Copyright Office Gratuitously Kills the DMCA Safe Harbor For Thousands of Websites

7 02 2017

This story has been like watching a train wreck in slow motion. In 2011 (yes, over 5 years ago), the Copyright Office announced that it was going to transition the designation of DMCA safe harbor agents from paper to electronic. The current paper-based system has been archaic since the beginning, so creating an electronic database is long overdue.

However, the transition raised the question of what would happen to the legacy registrations. Obviously the Copyright Office could scan them and feed them into the new electronic database, but that would cost some money (the Final Rule complains about the cost but doesn’t provide a number). Plus, the Copyright Office said that its initial interim rules indicated that reregistration would be required. So the Copyright Office proposed requiring all existing registrants to reregister or THEY WILL LOSE THE DMCA SAFE HARBOR.

If that isn’t troubling enough, the Copyright Office also proposed to require all registrants to re-register every 2 years–again at the peril of losing the DMCA Safe Harbor if the sites fail to do so.

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The content in this post was found at http://blog.ericgoldman.org/archives/2016/10/copyright-office-gratuitously-kills-the-dmca-safe-harbor-for-thousands-of-websites.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Reddit tells label it won’t cough up IP address of prerelease music pirate

4 02 2017
Reddit says it won’t give Atlantic Records the IP address of a Reddit user who posted a link on the site of a single by Twenty One Pilots a week before the song’s planned release.

The song, “Heathens,” was originally uploaded on June 15 to the file-sharing site Dropfile. That same day, the file landed on Reddit. According to a lawsuit (PDF) in New York State Supreme Court, the file was posted to the Twenty One Pilots subreddit with the title “[Leak] New Song – ‘Heathens’  The Poster submitted the link under the username “twentyoneheathens,” according to Atlantic.

Atlantic and its subsidiary label, Fueled by Ramen, want the IP address of the Reddit leaker. The company said the file fell victim to “widespread distribution” on the Internet, so the company released the single June 16, a week ahead of schedule; the label also said the early release hindered a planned rollout on Spotify, iTunes, and other platforms. Atlantic says the leaker must be an Atlantic employee who was contractually obligated not to leak the track, which is featured in the movie Suicide Squad that debuted earlier this month.

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The content in this post was found at hhttps://arstechnica.com/tech-policy/2016/08/reddit-tells-label-it-wont-cough-up-ip-address-of-prerelease-music-pirate/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



RIP, “Six Strikes” Copyright Alert System

1 02 2017
Four years ago, some of the nation’s leading ISPs worked in conjunction with the Motion Picture Association of America, the Recording Industry Association of America, and the White House to roll out what they called the Copyright Alert System. It was deemed an “educational” approach to cut down on online copyright infringement, and it was responsible for sending millions of notices to consumers saying that they were discovered pilfering content online.

That system—which many originally feared would result in people having their Internet cut off—is now officially dead. The CAS, as it was known, didn’t have much teeth, and it didn’t really result in people losing their Internet access, either. Today, it’s no secret that online copyright infringement runs rampant.

The program primarily tried to combat infringement as follows: Internet subscribers could get two notices for “educational” purposes that their accounts had been used to commit infringement. Upon a third and fourth notice, the subscriber was required to respond and acknowledge it. On the fifth and sixth notices, consumers might have their Internet speeds throttled. The plan left it up to the rights holders if they wanted to sue copyright offenders.

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The content in this post was found at https://arstechnica.com/tech-policy/2017/01/rip-six-strikes-copyright-alert-system/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Search Engine Snippets Protected By Section 230–O’Kroley v. Fastcase

27 01 2017

The plaintiff’s vanity Google search results included the following snippet: “indecency with a child in Trial Court Cause N . . . Colin O’Kroley v Pringle.” The linked result (to Google Book’s indexing of Texas Advance Sheet–see image) contained a summary of the child indecency case preceding the listing for O’Kroley’s totally unrelated lawsuit. O’Kroley asserted that this search result snippet harmed him, so he demanded $19.2 trillion in damages (GOBOGH!). The trial court said no, citing Section 230. The appeals court, in a short but surprisingly published opinion, affirmed.

 

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Case citation: O’Kroley v. Fastcase, Inc., No. 15-6336 (6th Cir. July 22, 2016)

The content in this post was found at http://blog.ericgoldman.org/archives/2016/07/search-engine-snippets-protected-by-section-230-okroley-v-fastcase.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Batten down the hatches—Navy accused of pirating 585k copies of VR software

27 01 2017
A German maker of 3D virtual reality software is accusing the US Navy of engaging in wanton piracy, and we’re not talking about piracy on the high seas. This is about digital piracy of software, according to a federal lawsuit brought by Bitmanagement Software. The company is seeking copyright infringement damages of more than $596 million (€543 million) from the Navy for allegedly stealing more than 558,000 copies of its BS Contact Geo software.

The amount of damages, if the Navy loses, could go up substantially. Bitmanagement also noted that, in addition to licensing fees, it is seeking pre- and post-judgement interest, punitive damages, legal costs, attorney fees, and statutory damages that could amount to $150,000 per infringement.

According to the lawsuit (PDF) filed in the US Court of Federal Claims:

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The content in this post was found at https://arstechnica.com/tech-policy/2016/07/batten-down-the-hatches-navy-accused-of-pirating-585k-copies-of-vr-software/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.