France seizes France.com from man who’s had it since ‘94, so he sues

30 04 2018

Ars Technica

– 4/29/2018,

A French-born American has now sued his home country because, he claims, the Ministry of Foreign Affairs has illegally seized a domain that he’s owned since 1994: France.com.

In the mid-1990s, Jean-Noël Frydman bought France.com from Web.com and set up a website to serve as a “digital kiosk” for Francophiles and Francophones in the United States.

For over 20 years, Frydman built up a business (also known as France.com), often collaborating with numerous official French agencies, including the Consulate General in Los Angeles and the Ministry of Foreign Affairs.

more

The content in this post was found at https://arstechnica.com/tech-policy/2018/04/france-seizes-france-com-from-man-whos-had-it-since-94-so-he-sues/

 Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico



House of Representatives Passes Music Modernization Act – Looking for Clarity on Mechanical Royalties, Pre-1972 Sound Recordings and Other Music Rights Issues

30 04 2018

This week, the US House of Representatives passed the Music Modernization Act. While widely supported among many digital media companies providing on-demand subscription music services as well as by many in the music industry, the bill seemingly has not received the publicity that has been afforded to past music royalty legislation. That may be, in part, because there were few who adamantly opposed the provisions of the bill, as evidenced by a unanimous House vote – something that never would have happened had any significant portion of the music industry opposed the bill. But this moment of togetherness may be, in part, due to the somewhat limited (though nevertheless very important) issues that it addresses.

more

The content in this post was found at https://www.broadcastlawblog.com/2018/04/articles/house-of-representatives-passes-music-modernization-act-looking-for-clarity-on-mechanical-royalties-pre-1972-sound-recordings-and-other-music-rights-issues/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico



How Not to Copy: What is Fair and What is Fair Use?

11 04 2018

IP Watchdog

Raymond Van Dyke
April 5, 2018

These issues of fairness and fair use are played out in the recent Oracle v. Google decision. In a convoluted case that has gone up to the Supreme Court once and will again, the Federal Circuit finally was able to make a ruling that the blatant, verbatim copying of computer code is not a fair use. At issue were the copying of 37 Oracle programs or apps, constituting over 11,500 lines of code, by Google for their use in the Android operating system for smart phones and other uses… In the Federal Circuit’s final analysis of the four factors, they again noted that Google could have written their own code or properly licensed with Oracle, but instead chose to copy. “There is nothing fair about taking a copyrighted work verbatim and using it for the same purpose and function as the original in a competing platform.” Accordingly, the Federal Circuit held that Google’s use of the Oracle code was not a fair use.

more

The content in this post was found at 

https://www.ipwatchdog.com/2018/04/05/how-not-to-copy-what-is-fair-and-what-is-fair-use/id=95512/

Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico



Vimeo Copyright Infringement Case Still Going Nearly A Decade Later, With Another Partial Win For Vimeo

11 04 2018

tech dirt

Mike Masnick

I’ll admit that I’d forgotten this case was still going on, but after nearly a decade, there it is. The case involves record labels suing web hosting site Vimeo for copyright infringement. The case, which was first filed in 2009, initially focused on Vimeo’s promotion of so-called “lipdubs.” Vimeo is a much smaller competitor to YouTube for hosting videos, but in the 2007 to 2009 timeframe, got some attention for hosting these “lipdubs” of people singing along to famous songs. Perhaps the most famous was one done by the staff of Vimeo itself. The case has taken many, many, many twists and turns.

more

The content in this post was found at 

https://www.techdirt.com/articles/20180406/12242839584/vimeo-copyright-infringement-case-still-going-nearly-decade-later-with-another-partial-win-vimeo.shtml

Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico



PUBG creators finally decide a copycat game has gone too far, file suit

10 04 2018

Ars Technica

– 4/5/2018

As expected, the massively popular online shooter Playerunknown’s Battlegrounds (PUBG) has been followed by a wave of imitators, particularly on smartphones. But it has been unclear if or when the game’s creators would ever consider legal action against any of these copycats. In particular, a brief chest-puffing incident involving the similar, and hugely popular, Fortnite Battle Royale came and went last year without incident.

That changed on Monday with a suit filed against NetEase, a Chinese game publisher with two very PUBG-like games on smartphones. The suit, filed in Northern California’s US District Court by PUBG Corp (a wholly owned subsidiary of Korean game publisher Bluehole), alleges both copyright and trademark violations by NetEase’s mobile-only games Rules of Survival and Knives Out.

