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[阅读小分队] 【Native Speaker每日综合训练—38系列】【38-15】经管 Copyright

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发表于 2014-7-3 22:35:31 | 显示全部楼层 |阅读模式
内容:小蘑菇开始打怪  编辑:小蘑菇开始打怪

公益申请名额,每月一名

Stay tuned to our latest post! Follow us here ---> http://weibo.com/u/3476904471

写在前面:
Speaker:之前看到过一个30岁的姐姐在纠结这个年纪了到底还要不要继续读MBA,今天听到这个虽然是讲给二十多岁年轻人听的TED speech觉得,其实任何时候,只要想改变,都不会晚。二十多岁的时候更应该作出新花样~You are deciding your life right now.
Speed:一个案例,到底倒卖图书侵不侵犯原出版社的版权呢啊~
Obstacle:DMCA有时办事也不靠谱,盲人们读书真不容易,看到那个申请流程有种国税局即视感...不能更烦~
Enjoy Reading~~

Part I: Speaker

Why 30 is not the new 20

[Rephrase 1]



[Speech, 15:04]

Source: TED
http://www.ted.com/talks/meg_jay_why_30_is_not_the_new_20

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 楼主| 发表于 2014-7-3 22:35:32 | 显示全部楼层
Part II:Speed

High court rules for seller in copyright dispute over foreign-made goods
By Bill Mears, March 19, 2013


【Time 2】
Washington (CNN) -- The Supreme Court threw its legal weight Tuesday behind a Thai student whose side business selling foreign-made textbooks got him in trouble with the publisher.

The justices ruled 6-3 that copyrighted works made and purchased abroad can then be resold within the United States without the copyright owner's permission.

The ruling is a victory for those who buy and sell books, movies, music, and artwork, and perhaps even furniture, electronics, automobiles, and clothing -- anything that may be considered "intellectual property."

Storefront and at-home secondary retailers, libraries, artistic venues -- even the local garage sale -- would also be affected.
Justice Stephen Breyer, writing for the majority, said to rule otherwise would create financial chaos, citing public libraries as an example.

"How can they find, say, the copyright owner of a foreign book, perhaps written decades ago?" he said. "Are the libraries to stop circulating or distributing the millions of books in their collections that were printed abroad?"

The legal dispute had attracted interest from the Obama administration, media and publishing companies, and a range of consumer and retail groups.

Competing claims of intellectual property and owners' rights in the electronic age made Supap Kirtsaeng's venture one of the most closely watched business cases at the high court this term. He bought textbooks abroad, where the prices are lower, and resold them in the United States.

The justices considered the limits of two key interpretations of copyright law -- the "first sale doctrine" and its complex relationship to foreign distribution rights.

The first sale doctrine generally gives copyright holders the ability to profit only from the original sale.
【271 words】


【Time 3】
It essentially means once a person lawfully buys a Peter Max lithograph or an Adele music CD in the United States, that person then can sell that copyrighted work in the United States without punishment and without having to compensate the original copyright holder.
It ensures a distribution chain of retail items, library lending, gift giving and rentals for a range of intellectual property. That stream of commerce includes secondary markets like flea markets and online resellers Craigslist and eBay.

The idea -- upheld by the Supreme Court since 1908 -- is that once a copyright holder legally sells a product, the ownership claim is exhausted, giving the buyer the power to resell, destroy, donate, or whatever. It's a limited idea, involving only a buyer's distribution right, not the power to reproduce that DVD or designer dress for sale.

The tricky part is whether that first sale doctrine applies to material both manufactured and first purchased outside the United States.
Breyer said it does: "The upshot is that copyright-related consequences, along with language, context, and interpretative canons, argue strongly against a geographical interpretation."

John Wiley & Sons, the publishing firm that sued Kirtsaeng, argued it readily sells its products overseas at a cheaper price -- particularly to countries in Asia, the Middle East and Latin America -- to satisfy an audience that may have less income than in the States or Europe.
【232 words】


【Time 4】
Such differences in worldwide prices are often exploited by retail and resale firms, especially on high-end luxury and specialized items. Known as parallel sales or the "gray market" -- foreign-made goods obtained through second-hand sources -- the strategy costs manufacturers tens of billions of dollars a year, according to some business-generated estimates.

