Lessig writes on this major ruling.
In non-technical terms, the Court has held that free licenses such as the CC licenses set conditions (rather than covenants) on the use of copyrighted work. When you violate the condition, the license disappears, meaning you’re simply a copyright infringer. This is the theory of the GPL and all CC licenses. Put precisely, whether or not they are also contracts, they are copyright licenses which expire if you fail to abide by the terms of the license.
Full post from Lessig.org here

NYTimes reports on textbook piracy. Textbooks are being scanned and torrented on The Pirate Bay, et all. Scanning the entirety of a text book seems like a lot of work, but I guess it pays off:
Time flies, however, if you’re having a good time plotting righteous revenge, and students seem angrier than ever before about the price of textbooks. More students are choosing used books over new; sales of a new edition plunge as soon as used copies are available, in the semester following introduction; and publishers raise prices and shorten intervals between revisions to try to recoup the loss of revenue — and the demand for used books goes up all the more.
So the Napster moment is coming for print publishers? I think they have a certain fear of this. I think there is a willingness to try new things, but the problems is locking them down with DRM doesn’t work, and doesn’t make anyone happy. I think this has a lot to do with why we were given a Creative Common license for Digital Foundations
Harper Collins has analyzed the data, and concluded that their one month free access to Neil Gaiman’s American Gods had direct and measurable increase on sales. They were only able to measure it among independent booksellers, as there was an alternate Gaiman promotion going on at the big box bookstores:
The Browse Inside Full Access promotion of American Gods drove 85 thousand visitors to our site to view 3.8 Million pages of the book (an average of 46 pages per person). On average, visitors spent over 15 minutes reading the book.
The Indies [ie. independent booksellers — Neil] are the only sales channel where we have confidence that incremental sales were driven by this promotion. In the Bookscan data reported for Independents we see a marked increase in weekly sales across all of Neil’s books, not just American Gods during the time of the contest and promotion. Following the promotion, sales returned to pre-promotion levels.
Gaiman’s Journal for full post
Kottke reports on an author & publisher in dispute over Google Print.
To that end, she asked her publisher, Simon & Schuster, to put her book up on Google Print so it could be found, and they refused. Now they’re suing Google over Google Print, claiming copyright infringement. Meghann is not too happy with this development.
It is amazing to see the publishers *not* get it. Every study shows that Google Print and Amazon’s Search Withing The Book increase sales. And they benefit long tail authors.
Full Story
Its only in Canada for the moment, but MiniBookExpo is a service to get books to bloggers for review. Something we have thought about too.
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Claim It.
* watch for a book you want
* click through to claim it
* make sure it’s not already claimed by someone else
* leave a comment to claim it (max 2)
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Get it.
* we’ll confirm you claimed it in the comments.
* then email you for your address
* send me your address
* Canada Post will bring you your book.
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Read it.
* can you really say anything if you haven’t read it?
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Blog it.
* Post something about the book within a month of getting it
* include a link to the publisher and the author if possible
* if you don’t have a blog, send me your review & I’ll post it here for you
Digital Foundations has shown up on the Pearson website. Pearson is the parent company of Peachpit, which is the parent division of New Riders, which publishes the AIGA Design Press. Its a mouthful.
Oh, yeah, we picked a cover!

The wiki, at wiki.Digital-Foundations.net is ready for editing. We have posted the table of contents and the first three chapters. The chapters will be open for editing for two weeks. The plan is to post three chapters every two weeks.
You will need to create a user account and login (upper right hand corner of the page.)
We thank you in advance.
Here are the three first round sketches. Which one do you like best? Which one would you pick up in the bookstore? Which one would you assign in your class? Vote below, post comments to the post, or email additional feedback to authors AT digital-foundations DOT net.
If you are really hardcore, we have attached the Illustrator Files in a .zip file here.
Which book cover design do you like best?
- #2 Blocks (33%, 11 Votes)
- #1 lowercase “f” (30%, 10 Votes)
- #3 All Text (21%, 7 Votes)
- #4 Tilted Rectangle (15%, 5 Votes)
Total Voters: 33

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In reverse alphabetical order
#1, lowercase “f”

#2 Blocks

#3, All Text

#4 Tilted Rectangle

Which book cover design do you like best?
- #2 Blocks (33%, 11 Votes)
- #1 lowercase “f” (30%, 10 Votes)
- #3 All Text (21%, 7 Votes)
- #4 Tilted Rectangle (15%, 5 Votes)
Total Voters: 33

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A Yale law paper looking at Magic as a site of Intellectual Property “Negative Space” where innovation flourishes, rather than dies. (From Steve Lambert.) From the abstract:
Intellectual property scholars have begun to explore the curious dynamics of IP’s negative spaces, areas in which IP law offers scant protection for innovators, but where innovation nevertheless seems to thrive. Such negative spaces pose a puzzle for the traditional theory of IP, which holds that IP law is necessary to create incentives for innovation.
This paper presents a study of one such negative space which has so far garnered some curiosity but little sustained attention - the world of performing magicians. This paper argues that idiosyncratic dynamics among magicians make traditional copyright, patent, and trade secret law ill-suited to protecting magicians’ most valuable intellectual property. Yet, the paper further argues that the magic community has developed its own set of unique IP norms which effectively operate in law’s absence. The paper details the structure of these informal norms that protect the creation, dissemination, and performance of magic tricks. The paper also discusses broader implications for IP theory, suggesting that a norm-based approach may offer a promising explanation for the puzzling persistence of some of IP’s negative spaces.