Judge rules against broadcasters, denying injunction against Aereo TV

15 07 2012

In March, a coalition of major broadcasters sued a New York City-based TV-streaming startup called Aereo, which the broadcasters said was stealing their content so users could watch TV online. Today, a Manhattan US District Judge ruled against the coalition, which includes ABC, CBS, NBCUniversal, and Fox, saying she would not order Aereo to stop distributing service to its customers while the trial was ongoing.

more

The content in this post was found at http://arstechnica.com/tech-policy/2012/07/judge-rules-against-broadcasters-denying-injunction-against-aereo-tv/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Canadian Supreme Court embraces fair use in landmark decisions

15 07 2012

On Thursday, the Supreme Court of Canada ruled in five copyright cases heard by the court last year, setting the scene to re-write much of Canada’s intellectual property law as it pertains to digital media.

In the five cases, the Court established broader definitions for fair dealing (down here below the Great White North, we call our version “fair use”), in particular, for photocopying textbooks. Previously, a public umbrella body called Access Copyright charged additional fees, often passed directly to students, for university-given access to copyrighted textbooks and similar work. The Court trashed much of that setup, finding that photocopying textbooks for or by students for private study or research is fair dealing, and likely will save Canadian universities and students millions of dollars annually.

more

The content in this post was found at http://arstechnica.com/tech-policy/2012/07/canadian-supreme-court-embraces-fair-use-in-landmark-decisions/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Sanctions, Subpoenas and Porn: A Copyright Tale

15 07 2012

A Denton, Texas-based lawyer was sanctioned for subpoenaing the names of people who purportedly downloaded porn. He took his case to a federal appeals court and left smarting.

more


The content in this post was found at http://blogs.wsj.com/law/2012/07/13/sanctions-subpoenas-and-porn-a-copyright-tale/?mod=WSJBlog&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wsj%2Flaw%2Ffeed+%28WSJ.com%3A+Law+Blog%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



No Negligence Claim for Infringement via Shared Internet Connection (Preempted by Copyright Act) – Liberty Media v. Tabora

12 07 2012

[Post by Venkat Balasubramani]

Liberty Media Holdings, LLC v. Tabora & Whetstone, 12 Civ. 2234 (LAK) (S.D.N.Y.; July 9, 2012)

A question that was floating around in the blogosphere was whether you can be sued for maintaining an open wi-fi connection where a third party engages in file-sharing using your connection. A district court judge in New York answered that question in the negative. (This case involved a shared internet connection, rather than open wi-fi, but this shouldn’t change the result.)

more

The content in this post was found at http://blog.ericgoldman.org/archives/2012/07/copyright_act_p.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



SOPA architect now pushing for “IP Attaché” legislation

12 07 2012
Ars Technica

 

Another week, another controversial intellectual property enforcement bill hits Capitol Hill. This time, it’s called the IP Attaché Act, and while a draft bill has been released so far, it hasn’t officially be introduced in Congress.

The bill, its proponents say, “streamlines” the process of intellectual property enforcement abroad. Meanwhile, opponents charge that this is wholly unnecessary, given the myriad of federal agencies that already do this, in addition to the fact that this bill has been drafted in secret.

Some media outlets have charged that this new bill is a way to re-introduce SOPA, the controversial bill that died in Congress earlier this year. Indeed, this bill is sponsored chiefly by Rep. Lamar Smith (R-TX), who also was one of the primary architects of SOPA.

more

The content in this post was found at http://arstechnica.com/tech-policy/2012/07/sopa-architect-now-pushing-for-ip-attache-legislation/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Tech and Media Elite Are Likely to Debate Piracy

10 07 2012

NYT

By

Published: July 9, 2012

It’s not often moguls admit they made a mistake.

