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
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
11
02
2013
Two months ago, an artist named Christopher Boffoli sued Twitter for copyright infringement because, he said, the company refused to take down copies of his artwork uploaded to Twitter by its users.
Under the Digital Millennium Copyright Act, sites like Twitter are granted a “safe harbor” against prosecution as long as they take copyrighted content down when they are notified of its existence. Boffoli, who made a popular series of photographs of miniature figures posed on and near food, sent Twitter numerous requests to take his artwork off the site, and many of them were ignored.
But suddenly, the pictures have been removed, with messages stating “This image has been removed in response to a report from the copyright holder.” And Boffoli has withdrawn his lawsuit, saying the case has been resolved to his satisfaction.
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The content in this post was found at http://arstechnica.com/tech-policy/2012/11/artist-who-sued-twitter-over-copyright-declares-victory-via-settlement/ 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
11
02
2013
Twitter announced a change in the way that it processes tweets that are alleged to infringe copyright under the Digital Millennium Copyright Act.
Rather than remove them outright, the company’s legal policy manager Jeremy Kessel wrote early Saturday morning that the company will “withhold” offending tweets.
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The content in this post was found at http://arstechnica.com/tech-policy/2012/11/twitter-to-withhold-not-delete-infringing-tweets-under-dmca/ 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
28
01
2013
The YouTube “dancing baby” takedown case, made Internet-famous by lawyers at the Electronic Frontier Foundation back in 2007, looks like it will actually go to a jury about six years after it was filed.
US District Judge Jeremy Fogel ruled today [PDF] that neither Universal Music Group, which asked for this video of a dancing toddler to be taken off YouTube, nor EFF, which represented the child’s mother, will win their case on summary judgment. Today’s order, which responds to issues raised at an October hearing, means the case will have to proceed to a jury trial if there’s no settlement.
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The content in this post was found at http://arstechnica.com/tech-policy/2013/01/six-year-old-dancing-baby-lawsuit-set-for-jury-trial/ 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, Fair Use
