, which started with just 8 names continues to grow as folks submit to it. List of Social Computing Strategists and Community Managers for Enterprise Corporations 2008 –Social Media Professionals . Job Resources in the Social Media and Web Industry Web Strategy Jobs powered by Job o Matic (Post a job there and be seen by these blog readers, these affiliate fees pay for my hosting) Read Write Web keeps announcements flowing at Jobwire , although is broader than just social media jobs Facebook group for community manager group in Facebook Jake McKee’s community portal for jobs Chris Heuer’s Social Media Jobs SimplyHired aggregates job listings, as does Indeed ForumOne Jobs for Social Media and Community Teresa has a few jobs, some around community New Media hire has an extensive job database Social Media Headhunter Social media jobs Jobs in social media Altimeter Group’s list of social media consultants and agencies Social Media Strategists and Community Managers for 2010 Hiring? Leave a comment If you’re seeking candidates in the social media industry, many of them are within arms reach, feel free to leave a link to a job description (but not the whole job description, please)
Twitter’s Entire Archive Headed to the Library of Congress
The US Library of Congress announced this morning via its official Twitter account that it will be acquiring the entire archive of Twitter messages back through March, 2006. In addition to a massive printed collection, the Library already has an extensive collection of other digital assets. The Library of Congress is the biggest library in the world. The Library does extensive work with data format standards , the semantic web and other platforms for outside analysis. The addition of Twitter into the organization’s offerings could foster an enormous amount of academic research. From a new kind of historical record to an unprecedented opportunity for discovering patterns of social interaction, this is big. Sponsor When the Library of Congress was founded in the year 1800, publishing was very expensive and relatively few people did it. Today thanks to blogs, YouTube, Facebook and certainly Twitter – it’s a new world. Publishing is far faster, easier and more accessible today than at any point in human history. That might seem obvious, but on a day like today it’s worth thinking about some more. For now there’s more questions than answers with regards to this Library of Congress Twitter news. Will the archive include friend/follower connection data? Will it be usable for commercial purposes? Will there be a web interface for searching it and will that change the face of Twitter search for good? Is there any way that the much larger archive of Facebook data could be submitted to the same body for analysis of the same kind? These kinds of large data sets are poised to become one of the most important resources the Internet creates. As Kenneth Cukier wrote in the Economist’s recent Special Report on Big Data , “Data are becoming the new raw material of business: an economic input almost on a par with capital and labour.” Twitter co-founder Biz Stone said today that there are 105 million registered users on the service. How will those users feel about their Tweets being archived for posterity? Will non-US users be included (it is a US based company) and object? Lots of questions remain. There’s no word from Twitter itself about this news but we expect details to become public during the Chirp developers conference starting in just a few minutes. Update: Twitter HQ just told us that a blog post about this news is forthcoming. It’s hard to imagine a more significant milepost in social media’s early march toward becoming an essential component of our social experience. Discuss
UK MP Solicits Digital Pledges
Tom Watson, the digitally literate British parliamentarian and Labour PPC for the West Bromwich East Constituency, has established a series of ” digital pledges ” in the wake of the Digital Economy Bill in the United Kingdom. Watson was one of the primary opponents of the bill, which makes it possible for the British government to put the kibosh on pesky websites under the guise of copyright infringements. Sponsor “I want to stand on a platform that is avowedly supportive of the generation that seek to use the Internet to make the world a better place,” Watson said. He’s leaving comments open until April 14 and has created a dedicated site for this discussion in the hope of honing the pledges. The discussion site has a voting function and “I believe that copyright and software patent laws should be reformed to reflect the needs of citizens in the Internet age” is the clear leader so far. Given the proliferation of information-restricting legislation around the globe, we would like to see candidates in every election in every country make similar pledges. How about it? Here’s a model for you in Watson’s. My (draft) Digital Pledges I will support and campaign for more transparency in the public and private sector. I will oppose measures that unjustly deny people’s access to the Internet. Whilst noting the acknowledged limitations, I believe people have the right to free speech on the Internet. I will support all measures that allow people access to their personal data held by others. I further support restoration of control over how personal data is gathered, managed and shared to the individual. I will use my role as an MP to support international free expression movements. The Internet shall be built and operated openly and without discrimination. I will support all measures to bring non-personal public data into the public domain. I will support all proposals that lead to greater numbers joining the digital world and oppose measures that reduce it. I believe that copyright and software patent laws should be reformed to reflect the needs of citizens in the Internet age. Discuss