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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
The rest is here:
Twitter, DMCA Take-downs & the Prior Restraint of First Amendment Speech
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I love to sit on the beach. One of the coolest things about the beach is the number of layers of visual depth. Look at the sand and it's beautiful, but zoom your eyes in closer and you'll see a whole layer of life running around on the sand that you didn't see before. Look even closer and you can see individual grains of sand, water and light dancing between them. Look closer still and you see that each grain of sand is a unique object with its own texture. If your eyes are strong enough, or you have a machine to help you, you can see even more layers by looking closer still. That's what Twitter is going to be like with the launch of Twitter Annotations this Summer. It's a beautiful vision, with huge potential, but there's another way to look at this analogy: you don't build on the beach sand because it shifts too much. Will Annotations live up to its incredible promise? Sponsor What Annotations Are Last week Twitter announced a forthcoming feature called Twitter Annotations: it's a system for almost any metadata to be connected to any Twitter message when it's published. Inside every Tweet is now a space where you could put or find anything, including links out to further instructions or larger bodies of information. That's always been the case with the 140 characters of content - but now we're talking about systematic metadata intended for machines, to augment the content. The idea is dripping with potential, but also some risk. Isn't much of life's meaning found in the play between limits and the infinite? Twitter has been considering adding Annotations for at least two years, according to Platform Team member Raffi Krikorian. That's a relatively large portion of the company's young life. Every time a new bit of metadata was added to Tweets, like geolocation information was last Fall, the company would ask itself "should we be doing this, or should we just open up the platform for and and all metadata?" Now the company has decided to do just that. Twitter publishing tools can now add a description to any tweet their users publish, not as a part of the 140 character message, but as a small machine-readable metadata field that travels along with the content. What might this look like? We could see Annotations fields like: Link to a media file, like podcast enclosures, photos linked to, etc. Context about the Tweet like where was the author when it was published, maybe what the weather was like there at the time. Your Twitter publishing interface could offer you a special option to write reviews of movies, books, or links you're sharing. The ISBN of the book, a link to a preview of the movie and the number of stars in your rating could be included in the Tweet Annotations. Any way you can classify, describe, append or otherwise enrich a Tweet with words or numbers can be included in Annotations. You Tweet, you attach a characteristic or quality, you define the characteristic and then you provide a value of how or what that Tweet did relative to the quality being referenced. Twitter clients like Seesmic, Tweetdeck and more will make it easy for users to add these annotations. Yes, this is meaningful in large part because of the 140 character limit on Twitter messages themselves, but isn't much of life's meaning found in the play between limits and the infinite? From Annotations Come Analysis Annotating a single Tweet is uninteresting, it's when you hit the Twitter databases and gather together all the Tweets that share a characteristic that thinks get exciting. When those selected Tweets can then be cross-referenced with other sets of data from outside Twitter - that's when the word fecund starts feeling inadequate. Show me all the Tweets from my friends that have links to music and play me those songs. Twitter clients like Seesmic, Tweetdeck and others are going to make viewing that kind of data a whole lot easier. Tweetmeme's Nick Halstead believes that Annotations will be used most extensively to communicate webhooks, links to instructions for a Twitter client to follow. He thinks it will enable game play and help Twitter start acquiring more users again. "Because of the size of the data you can put in the annotations, I think people will come up with links to offsite resources. Seesmic is building their own platform for Windows to support plug-ins, but this reaches much further, but this lets Twitter clients augment a tweet with other services. Sf you were Stocktweets, you could attach a link in the namespace that's in stocktweets, Seesmic could follow that link back to Stocktweets and ask it how to render it. So you could put a chart and any other associated information. It's like FBML [Facebook Markup Language], the ability to embed applications inside the Twitter clients. Maybe threaded conversations. A game of Scrabble where the link points at a currently rendered scrabble board, so other people could look at the board and join in playing it. Annotations and webhooks would allow gaming to start happening on Twitter." Halstead believes an Alpha version of Annotations could be made available to developers in a month. How about showing me all the Tweets from anyone that are referencing the President of the United States (subject: POTUS?), analyze the sentiment in the messages, show me where those Twitter users were located and tell me how those local sentiments change over time. Send me an alert when one of those starts to shift radically. Show me all the Tweets by people in their 20's and in their 50's (imagine an author age tag in Annotations, why not?), living near the site of a disastrous event. How do those discussions differ? There are all kinds of interesting questions that could be tackled when the developer world's imagination runs wild on the terms of description applied to our messages. Of course it will be tempting to draw all kinds of conclusions from this rich data. We'll surely be able to draw a whole lot of value from it. "You can learn something from almost anything," Big Data cruncher and 80Legs CEO Shion Deysarkar says. "Just give me enough data, I'll figure out something." But let's keep in mind the words of social network scientist danah boyd, who wrote the following on her blog this morning: Time and time again, I see computational scientists mistake behavioral traces for cultural logic...Big Data creates tremendous opportunities for those who know how to assess the context of the data and ask the right questions into it. But mucking with Big Data alone is not research. And seeing patterns in Big Data is not the same as hypothesis testing. Patterns invite more questions than they answer. Tweet Power Politics Twitter's Krikorian says the site will probably list "trending annotations" just