WASHINGTON, January 13, 2010 – The consumer advocacy group Public Knowledge on Tuesday hosted the first-ever World Fair Use Day. “Fair use” refers to the defense, under the copyright statute, that permits individuals and businesses to make use of others’ copyrighted material under certain circumstances.
The keynote speaker was Rep. Mike Doyle, D-Penn., who told the attendees how Congress as a whole sees the issue of mixing and mashups – they don’t understand it.
Additionally, Doyle defended the rights of artists and reaffirmed his support of the doctrine. He also warned about actions being taken by the U.S. trade representative in the Anti-Conterfeiting Trade Agreement negotiations. And he acknowledged that many congressional officials want the process to be more transparent:
“I join with Senators Bernie Sanders, Sherrod Brown in wanting deliberations to be more public, and I’m very interested in hearing the answers to Senator Wyden’s letter from last week asking the US Trade Rep to respond to allegations like the one I just outlined. If ACTA is to succeed – and it might – the United Kingdom has it right when it says that “transparency is crucial to ensure the legitimacy of the agreement and to stop the spread of rumors. We believe the lack of transparency is unhelpful and do not believe that it is in the public interest.”
The chief complaint which was brought forth by most of the artists in attendance was that companies are more likely to sue them for copyright infringement than to work with them.
One exception to that rule was Dan Walsh, creator of the massively popular website http://garfieldminusgarfield.net. He was paid by copyright holder Paws, Inc., to edit and put together a collection of comics which was then published into a book.
Another organization supporting the Fair Use Day was Microsoft. The software giant, typically seen as an aggressive supporter of its own copyright, has created an end-user license agreement to make modifications to its Xbox game content.
Microsoft said that “so long as you respect these rules, Microsoft grants you a personal, non-exclusive, non-transferable license to use and display Game Content and to create derivative works based upon Game Content, strictly for noncommercial and personal use.” However, the company also said that “We can revoke this limited use license at any time and for any reason.”
The second panel of the day focused on best practices and how teachers, archivists, film makers and students. Many complained about how they were subject to the vagaries of courts’ interpretations of Fair Use.
Under Section 107 of the Copyright Act, which codifies the common law of Fair Use, courts are to consider four factors in determining whether a particular infringing use is excused by Fair Use defense:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
- The event brought together lawyers, policy makers and artists to talk about the various issues regarding the subject.
Videos of each of the panels can be seen here.
Debra Berlyn: What’s New in 2022 for Aging and Tech?
Older adults continue at a rapid pace to adopt tech that assists the aging process.
It’s the start of a new year and time to view what’s on the horizon for the latest technology innovations. To our great anticipation, the most significant technology event of the year, the Consumer Electronics Show, returned in-person to Las Vegas!
CES 2022 literally rolled in with some eye-catching innovations and gadgets unveiled at CES, notably with a BMW that can change its color and patterns with the use of a phone app. CES also unveiled the usual army of robots to clean the house, provide learning skills, and entertain. The Ameca robot is “human-like” and can be programmed with software using artificial intelligence, offering both speech and facial/object recognition. Ameca will engage in conversation and complement you on your lovely red hat.
The more important technology story for consumers for 2022, isn’t just the “wow” innovations that may or may not make it to market this year, it is the tech that will enhance and improve all of our lives. This is particularly important for the aging community, who increasingly rely on tech to stay connected to family and community, and as an important component of healthcare.
Those 65 and older continue to adopt tech at a rapid pace, narrowing the gap with their age 18-29 younger counterparts. Now, over 65% of older adults have broadband at home, 44% have tablets, and 61% have a smartphone. These “basics” form the foundation for layering the more sophisticated health and wellness and smart home innovations available today, and on the horizon.
The pandemic has emphasized the importance of tech for the aging community. A recent AARP study has confirmed that technology is a “habit” that is here to stay for older adults. The past couple of years has led to an emphasis on tech devices to monitor our health, help us stay fit and get connected to our health care professionals. We are spending more time at home for work and leisure, and while at home we want to be able to manage our energy use, home security, appliances and more.
