Ninth Circuit Says DMCA Anticircumvention Provision Gives New, Access-Prevention Right to Copyright Owners – MDY v. Blizzard, Part II

4 01 2011

As we related in Part I of this post, Blizzard Entertainment, distributor of the World of Warcraft game software and the operator of the servers that enable online game play, sought to block the use of automated game playing software by deploying anti-bot software, WoW Warden. But MDY Industries, the distributor of the Glider bot software, countered that move by re-engineering Glider to evade detection by Warden and enable users to continue access WoW’s servers while using the bot. This feature of Glider is the basis for Blizzard’s claims that MDY violated the provisions of the Digital Millennium Copyright Act that prohibit trafficking in software and other devices that enable circumvention of copyright protection technologies.

In MDY Industries, LLC v. Blizzard Entertainment, Inc., the Ninth Circuit commenced its analysis of the DMCA issues by parsing the complex interconnection between the two parallel prohibitions in the anticircumvention provisions: the prohibition in Section 1201(a) against the circumvention of a technological measure that “effectively controls access to a work protected under this title,” i.e., a copyrighted work; and the prohibition in Section 1201(b) against the circumvention of a technological measure that “effectively protects a right of a copyright owner.”
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The content in this post was found at http://newmedialaw.proskauer.com/2011/01/articles/copyright/ninth-circuit-says-dmca-anticircumvention-provision-gives-new-accessprevention-right-to-copyright-owners-mdy-v-blizzard-part-ii/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



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

3 01 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.



Ninth Circuit Rules on License Conditions versus Contract Covenants in Dispute over World of Warcraft Bots – MDY v. Blizzard, Part I

3 01 2011

The dispute between MDY and Blizzard raises a multiplicity of interesting issues under copyright law and the DMCA, issues on which the U.S. Court of Appeals for the Ninth Circuit ruled last month in MDY Industries, LLC v. Blizzard Entertainment, Inc. (9th Cir. Dec. 14, 2010). The ruling was largely, although not completely, favorable to Blizzard, but either way it is an important ruling for content and software licensors who seek to control their use of their copyrighted works.

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The content in this post was found at http://newmedialaw.proskauer.com/2011/01/articles/copyright/ninth-circuit-rules-on-license-conditions-versus-contract-covenants-in-dispute-over-world-of-warcraft-bots-mdy-v-blizzard-part-i/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



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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The content in this post was found at http://newmedialaw.proskauer.com/2010/09/articles/copyright/ninth-circuit-rules-on-license-versus-sale-of-software/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



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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The content in this post was found at http://hiphopandpolitics.wordpress.com/2010/12/03/whats-the-real-story-behind-home-land-security-shutting-down-hip-hop-websites/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



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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The content in this post was found at http://arstechnica.com/tech-policy/news/2010/12/copyright-troll-righthaven-sues-for-control-of-drudge-report-domain.ars?utm_source=rss&utm_medium=rss&utm_campaign=rssf and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



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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The content in this post was found at http://hiphopandpolitics.wordpress.com/2010/12/03/whats-the-real-story-behind-home-land-security-shutting-down-hip-hop-websites/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.