SoundCloud Troll Getting DMCA Takedowns Shows The Weakness Of Notice And Takedown Systems

11 07 2019

Timothy Geigner
Tech Dirt
Nov. 20, 2018

Much has been written at this point about the problems with various “notice and takedown” policies, including in the DMCA. Much of the problems arise from the DMCA’s requirement that service providers “expeditiously” remove infringing material upon notice, which naturally leads to platforms erring on the side of removal versus taking a hard — and manual — look at the material in question to see if it’s really infringing. This results in all kinds of takedowns of speech that is not infringing, typically as a result of human error, a dispute over the actual ownership of rights, a lack of recognizing fair use, or, perhaps most often, an automated system for sending DMCAs simply screwing up.

But another weakness in the notice and takedown policy is in how much power it places in the hands of trolls and bad actors to simply fuck with people. This can be seen in action in the case of one SoundCloud troll getting all kinds of music taken down by pretending to be a rights holder.

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The content in this post was found at https://www.techdirt.com/articles/20181116/09175541064/soundcloud-troll-getting-dmca-takedowns-shows-weakness-notice-takedown-systems.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Epic Games Likely DMCA’d Its Own Fortnite Trailer, Showing The Problems With YouTube’s DMCA Process Yet Again

9 07 2019

Timothy Geigner
Tech Dirt
Oct 11th 2018

We’ve had plenty of stories revolving around content owners and publishers issuing DMCAs over trailers and advertisements. These stories are always head-scratching in one way or another, typically centering around the question of why anyone would ever want to take down free advertising, even imperfect free advertising. We’ve also seen plenty of examples of content owners accidentally sending DMCA notices over their own content, all of which help to highlight both the flaws in the DMCA process and just how difficult it is for even content owners themselves to know just what is infringing and what isn’t.

But when these two worlds collide, it becomes something special. We’re not yet 100% certain, but it sure looks like Epic Games DMCA’d its own trailer for the upcoming Fortnite Season 6.

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The content in this post was found at https://www.techdirt.com/articles/20181010/09400640812/epic-games-likely-dmcad-own-fortnite-trailer-showing-problems-with-youtubes-dmca-process-yet-again.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Court Shoots Down Record Label’s Attempt To Expand The Definition Of ‘Vicarious’ Infringement

9 07 2019

Mike Masnick
Tech Dirt
Oct 1st 2018

. . . . Meanwhile, down in Texas, there’s the UMG v. Grande Communications case, which many had seen as a parallel case to the BMG v. Cox case. This was another case that involved an ISP being bombarded with shakedown (not takedown) notices from Rightscorp, in which Righscorp and its clients felt that ISP was not willing to pass on those notices (thus denying Rightscorp and its clients the ability to collect money in exchange for a promise not to sue). . . .

Vicarious and contributory infringement are often lumped together, but they are different. For there to be vicarious infringement, you have to show that the party being sued both had the right and ability to supervise the activity, and that it would directly financially benefit from the infringement. The court rejected that in the case of Grande, noting that just because Grande makes money from its subscribers, that’s not enough to show that it was profiting from the infringement.

Universal Music tried to amend the complaint to show that it had “more evidence” that Grande and its management company, Patriot, were still vicariously liable — but the magistrate judge says it’s just trying to re-litigate what it lost last time.

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The content in this post was found at https://www.techdirt.com/articles/20180923/12051040696/court-shoots-down-record-labels-attempt-to-expand-definition-vicarious-infringement.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Section 230’s Success in Under-the-Radar Cases

23 09 2018

Technology & Marketing Law Blog

Eric Goldman

Sept. 21, 2018

For every high-stakes Section 230 case that gets widespread coverage, I see many other low-profile cases–often pro se–where Section 230 works as we all expect. These rulings usually aren’t super-interesting because they confirm the status quo. However, they provide a good barometer of Section 230’s health as an immunity. Without Section 230 quickly cleaning up these cases, the courts would likely be flooded with thousands of similar cases, most of which would be flatly unmeritorious, and the collective effect of which would be to move defendants closer to death-by-one-thousand-duck-bites.