According to the chief technology officer at Amazon, Werner Vogels, one of his primary predictions for tech this year is, “In 2022, our homes and buildings will become better assistants and more attentive companions to truly help with our most human needs. The greatest impact in the next few years will be with the elderly.”
Technology can provide solutions to make life easier for older individuals
A critical opportunity that technology provides is to solve tough problems such as how to make life just a bit easier for older individuals and address their greatest challenges as they age. Voice assistive tech continues to be a popular device for older adults. One-third (35%) of those 50-plus now own a home assistant, up from 17% just two years ago, with the voice assistant serving as a significant tool to reduce isolation for older adults.
While the AARP study found that growth of ownership of voice assistants, such as the Amazon Echo and Google Home, may have slowed for younger demographic groups, ownership continues to be on the rise for older adults.
Here are several examples of innovations for the aging community:
- The Labrador Retriever is an assistive “robot” that empowers individuals to live more independently by providing practical, physical assistance with everyday activities. The robot is a rolling container with trays that can be “commanded” to go to different locations in the home to retrieve objects and carry them to various locations. It maps the home and “learns” how to navigate the space to operate wirelessly.
- Tech devices that enable older individuals to track several critical aging factors continue to be introduced and desired in the marketplace. The “Buddy” from LiveFreely, is smartwatch software that monitors and manages fall prediction and detection, medication schedules and reminders, and emergency notifications. With alerts to family members, caregivers and emergency services providers, it provides wearers with an enhanced sense of security and independence. The software operates on both the Apple and Fitbit device.
- For any aging adult with mobility issues, or their caregivers, you know that just getting around can be a challenge and now there are advances to the most needed tool in aging: the walker. One company, Camino, has developed a sleeker, advanced walker with an ergonomic design, lights and improved navigation for bumps in the road to provide greater walking assurance and balance.
- The “Freestyle,” from Samsung, is an entertainment component of the smart home for older adults. It is a projector device with accessibility features that can be used inside the home or out, to project content such as a movie, photos or messages from any smartphone onto any surface.
AARP’s 2022 study on technology trends also recognizes that the increasing older demographic has significant purchasing power in the consumer market, including for technology spending. The study found, “Tech spending in 2020 among adults 50+ is up 194% (from $394 to $1144) to modernize, update, or create a better experience online.”
It also projected that by the year 2030, “the 50-plus market is projected to swell to 132 million people who are expected to spend on average $108 billion annually on tech products.”
In the coming years, older adults will have a wide range of new and innovative products to exercise their market power and find the right technology to enhance and assist their lives as they age. Over the past decade, technology has empowered older adults to be increasingly more independent, battle isolation, and stay informed and connected. While we can’t predict the future, the next decade should be an exciting opportunity for new innovations for the aging community.
Debra Berlyn serves as the executive director of The Project to Get Older Adults onLine (GOAL), and she is also the president of Consumer Policy Solutions. She represented AARP on telecom issues and the digital television transition and has worked closely with national aging organizations on several internet issues, including online safety and privacy concerns. She serves as vice chair of the Federal Communications Commission’s Consumer Advisory Committee and is on the board of the National Consumers League and is a board member and senior fellow with the Future of Privacy Forum. This Expert Opinion is exclusive to Broadband Breakfast.
Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to email@example.com. The views reflected in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.
Digital Inclusion Leaders a Critical Step to Closing Digital Divide: National League of Cities
The National League of Cities said government leaders need to have ‘multiple points of engagement’ with communities.
WASHINGTON, January 20, 2022 – To understand the digital divide, cities need to include digital equity leaders in their broadband needs assessment programs, the National League of Cities said at an event on community connectivity challenges Wednesday.
