France halts “three strikes” IP address collection after data leak

17 05 2011

May 17, 2011

The French government’s “three strikes” approach to online copyright infringement relies on a private company that scans file-sharing networks and gathers the IP addresses of alleged Gallic content pirates. But that company, TMG, suffered an embarrassing security breach last week, and the French government has “temporarily suspended” its acquisition of new TMG data while an investigation is underway.

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Videos from the 47 USC 230 Conference Now Online

26 04 2011

By Eric Goldman

Without any pretense of modesty, I think we have put on a number of first-rate High Tech Law Institute events over the years. However, unquestionably, the post-event buzz from our recent conference on 47 USC 230 has been as enthusiastic as any I can recall. Now, you can enjoy the event (or relive it, for those of you who were there) by watching the event’s videos, now online. I hope you’ll check it out.

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Republishing Entire Newspaper Story is Fair Use–Righthaven v. CIO

23 04 2011

By Eric Goldman

April 23, 2011

Righthaven, LLC v. Jama, 2:10-cv-01322-JCM -LRL (D. Nev. April 22, 2011). See my comprehensive blog post on Righthaven from October.

[Note: A month ago, the judge orally dismissed the defendant in this case. Yesterday, the judge issued its written opinion articulating that ruling.]

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YouTube and its Amici File Their Briefs in the Viacom v. YouTube Appeal

14 04 2011

By Eric Goldman

April 14, 2011

I’m catching up with the YouTube-side briefs in the Viacom v. YouTube appeal. (See my analogous post on the Viacom-side briefs). Once again, Michael Barclay has been kind enough to organize the briefs into a single post.

The case library (also see the EFF’s helpful library):

* Public Knowledge amicus brief in support of YouTube.
* Professor Michael Carrier’s amicus brief in support of YouTube.
* National Venture Capital Association amicus brief in support of YouTube.
* National Consumers League et al amicus brief in support of YouTube.
* NAMAC et al amicus brief in support of YouTube.
* MP3Tunes amicus brief in support of YouTube.
* IP and Internet Law Professors amicus brief in support of YouTube.
* Human Rights Watch et al amicus brief in support of YouTube.
* EFF et al amicus brief in support of YouTube.
* eBay et al amicus brief in support of YouTube.
* Consumer Electronics Association amicus brief in support of YouTube.
* CCIA/NetCoalition amicus brief in support of YouTube.
* Anaheim Ballet et al amicus brief in support of YouTube.
* YouTube’s opening brief
* My comments on the Viacom amicus briefs
* MPAA/IFTA amicus brief in support of Viacom. CBS amicus brief in support of Viacom just endorsing the MPAA/IFTA brief.
* BMI et al amicus brief in support of Viacom.
* Business Software Association amicus brief in support of Viacom.
* Microsoft/EA amicus brief in support of Viacom.
* Advance Publication et al amicus brief in support of Viacom.
* Brotman/Cass/Nimmer amicus brief in support of Viacom.
* Washington Legal Foundation amicus brief in support of Viacom.
* Seven IP professors’ amicus brief in support of Viacom.
* International Intellectual Property Institute amicus brief in support of Viacom.
* Eight professors’ amicus brief in support of Viacom.
* American Federation of Musicians et al amicus brief in support of Viacom.
* Vobile amicus brief in support of neither party.
* Audible Magic amicus brief in support of neither party.
* APILA amicus brief in support of neither party.
* FAPL’s opening appellate brief.
* Viacom’s opening appellate brief.
* District court opinion granting summary judgment to Google. My blog post.
* Viacom’s summary judgment motion. My blog post.
* YouTube’s summary judgment motion. My blog post.
* FAPL’s initial complaint. My blog post.
* Viacom’s initial complaint. My blog post.

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Feature: The next Napster? Copyright questions as 3D printing comes of age

5 04 2011

April 5, 2011

The Penrose Triangle is as elegant as it is impossible—much like M.C. Escher’s drawings, it presents a two-dimensional illusion that the eye interprets as three-dimensional. The task of effectively creating this illusion in three dimensions, without resorting to hidden openings or gimmicky twists, seemed daunting until a Netherlands-based designer named Ulrich Schwanitz succeeded in printing the object recently. But Schwanitz, who posted a YouTube video of his design achievement in action, wouldn’t share his secret with the world. Instead, he made his “impossible triangle” available for purchase through Shapeways, a company that fabricates custom 3D designs, for $70.