Kirtsaeng came to the United States to study mathematics in 1997 at Cornell University and later pursued doctoral studies at the University of Southern California. To cover tuition and living expenses, he asked family and friends back home to ship him foreign editions of textbooks that often can be bought more cheaply overseas.

Using the computer tag BlueChristine99, he sold the imported books online in the United States on eBay. Court records show he pulled in about $1.2 million in revenue, but both sides disagree over how much profit he made.

His sales included dozens of copies of eight textbooks printed in Asia by a Wiley subsidiary. Kirtsaeng's lawyers claim his gross revenue from the Wiley sales was just $37,000.

The New Jersey publisher has a thriving overseas business. Its foreign editions typically have a disclaimer: "This book is authorized for sale in Europe, Asia, Africa and the Middle East only and may not be exported. Exportation from or importation of this book to another region without the publishers authorization is illegal."

The company sued and a federal jury found Kirtsaeng's conduct was willful and ordered him to pay $600,000 in damages.
【244 words】


【Time 5】
Theodore Olson, an attorney with Gibson Dunn hired by the publisher, told CNN last year that banning the low-cost versions from the United States helps the global economy.

"The whole idea of the copyright laws is to provide people with an incentive to create books, movies, or other works of art," he said. "If you take away that incentive, you're not going to have creators out there doing things that give us pleasure or educate us."
Members of the entertainment industry said a ruling in their favor was vital in the digital economy, to ensure they can divide their property and distribution rights across the global markets.

But Kirtsaeng and his owners' rights supporters worried a slippery slope would quickly occur on a variety of fronts if they lost at the Supreme Court:
--Domestic manufacturers would have financial incentive to shut down U.S. plants and produce everything overseas, since they could get a monetary cut and distribution control over every resale. Kirtsaeng's lawyers said that would amount to double-dipping, with copyright holders getting paid twice for the same item's sale.
--Libraries would have to either have to purge their stacks of every foreign-printed work, pay a royalty, or essentially go out of the public lending service.
--American consumers would lose access to affordable and differentiated goods, and charitable donations would be stifled.
--With a global consumer economy now dominated by digital and cloud-based access and transfer of information and entertainment, the cross-border lines would create chaos and uncertainty when it comes to determining where a particular copyrighted good is manufactured and then resold.
【267 words】


【Time 6】
Wiley, with the Justice Department in support, dismissed those scenarios.

But Andrew Shore, a lawyer and executive director of the Owners Rights Initiative, which backed Kirtsaeng, speaking prior to arguments before the Supreme Court in October, said, "The rule we want the Supreme Court to adopt is simple: you bought it, you own it and you can do with it what you please. Very clear, very clean, very easy. The copyright holders are getting paid. They're getting paid on the first sale."

In dissent Tuesday, Justice Ruth Bader Ginsburg said the majority ruling could affect future international trade negotiations. She was supported by Justices Anthony Kennedy and Antonin Scalia.

In federal law, she said, "Congress intended to provide copyright owners with a remedy against unauthorized importation of foreign-made copies of their works, even if those copies were made and sold abroad with the copyright owner's authorization."

The high court already had ruled in prior cases that copyright holders cannot block U.S.-made goods sent overseas from later being brought back into the country for resale. The issue in this case was whether copyright laws applied to foreign-made goods imported into the American market.

Kirtsaeng, now a professor back in Thailand, never responded to CNN's efforts for an interview.

He initially testified receiving advice from friends back home -- and consulting "Google Answers," an online research help service -- to ensure he could legally resell the foreign editions in the United States.

In court papers, he also said he was unable to afford the hefty pending judgment against him. The man's lawyers said that after the lower court's verdict, he was ordered to give the publisher his golf clubs and computer in partial compensation.

The case is Kirtsaeng v. John Wiley & Sons, Inc. (11-697).
【293 words】


Source: CNN
http://edition.cnn.com/2013/03/19/us/supreme-court-copyright-dispute/index.html?iref=allsearch
 楼主| 发表于 2014-7-3 22:35:33 | 显示全部楼层
Part III: Obstacle


The Digital Millennium Copyright Act Is Even Worse Than You Think
By Blake E. Reid



【Time 7】
Recently, the White House made about 114,000 new friends by agreeing that it should be legal to unlock your cellphone. In a response to a We the People petition, a White House adviser wrote that the Obama administration would work to address a recent decision by the librarian of Congress that made unlocking your cellphone illegal under the anti-circumvention measures of the Digital Millennium Copyright Act.

