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Technology & Marketing Law Blog
Eric Goldman
July 24, 2020

This case involves two copyright-protected photos that users submitted to the RageOn print-on-demand service. Among other defenses, RageOn invoked the DMCA safe harbor. The Greg Young v. Zazzle case held that Zazzle qualified for the 512(c) safe harbor for displaying user-supplied photo on its site, but not for manufacturing and shipping the physical items contain the photos. This court says that RageOn disqualified for several of the DMCA safe harbor’s elements.

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The content in this post was found at https://blog.ericgoldman.org/archives/2020/07/print-on-demand-vendor-doesnt-qualify-for-dmca-safe-harbor-feingold-v-rageon.htm Clicking the title link will take you to the source of the post and was not authored by the moderators of freeforafee.com

LexBlog
Mike Willee
January 14, 2020

Culpability has become has become an ever-more-relevant question in cases of copyright violation, with technology making both the dissemination of creative works and the subsequent violation of creators’ rights easier than ever. The ultimate blame in those belongs to those actually perpetrating the acts, but our sense of justice and the system put in place around that notion seeks both to assign some responsibility and punishment to those who might have enabled misdeeds through direct action or negligent inaction. It’s something that we see from large corporations, where inaction is often the norm for a variety of reasons, although in light of one recent case, those same companies might feel compelled to get proactive.

Cox Communications is facing a colossal judgment from the jury in a case of copyright infringement, to the tune of $1 billion; not for infringing upon copyright themselves, but for not doing enough to stem violations committed by their customers. It’s an amount that defies logic and reason, as Techdirt suggests, and certainly stands as a case where the punishment far exceeds the crime, given that the crime is not stopping crimes, which most any internet service provider or tech platform is almost certainly guilty of in some measure.

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The content in this post was found at https://www.lexblog.com/2020/01/14/cox-faces-staggering-1-billion-verdict-in-copyright-case/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

LexBlog
Mike Willee
January 16, 2020

There’s been much written about the manifold issues facing YouTube as it comes to copyright complaints — not only the inevitable problem of copyright violation but the manner in which the tools offered to try and address the problem are weaponized by bad-faith actors or overzealous entities in an attempt to simply remove videos and creators from the site, regardless of the merit or severity of the alleged violation. Users compiling enough strikes for copyright violation, as reported by other users, faced the possibility of having their account suspended, and even in cases where the complaint was proven unwarranted, there was still the time and hassle of having to deal with the complaint. It was an outcome as concerning as it was predictable, seemingly another case where tech companies shunting off responsibilities to users simply created a new problem while not fully addressing the old one.

Perhaps we were underestimating YouTube, at least in this one instance, because they have introduced a somewhat elegant solution to the problem, even if the finer points still need to be worked out. According to The Verge, YouTube in introducing an “Assisted Trim” feature that allows creators to simply cut out the offending material from their video in order to resolve the claim against it. According to the same article, the feature doesn’t yet allow for manual adjustments that would make for perhaps more cohesive and logical cuts, but that remains in the works.

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The content in this post was found at https://www.lexblog.com/2020/01/16/youtube-rolls-out-updates-to-improve-copyright-claims-process/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Tech Dirt
Mike Masnick
Mar 26th 2020

It’s been a year since the RIAA sued Charter Communications, using the same strategy it had used against smaller ISPs Cox and Grande Communications — that the DMCA actually requires internet access providers to completely kick users off upon the receipt of multiple (unproven) claims of copyright infringement. The RIAA has been plotting out this strategy for the better part of a decade.

For years, we’ve pointed out a number of problems with this, starting (most importantly) with the fact that accusations are not actual proof of infringement. And to kick people off of their sole access to the internet based solely on accusations would represent a real problem. As first noted by TorrentFreak, Charter has finally filed its answer, defenses, and counterclaims to the complaint. There’s a lot of interesting stuff in there, but a key part: the RIAA and its labels and publishing partners quietly admitted that they were suing over songs they did not hold the rights to. That’s kind of a big deal. Indeed, it reminds me of the revelation in the infamous Viacom/YouTube lawsuit that Viacom was suing over songs it had uploaded itself for marketing purposes.

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The content in this post was found at https://www.techdirt.com/articles/20200323/11190544150/riaa-realizes-it-sued-charter-over-bunch-songs-it-doesnt-hold-copyrights.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Tim Geigner
Tech Dirt
Sept. 27 2019

Those of you familiar with Adland will know just how useful and interesting a site it was for anyone interested in the recent history of commercial advertising. Started in 1996, the site served as a repository of commercials and a place that commented on ads and their impact on the advertising world. Cool concept. Adland has also made a fair amount of noise in being pro-copyright, dismissive of the concepts of “free” anything, and has on at least one occasion given Techdirt some shit for our stances, in this case on allowing users to turn off ads on our site.

None of that changes the fact, however, that it’s a very real loss that the site has decided to shut down after its host complied with a bullshit DMCA notice from Bridgestone Tires over its hosting of an old commercial and the use of the Bridgestone name in commenting on that commercial.