A broadband needs assessment would allow city leaders to explore the extent of the digital divide in their communities, said Lena Geraghty, the National League of Cities’ director of urban innovation.
“[A needs assessment] enable city leaders to dig into who’s being excluded, what’s currently available in your city, and what solutions city leaders can use” to close the digital divide, she said.
“The community is going to know best about where access exists, where gaps exist, and the needs that will make connectivity better,” Geraghty said. To get the best picture of a community’s need, stakeholders must find and include the community’s digital equity leaders in the data-gathering process, she added.
“These could be people that are knowledgeable about digital equity or people that are experiencing the digital divide,” she said. “Think really broadly about what it means to be a leader and the type of information these folks can bring to bear in solving the digital divide in your communities.”
Geraghty said it may be useful to formalize the leaders’ work by creating a broadband working group or ad hoc committee led by the city’s government. “Giving some roles and responsibilities can help everyone move in the same in direction, there’s agreement, and really clear goals and outcomes.”
Geraghty added that it’s important for government leaders to establish multiple points of engagement for the community. “It’s not enough to gather data or information from people once,” she said. “The state of access to the internet and devices is always changing,” so leaders should create multiple touch points for community input.
The National League of Cities released its Digital Equity Playbook for cities in December, walking readers through how they can promote digital equity in their cities. The playbook has a four-step process on how to get started with digital equity.
By walking readers through the process of connecting with the community, evaluating the connectivity landscape, gathering foundational information and reporting on findings, city leaders will be prepared to target broadband funding to unserved and underserved areas in their communities.
FCC Commissioner Starks Says Commission Looking into Impact of Broadband, 5G on Environment
Starks sat down to discuss the promise of smart grid technology for the environment.
WASHINGTON, January 19, 2022 – Former and current leaders within the Federal Communications Commission agreed Thursday that it is important to make sure the FCC’s broadband efforts support the nation’s goals for the environment.
On Thursday, during a Cooley law firm fireside chat event, Robert McDowell, a former FCC director, and current FCC Commissioner Geoffrey Starks discussed how broadband expansion and next-generation 5G mobile networks will affect the environment.
Starks said that the commission is currently focusing on answering that exact question and are evaluating the current attempts to protect the environment, as more money is expected from the federal government and as broadband infrastructure expands. That includes putting more fiber into the ground and erecting more cell towers, but also allowing for a broadband-enabled smart grid system that will make automated decisions on energy allocation.
Smart grid systems, for example, provide real-time monitoring of the energy used in the electrical system. These systems can help to reduce consumption and carbon emissions, Starks said, by rerouting excess power and addressing power outages instantaneously in the most efficient and environmentally friendly manner. The smart grid systems will monitor “broadband systems in the 900 MHz band,” said Starks.
Starks also noted the Senate’s “Strengthening Mobility and Revolutionizing Transportation” initiative, which would set apart $500 million for cities across America so they can begin working on ways to lower carbon emissions.
FCC also focused on digital discrimination
Starks said the commission is also focusing on “making sure that there is no digital discrimination on income level, race, ethnicity, religion, national origin,” and that it all comes down to funding and who needs the money.
He stated that the first step is to finalize the maps and data that have been collected so funding can be targeted to the areas and people that need it the most. Many have remarked that the $65 billion allocated to broadband from the Infrastructure Investment and Jobs Act will not be divvied out until adequate maps are put in place.
Starks noted that broadband subsidy program Lifeline, although fundamental to some people’s lives, is significantly underutilized. Starks stated that participation rates hover around 20 percent, which led the FCC to explore other options while attempting to make Lifeline more effective. For example, the Emergency Broadband Benefit Program – which provides monthly broadband subsidies – has been replaced by the Affordable Connectivity Program, a long-term and revised edition of the pandemic-era program.
Starks and McDowell also stated their support for the confirmation by the Senate of Alan Davidson as the permanent head of the National Telecommunications and Information Administration and expressed that Davidson will be a key player in these efforts.
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