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Comment filing fees (Score 1) 219

The article mentions:

An appeals process does at least exist. Before a "mitigation measure" is taken, users can request an independent review of the accusation, but not from a judge; it remains unclear who exactly will handle the appeal. To keep everyone from using the system every time, there's a $35 filing fee (which can be waived by the independent reviewer).

But notably absent is any mention of a filing fee copyright holders need to pay to prevent them from abusing the accusation process.

Submission + - Can't Afford Lawyers? Then It Isn't Fair-Use. (waxy.org)

esocid writes: Artist Waxy, producer of Kind of Bloop, a chiptune tribute to Miles Davis' Kind of Blue, went out of his way to make sure the entire project was above board, licensing all the cover songs from Miles Davis's publisher and giving the total profits from the Kickstarter fundraiser to the five musicians that participated. The album sold for $5,and used a pixellated version of the original cover, done by hand, and thought it qualified as fair use.

In February 2010, attorneys representing the Jay Maisel, the photographer who shot the original photo of Miles Davis used for the cover of Kind of Blue contacted Waxy. In their demand letter, they alleged that the pixellated image was infringing on Maisel's copyright and sought damages up to $150,000 for each download, and $25,000 for DMCA violations. Waxy eventually settled for $32,500.
Waxy and his lawyers firmly believe that the pixel art is "fair use" and Maisel and his counsel firmly disagree. He settled for one reason: it was the least expensive option available.

Hardware Hacking

World's First Custom Firmware For Wii Released 165

Croakyvoice writes "Waninkoko has released the world's first custom firmware for the Nintendo Wii, which is installed using the twilight hack; among its features is the ability to allow writeable DVDs to be read in emulators. From the readme: 'The Custom Firmware installs as IOS249 and it does not modify any other IOS so it is secure to install and has been made to be used ONLY with homebrew software. This is a custom IOS, an IOS modified to add some new features not available in the official IOS.'"

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