Within weeks of Schwanitz’s “discovery,” however, a 3D modeler (and former Shapeways intern) named Artur Tchoukanov watched the video and figured out how to recreate the shape. He then uploaded instructions to Thingiverse, an open-source repository of 3D models and content. BoingBoing picked up the story (well, part of it), and “wrongly” credited Tchoukanov as the initial creator of the object.

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The content in this post was found at http://arstechnica.com/tech-policy/2011/04/the-next-napster-copyright-questions-as-3d-printing-comes-of-age/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Federal judge rejects Google book monopoly

22 03 2011

March 22, 2011

The federal judge overseeing the Google Books case dealt a setback to Google and the publishing industry on Tuesday by rejecting a massive proposed settlement. Judge Denny Chin wrote that the latest iteration of the settlement “is not fair, adequate, and reasonable” because it would give Google a de facto monopoly in the book search market and adversely affect the rights of millions of copyright holders.

The fight over Google Books has been brewing since Google announced its book-scanning project in 2004. A coalition of authors and publishers sued the following year, and in 2008, a settlement was announced. It has attracted a growing army of critics, including the US government.

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Did file-sharing cause recording industry collapse? Economists say no

22 03 2011

March 23, 2011

For the last decade, the movie and music industries have engaged in a relentless struggle against Internet file sharing. One prominent theater of this global conflict has been the UK, which last year saw the passage of the Digital Economy Act. The law, if fully implemented, could allow Internet Service Providers to disconnect “persistent infringers” of the UK’s copyright rules from the ‘Net.

The zeal with which Hollywood and the recording industry have pursued this ISP-as-cop approach around the world has prompted some ISPs to cry foul. “The notion of disconnection without judicial oversight violates the presumption of innocence,” warned the Australian DSL service iiNet in a recent position piece . “As the penalty for possibly minor economic loss (at the individual infringer level) removal of Internet access is, therefore, both inappropriate and disproportionate.”

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Frank Lloyd Wright Foundation Withdraws License to Virtual Frank Lloyd Wright Museum in Second Life — Then Sends Cease-and-Desist

13 03 2011

Wagner James Au
December 3, 2010

New world notes

Sad news for architecture lovers in Second Life: The Frank Lloyd Wright Virtual Museum in Second Life, a non-commercial, education-oriented installation which operated under a licensing agreement from the Frank Lloyd Wright Foundation (established by the great builder himself), is disappearing from the metaverse this Sunday. Why? Because according to Rowan Derryth, a Board member of Virtual Museums Inc. (which runs the site), the Foundation let the agreement expire, then sent a cease-and-desist to the group.

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Court Rejects Agence France-Presse’s Attempt to Claim License to Haiti Earthquake Photos Through Twitter/Twitpic Terms of Service — AFP v. Morel

13 03 2011

[Post by Venkat with a few comments from Eric]

Agence France Presse v. Morel, 10 Civ. 2730 (WHP) (S.D.N.Y.; Dec. 23, 2010)

The Southern District of New York issued an order denying AFP’s request to dismiss photographer Daniel Morel’s copyright claims, rejecting AFP’s argument that uploading pictures to Twitter/Twitpic granted third parties (including AFP) a broad license to exploit this content. The result is not surprising from a legal standpoint, but should allow photographers (and others who upload content into Twitter’s ecosystem) to breathe a sigh of relief.

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What Could Have Been Entering the Public Domain on January 1, 2011?

13 03 2011

Current US law extends copyright protections for 70 years from the date of the author’s death. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years (an initial term of 28 years, renewable for another 28 years).  Under those laws, works published in 1954 would be passing into the public domain on January 1, 2011.

This includes:

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The content in this post was found at http://indianaintellectualproperty.wordpress.com/2011/01/03/what-could-have-been-entering-the-public-domain-on-january-1-2011// and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.