But lately some of the highest-paid executives at the world’s largest media companies have talked a lot about the lessons they learned from a failed industry-wide attempt to pass anti-piracy legislation six months ago.

more


The content in this post was found at http://www.nytimes.com/2012/07/10/business/media/tech-and-media-elite-are-likely-to-debate-piracy.html?_r=1&nl=todaysheadlines&emc=edit_th_20120710 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Op-ed: MPAA/RIAA lose big as US backs copyright “limitations”

9 07 2012

Well, it’s been a fun week on the international trade agreement front. Monday began yet another negotiating round for the Trans-Pacific Partnership (TPP) trade agreement, this time in San Diego. To the amazement of everyone, the US Trade Representative (USTR) announced on July 3 it would now include a provision in the intellectual property (IP) chapter recognizing the importance of “limitations and exceptions” to copyright and embracing the international 3-part test for what constitutes suitable limitations and exceptions. (For those not familiar with this term of art, “limitations and exceptions” are things like Fair Use and First Sale Doctrine in the United States. As the name implies, limitations and exceptions to copyright limit the rights of the copyright holder and create exceptions to the general rule against copying without permission.)

more

The content in this post was found at http://arstechnica.com/tech-policy/2012/07/op-ed-eus-rejection-of-acta-subtly-changed-trade-law-landscape/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Top EU court upholds right to resell downloaded software

6 07 2012

The European Court of Justice has ruled that customers have a right to resell software they purchase regardless of whether the software was originally distributed on a physical medium or downloaded over the Internet. The ruling is a defeat for Oracle, which had argued that the court should uphold provisions in its license agreement prohibiting such transfers.

more

The content in this post was found at http://arstechnica.com/tech-policy/2012/07/top-eu-court-upholds-right-to-resell-downloaded-software/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



For first time ever, US seeking international limits on copyright

6 07 2012
The United States Trade Representative (URTR) has proposed a new copyright provision that would address some intellectual property concerns found in the Trans-Pacific Partnership, a massive trade agreement currently being negotiated amongst nine Pacific Rim countries in San Diego this week. Canada was recently extended an invitation, but its formal membership has yet to be approved by the existing nine countries, including the United States.

In a statement emailed to reporters on Tuesday, the USTR appears to be addressing exceptions to copyright restrictions, which had not been included in a TPP draft leaked a year ago.

“For the first time in any US trade agreement, the United States is proposing a new provision, consistent with the internationally recognized ‘3-step test,’ that will obligate Parties to seek to achieve an appropriate balance in their copyright systems in providing copyright exceptions and limitations for purposes such as criticism, comment, news reporting, teaching, scholarship, and research,” wrote Carol Guthrie, the spokesperson for the USTR, in an e-mail sent to Ars.

more

The content in this post was found at http://arstechnica.com/tech-policy/2012/07/us-proposes-new-copyright-provision-in-major-international-treaty/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Can Korean Copyright Owners Sue Australian Defendants in California? Judges Disagree–DFSB Kollective v. Bourne

30 06 2012

By Eric Goldman

DFSB Kollective Co. Ltd. v. Bourne, 2012 WL 2376209 (N.D. Cal. June 22, 2012).

DFSB Kollective is a Korea-based copyright owner and a leading producer of Korean music. It went on a litigation tear on March 7, 2011, filing seven similar copyright enforcement actions in the Northern District of California (against Bourne, Doe (revealed to be Yang), Jenpoo, Kuoch, Ma, Tran and Yew). Rather than assigning the seven cases to the same judge or otherwise relating/consolidating them, the cases were divvied up among district judges.

The Jenpoo, Kuoch and Ma cases appear to have settled. Bourne, Tran, Yang (nee Doe) and Yew all no-showed, leading to entries of default against all of them except Yang (which is still pending).

In September 2011, DFSB got a default judgment against Yew for $325k and an injunction from Judge Alsup. I (and most others) missed the Yew case when it came out, but the issues it raises are subsumed by the Tran opinion.

This post focuses on the Tran and Bourne cases. The cases are virtually identical. Both defendants are located in Australia and allegedly ran linking sites focused on the Korean music community (and may have uploaded infringing files themselves). Both cases raise a fairly fundamental question: why is a Korean copyright owner with no operations in California suing Australian defendants in a California court?

more

The content in this post was found at http://blog.ericgoldman.org/archives/2012/06/korean_copyrigh.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.