In this post, I’ll share four recent Section 230 cases that flew under the radar but, collectively, demonstrate the quietly powerful role that Section 230 plays in managing our litigious society. Because their complaints are so convoluted and pro se litigants love to threaten me with defamation, I’m just going to blockquote the courts’ applicable discussion.

DeLima v. YouTube

 

Lee v. OfferUp, Inc., 2018 WL 4283371 (E.D. La. Sept. 7, 2018):

 

Fehrenbach v. Zeldin, 2018 WL 4242452 (E.D.N.Y. Aug. 6, 2018):

 

Shulman v. Facebook.com, 2018 WL 3344236 (D.N.J. July 9, 2018):

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The content in this post was found at https://blog.ericgoldman.org/archives/2018/09/section-230s-success-in-under-the-radar-cases.htm Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Section 230 Survives to Fight Another Day Following California Supreme Court Decision

26 08 2018
Lex Blog
AUGUST 22, 2018
As we have noted previously, the California Court of Appeal’s Hassell v. Bird decision in 2016 upholding an injunction requiring Yelp to remove certain user reviews was discouraging to social media companies and other online intermediaries, as well as to fans of Section 230 of the Communications Decency Act and proponents of Internet free speech generally. The recent California Supreme Court decision reversing the Court of Appeal was, therefore, met with considerable relief…

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The content in this post was found at https://www.commlawblog.com/2018/08/articles/intellectual-property/copyright-enters-the-twilight-zone-a-series-of-controversial-decisions-may-not-be-all-that-they-seem-part-one/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Recognizing It Had No Chance, Cox Settles BMG Copyright Trolling Case

26 08 2018

TechDirt

Mike Masnick

The long saga of the BMG v. Cox case is now over. If you don’t recall, BMG had hired the copyright trolling outfit Rightscorp to bombard ISPs with shakedown letters, based on accusations of copyright infringement. Rightscorp really wanted ISPs to pass those letters on to ISP subscribers, including the part where they demand money to leave you alone. As was revealed during the case, Rightscorp would blatantly lie to those subscribers, telling them that if they were innocent they needed to first hand their computers over the police for a forensic search. Cox, after being bombarded with these shakedown letters, started ignoring the Rightscorp letters, leading BMG to sue.

Cox pointed to the DMCA safe harbors to protect itself, but the judge, Liam O’Grady, made it pretty clear that he didn’t care much for the internet at all, and didn’t seem to mind Righscorp and BMG shaking down people for money with the threat of losing their entire internet access. Of course, it did not help at all that Cox itself had some damning emails about how they treated subscribers accused of infringement. While plenty of attention has been placed on Cox’s apparent “thirteen strikes” policy for those accused (not convicted) of copyright infringement, the real problem came down to the fact that Cox didn’t follow its own repeat infringer policy. So, in the end, Cox lost to BMG in the lower court and it was mostly upheld on appeal.

However, the case was sent back down to the lower court because O’Grady messed up with his jury instructions, providing them with the wrong standard for contributory infringement (O’Grady’s jury instructions about contributory infringement presented it as a much broader standard than it actually was). And thus, the case was supposed to go back for another trial… but that’s now over as the two sides have settled and Judge O’Grady immediately signed off on the settlement.

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The content in this post was found at https://www.techdirt.com/articles/20180824/12282440502/recognizing-it-had-no-chance-cox-settles-bmg-copyright-trolling-case.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com



Nintendo Using Copyright To Erase Video Game History

17 08 2018

Tech Dirt

by Mike Masnick

Just recently, Tim Geigner wrote about how Nintendo’s success with the relaunched Nintendo NES Classic showed how the company successfully competed with free, because there are plenty of NES emulators that can play ROMs for free. And yet, the NES Classic comes in a neat, easy to use package. And it’s worth buying if only because it looks cool — just like the original, but… tiny. I should know: I have one and it’s great. And my wife can’t stop playing Mario Bros. on it, though she keeps complaining about other games from her youth that are missing.

