Library trolls copyright zealots by naming collection after Sonny Bono

12 10 2017
The Internet Archive is an online library known for pushing the boundaries of copyright law to promote public access to obscure works, including classic video games and historic images. Now the organization is taking advantage of a little-noticed provision of the 1998 Sonny Bono Copyright Term Extension Act to publish complete copies of out-of-print books published between 1923 and 1941. The group hopes that the move will inspire other libraries to follow its lead, making hundreds of thousands of books from the mid-20th Century available for download.

The Internet Archive has cheekily named this the “Sonny Bono Memorial Collection.” Bono was a musician turned member of Congress who died in a skiing accident months before the legislation passed. His widow, Mary Bono, won his seat in the House of representatives. During the debate over the Copyright Term Extension Act, Mary Bono said that “Sonny wanted the term of copyright protection to last forever. I am informed by staff that such a change would violate the Constitution.” So Congress did the next best thing, retroactively extending copyright terms by 20 years and naming the legislation after Sonny.

Congress passed the controversial law in 1998 under heavy lobbying from major content holders. The law is the reason Mickey Mouse, Batman, and Gone with the Wind haven’t fallen into the public domain—all had copyrights that were due to expire between 1999 and 2017—until Congress intervened.

more

The content in this post was found at https://arstechnica.com/tech-policy/2017/10/internet-archive-puts-full-out-of-print-books-from-20s-and-30s-online/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



FireWatch dev uses DMCA against PewDiePie after streamed racial slur

17 09 2017
Campo Santo, the developer behind forest exploration game Firewatch, is using DMCA requests to take down videos of its game streamed by popular YouTube personality Felix “PewDiePie” Kjellberg. The move comes after PewDiePie called another player a “n—–r” (NSFW video) during a live stream of PlayerUnknown’s Battlegrounds yesterday.

“We’re filing a DMCA takedown of PewDiePie’s Firewatch content and any future Campo Santo games,” Campo Santo cofounder Sean Vanaman said in a Twitter thread yesterday evening. “There is a bit of leeway you have to have with the internet when u [sic] wake up every day and make video games. There’s also a breaking point. I am sick of this child getting more and more chances to make money off of what we make.”

more

The content in this post was found at https://arstechnica.com/gaming/2017/09/firewatch-dev-uses-dmca-against-pewdiepie-after-streamed-racial-slur/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



DMCA “safe harbor” up in the air for online sites that use moderators

28 05 2017
The Digital Millennium Copyright Act’s so-called “safe harbor” defense to infringement is under fire from a paparazzi photo agency. A new court ruling says the defense may not always be available to websites that host content submitted by third parties.

The safe harbor provision is what has given rise to sites like YouTube and various social media platforms. In essence, safe harbor was baked into the DMCA to allow websites to be free from legal liability for infringing content posted by their users—so long as the website timely removes that content at the request of the rights holder.

But a San Francisco-based federal appeals court is ruling that, if a website uses moderators to review content posted by third parties, the safe harbor privilege may not apply. That’s according to a Friday decision in a dispute brought by Mavrix Photographs against LiveJournal, which hosts the popular celebrity fan forum “Oh No they Didn’t.” The site hosted Mavrix-owned photos of Beyonce Knowles, Katy Perry, and other stars without authorization.

more

The content in this post was found at https://arstechnica.com/tech-policy/2017/04/dmca-safe-harbor-up-in-the-air-for-online-sites-that-use-moderators/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Revisiting If Suing Bloggers For Copyright Infringement Can Be Profitable–BWP v. Mishka

6 03 2017

Ever since the Righthaven debacle, I’ve been wondering about the profitability of copyright enforcement actions against bloggers. Bloggers aren’t the deepest pockets, and numerous copyright doctrines make wins and big judgments expensive and unlikely, plus a single 505 fee shift can erase accumulated profits from many small-scale wins (see, e.g., 1, 2, 3, 4).

Today’s case gives us some additional numbers to crunch. Mishka runs a fashion blog. She included 2 photos to which BWP owned the copyrights. (BWP is a familiar name on this blog). BWP sued in August 2013. As usual in these circumstances, BWP didn’t send any takedown notices, and Mishka deleted the photos upon receiving the complaint. In March 2016, BWP accepted an offer of judgment for $7,500 plus “costs and attorney [sic] fees in the amount to be set by the Court.”

Case citation: BWP Media USA, Inc. v. Mishka NYC LLC, 2016 WL 8309676 (E.D.N.Y. Dec. 28, 2016)

more

The content in this post was found at http://blog.ericgoldman.org/archives/2017/02/revisiting-if-suing-bloggers-for-copyright-infringement-can-be-profitable-bwp-v-mishka.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Forget DMCA takedowns—RIAA wants ISPs to filter for pirated content

28 02 2017
The Recording Industry Association of America and other rights holders are urging US copyright regulators to update the “antiquated” DMCA takedown process. They want Internet Service Providers to filter out pirated content.

What the RIAA and 14 other groups are telling the US Copyright Office is simple: The 19-year-old Digital Millennium Copyright Act isn’t working. They say the process of granting legal immunity—or “safe harbor”—to ISPs who “expeditiously” remove copyrighted content upon notice of the rights holder needs to be supplanted with fresh piracy controls. That’s because, they say, the process creates a so-called “endless game of whack-a-mole” in which an ISP will remove pirated content only to see it instantaneously reappear at the push of a button by a copyright scofflaw. This requires the rights holder to send a new takedown notice—often again and again.

The groups say (PDF):

more

The content in this post was found at https://arstechnica.com/tech-policy/2017/02/forget-dmca-takedowns-riaa-wants-isps-to-filter-for-pirated-content/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.