Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data

22 02 2018

Proskauer

Jeffrey Neuburger on February 20, 2018

In the latest development in the legal controversy over scraping, 3taps, Inc. (“3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would not be in violation of the Computer Fraud and Abuse Act (CFAA) if it accesses and collects publicly-available data from LinkedIn’s website. (3Taps Inc. v. LinkedIn Corp., No. 18-00855 (C.D. Cal. filed Feb. 8, 2018)).  The basis of 3Taps’s complaint is last year’s hotly-debated California district court ruling (hiQ Labs, Inc. v. LinkedIn, Corp., 2017 WL 3473663 (N.D. Cal. Aug. 14, 2017)), where the court granted a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block a data analytics company from scraping the publicly available data on LinkedIn’s website. The hiQ ruling essentially limited the applicability of the CFAA as a tool against the scraping of publicly-available website data.  [For an analysis of the hiQ lower court decision, please read the Client Alert on our website].

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The content in this post was found at https://newmedialaw.proskauer.com/2018/02/20/data-aggregator-seeks-ruling-allowing-it-to-scrape-public-linkedin-data/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of privacynnewmedia.com. Clicking the title link will take you to the source of the post.

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No DMCA safe harbor for Cox’s 13-strike policy for terminating repeat infringers

22 02 2018

Heather Smith-Carra
February 21, 2018

IP Watchdog

On February 1, 2018, the U.S. Court of Appeals for the Fourth Circuit issued a decision in the case, BMG Rights Management LLC v. Cox Communications, Inc. The Fourth Circuit affirmed in part the district court’s granting of summary judgment to BMG on the § 512(a) Digital Millennium Copyright Act (DMCA) safe harbor defense. Ultimately, the Fourth Circuit agreed with the district court’s decision that Cox was not entitled to the safe harbor defense, finding that Cox’s 13-strike policy for repeat infringers was effectively no policy at all, and far less than the termination policy required in order to maintain safe harbor protections.

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The content in this post was found at https://www.ipwatchdog.com/2018/02/21/no-dmca-safe-harbor-coxs-13-strike-policy-terminating-repeat-infringers/id=93725/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of privacynnewmedia.com. Clicking the title link will take you to the source of the post.

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EU Publishers Acknowledge Snippet Tax Concerns, But Say: ‘It’s OK, You Can Trust Us’

22 02 2018

Techdirt has been following the ridiculous proposal to extend EU copyright even further to include tiny snippets from articles for years now. The idea has already been tried twice in the European Union, and failed dismally on both occasions. In Spain, a study showed the move there caused serious economic damage, especially to smaller companies; German publishers tacitly admitted the law was pointless when they granted Google a free license to use snippets from their titles. More recently, the European Commission’s own research confirmed that far from harming publishers, news aggregators have a positive impact on the industry’s advertising revenue. Despite the clear indications that a snippet tax is a terrible idea, some want to go even further, and make it apply to hyperlinks too. Writing in the French newspaper Le Monde back in December, large news agencies including Germany’s DPA and France’s AFP complained that sites:

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The content in this post was found at https://www.techdirt.com/articles/20180220/09184639271/eu-publishers-acknowledge-snippet-tax-concerns-say-ok-you-can-trust-us.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of privacynnewmedia.com. Clicking the title link will take you to the source of the post.

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Court Realizes It Totally Screwed Up An Injunction Against Zazzle For Copyright Infringement

22 02 2018

Last year we wrote about a bizarre and troubling DMCA case involving the print-on-demand company Zazzle, in which the judge in the district court bizarrely and wrongly claimed that Zazzle lost its DMCA safe harbors because the allegedly infringing works were printed on a t-shirt, rather than remaining digitally (even though it was the end user using the infringing work, and Zazzle’s system just processed it automatically). To add insult to injury, in November, the judge then issued a permanent injunction against Zazzle for this infringement.

However, it appears that no one is more troubled about this permanent injunction issued by Judge Stephen Wilson… than Judge Stephen Wilson.

In early February, Wilson released a new order reversing his earlier order and chastising himself for getting things wrong.

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The content in this post was found at https://www.techdirt.com/articles/20180216/11245139250/court-realizes-it-totally-screwed-up-injunction-against-zazzle-copyright-infringement.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of privacynnewmedia.com. Clicking the title link will take you to the source of the post.

 

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Anger at Google image search ‘peace deal’

19 02 2018

February 16, 2018

BBC news

Google has made it more difficult for people to save pictures from its image search product, as part of a “peace deal” with photo library Getty Images.

In 2017, Getty Images complained to the European Commission, accusing Google of anti-competitive practices.

Google said it had removed some features from image search, including the “view image” button.

Getty Images said it was a “significant milestone” but critics said the move was “a step backwards”.

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The content in this post was found at http://www.bbc.com/news/technology-43085053 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



In-Line Linking May Be Copyright Infringement–Goldman v. Breitbart News

19 02 2018

Ugh, this decision is bad. How bad is it? It makes me sympathetic to Breitbart, and I didn’t even know that was possible. You may want a box of tissues nearby before reading this. The TL;DR: for over a decade, in-line linking has been treated as categorically non-infringing. This opinion flips that presumption and may eliminate all unlicensed in-line linking.

