Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It

12 10 2017

In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from iTunes could sell the music that they no longer wanted.  In a nutshell, the system allowed the owner of a digital file to transfer the music to ReDigi’s cloud storage locker, from which ReDigi could then sell it to a willing buyer for a lower price than the cost of an “original” purchase from the iTunes Store.  When a sale was made, Redigi would retain 60% of the sales price, while the seller and artist got 20% each. Although the process of transferring a file from an owner’s personal computer to ReDigi required that it be reproduced on ReDigi’s server, the system removed the file from the owner’s personal computer as the file was moved.  Capitol Records, the copyright owner of many music files sold over the ReDigi system, sued ReDigi for copyright infringement, alleging that the company reproduced and distributed its copyrighted works without permission.

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The content in this post was found at http://www.ipwatchdog.com/2017/10/11/digital-resale-copyrights-second-circuit-wont-buy/id=88965/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Odd lawsuit fails to ding FedEx for allowing copies of CC-licensed material

28 02 2017
Creative Commons, the free culture licensing scheme, has survived a far-reaching legal challenge to its “noncommercial” licensing platform. It was a first-of-its-kind dispute, one that threatened Creative Commons’ purpose of fostering the sharing of content, both online and offline.

Creative Commons, often known as CC, allows content creators to share their works with various licenses. The license at issue here is known as BY-NC-SA 4.0. Content under this license can be freely used by anybody for “noncommercial” purposes if the original source is credited. There are more than 1.1 billion works within the CC licensing umbrella, and 150 million licensed for noncommercial use.

However, a Washington, DC-based nonprofit educational stalwart called Great Minds (GM) tried to turn the CC noncommercial licensing scheme on its head. Great Minds develops K-12 curriculum for schools throughout the US and licenses its product under the CC noncommercial license. The nonprofit sued FedEx for profiting when school representatives used FedEx to duplicate the materials so they could be distributed in class. Great Minds demanded royalties from FedEx, which refused. Great Minds sued last year, claiming FedEx was infringing its content, which also enjoys US copyright protection.

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The content in this post was found at https://arstechnica.com/tech-policy/2017/02/odd-lawsuit-fails-to-ding-fedex-for-allowing-copies-of-cc-licensed-material/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Future of Libraries – Need First Sale for ebooks

20 02 2017

How will libraries hold onto ebooks and other digital files like mp3s so that readers and scholars in the future can still read them?  The current state of affairs relies on license agreements with publishers who in turn license to vendors, who in turn, license to libraries.  Hardly sustainable when files can and do disappear when either the publisher or the vendor no longer offer them.

Libraries rely on the right of first sale to lend print books, and need an analogous right in the world of ebooks and digital music. To that end, the American Library Association, the Association of College and Research Libraries, the Association of Research Libraries and the Internet Archive filed a brief on Feb. 14, 2017 in support of Redigi, a company that sells used mp3 files to music customers.  The brief argues that an evaluation of Fair Use should consider the rationale of the First Sale doctrine, and other specific exceptions. It argues that enabling the transfer of the right of possession should be favored under Fair Use.

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The content in this post was found at http://fairuse.stanford.edu/2017/02/19/future-libraries-need-first-sale-ebooks/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Oracle refuses to accept pro-Google “fair use” verdict in API battle

14 02 2017
Google successfully made its case to a jury last year that its use of Java APIs in Android was “fair use.” A San Francisco federal jury rejected Oracle’s claim that the mobile system infringed Oracle’s copyrights.

But Oracle isn’t backing down. Late Friday, the company appealed the high-profile verdict to a federal appeals court.

This is the latest stage of a seemingly never-ending legal battle over intellectual property that began in 2010. The conflict has meandered through two federal trials, in addition to multiple trips to the appellate courts and to the Supreme Court.

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The content in this post was found at https://arstechnica.com/tech-policy/2017/02/oracle-refuses-to-accept-pro-google-fair-use-verdict-in-api-battle/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Creative Commons licenses under scrutiny—what does “noncommercial” mean?

7 02 2017
By all accounts, Great Minds is an educational stalwart that has developed K-12 curriculum used by schools across the US. The materials developed from the Washington, DC-based nonprofit hold US copyrights but are made publicly available under a Creative Commons (CC) license, which theoretically allows them to be freely shared and reproduced for noncommercial uses as long as the original source is credited. That CC license is known as BY-NC-SA 4.0.

But it seems that Great Minds can’t make up its mind on whether it truly wants its materials to be a part of free culture. Or, in the alternative, it’s reading the CC license a little too literally. That’s because it’s suing Federal Express, claiming the Texas-based delivery and copying company is reproducing its materials for teachers and schools without paying royalties to Great Minds. The educational company says that because FedEx is making a profit from reproducing the materials, it’s violating the CC license. That’s according to a federal lawsuit (PDF) the company has lodged against FedEx.

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The content in this post was found at https://arstechnica.com/tech-policy/2016/09/creative-commons-licenses-under-scrutiny-what-does-noncommercial-mean/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.