The unlocking furor is just the latest example of popular opposition to the DMCA’s dreaded anti-circumvention measures. The Electronic Frontier Foundation recently issued a report arguing that over the last 15 years, the DMCA has impeded scientific research, innovation, fair use, and more. But among the DMCA’s many flaws is a significant one of which most people aren’t aware: For more than a decade, the act has imposed a barrier to access for people with disabilities. It hinders access to books, movies, and television shows by making the development, distribution, and use of cutting-edge accessibility technology illegal.

Making creative works accessible often involves transforming content from one medium to another—such as adapting the audio of a television show to closed captions to make it accessible to people who are deaf or hard of hearing. Copyright law ordinarily vests authors of creative works with the exclusive right to create adaptations, such as translations to foreign languages. But making works accessible to people with disabilities is arguably exempt from copyright law under the fair use doctrine and other laws like the Chafee Amendment to the Copyright Act. Congress, federal courts, the U.S. Copyright Office, and even the World Intellectual Property Organization have begun to recognize that it’s bad policy to block efforts to create accessible versions of copyrighted works.

At least, that’s the case with physical and analog media. But publishers, video programmers, and other copyright owners lock down digital content with digital rights management technology designed to limit users’ ability to access, copy, and adapt copyrighted works to specific circumstances. And copyright owners frequentlyfail to account for the need to adapt DRM-encumbered works to make them accessible to people with disabilities. For example, e-books often include DRM technology that prevents people who are blind or visually impaired from running e-books that they have lawfully purchased through a text-to-speech converter that reads the books aloud.

Similarly, Internet-distributed video and DVD and Blu-ray discs include DRM features that prevent researchers from developing advanced closed captioning and video description technologies that make movies and television shows accessible. (For example, some Internet-delivered videos don't include closed captions at all, and subtitles on DVD and Blu-ray discs can be incomplete, riddled with errors, or so badly formatted that they can't be read.)

Bypassing this DRM technology is often trivial from a technical perspective. But the DMCA makes it illegal—even if the person bypassing DRM is doing so for a noninfringing use like making it accessible to people with disabilities. If you want to get around the DMCA, there is no fair use; instead, you must petition the librarian of Congress for a special exemption to circumvent a class of works, such as e-books. The proceeding to consider exemption petitions, known as the “triennial review,” takes place only once every three years and requires petitioners to navigate a complex bureaucratic process, satisfy an incredibly high burden of proof, invest months of effort, and overcome opposition from copyright lobbying groups with nearly bottomless resources. It’s no wonder the vast majority of exemption petitions are denied.

Even if a petitioner can successfully make a case for an exemption, a separate part of the DMCA still bars her from distributing accessibility technology with circumvention components to people with disabilities. Worse, the exemption will last for only three years, after which it will expire unless the petitioner successfully renews it. Making the same case over and over again isn’t just a waste of time and resources—it puts at risk any progress toward accessibility achieved under the previously granted exemption, which can be wiped away by the whim of the librarian of Congress and the U.S. Copyright Office. (The librarian’s October decision to ban cellphone unlocking after exempting it for nearly six years is a prime example of such a whim.)
【698 words】

Source: Slate
http://www.slate.com/articles/technology/future_tense/2013/03/dmca_copyright_reform_u_s_law_makes_digital_media_inaccessible.html


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 楼主| 发表于 2014-7-3 23:07:41 | 显示全部楼层
我等了半小时都没人抢沙发。。一度怀疑我是单机了嘛。。所以下次不要再说我每次发帖都是自沙,明明是你们不早点来占座啊~~
然后今天的Speaker真的非常非常非常棒!听了三遍吼吼~~语速和发音都很好~
-------------------
交个作业然后晚安~~

speaker:
twenties may be the most important period during your life
it is never too late to change your life, you are deciding your life right now
you can not pick up you families but you  can choose your friends and decide which guy to date
identity capital
meet more friends and do more networking, weak ties
be serious to marriage and love

time2:
copyrighted works made and purchased abroad can then be resold within the US without the copyright owner’s permission
some people dispute the rule

time3:
the idea of the supreme court is limited since it involves only a buyer’s distribution right
JWS sued K for it readily sells its products overseas at a cheaper price

time4:
how K profit from selling book with different price
the company ordered him to pay some money back in damages

time5:
the attorney of the publisher holds the opinion that banning the low-cost versions from the US helps the global economy
some reasons that K disagree with the attorney and support his action of selling cheaper books in US

time6:
other people’s opinions on the sue, most of them support the publisher

time7:
DMCA sometimes comes up with some bad rules which can hinder the development of innovation and the distribution of information
the example is that it is illegal to transform books to some context that is suitable for people with disabilities
the process is complex and will work for only 3 years