So, I’m shutting down Adland right now. Why? Because the server host (for the webserver, not the data) just gave us 24 hours to leave. To “remove the domain adland.tv from our network within 24 hours” Why are they requesting this? Because Amy Tindell at Holland & Hart LLP in Boulder CO is demanding we remove a Thai Bridgestone ad from the archives. Remember “a Dog’s life”? The ad from BBDO Bangkok that won silver in the Asia-Pacific Adfest in 2003? Yes, it’s that one. They also claim that by writing the name “Bridgestone” we are infringing on Bridgestine’s trademark. And that is why we are unceremoniously thrown off our web server host with a demand to get out in 24 hours.

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The content in this post was found at https://www.techdirt.com/articles/20190927/09415043076/adland-shuts-down-after-web-host-complies-with-bullshit-dmca-notice.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Mike Masnick
Tech Dirt
June 12, 2019

Almost exactly three years ago we wrote about how well known computer security professor Matthew Green and famed hardware hacker Bunnie Huang had teamed up with EFF and the law firm Wilson Sonsini to file a fascinating 1st Amendment challenge to the DMCA’s Section 1201. 1201 is the so-called “anti-circumvention” or digital locks provision of the DMCA, that says that it’s infringing to “manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof” that is designed to “circumvent” DRM or other “technological protection measures.” Basically, if there’s a digital lock on something — doing anything to get around it (or to help others get around it) is potentially a copyright violation even if (and this is important) the purpose and result of circumventing the DRM has nothing to do with infringing on copyright.

Even Congress knew that this part of the law was crazy when they passed it. It knew that this would lead to all sorts of perfectly reasonable activities suddenly being declared infringing — so it came up with a really annoying hack to deal with that. A triennial review, where every three years everyone could go beg the Copyright Office and the Librarian of Congress to grant categories of exemptions from Section 1201. Those exemptions only last for three years, so even if you get one, you need to keep applying.

The lawsuit took an interesting approach to challenging 1201. Noting that the Supreme Court has long held that fair use is a necessary safety valve to make copyright compatible with the 1st Amendment, they noted that 1201 does not allow fair use as a defense. And if it’s true that fair use is necessary to make copyright compliant with the 1st Amendment, then that should mean that 1201 is not constitutional.

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The content in this post was found at https://www.techdirt.com/articles/20190710/23312242561/three-years-later-1st-amendment-challenge-over-dmcas-anti-circumvention-provisions-can-move-forward.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Timothy Geigner
Tech Dirt
June 19, 2019

. . . a deep fake of Kim Kardashian that altered an interview given to Vogue Magazine, such that she appears to be discussing a conspiratorial group called Spectre and giving her own fans a hard time. It’s all fairly parodic and not something that passes the most basic smell test. And, yet, as the discussion rages on as to how sites should respond and handle deep fakes, this particular video was taken down due to a copyright claim . . . .

As hard as it is generally to come up with an answer to this homework assignment, it is all the more difficult to answer this question with copyright law. Copyright very specifically carves out space for all of the above to make room for fair use, which is why it so boggles the mind that YouTube agreed to take down this Kim Kardashian video in the first place. The entire point of this particular deep fake is far less malicious than the Pelosi video and seems to be completely geared toward humor and parody. Suggesting that moves like this are a problem because they’re only available to the wealthy misses the point: moves like this aren’t legally available to anyone at all, rich or otherwise.

None of this is to say that the ability to create deep fakes isn’t a problem, of course. But it sure as hell isn’t a problem that can be easily solved by throwing copyright law at it.

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The content in this post was found at https://www.techdirt.com/articles/20190619/05392542429/kim-kardashian-deep-fake-video-removed-copyright-claim.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Timothy Geigner
Tech Dirt
Nov 2nd 2018

Earlier this year, we wrote a bunch of posts on the Copyright Office’s request for comment on changes needed to the DMCA’s anti-circumvention exemption list. There were lots of interesting submissions, but one that caught my attention was a whole bunch of film association groups, most of them for documentarians, advocating that the anti-circumvention they enjoyed to be able to use clips from other films and content be expanded to include filmmakers generally. This would address the copyright industries’ cynical attempt to route around Fair Use usage by filmmakers by simply locking up their content behind all kinds of DRM that, unless you’re a documentarian, you can’t circumvent. The MPAA, as you would expect, said that allowing for this would kick off “widespread hacking” of all the DVDs on the planet, while all it was really concerned about was the licensing agreements it was able to secure by filmmakers who didn’t want to violate the DMCA to get the Fair Use clips they wanted.

Well, the Copyright Office made its decision and the exemption will now be offered to filmmakers en masse.

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The content in this post was found at https://www.techdirt.com/articles/20181101/10104240962/copyright-office-extends-anti-circumvention-dmca-exemptions-to-all-filmmakers-not-just-documentarians.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com