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Viacom is unlikely to sue bloggers for posting their own clips of The Daily Show or The Colbert Report, contrary to reports floating around on the Internet. The company clarified its position to Ars on Thursday, noting that it tries to be as permissive as possible when it comes to fair use and that individual bloggers have never been on the studio’s radar.
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The RealDVD soap opera is finally over: RealNetworks has settled its litigation with the movie industry and has agreed to pay out $4.5 million to cover their costs related to the lawsuit. It has been a long and painful fight for the company, and RealNetworks has decided to move on rather than continue dragging it out. . . . The company has agreed not to sell or distribute any technology that would enable duplication of content protected by Content Scramble System, ARccOS, or RipGuard.
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In a statement released today, UCLA announced that it will restart its former practice of streaming (entire) movies/videos within an accessed controlled online classroom. You can see this announcement here. The news release article contains links to a principals document that outlines the rationale, if you will, UCLA is advancing.
I find the document confusing from a legal standpoint. To me, fair use is tangled in with 110(1), the face-to-face performance exception which is further tangled up with 110(2), the TEACH Act and topped off with the concept of time-shifting (from the Sony case) and the argument that virtual classrooms should be no different than physical classrooms regardless of how the law reads. Favorable pieces of one section of the law are taken out of context and combined with pieces from somewhere else. The idea that the same performance can be in both 110(1) and 110(2) simultaneously is very confusing.
Peggy
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The mother of a dancing toddler is dancing after winning a closely watched copyright case. US District Judge Jeremy Fogel granted partial summary judgment to Stephanie Lenz last week in her battle against Universal Music Group, putting a halt to Universal’s attempts to paint Lenz as having “bad faith” and “unclean hands” in her lawsuit. As a result, the doors have been opened for Lenz to collect attorneys’ fees in her case, though other damages aren’t likely to come Lenz’s way.
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By Eric Goldman
Lenz v. Universal Music Corp., 5:07-cv-03783-JF (N.D. Cal. Feb. 25. 2010)
In the lawsuit over the allegedly bogus takedown of a YouTube video of a baby dancing to Prince’s “Let’s Go Crazy” (previous blog coverage), Judge Fogel has defined some standards for computing damages in a 17 USC 512(f) case, which creates a cause of action for sending certain types of bogus copyright takedown notices. I can’t recall another case discussing the damages requirements of a 512(f) claim–the only other definitive 512(f) plaintiff’s win was Online Policy Group v. Diebold (also before Judge Fogel), which settled for $125k before Judge Fogel reached damages. As a result, I believe this is a novel ruling which could have significant implications for future 512(f) cases.
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WIRED: Google Books Fosters Intellectual, Legal Crossroads
Nobody in their right mind opposes the intellectual soundness of digitizing the world’s books -– even titles gathering dust in the stacks of university libraries — and making them available online.
Yet Google will encounter stiff resistance in a Manhattan federal court Thursday during a marathon hearing that could grant Google the keys to free the written word from a business and intellectual model as old as paper and ink.
“The benefits of approval are bounded only by the limits of human creativity and imagination,” Google told U.S. District Judge Denny Chin in a recent court filing ahead of Thursday’s hearing.
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By Greg Sandoval – Six music blogs hosted by Google’s blogging services have been accused of violating the company’s terms of service by allegedly posting unauthorized copyright material and have been booted from the sites.
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When Jammie Thomas (now Thomas-Rasset) became the first alleged P2P file-swapper to take her case all the way to trial and verdict, no one suspected that she would actually have three trials and verdicts, but that’s the case today, as the RIAA rejected a federal judge’s decision to slash Thomas-Rasset’s damage award. Instead, we’re headed to a truncated third trial on the issue of damages.
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Many of you, like me, have been watching the publishers’ (plaintiffs) lawsuit against Georgia State University (GSU) concerning the amount of copyrighted material posted in the University’s electronic reserves and online course management systems, pursuant to fair use. The burning question for me is how much was too much for the publishers?
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