Goldman (no relation) posted a photo of quarterback Tom Brady to Snapchat. It went “viral,” and third parties reposted the photo to Twitter. The defendants then “embedded” those tweets, including Goldman’s photo. Functionally, embedding is the same as in-line linking. The photo remains hosted on Twitter’s servers, and embedding automatically instructs web browsers how to obtain the photo from Twitter’s servers and incorporate it into the page’s HTML.

The parties agreed to put a threshold question to the judge first: is embedding tweets a “public display” for copyright purposes? All other legal questions were reserved for subsequent proceedings depending on the court’s answer. Because of the streamlined legal question answered by the court, any gossipy details about Brady and Twitter are irrelevant. This ruling is much broader than that.

The court says in-line linking of photos constitutes a prima facie copyright infringement (a public display). The defendants can still advance other defenses, and they might even win on other grounds. But even if that happens, this ruling will remain deeply troubling if it’s not fixed on appeal.

Case citation: Goldman v. Breitbart News Network, LLC,  1:17-cv-03144-KBF  (S.D.N.Y. Feb. 15, 2018).

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The content in this post was found at https://blog.ericgoldman.org/archives/2018/02/in-line-linking-may-be-copyright-infringement-goldman-v-breitbart-news.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement–BMG v. Cox

16 02 2018

BMG sued Cox for the alleged copyright infringement of its users. The court described Cox’s “graduated” policy for terminating subscribers:

The first notice alleging a subscriber’s infringement produces no action from Cox. The second through seventh notices result in warning emails from Cox to the subscriber. After the eighth and ninth notices, Cox limits the subscriber’s Internet access to a single webpage that contains a warning, but the subscriber can reactivate complete service by clicking an acknowledgement. After the tenth and eleventh notices, Cox suspends services, requiring the subscriber to call a technician, who, after explaining the reason for suspension and advising removal of infringing content, reactivates service. After the twelfth notice, the subscriber is suspended and directed to a specialized technician, who, after another warning to cease infringing conduct, reactivates service. After the thirteenth notice, the subscriber is again suspended, and, for the first time, considered for termination. Cox never automatically terminates a subscriber.

Cox also limited its processing of notes from copyright owners or agents.

BMG hired Rightscorp to monitor police infringements. Rightscorp issues takedown requests, and it asks ISPs to forward settlement requests to the subscribers. Prior to BMG having engaged Rightscorp, Comcast decided to cease processing takedown requests from Rightscorp. Rightscorp sent “millions of notices” to Cox on BMG’s behalf, but BMG never viewed any of these.

The trial court held that a reasonable jury could not conclude that Cox maintained a policy of terminating repeat infringers. BMG put forth evidence from which a jury could conclude that Cox knew of accounts being used to effect infringing activity but nevertheless failed to terminate such accounts. The case went to trial (essentially) on damages, and the verdict came back for $25MM in BMG’s favor.Case citation: BMG Rights Mgmt (US) LLC v. Cox Communications Inc., 2018 WL 650316 (4th Cir. Feb. 1, 2018).

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The content in this post was found at https://blog.ericgoldman.org/archives/2018/02/cox-loses-dmca-safe-harbor-but-gets-a-new-trial-on-contributory-infringement-bmg-v-cox.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Waymo-Uber trade secrets trial puts spotlight on tech’s talent war

16 02 2018
JAN 31, 2018
LAT

Should full frontal lobotomies be required of Silicon Valley engineers looking to change jobs?

Uber Technologies Inc. has said with a touch of hyperbole that that’s what the future holds if Waymo wins its lawsuit accusing the ride-hailing giant of stealing trade secrets by hiring engineers who worked at the Alphabet Inc. unit.

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The content in this post was found at http://www.latimes.com/business/la-fi-hy-uber-waymo-20180131-story.html

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SSH Communications Enters Cross-License Agreement with Sony After Losing Patents at PTAB

14 02 2018

On Monday, February 5th, Finnish enterprise cybersecurity solutions firm SSH Communications Security announced that it had entered into a patent cross-license and settlement agreement with Japanese electronics conglomerate Sony Corporation (NYSE:SNE). The agreement reportedly resolves all patent disputes between the two companies after Sony successfully challenged the validity of two U.S. patents owned by SSH Communications at the Patent Trial and Appeal Board (PTAB).

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The content in this post was found at http://www.ipwatchdog.com/2018/02/10/ssh-communications-enters-cross-license-agreement-sony/id=93391/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



NuCurrent Alleges Patent Infringement After Samsung Feigns Interest in Business Relationship

14 02 2018

Chicago, IL-based wireless power solutions provider NuCurrent filed a complaint alleging trade secret misappropriation and patent infringement against Korean tech giant Samsung Electronics (KRX:005930). The case, filed in the Eastern District of Texas, alleges that wireless charging technologies incorporated by Samsung into their Galaxy S7 and S8 product lines copies technology which was presented to them by NuCurrent under the terms of a confidentiality agreement.

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The content in this post was found at http://www.ipwatchdog.com/2018/02/11/nucurrent-alleges-patent-infringement-samsung-feigns-interest/id=93485/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.