Much like PUBG, NetEase’s games offer 100-person online battles on an island that players parachute onto. The battles revolve around a constantly shrinking “safe zone,” a specific set of military-grade weapons and armor, and a variety of island-crossing vehicles. What’s more, NetEase’s games beat PUBG to iOS, which invited a substantial number of “PUBG on phone” comparisons before the official version finally hit mobile devices.

more

The content in this post was found at 

https://arstechnica.com/gaming/2018/04/pubg-creators-finally-decide-a-copycat-game-has-gone-too-far-file-suit/

Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico



Tom Brady and a Ruling over Embedded Tweets Could Change the Internet and Online Publishing

10 04 2018

IP Watchdog

Franco Galbo
April 6, 2018

Of all of the things NFL quarterback Tom Brady has been accused of ruining over the years, the internet is not necessarily at the top of the list, and certainly not based on an alleged copyright infringement that he had no part in perpetuating. Yet, a photograph of him and Danny Ainge, the general manager of the Boston Celtics, could in fact forever change the internet and online publishing as we know it.

more

he content in this post was found at 

https://www.ipwatchdog.com/2018/04/06/tom-brady-embedded-tweets-online-publishing/id=95387/

Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

 

Powered by WPeMatico



DMCA Safe Harbor Applies to Some Unfair Competition Claims–Capitol Records v. Vimeo

10 04 2018

You probably remember this case. Copyright owners sued the video hosting site Vimeo for third party uploaded videos that allegedly infringed their copyrights. Given this was the paradigmatic situation the DMCA safe harbor was designed to address, you’d think this would result in a quick-and-cheap defense win.

HA! This lawsuit was filed in December 2009, so it’s closing in on its decade anniversary. In 2013, the district court ruled that the DMCA safe harbor did not apply to state copyrighted works, including pre-1972 sound recordings. In an important ruling in 2016, the Second Circuit reversed that ruling, holding that the DMCA safe harbor did apply to state copyrights. The Second Circuit’s ruling had other provisions generally favorable to Vimeo.

Case citation: Capital Records LLC v. Vimeo LLC, 2018 WL 1634123 (SDNY March 31, 2018). [the court caption in this ruling spells it “Capital,” even though the case name is Capitol.]

more

The content in this post was found at
https://blog.ericgoldman.org/archives/2018/04/dmca-safe-harbor-applies-to-some-unfair-competition-claims-capitol-records-v-vimeo.htm
Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico



RIAA Gets To Move Forward In Case That Tries To Force ISPs To Help Copyright Trolls

10 04 2018

TechDirt

Mike Masnick

Back in February, we wrote about the details of the appeals court ruling in BMG v. Cox, a case that looked at whether or not internet access providers are required to terminate users accused of repeat infringement. The case was really a proxy for copyright trolling operation Rightscorp, which floods ISPs with claims of infringement tied to “settlement” offers that it wants the ISPs to pass on to end users. As discovery during the Cox case revealed, Rightscorp engages in incredibly sketchy practices to pressure people into paying up (such as telling them that they need to take their computers to the local police station for a search to prove they’re not infringing).

However, due to a bunch of weird details in that case — including a judge who made it clear he didn’t think the internet was such a big deal — Cox lost that case, and then again on appeal. The good thing in the appeal, however, was that the opinion mostly limited its decision to the specific facts in Cox’s case, which included the fact that it had a “repeat infringer policy” but it didn’t follow its own policy. That’s really what sunk Cox. The court noted that an ISP should have wide latitude in designing its own repeat infringer policy, it just had to then follow its own policy. And Cox didn’t.

While that case was going on, a second similar case was filed, this time by Universal Music Group against Grande Communications. Back in February, the magistrate judge on that case made recommendations to allow the case to move forward, though throwing out some of the claims. As TorrentFreak recently pointed out, the Title III judge in the case has accepted the recommendations of the magistrate, which you can see here.

more

The content in this post was found at https://www.techdirt.com/articles/20180405/17093439579/riaa-gets-to-move-forward-case-that-tries-to-force-isps-to-help-copyright-trolls.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico



Intellectual Property in the World of eSports

4 04 2018

IP Watchdog

Roman Brtka
April 2, 2018

eSports is an exciting new area — not only in the sporting industry but in legal terms. There are various key players such as eGamers, game publishers, and organizers of eSports events, who are facing the challenge of sufficiently protecting their rights. Organizers need to ensure that they obtain all necessary usage rights from the game publishers and the participating eGamers, and these parties need to be aware of their possible ancillary copyrights and should take appropriate precautionary measures to protect them.

more

The content in this post was found at https://www.ipwatchdog.com/2018/04/02/intellectual-property-esports/id=95245/

Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico



How Do Musical Artists Get Paid When Skaters Use Their Songs at the Olympics?

4 04 2018

IP Watchdog

Franco Galbo
March 29, 2018

The somewhat jarring Olympics tradition of juxtaposing athleticism and grace with instrumental versions of popular songs you might hear in the grocery store came to an end in Pyeongchang. After the Sochi games in 2014, the International Skating Union (ISU) decided to shake things up (or shake it off, Taylor Swift?) and began allowing skating to music with lyrics. This is not at all surprising given the demographics of the skaters, who are much more likely to enjoy “Single Ladies” than “Clair de Lune.” Pleasing Generation Z and millennial skaters, however, was not the main goal of the rule change; rather, the ISU wanted to appeal to younger audiences who tune in to watch the Olympics and other major figure skating events.

more

The content in this post was found at https://www.ipwatchdog.com/2018/03/29/musical-artists-get-paid-when-skaters-use-their-songs-olympics/id=95117/

Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico