Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta

1 06 2012

By Eric Goldman

August 11, 2011

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The content in this post was found at http://blog.ericgoldman.org/archives/2011/08/catching_up_on.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Mixed DMCA Online Safe Harbor Ruling in Cloud-Based Music Locker Case–Capitol v. MP3Tunes

1 06 2012

By Eric Goldman

Capitol Records, Inc. v. MP3Tunes, LLC, 2011 WL 3667335 (SDNY Aug. 22, 2011).

Background. This case involves MP3Tunes.com and Sideload.com. MP3Tunes is a music storage locker. Small lockers are free, but more storage is available at a price. The system doesn’t store redundant copies; if the system recognizes an identical bit stream coming from a second user, it just records the hashtag. Sideload is a music search engine that lets users find free music on the Internet. (It was also a browser plug-in). If users find a music file they like, they can “sideload” the music file into their MP3Tunes’ locker as a personal archive copy. MP3Tunes’ database tracks the sources of these personally archived files.

Reminder: in case you missed it, I recently caught up on 4 months worth of online copyright rulings, including several addressing the same or similar issues as this case.

Other comments on this ruling: Techdirt, EFF, CNET News.com

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BitTorrent users don’t “act in concert,” so judge slashes mass P2P case

1 06 2012

Steele Hansmeier, the antipiracy law firm that has been routinely hammered by judges in Illinois, is now getting hammered by judges in California. The firm has tried desperately to head off all the common objections to its mass file-sharing lawsuits over online porn, and has even taken to geolocating IP addresses before filing a lawsuit; its Hard Drive Productions case in California only went after 188 IP addresses that appeared to be located in the state. But the firm still had its entire case severed down to a single defendant last week.

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The content in this post was found at http://arstechnica.com/tech-policy/2011/08/bittorrent-users-dont-act-in-concert-so-judge-slashes-mass-p2p-case/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Levi Strauss’s Trademark and Domain Name Claims May Block Unauthorized Resales — Levi Strauss v. Papikian

1 06 2012

[Post by Venkat Balasubramani]

Levi Strauss & Co v. Papikian Enterprises, C 10-05051 JSW (N.D. Cal.; Aug. 24, 2011) [pdf]

Facts: Levi Strauss owns trademarks for “Levi’s,” “501” and other terms. It sells its products directly and to authorized retailers but does not sell through “distributors, wholesalers or jobbers.” Retailers are contractually restricted from reselling “first quality merchandise.” Papikian registered several domain names (501USA.com, 550jeans.com, 517jeans.com) through which he offered Levi Strauss products for sale. Levi Strauss grumbled about his use of various Levi Strauss trademarks and how Papikian sold goods to EU residents. The parties engaged in settlement discussions which were not fruitful, and ultimately Levi Strauss brought suit, alleging trademark and cybersquatting claims. Levi Strauss alleged that in response to some of Levi Strauss’s complaints, Papikian made some changes to his website, but at some point along the way, these changes reverted, and Papikian’s website “looked more professional, offered [Levi Strauss] products exclusively, and make more extensive use of [Levi Strauss] trademarks.”

Papikian brought a motion for summary judgment, which the court denies.

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The content in this post was found at http://blog.ericgoldman.org/archives/2011/08/levi_strausss_t_1.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Google dealt blow in book scanning lawsuit

1 06 2012

– May 31 2012

The coalition of authors suing to stop Google Book Search scored a key victory on Thursday as the judge overseeing the case ruled that three individual authors and the Author’s Guild could represent the class of all authors whose works had been scanned by Google. Google had sought the opposite result, arguing that including all authors in a single lawsuit would make the case too complex, and that most authors actually supported the scanning project.

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The content in this post was found at http://arstechnica.com/tech-policy/2012/05/google-dealt-blow-in-book-scanning-lawsuit/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Google wins crucial API ruling, Oracle’s case decimated

1 06 2012

Oracle v. Google

Oracle’s legal battle to break itself off a chunk of the smartphone market by attacking Android looks dead in the water today, after a federal judge who recently finished presiding over the six-week Oracle v. Google trial ruled that the structure of the Java APIs that Oracle was trying to assert can’t be copyrighted at all.

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The content in this post was found at http://arstechnica.com/tech-policy/2012/05/google-wins-crucial-api-ruling-oracles-case-decimated/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Authors’ Guild sues universities over book digitization project

31 05 2012


With the planned settlement between Google and book publishers still on indefinite hold, a legal battle by proxy has started. Google partnered with many libraries at US universities in order to gain access to the works it wants to digitize. Now, several groups that represent book authors have filed suit against those universities, attempting to block both digital lending and an orphaned works project.

The suit is being brought by the Authors’ Guild, its equivalents in Australia, Quebec, and the UK, and a large group of individual authors. Its target: some major US universities, including Michigan, the University of California system, and Cornell. These libraries partnered with Google to get their book digitization efforts off the ground and, in return, Google has provided them with digital copies of the works. These and many other universities have also become involved with the HathiTrust, an organization set up to help them archive and distribute digital works; the HathiTrust is also named as a defendant.

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The content in this post was found at http://arstechnica.com/tech-policy/2011/09/authors-guild-sues-universities-over-book-digitization-project/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



US Rep: Copyright has actually been an “impediment” to rightsholders

31 05 2012

Rep. Zoe Lofgren (D-CA) has a rejoinder to those who argue copyright laws must be further strengthened: “I think if we were to do nothing on copyright law, we would be getting it just about right.”

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Why Canada Will be “sorry” for The Canadian Copyright Modernization Act (Bill C-11)

31 05 2012

May 16, 2012

Beanstock

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The content in this post was found at http://www.beanstalk-inc.com/blog/2012/05/16/why-canada-will-be-sorry-for-the-canadian-copyright-modernization-act-bill-c-11/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Megaupload claims it is beyond the reach of US criminal law

31 05 2012

Megaupload, a corporation whose file-sharing business was effectively destroyed by a January indictment, has asked a Virginia judge to dismiss the case against it. It argues that because it is not based in the United States and has no offices there, it is not subject to US criminal law.

[additional issues are raised, including the use of criminal prosecution in what should be a civil case. Ed.]

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The content in this post was found at http://arstechnica.com/tech-policy/2012/05/megaupload-claims-it-is-beyond-the-reach-of-us-criminal-law/f and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.