发表于 2014-7-3 23:15:49 | 显示全部楼层
占座啦~~~谢谢蘑菇!
----Speaker
20s is the period of adult development to change personalities, and to educate ourselves.
The author told three things to the 20s by using the story of Emma.
1. get some identity capital- do some things that can add value to who you are, and do some investments to whom you want to be the next.
2. Use your weak ties - Expand interpersonal circle
3. The best time to work on your marriage is before you have one - to be intentional with love as you are with your work.
The characters of the 20s are easy to build.
30s is not the new 20s, the 20s should claim their adulthood right now.

----Speed
[Time 2] 1'30''
The court did not rule selling foreign-made textbook as being against copyright.
[Time 3]1'40''
As long as a purchaser legally buys a product, he has the distribution right, meaning he can do anything with the product he bought. And such first sale doctrine also applied to goods produced or bought outside the U.S...
[Time 4]1'40''
Kirtsaeng's example: he utilizes the differences in worldwide prices of goods to earn revenue.
Some publishers limit the sales regions of a particular book, and if the book is sold outside the region limits, the action is considered as illegal.
[Time 5] 1'23''
The purpose of the copyright is to encourage people to create works of art.
But several disadvantages of copyright may incur.
[Time 6] 1'34''
Andrew Shore said that the copyright holders were only getting paid for the first sales. Congress intended to provide some remedy for copyright owners, but the high court had already ruled that copyright holders cannot stop their authorized foreign published books from being resold in the U.S. market.

----Obstacles 4'14''
The librarian of Congress made a decision that it is illegal to unlock your cellphone under the anti-circumvention measures of DMCA. Apartfrom the unlocking furor, many other examples are there to oppose to the DMCA’sdreaded anti-circumvention measures.
Making creative works accessible to disabled people is arguably exempt from the copyright law.
Using technology such as e-books, Internet-distributed video and DVD and Blu-ray discs, other copyright owners limit users' abilities toaccess and use the copyrighted works, and disabled people fail to access thoseworks.
It is important to bypass this DRM technology for morepeople to access, but the DMCA makes such bypassing illegal.
The petitions of bypassing can hardly success.
发表于 2014-7-4 00:32:16 | 显示全部楼层
占个座~谢谢小蘑菇
Time2 2:22
The Supreme Court claims that copyrightedworks made and purchased abroad can then be resold within the United Stateswithout the copyright owner’s permission.
Time3 1:55
The author explained the meaning of firstsale doctrine of copyright law.
Time4 1:50
The author cited a case in which theaccused person was ordered to pay $600,000 because the books the resold had adisclaimer and he was willful.
Time5 2:08
The publisher attorney argued that banningthe low-cost version from the US could help the global economy.
Time6 1:50
The result of the case.
Obstacle 5:12
发表于 2014-7-4 02:12:30 | 显示全部楼层
Summary
[Time 2]  2’21

A Thai student got into trouble for reselling the much cheaper foreign books in the U.S. The government is trying to perfect the copyright rules. For on thing, the intellectual property can well protect the copyright of works and the owner’s right. However, it is still hard to conduct perfectly at present, because the books hare from foreign countries or written decades ago and the books printed abroad or collected in library. “The First doctrine” can keep the market in order.
[Time 3]  1’45
According to the idea upheld by Supreme Court in 1908, copyrighted works only forbidden buyers distribute and replicate the works for sale. The trick is: the rules in the copyright law do not make the limit clear that whether the works made and first-purchased in foreign counties.
[Time4]  1’41
In order to cover the tuition, the student asked his family and friends ship him the textbooks printed in Asia and resell these books on EBAY. The company own the copyright claims the Thai student’s behavior was illegal and call for a fine.
[Time5]  1’54

There are two side of the copyright law. The positive side is that under the protection, people can have the incentive to create wonderful works. However, the law can also bring several side-effects:
1. Domestic manufacturer will gradually produce everything abroad.
2. Library may go out of the public lending services or purge every single foreign book.
3. American readers may lose the variety of accessible books.   

