UCLA To Start Streaming Entire Movies Online Again

3 03 2010

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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Dancing tot prevails over UMG in YouTube fair use case

1 03 2010

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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Rare Ruling on Damages for Sending Bogus Copyright Takedown Notice–Lenz v. Universal

26 02 2010

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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Google Books at the Intellectual Property crossroads

18 02 2010

WIRED: Google Books Fosters Intellectual, Legal Crossroads

By David Kravets
Feb 18

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.

Read More http://www.wired.com/threatlevel/2010/02/google-books-fosters-intellectual-legal-crossroads/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29#ixzz0fwhYdYq5

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Google boots music blogs, claiming copyright fouls

16 02 2010

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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Remarkable third trial coming for RIAA’s first P2P defendant

11 02 2010

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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No Fair Use For E-Reserves Or Online Courses?

10 02 2010

©ollectanea

Feb 10, 2010

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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DOJ: Google book settlement better, but not yet good

5 02 2010

Google’s competitors aren’t the only ones who think that the revisions to the Google book settlement are insufficient—the US Department of Justice has reached the same conclusion. The DOJ has filed a statement of interest with the judge handling the case in which it argues that although the revisions to the initial settlement are substantial, they fall well short of eliminating the antitrust and copyright concerns that it had raised previously. As a result, the DOJ argues, the best solution is to send the parties back to the negotiating table to try again.

As with its previous filing, the DOJ recognizes that the settlement might ultimately provide a public good. “Realities make it difficult if not impossible to engage in lawful large-scale book digitization projects, thereby denying the public the full corpus of 20th century books and, perhaps, unknown benefits of future creativity and economic innovation,” the statement reads. “The parties to the ASA [Amended Settlement Agreement] should be commended for their efforts to find a solution to these challenges.”

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feature: Studios crushed: ISP can’t be forced to play copyright cop

4 02 2010


In a definitive defeat for film studios—and in a first case of its kind worldwide—Australia’s Federal Court has ruled that ISPs have no obligation to act on copyright infringement notices or to disconnect subscribers after receiving multiple letters. If copyright holders want justice for illegal file-sharing, they need to start by targeting the right people: those who committed the infringement.

The ruling handed down today by Judge J. Cowdroy aims to be nothing less than magisterial: in 200 pages, it examines the issue from every possible angle because of the “obvious importance of these proceedings to the law of copyright both in this country and possibly overseas.”

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Italy preparing to hold YouTube, others liable for uploads

3 02 2010

User-generated content sites have always resisted the idea that they should be regulated like traditional broadcasters, but Italy has been the democracy that has gone furthest in that direction. The move toward regulation continues with a new policy that could force sites like YouTube to obtain TV licenses from the Italian government. Such sites could also be fully liable for copyright infringement and libelous or illegal material posted by users.

The Italian government has already gone after Google in a highly public fashion, suing several top executives over a YouTube video that showed classmates abusing a student with Down’s Syndrome. In that case, the argument was that Google had a duty to screen such material and keep it from appearing on the site—a claim that Google and others have always said would make user-generated content sites almost impossible to run.

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