2H 2016 Quick Links, Part 2 (Copyright & Open Access)

3 01 2017

Copyright

* Goldstein v. Metropolitan Regional Information Systems, Inc., 2016 WL 4257457 (D. Md. Aug. 11, 2016)

* Seide v. Level-(1) Global Solutions, LLC, 2016 WL 4206076 (N.D. Ill. Aug. 10, 2016):

* BMG Rights Management (US) LLC v. Cox Communications, Inc., 2016 WL 4224964 (E.D. Va. Aug. 8, 2016):

* Disney Enterprises v. VidAngel, 2:16-cv-04109 (C.D. Cal. Dec. 12, 2016). There is no space-shifting exception to 1201’s anti-circumvention restrictions. Also:

The Family Home Movie Act didn’t apply because:

VidAngel’s defense failed in part because:

* Public Knowledge: The Growing List of How the Copyright Office Has Failed Us. Full report.

* Sisyphus Touring, Inc. v. TMZ Productions, Inc., CV No. 15-09512-RSWL-PJW (C.D. Cal. Sept. 23, 2016):

* Ouellette v. Viacom International, Inc., 2016 WL 7407244 (9th Cir. Dec. 22, 2016). Another 512(f) case fails due to Rossi. Prior blog posts (1, 2).

* Opinion Corp. v. Roca Labs, Inc., 2016 WL 6824383 (M.D. Fla. Nov. 17, 2016). You can’t even win a 17 USC 512(f) case on a default judgment.

* TorrentFreak: [Canadian] Court Awards Damages Following Bogus DMCA Takedowns

* Devil’s Advocate LLC v. Zurich American Insurance Company, No. 15-1048. (4th Cir. Nov. 22, 2016).

Prior blog post.

* The Board of Immigration Appeals holds that a person can be deported for criminal copyright infringement because it is a crime of moral turpitude.

* Ars Technica on EU’s proposed copyright reforms (hint: it’s not going well). Financial Times: “The kindest interpretation one can place on these proposals is that the commission has simply misunderstood the digital marketplace. A more cynical view is that it has caved in to fierce lobbying by a number of powerful European publishers”

* A new chapter in the linking saga

* Michael Geist: Music Canada Reverses on Years of Copyright Lobbying: Now Says WIPO Internet Treaties Were Wrong Guess

* Kirtsaeng denied his attorneys’ fees again.

* ABA Journal: Who’s the pirate? Lawyers join forces to fight allegedly bogus claims of pay-TV theft

* GQ: An Oral History of “We Built This City,” the Worst Song of All Time

Open Access

* James Grimmelmann: “Alternative Publishing Models For Cost-Conscious Professors”

* FTC Charges Academic Journal Publisher OMICS Group Deceived Researchers

* Does clickbait apply to academia?

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Google’s fair use victory is good for open source

3 06 2016
Oracle and Google have been fighting for six years about whether Google infringed copyright by its use of 37 of the 166 packages that constitute the Java API in the Android software platform for smart phones. Last week, Google won a jury trial verdict that its reuse of the Java API elements was fair use.

Let me first explain the main facts and claims in the lawsuit, and then why Google’s fair use victory is a good thing not only for Google but also for open source developers, for software developers more generally, and for the public.

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The content in this post was found at http://arstechnica.com/tech-policy/2016/06/googles-fair-use-victory-is-good-for-open-source/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The Google/Oracle decision was bad for copyright and bad for software

3 06 2016
Oracle’s long-running lawsuit against Google has raised two contentious questions. The first is whether application programming interfaces (APIs) should be copyrightable at all. The second is whether, if they are copyrightable, repurposing portions of those APIs can be done without a license in the name of “fair use.”

In the first trial between the companies, the court ruled that Google had copied portions of Java but that these copied portions were mere APIs; as such, they were not protected by copyright law. An appeals court later reversed this part of the decision, asserting that the “structure, sequence, and organization” of an API was in fact protectable by copyright. The case was then returned to the trial court to ascertain whether the (previously acknowledged) copying of (now copyright-protected) Oracle material was an infringement of copyright.

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The content in this post was found at http://arstechnica.com/business/2016/06/the-googleoracle-decision-was-bad-for-copyright-and-bad-for-software/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Op-ed: Oracle attorney says Google’s court victory might kill the GPL

30 05 2016

Annette Hurst is an attorney at Orrick, Herrington & Sutcliffe who represented Oracle in the recent Oracle v. Google trial. This op-ed represents her own views and is not intended to represent those of her client or Ars Technica.

The Oracle v. Google trial concluded yesterday when a jury returned a verdict in Google’s favor. The litigation began in 2010, when Oracle sued Google, saying that the use of Java APIs in Android violated copyright law. After a 2012 trial, a judge held that APIs can’t be copyrighted at all, but that ruling was overturned on appeal. In the trial this month, Google successfully argued that its use of Java APIs, about 11,500 lines of code in all, was protected by “fair use.”

The developer community may be celebrating today what it perceives as a victory in Oracle v. Google. Google won a verdict that an unauthorized, commercial, competitive, harmful use of software in billions of products is fair use. No copyright expert would have ever predicted such a use would be considered fair. Before celebrating, developers should take a closer look. Not only will creators everywhere suffer from this decision if it remains intact, but the free software movement itself now faces substantial jeopardy.

 

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The content in this post was found at http://arstechnica.com/tech-policy/2016/05/op-ed-oracle-attorney-says-googles-court-victory-might-kill-the-gpl/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Low-cost IMSI catcher for 4G/LTE networks tracks phone’s precise locations

2 12 2015
Ars Technica
October 28, 2015
Dan Goodin
Researchers have devised a low-cost way to discover the precise location of smartphones using the latest LTE standard for mobile networks, a feat that shatters widely held perceptions that it’s immune to the types of attacks that targeted earlier specifications.

The attacks target the LTE specification, which is expected to have a user base of about 1.37 billion people by the end of the year. They require about $1,400 worth of hardware that run freely available open-source software. The equipment can cause all LTE-compliant phones to leak their location to within a 32- to 64-foot (about 10 to 20 meter) radius and in some cases their GPS coordinates, although such attacks may be detected by savvy phone users. A separate method that’s almost impossible to detect teases out locations to within an area of roughly one square mile in an urban setting.

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The content in this post was found at http://arstechnica.com/security/2015/10/low-cost-imsi-catcher-for-4glte-networks-track-phones-precise-locations/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.