Obstacle 5’40
The DMCA’s act has limited the people with disabilities for more than a decade.
……….写不出来啊 T_T
Vocabulary
1. Storefront : the part of a store thatfaces the street
2.Venue: a place where an organized meeting, concert etc. take place
3.Compensate:
  èvi. Toreplace or balance the effect of something bad.
       eg. Susan’s amazing intelligencecompensates her limited experience.
  èvt.To pay someone money because they have suffered injury, loss or damage.
       eg. The government will compensatevictims for the earthquake.
4.high-end [before noun ]   
  relating to products or services that aremore expensive and of better quality than other products of the same type:  
→   low-end
5.willful
eg. continuing to do what you want, even after you have been told to stop – used toshow disapproval
eg. wilfuldamage/disobedience/exaggeration. etc  deliberate damage etc, when you know that what you are doing is wrong
6. incentive: something that encourages you to work harder, start a new activity etc  
7.petition
a written request signed by a lot of people, asking someone in authority to dosomething or change something
eg.They forced Susan to sign a petition against local policy.
an officialletter to a law court, asking for a legal case to be considered
Sheis threatening to file a petition for divorce.
8. furor:a suddenexpression of anger among a large group of people about something that hashappened
Eg.Thesecurity leaks have caused a widespread furor.
9.??!!impede:  to make it difficult forsomeone or something to move forward or make progress :  
Stormsat sea  impeded  our progress .
10.trivial adj. not serious, important, or valuable.trivialproblem/matter/complaint etc
Wewere punished for the most trivial offences.
atrivial sum
eg.Susam's feelings for seemed  trivial by comparison
     →





发表于 2014-7-4 06:07:50 | 显示全部楼层
毕业季之后的回归~
spk : dont start your life from 30, start change from now. 1.establish identity capital. 2.use your weak ties 3. choose your family or friends now.
spd : 1.49  1.31  1.38  1.57  1.58
ob  : 4.50
发表于 2014-7-4 07:22:54 | 显示全部楼层
[speaker]
the best time to make a marriage is before she gets one
[time2]
1-case: TSC disputes, copyright sales. 2 interpretations:fisrt sale doctrine and complex relationship to distribution rights
[time3]
2- TSC's opinion: first sale,limited idea: only buyer's distribution right, no power to reproduce for sale.
tricky: whether appy to outside US
[time4]
3- Kirt's story and verdict result
[time5]
4- 2 opinions:
publisher, protect the incetive and creator
Kir, more cost for customers, libraries purge books, manufacturers open plants abroad
[time6]
Justice: dismiss Kirt
provide owners remedy, even if copies were made and sold abroad
Kirt got punished
[obstacle]
1 the White House agreed, legal to unlock cellphone
2 the bad effect : unable of disabilities among books,digital content,DVD,Blu-ray discs
3 the complicated and long process of exemption petitions
exemption 豁免,免税


法案型的文章读起来真是枯燥……要多练,摆正心态!
发表于 2014-7-4 07:47:38 | 显示全部楼层
Time2 1'47''
A case of copyright and its complexity: other fields such as intellectual property
two rules  judging the ownership of copyright:
the "first sale doctrine" and its complex relationship to foreign distribution rights.

Time3 1'11''
The first doctrine means that people can buy and sell property without being punished.
Whether the first rule can be applied to broader geological fields.

Time4 1'26''
The second-hand market is active in luxury and special fields.
A person earned money by importing books  and by the difference between oversea price and selling price

Time5 1'17''
A lawyer thought that banning the low-cost version is good for economy.
The original purpose of copyright law is to encourage more creativity,but the" grey market" actually impedes the incentive of creativity.

Time6 1'53''
A opposite opinion of defendant lawyers: the person has already paid for the first sale so he has the right to settle his property.

Obstacle: 5'45''
DMCA  is to make your unlocking cellphone illegal.
Many electronic copyright involves the DCM technology,which can transform the content from one medium and the other.some examples
Bypassing the DCM is a trivial: DMCA makes it illegal:
An exemption to circumvent is a complex and troublesome work: Petitioners seldom get exemption.
Even though they get exemption,it only lasts for 3 years
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