21
03
2013
A federal appeals court has rejected a major record label’s effort to undermine the legal safe harbor provided to user-generated content sites by the Digital Millennium Copyright Act. Under that 1998 legislation, sites like YouTube and Flickr are immune from copyright liability as long as they promptly respond to takedown requests by copyright holders. The safe harbor has become a foundation of the Internet economy, allowing entrepreneurs to build new user-generated content sites without worrying about being held responsible for their users’ infringing uploads.
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The content in this post was found at http://arstechnica.com/tech-policy/2013/03/appeals-court-rejects-record-labels-effort-to-neuter-dmca-safe-harbor/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
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Categories : Copyright, Copyright Safe Harbor
7
03
2013
The legality of unlocking one’s cell phone to run on any network has flipped back and forth in the past several years. It was deemed illegal under the Digital Millennium Copyright Act—then it was made legal by the Library of Congress in an exception to the DMCA passed in 2006. The Library chose not to renew the exemption in 2012, however, and it expired in January of this year. That inspired a
petition to the White House, which a few weeks ago passed the 100,000 signature mark. The White House then promised to respond.Today the White House posted its response to the petition. The administration opposes the Library of Congress’ position, and it called for legislation to make consumers’ freedom to unlock their phones crystal clear.
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The content in this post was found at http://arstechnica.com/tech-policy/2013/03/white-house-calls-for-cell-phone-unlocking-ban-to-be-overturned/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
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Categories : Copyright, DMCA
7
03
2013
Supporters of copyright reform are hoping that 2013 is the year they get some real momentum going. In the wake of Monday’s news that the White House and FCC now support consumers’ rights to unlock their cell phones, a new coalition called has launched an effort to repeal the section of the Digital Millennium Copyright Act that forbids breaking “digital locks.”
The group has a website called FixTheDMCA.org, which lays out the problem in a simple, graphical way, and provides tools for people to contact their Congressional representatives. The group’s goal is to build support for a repeal of section 1201 of the DMCA, the so-called “anti-circumvention” clause.
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The content in this post was found at http://arstechnica.com/tech-policy/2013/03/copyright-reformers-launch-attack-on-dmcas-digital-locks-rule/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
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Categories : Copyright, DMCA, General IP Legislation Processes
19
02
2013
By Eric Goldman
Xcentric Ventures, LLC v. Mediolex Ltd., 2012 WL 5269403 (D. Ariz. October 24, 2012). The initial complaint.
This is a long-running and ill-advised lawsuit by Ripoff Report against ComplaintsBoard for allegedly infringing Ripoff Report’s purported copyright in its users’ reviews. Ripoff Report argued that ComplaintsBoard “encouraged and permitted” users to repost infringing reviews from Ripoff Report. This allegation doesn’t survive a motion to dismiss. Ripoff Report asserted that when it would create fictitious companies and reviews, ComplaintsBoard would create a parallel company listing and encouraged its users to review of the fictitious company. The court says that’s not enough to constitute contributory infringement or the requisite supervisory power to constitute vicarious copyright infringement.
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The content in this post was found at http://blog.ericgoldman.org/archives/2012/10/consumer_review_4.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
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Categories : Copyright, Copyright Safe Harbor, DMCA
19
02
2013
By Jake McGowan
Dish Network L.L.C., et al, v. World Cable Inc., 11-CV-5219 (E.D.N.Y. 2012)
In the hopes of ratcheting up damages, plaintiffs often try to assert any possible claim in their arsenal. In the realm of copyright law, this may involve asserting DMCA claims against the dirty, rotten infringers, even though the alleged infringement might not fall within the statutory boundaries.
A district court in New York encountered such a situation in DISH Network v. World Cable Inc., where it ultimately slapped down the satellite TV provider’s DMCA claim for failure to prove that World Cable “circumvented” a technological measure within the meaning of the Act.
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The content in this post was found at http://blog.ericgoldman.org/archives/2012/10/overreaching_an.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
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Categories : Copyright, DMCA
