Ninth Circuit Rules on License versus Sale of Software

19 12 2010

The Register of Copyrights may have concluded that precedents defining the difference between a license and a sale of software are conflicting (see our prior blog post on that point), but a panel of the Ninth Circuit had no difficulty in resolving the issue in its recent opinion Vernor v. Autodesk, Inc., 2010 U.S. App. LEXIS (9th Cir. Sept. 10, 2010). The panel reconciled a series of prior panel rulings deemed inconsistent by the lower court, and ruled that proposed resales of packaged software via an eBay auction were not protected by the copyright first sale doctrine because the initial transaction between the software developer and its transferee was a license, not a sale.

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Judge kills massive P2P porn lawsuit, kneecaps copyright troll

17 12 2010

Only 10 days after a federal judge in Washington, DC sharply limited the US Copyright Group’s mass file-sharing lawsuits there, a federal judge in West Virginia has come down even harder on another set of mass lawsuits. Ken Ford, the lawyer behind the Adult Copyright Company, has just had his business model chopped off at the knees;

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BPI: 1.2 billion illegal music downloads in 2010 a record

16 12 2010

The illegal downloading of copyrighted songs in the UK has reached record levels in 2010, on track to hit 1.2 billion before the year is over. . . .

The study, which was conducted on behalf of BPI by Harris Interactive and UKOM/Nielsen, claims that three-quarters of all music downloaded in the UK is pirated. This is despite 67 legal music services available to UK citizens,

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The content in this post was found at http://arstechnica.com/media/news/2010/12/bpi-12-billion-illegal-music-downloads-in-2010-a-record.ars?utm_source=rss&utm_medium=rss&utm_campaign=rssand was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Court: You do not own that copy of WoW you bought

15 12 2010

The Ninth Circuit Court of Appeals has upheld a previous ruling that those who bought and played World of Warcraft did not actually own the software, but were merely licensing the game, per the included End User Licensing Agreement. . . .

In a previous ruling it was claimed that by using this program the EULA was broken, thus the player was violating copyright by accessing the game. The Ninth Circuit Court did not uphold that aspect of the case.

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The content in this post was found at http://arstechnica.com/gaming/news/2010/12/court-you-do-not-own-that-copy-of-wow-you-bought.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Viacom, FAPL and Amici File Briefs in Viacom v. YouTube Second Circuit Appeal

13 12 2010

By Eric Goldman

[note: all of the briefs referenced in this post are linked in the case library at the bottom of the post]

Viacom and the FAPL have filed their opening appellate briefs in the Second Circuit appeal of Viacom v. YouTube. As Wired and others have pointed out, the standout line from Viacom’s brief was its empirically unsupported assertion that upholding the lower court ruling “would radically transform the functioning of the copyright system and severely impair, if not completely destroy, the value of many copyrighted creations.” Really…? I would find such hyperbole more convincing if Viacom hadn’t acquiesced to YouTube’s behavior post-May 2008 and wasn’t using it extensively today to create substantial value for itself.

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The content in this post was found at http://blog.ericgoldman.org/archives/2010/12/viacom_and_its.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Copyright troll Righthaven sues for control of Drudge Report domain

9 12 2010


News aggregation impresario Matt Drudge is being sued for copyright infringement for reproducing a copyrighted photo along with a link to a story about airport security on the Las Vegas Review-Journal website.

The plaintiff in the case is Righthaven, a company that’s earned a reputation this year as a world-class copyright troll.

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What’s the Real Story Behind Home Land Security Shutting Down Hip Hop Websites?

3 12 2010

What’s the Real Story Behind Home Land Security Shutting Down Hip Hop Websites?

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Judge in Xbox modding trial berates prosecution, halts trial

1 12 2010

LOS ANGELES — Opening statements in the first-of-its kind Xbox 360 criminal hacking trial were delayed here Wednesday after a federal judge unleashed a 30-minute tirade at prosecutors in open court, saying he had “serious concerns about the government’s case.”

“I really don’t understand what we’re doing here,” US District Judge Philip Gutierrez roared from the bench.

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Hollywood studios sue over “bowdlerized” DVDs

15 11 2010

The big studios are on the warpath against the Family Friendly Edited DVDs company, which deletes the risque content from Hollywood fare for resale online. A small truckload of movie makers have sued the outfit in an Arizona federal district court. The plaintiffs include Paramount, Warner Brothers, Sony, Disney, Universal, and Fox.

“Defendants are in the business of preparing, copying and distributing bowdlerized versions of movies, including the Motion Pictures, to which Defendants do not own the copyrights. This constitutes willful copyright infringement,” their complaint charges.

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“Horde of piratical monkeys” creates LimeWire: Pirate Edition

9 11 2010

After a years-long battle with LimeWire, the recording industry finally scuppered the pirate ship last month, obtaining a wide-ranging injunction against LimeWire LLC and its file-sharing software. LimeWire devs were bound by the court to remove their software downloads and source code from the Web, and they had to take steps to break existing LimeWire installations. But two weeks later, LimeWire is back.

LimeWire Pirate Edition builds on the old LimeWire codebase, but it removes LimeWire’s use of some centralized servers, the Ask.com toolbar, in-app advertising, and software backdoors. It also enables all the features of the “Pro” version that LimeWire LLC used to sell as a premium product.

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The content in this post was found at http://arstechnica.com/tech-policy/news/2010/11/horde-of-piratical-monkeys-resurrects-limewire-pirate-edition.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.