One Is Not Enough, How Many Is Too Many? How Many Countries’ Copyright Laws Should and Actually Do Apply to Copyright Infringements on the Internet? (Guest Blog Post)

1 02 2015

By  Marketa Trimble

By now, activities on the internet should have generated a very large number of cases in which copyright owners claimed simultaneous infringements of their copyrights in multiple countries – claims based on the copyright laws of each of those countries. After all, absent geoblocking of content in certain jurisdictions, internet users have access to content worldwide; if the content infringes some copyright owner’s copyright, the content potentially infringes that copyright everywhere – or at least in a large number of countries.

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A Global IP System at the Crossroads

20 01 2015

Editorial Note from IP watchdog: Below are the prepared remarks for a speech given by Wayne Sobon to the World IP Forum in Delhi, India, on January 11, 2015.

The challenges to the global IP system, however, go much, much deeper than mere debates over so-called patent trolls or patent quality. The very premises of our intellectual property laws — the economic value of the intellectual property system itself — are now in deep dispute, not only in the U.S. but worldwide. Indeed, global anti-IP sentiment seems to be at its highest level since the late 1860s, when opponents of intellectual property rights succeeded — for a time, at least — in abolishing or weakening the patent systems of several nations around the world.

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The content in this post was found at http://www.ipwatchdog.com/2015/01/19/a-global-ip-system-at-the-crossroads/id=53785/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



No Personal Jurisdiction Over Nasty Facebook Post–Burdick v. Superior Court

17 01 2015

I think this week’s ruling in Burdick v. Superior Court could be a pretty big deal. First, the ruling governs the growing number of cases where social media users get ranty. Second, the case holding is exceptionally clear; and it does a good job summarizing and distilling a fairly large body of murky precedent. Third, California appellate panels rarely publish their ruling, so a published opinion like this one will get many future citations. With all of these plus factors, I’m taking one for the team and blogging an Internet jurisdiction case anyway.

The dispute involved a skin care product called NeriumAD. Some folks bashed NeriumAD online, so Nerium folks bashed the bashers. A person associated with Nerium, Burdick, made the following Facebook post about the initial bashers:

 

Case citation: Burdick v. Superior Court, 2015 WL 182297 (Cal. App. Ct. Jan. 14, 2015)

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The content in this post was found at http://blog.ericgoldman.org/archives/2015/01/no-personal-jurisdiction-over-nasty-facebook-post-burdick-v-superior-court.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Warrant for raid on Kim Dotcom legal, New Zealand Supreme Court rules

24 12 2014

New Zealand’s Supreme Court ruled on Tuesday (PDF) that warrants granted by the Court of Aukland in 2012 to search Kim Dotcom were legal. Warrants to search Dotcom compatriots Finn Batato, Mathias Ortmann, and Bram van der Kolk were also upheld. Dotcom et. al were ordered to pay NZ$35,000 (about US$27,000) to New Zealand’s Attorney General for legal costs.

In 2012, the United States federal government accused Dotcom of racketeering, copyright infringement, and money laundering in connection with his website Megaupload, which the US contends encouraged people to share pirated copies of music and movies.

The thrust of Dotcom’s argument against the search warrants was that they were overly broad and “authorized search and seizure of material likely to include that which was irrelevant and private.” In 2012, Ars reported that ”New Zealand police cut their way through locks and into Dotcom’s ‘panic room,’ seized 18 luxury vehicles, secured NZ$11 million in cash from his bank accounts, and grabbed 150TB of data from 135 of Dotcom’s digital devices.” The United States had requested the search warrants under the Mutual Assistance in Criminal Matters Act.

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The content in this post was found at http://arstechnica.com/tech-policy/2014/12/warrant-for-raid-on-kim-dotcom-legal-new-zealand-supreme-court-rules/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Record labels say ‘Russian Facebook’ is a haven for music piracy

17 12 2014
Three major music labels—Sony Music Russia, Universal Music Russia, and Warner Music UK, subsidiaries of the “Big Three” music labels—have each separately filed copyright suits on Thursday against vKontakte (VK), the so-called “Russian Facebook.”

The suits, filed in Saint Petersburg and Leningrasky Region Arbitration Court, charged that vKontacke has created an unlicensed music service involving a large catalogue of copyright-infringing music. The labels claim that the social networking site (which boasts 143 million registered users globally, 88 million of whom are based in Russia) has deliberately promoted “large-scale piracy” on its website, according to The Guardian.

The record companies, which focus on a sampling of artists’ work in their suits, seek court orders to remove the infringing material and to require VK to implement content identification and removal measures like audio fingerprinting to prevent unauthorized uploading of infringing materials. The labels are demanding damages of as much as $1.4 million.

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The content in this post was found at http://arstechnica.com/tech-policy/2014/04/record-labels-say-russian-facebook-is-a-haven-for-music-piracy/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.