like it lists trending topics today. There will probably be a wiki where anyone can find out what namespaces are being used for what purposes. Really though, the classification system is going to be determined by the market. That's something that worries a lot of people. "People who believe in building standards are conerned about our blase attitude about how we want to run annotations," Krikorian says. He believes that the developer community will work things out for itself, just as it has in the past. "There has been a lot of emergent behavior around how to relate to tweets anyway, without our imposing much structure around it. The Twitter platform is continuously evolving - the developers will figure it out. Twitter developers iterate in public." That's likely to be cold comfort for people focused on the power of structured data standards. Many people are calling for Twitter to embrace the well-built efforts of the Semantic Web community. Krikorian says that 90% of Twitter developers don't know what the Semantic Web is but that there's certainly room for standards lovers to work within the Annotations scheme. Still, the absence of standard terminology could really be a problem. Annotations can't be changed retroactively, either. Krikorian says that major players will dominate the obvious use cases for Annotations and the company will monitor and highlight really innovative Annotations developed by people on the margins. We'll see how well that will work. Imagination will make the sky the limit for this publishing platform used easily by more than 100 million people around the world. But a shortage of forethought, planning and agreed-upon standards may bring that platform's aspirations back down to earth quickly in the future. Time will tell. Discuss
More here:
What Twitter Annotations Mean
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Viadeo , the social network for business, has added five applications built on Google's OpenSocial platform. These apps are Twitter, YouTube, PollDaddy, a doc sharer called Ayos iShare and Google Presentation. iShare will allow users to upload any file up to 100 MB and post it for download on their account. The Twitter app will allow a user to post their Tweet automatically on their Viadeo page. The Google Presentation function will allow them to convert Powerpoint presentations to Google and share them. Sponsor Viadeo is down in the ranks. Compete.com gives LinkedIn over 14 million visitors a month compared to 157,000 for Xing and 96,000 for Viadeo. Certainly, the ability of users to branch out and back with these apps should make it more appealing. The question remains, however, not which business-focused social networks have the most features, or the most users, but the most utility. In that respect, I fear they are neck and neck. After years on the service, and over a year on unemployment, all I got, even with an old supervisor firing me job ads via LinkedIn, was a quick phone interview that went nowhere. That's a guy with some experience, at some high-profile companies, actively searching, with friends on the look-out. ReadWriteWeb has theorized before that part of the limitations of LinkedIn, in particular, is the fact that it's a walled system. If its API opened up, it would benefit the social web as a whole, perhaps. But would it help the job seeker? The hiring manager? The sales or biz dev person looking for contacts? I am not sure. But one person's experience could be anomalous. So let me ask you, the ReadWriteWeb reader: What difference has your membership in a business-oriented social network like LinkedIn, Xing or Viadeo made in your career in the last year? Discuss
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Business Networking Service Viadeo Adds 5 Open Social Apps
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What's the best way to leverage the most information out of 140 characters? Should you get to learning Mandarin so each character can be a word? Or start forming German-style pseudo-word hashtags to get the point across? Or perhaps, you could parse the natural language, encapsulate the tweet in meta data and go from there. We've already seen additional information stacked onto our Tweets, as with the geo-location API released last November , but Cascaad's SuperTweet API does more than wrap your tweet in client-provided data like GPS coordinates. Sponsor Cascaad has released its first beta of the SuperTweet API, which it says will allow third-party Twitter applications to "add smart contextual information and monetization , including semantic entity markup, nonintrusive in-text affiliate commerce links, related content [and] social relevance scores". The SuperTweet provides users with "an at-a-glance view of additional information about stories, things and places discussed in the message, without forcing them to leave your application," according to the API documentation . The API allows developers to parse a tweet, identify separate "entities" and then gather external contextual information on those entities. It then adds this information to the original tweet to create a "SuperTweet". If a tweet mentions Lady Gaga, for example, the name "Lady Gaga" becomes a link to a biography pulled from semantic-web database Freebase . Next to that, the SuperTweet gives an affiliate link to Amazon, where you can go buy Lady Gaga CDs. And if a link to an article about Lady Gaga is included in the tweet, the SuperTweet provides a thumbnail preview. In addition to wrapping these entities in contextual information, the SuperTweet API unwraps shortened URLs back into the original link so the user has an idea of what they're clicking on. And, although not yet available in this release, the Conversation API will put the tweet in the context of a conversation, providing access to other public messages in the same conversation thread. The challenging part of all of this is that the API needs to parse a rather variable piece of content - a user created tweet - and find the appropriate meta data. Just like a search engine, it needs to recognize misspelled words or other slight variations to find the proper content. One Twitter developer we spoke with said that, while they like the idea of outside information being added to the base tweet, they have found the contextual results to be hit or miss. It would seem that the concept is solid, but the execution is still in the difficult learning stages. While we like what we've seen of the SuperTweet so far, it will only be worthwhile if it can provide accurate results. If we tweet about the iPhone and it links to the Amazon page for the iPad, the service will fall flat on its face. Get this part right, though, and we're willing to be you're going to start seeing Super Tweets in some Twitter apps soon. Discuss
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SuperTweet: Moving Beyond 140 Characters
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