3 Count: Forever Plaid

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Apple iOS 4.1 Jailbreak Reportedly Discovered

First off today, ever since jailbreaking cell phones was allowed following a recent decision by the U.S. Copyright Office, many have wondered if and how Apple, which has been a strong opponent of users jailbreaking iPhones and argued against the change, would respond. They responded by releasing version 4.1 of their iOS mobile operating system, which closed holes used to jailbreak earlier versions though the creators of the hacks have said they have found a way to get around those locks and the new exploit is not so easily closed. This comes after an earlier exploit could unlock an iPhone over the Web, a hole that was closed in iOS 4.0.1.

2: “Copyright Troll” Righthaven Passes Early Federal Court Test

Next up today, Righthaven, which has sued bloggers for allegedly violating the copyright of content created by the Las Vegas Review-Journal, has passed two challenges to its litigation campaign. A judge in Nevada ruled that the court had jurisdiction over the matter as the defendant, a Texas law firm called “The Dr. Shezad Malik Law Firm”, purposefully availed itself to the jurisdiction of the court by willfully infringing on the rights of a Nevada paper. Also, the court found that Righthaven did have standing to bring its claim, even though it acquired the rights in the work after the infringement took place. These were two of the major claims made by defendants in the Righthaven suits, which now number approximatley 120.

3: Forever 21 v. Express Decision Illustrates Copyright, Trade Dress Challenges

Finally today, Forever 21 has won its dispute with Express which saw the latter sue Forever 21 for copyright and trade dress issues saying that four pairs of men’s plaid pants were infringing their rights. The judge ruled that Express failed to illustrate that the items had copyright protection and that any infringement had taken place, setting the bar very high for raising such claims in apparel cases.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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