Intellectual Property in the World of eSports

4 04 2018

IP Watchdog

Roman Brtka
April 2, 2018

eSports is an exciting new area — not only in the sporting industry but in legal terms. There are various key players such as eGamers, game publishers, and organizers of eSports events, who are facing the challenge of sufficiently protecting their rights. Organizers need to ensure that they obtain all necessary usage rights from the game publishers and the participating eGamers, and these parties need to be aware of their possible ancillary copyrights and should take appropriate precautionary measures to protect them.

more

The content in this post was found at https://www.ipwatchdog.com/2018/04/02/intellectual-property-esports/id=95245/

Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico



MPAA Opposes Several Filmmaker Associations Request For Expanded Circumvention Exemptions

7 03 2018

Techdirt

February 28, 2018

Over the past few weeks, we’ve mentioned in a couple of posts that the Copyright Office is currently taking public commentary for changes to the DMCA’s anti-circumvention exemptions provisions. While we’ve thus far limited our posts to the Museum of Art and Digital Entertainment’s bid to have those exemptions extended to preserving online video games and the ESA’s nonsensical rebuttal, that isn’t the only request for expanded exemptions being logged. A group of filmmaker associations put in a request last year for anti-circumvention exemptions to be extended to filmmakers so that they can break the DRM on Blu-ray films in order to make use of clips in new works. At issue is the fact that these filmmakers are able to make use of clips in these new works thanks to fair use but cannot readily get at them due to the DRM on the films themselves.

This is confusing and creates uncertainty, according to the International Documentary Association, Kartemquin Films, Independent Filmmaker Project, University of Film and Video Association, and several other organizations. Late last year they penned a submission to the Copyright Office, which is currently considering updates to the exemptions, where they argued that all filmmakers should be allowed by break DRM and rip Blu-rays. The documentary exemptions have been in place for years now and haven’t harmed rightsholders in any way, they said.

“There is no reason this would change if the ‘documentary’ limitation were removed. All filmmakers regularly need access to footage on DVDs and without an exemption to DVDs, many non-infringing uses simply cannot be made,” the groups noted.

So, there are several groups that lobby for documentarians going to bat for the larger filmmaking world, having seen just how beneficial the exemptions they enjoy have been to the documentary craft. Frankly, it’s nice to see associations such as these not simply staying in their own lane and instead advocating for their larger craft as a whole. Unlike, say, the MPAA which leapt to respond with claims of how awful all of this would be.

A group of “joint creators and copyright owners” which includes Hollywood’s MPAA, the RIAA, and ESA informs the Copyright Office that such an exemption is too broad and a threat to the interests of the major movie studios.

The MPAA and the other groups point out that the exemption could be used by filmmakers to avoid paying licensing fees, which can be quite expensive.

Which, of course, is precisely the point of these exemptions. An end-around of fair use by locking up content behind DRM in order to extract licensing fees from those that legally would otherwise not have to pay them is a special kind of perversion of the DMCA. Not to mention copyright law as a whole, actually. Recall that the entire purpose of copyright law in America is to promote the creation of more works for public consumption. What the MPAA is arguing is that these exemptions, which would do much to promote new work, should be cast aside in favor of a system in which those new works live at the pleasure of the licensing schemes of the major movie studios.

more

The content in this post was found at  https://www.techdirt.com/articles/20180228/09561839330/mpaa-opposes-several-filmmaker-associations-request-expanded-circumvention-exemptions.shtml
Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Clicking the title link will take you to the source of the post.

 

Powered by WPeMatico



Ninth Circuit Issues Important Decision on Software Licensing Practices and Web Scraping

25 01 2018

Proskauer

1-24-18

Jeffrey Neuburger

Earlier this month, the Ninth Circuit issued a noteworthy ruling in a dispute between an enterprise software licensor and a third-party support provider.  The case is particularly important as it addresses the common practice of using automated means to download information (in this case, software) from websites in contravention of website terms and conditions.  Also, the case examines and interprets fairly “standard” software licensing language in light of evolving business practices in the software industry. (Oracle USA, Inc. v. Rimini Street, Inc., No. 16-16832 (9th Cir. Jan. 8, 2018)).

more

The content in this post was found at https://newmedialaw.proskauer.com/2018/01/24/ninth-circuit-issues-important-decision-on-software-licensing-practices-and-web-scraping/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



3D Printing for Consumers: What Does it Mean for the Future of IP?