But, of course, this is Nintendo we’re talking about, so it’s been busy, busy, busy suing a bunch of ROM sites and scaring others into shutting down. The site EmuParadise shut down recently with the following as part of its farewell message after 18 years in operation:

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The content in this post was found at https://www.techdirt.com/articles/20180812/01001240414/nintendo-using-copyright-to-erase-video-game-history.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Minnesota Judges Refuse To Unmask Defendants For Copyright Troll Strike 3

13 08 2018

Tech Dirt

Timothy Geigner

With copyright trolling a business model in full force across the world, we’ve noted that there has finally started to be some pushback against these tactics. In Europe, both courts and ISPs have begun wising up to the notion that IP addresses are an incomplete and faulty piece of “evidence” at best, with both government and industry also finally beginning to question just where user privacy should fit into all of this. In America, unfortunately, copyright trolls have all too often been able to unmask customers through ISPs based on court orders pretty much at will. Strike 3 Holdings is one such troll, with the company being partially responsible for a number of piracy lawsuits shooting out of the gate in 2018 at record speed.

And, yet, it appears that there might finally be some pushback coming to the US too, as two judges in Minnesota have now refused to order ISPs to give up customer information to Strike 3.

Late last month, Magistrate Judge Franklin Noel denied such a discovery motion.

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Sensing Blood In The Water, All Major Labels Sue Cox For ‘Ignoring’ Their DMCA Notices

6 08 2018

TechDirt

Mike Masnick

For years, we’ve noted that the major record labels have been drooling over the idea that the DMCA might allow them to force ISPs to kick people entirely off the internet based on mere accusations of piracy. This is problematic for all sorts of reasons (as you might imagine). However, the record labels feared testing this idea in court, because it might not turn out the way they wanted it to. However, as we covered on Techdirt, a few years back, music publisher BMG, with the assistance of copyright trolling operation Rights Corp. went after ISP Cox, claiming that it had failed to kick people off under the DMCA.

That case was an utter mess, not helped at all by the fact that it was handled by Judge Liam O’Grady, who flat out mocked the idea that the internet was important, and made it clear he didn’t see any issue at all with banning people from the internet. Here’s how he responded to an attempt by the EFF to file an amicus brief pointing out the problems with kicking people off the internet:

. . . .

The whole case was a complete mess — and it was made worse by some bad choices by Cox, including not really following its own stated DMCA repeat infringer policy. O’Grady’s ruling was bad, and unfortunately the appeals court upheld it. However, at least the Appeals Court made it more or less clear that they weren’t saying every ISP had to kick people off the internet — but rather that Cox lost its DMCA safe harbors by not following its own DMCA policy. While much attention was paid to the claim that Cox’s policy amounted to a “13 strike” policy before you might lose access, the appeals court notes it’s not the number of strikes that matters, so much as whether or not the company follows its own policy — and Cox did not.

. . . .

Between the ruling in the original BMG case, and the revelations about Cox’s own practices, the RIAA clearly sensed blood in the water, and a chance to prove its point. And, thus, it has a massive lawsuit against Cox. It’s basically all of the major labels using the earlier case as evidence of some grand conspiracy to profit off of piracy.

. . . .

And to increase the level of concern: this new case has been assigned to… Judge Liam O’Grady. Needless to say we’ll be watching it closely.

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Digimarc Fighting Piracy By Submitting Incomplete DMCA Notices Targeting Tons Of Non-Infringing URLs (Including Techdirt’s)

16 07 2018

Tech Dirt

by Tim Cushing
Fri, Jul 13th 2018

There are bogus DMCA takedown requests — something we’ve covered frequently here — that try to use a copyright tool to make unflattering content disappear. Then there’s this form of bogus, the kind being engaged in by Digimarc. It appears to be the result of inadequate automation handling everything terribly.

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The content in this post was found at https://www.techdirt.com/articles/20180711/06075840213/digimarc-fighting-piracy-submitting-incomplete-dmca-notices-targeting-tons-non-infringing-urls-including-techdirts.shtml  Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

 

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