5 01 2018

Patent filings relating to 3D printing have increased 23-fold over the last five years, and trademark filings for businesses involved in 3D printing have increased 300 percent over the same time. Obviously, there is great excitement over the promise of 3D printing, but there is also concern about how 3D printing could make it too easy to copy a patented product with a push of a button… Traditionally, it is more important to have patent claims that protect products, components of products, arrangements of products, etc. Future IP will weigh more heavily on ideas and designs, rather than methods, which will be increasingly become difficult to police. These files will serve as proof of an owners’ pre-established rights, and could prove to be a major profit-making source in the future. And while copyrights are susceptible to fair use claims in a way patents are not, copyrights last for an extremely long time (e.g., 70 years beyond the death of the author).

more

The content in this post was found at http://www.ipwatchdog.com/2017/04/25/3d-printing-consumers-future-ip/id=82533/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



VPPA Still Doesn’t Protect App Downloaders–Perry v. CNN

5 01 2018

Plaintiff sued CNN under the Video Privacy Protection Act, alleging that CNN wrongly disclosed plaintiff’s viewing records without plaintiff’s consent. The allegation is that plaintiff used the CNN app, which records viewing history, and CNN sent this information to Bango, a third party data analytics company. CNN allegedly disclosed to Bango the viewing activity along with the MAC address (a unique string of numbers associated with plaintiff’s device). Bango then allegedly used the information to link the user’s MAC address to other information and built a profile of plaintiff that includes the name, location, phone number, email address, and payment information, combined with the viewing history that CNN disclosed.

 

more

The content in this post was found at http://blog.ericgoldman.org/archives/2017/05/vppa-still-doesnt-protect-app-downloaders-perry-v-cnn.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Over many objections, W3C approves DRM for HTML5

3 01 2018

In 2013, the World Wide Web Consortium (W3C), the industry body that oversees the development of Web standards, took the controversial decision to develop a system for integrating DRM into browsers. The Encrypted Media Extensions (EME) would offer a way for content producers to encrypt and protect audio and video content from within their plugin-free HTML-and-JavaScript applications.

EME is not itself a DRM system. Rather, it is a specification that allows JavaScript applications to interact with DRM modules to handle things like encryption keys and decrypting the protected data. Microsoft, Google, and Adobe all have DRM modules that comply with the spec.

more

The content in this post was found at https://arstechnica.com/information-technology/2017/07/over-many-objections-w3c-approves-drm-for-html5/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The Intersection of Fashion, Virtual Reality and the Law

1 01 2018

Virtual reality and augmented reality are catching on, and the fashion industry has taken notice. Many of today’s fashion brands are seeing their work being used in this disruptive technology. But, this has caused trademark issues for both fashion companies that want to protect their brands and fashion technology companies that want to bring those brands into the virtual reality world. Moira Lion and Jeff Greene, with the Intellectual Property Group at Fenwick & West, recently sat down with IPWatchdog to discuss how to approach VR innovations as they develop brand protection.

more

The content in this post was found at http://www.ipwatchdog.com/2017/08/16/fashion-virtual-reality-law/id=86867/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The rise of eSports creates a complicated relationship with IP

19 12 2017

Recently, eSports have exploded in popularity to the point that college conferences, such as the Big 10, are now fielding eSports teams. Patented technologies and partnerships in the eSports field have been developed to take advantage of this boom as well. However, there are problems with enforcing IP rights, both because the patents could be potentially held as ineligible subject matter and the ownership rights for the IP are difficult to determine.

more

The content in this post was found at http://www.ipwatchdog.com/2017/03/25/rise-esports-complicated-ip/id=79418/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



DRM in HTML5 takes its next step toward standardization

19 12 2017
Encrypted Media Extensions (EME), a mechanism by which HTML5 video providers can discover and enable DRM providers offered by a browser, has taken the next step on its contentious road to standardization. The World Wide Web Consortium (W3C), the standards body that oversees most Web-related specifications, has moved the EME specification to the Proposed Recommendation stage.

The next and final stage is for the W3C’s Advisory Committee to review the proposal. If it passes review, the proposal will be blessed as a full W3C Recommendation.

Ever since W3C decided to start working on a DRM proposal, there have been complaints from those who oppose DRM on principle. The work has continued regardless, with W3C director and HTML inventor Tim Berners-Lee arguing that—given that DRM is already extant and, at least for video, unlikely to disappear any time soon—it’s better for DRM-protected content to be a part of the Web ecosystem than to be separate from it.

more

The content in this post was found at https://arstechnica.com/information-technology/2017/03/drm-in-html5-takes-its-next-step-toward-standardization/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



How four Microsoft engineers proved that the “darknet” would defeat DRM

30 11 2017

Can digital rights management technology stop the unauthorized spread of copyrighted content? Ten years ago this month, four engineers argued that it can’t, forever changing how the world thinks about piracy. Their paper, “The Darknet and the Future of Content Distribution” (available as a .doc here) was presented at a security conference in Washington, DC, on November 18, 2002.

By itself, the paper’s clever and provocative argument likely would have earned it a broad readership. But the really remarkable thing about the paper is who wrote it: four engineers at Microsoft whose work many expected to be at the foundation of Microsoft’s future DRM schemes. The paper’s lead author told Ars that the paper’s pessimistic view of Hollywood’s beloved copy protection schemes almost got him fired. But ten years later, its predictions have proved impressively accurate.

more

The content in this post was found at https://arstechnica.com/tech-policy/2017/11/how-four-microsoft-engineers-proved-copy-protection-would-fail/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.