It is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.

With Patrick on the road and unable to record last week, we have a lot of catching up to do as there’s two week’s worth of news to get through in just one hour. However, the biggest stories all came from the most recent week including the closure of BTJunkie and “used” music reseller Redigi living to fight another day. However, we also get caught up on the ongoing stories such as the ACTA protests and the Oracle/SAP lawsuit just to name two.

It’s definitely an episode you don’t want to miss, especially if you like Coca Cola (long story).

This week’s stories include:

• BTJunkie Voluntarily Closes
• “Used” Music Seller Redigi Fights On, Avoids Injunction
• After Protests, Three Countries Put ACTA Ratification on Hold
• Oracle Seeks New Trial in Lawsuit Against SAP
• Pirate Bay Sentences are Final, Supreme Court Denies Appeal
• Much, Much More!

You can download the MP3 file here (direct download). Those interested in subscribing to the show can do so via this feed.

Show Notes

About the Hosts

Jonathan Bailey

Jonathan Bailey (@plagiarismtoday) is the Webmaster and author of Plagiarism Today (Hint: You’re there now) and works as a copyright and plagiarism consultant. Though not an attorney, he has resolved over 700 cases of plagiarism involving his own work and has helped countless others protect their work and develop strategies for making their content work as hard as possible toward their goals.

Patrick O’Keefe

Patrick O’Keefe (@iFroggy) is the owner of the iFroggy Network, a network of websites covering various interests. He’s the author of the book “Managing Online Forums,” a practical guide to managing online communities and social spaces. He maintains a blog about online community management at ManagingCommunities.com and a personal blog at patrickokeefe.com.

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

1: Mobile Broadcast Ruling Prompts ALP to Consider Copyright Changes

First off today, in Australia the country’s Prime Minister, Julia Gillard, has vowed to “urgently consider” changes to the country’s copyright following a recent high court win by the mobile carrier Optus. Optus was sued by various sports leagues and competitor Telstra over its DVR service that allows users to stream TV to their phone within minutes of it being recorded. The verdict calls into question millions of dollars in licensing paid by Telstra to the leagues for the sole rights to stream matches via mobile devices. The move has caused legislators on both sides to seek changes to the law to protect mobile streaming rights, though opposition leaders seem to feel that any legislation should be extremely narrowly-focused.

2: New MEP Appointed to Head up ACTA Dossier

Next up today, British Labour MEP David Martin has been called to serve as the European Parliament’s rapporteur for the upcoming report on the Anti-Counterfeiting Trade Agreement (ACTA). The agreement, which was signed by the EU, US, Japan and over 20 nations, seeks to harmonize enforcement on copyright and other intellectual property matters. However, the treaty has been the subject of massive protests in the past weeks, prompting three nations in the EU to put on hold their internal ratification process. Martin replaces French Socialist Kader Arif, who resigned last week after blasting how the treaty was negotiated and handled.

3: Silicon Roundabout Asks For Copyright Overhaul

Finally today, the UK’s equivalent of Silicon Valley has sent an open letter to it’s government asking for broad copyright reform. The letter, which was signed by Computing Society (BCS), Coadec (The Coalition for a Digital Economy), TechHub, Bootlaw and the BIMA asks for adoption of various proposed reforms including enabling format shifting, enabling the licensing of orphan works, working with the European Commission to craft cross-border licensing schemes and more. The letter follows on the heels of the Hargreaves Report, which made many of the same recommendations.

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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

1: Oracle Seeks New Trial in Suit Against SAP, According to Court Filing

First off today, Oracle, which is suing competitor SAP over alleged infringement by SAP’s TomorrowNow division, is now seeking a new trial rather than taking the reduced damages of $272 million from the first trial. In that first trial, the jury awarded Oracle $1.3 billion in damages, the largest award in a copyright lawsuit, but the judge quickly reduced the damages by over $1 billion citing a lack of evidence. Rather than accepting the reduced judgment, Oracle is now seeking a second trial and what it calls “clarification” on the law. SAP has admitted to the infringement but disputes the amount of damages it owes.

2: Central Europe Backs Out of Copyright Deal After Protests

Next up today, three central European countries have announced that they are putting ratification of the controversial Anti-Counterfeiting Trade Agreement (ACTA) on hold. Those countries include Poland, the Czech Republic and Slovakia, all of which saw anti-ACTA protests following its signing a few weeks ago. The treaty, which is an attempt to harmonize copyright, trademark and patent enforcement across all countries, was signed by most of the EU though some countries are delaying ratification due to public outcry against the treaty.

3: Judge Denies Initial Effort To Shut Down 'Used' Digital Music Seller ReDigi

Finally today, ReDigi, a startup that sells “used” digital tracks has won an early round in its case against Capitol Records, which sued the company for copyright infringement. However, the judge in the case, in denying Capitol Records’ earliest attempts at an injunction against ReDigi, has decided that there is a great deal at stake with this case and is wanting to hear more arguments before making any decisions. The judge had previously blocked Google’s attempts to file briefs in the case but may have taken some of the issues raised by Google to heart. The case now moves forward, possibly to a full trial.

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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

1: Polish Premier Stops Ratification of Internet Anti-Piracy Treaty

First off today, Poland has announced that it is delaying ratification of the controversial Anti-Counterfeiting Trade Agreement (ACTA) for at least one year to give the government more time to get public input and to analyze the treaty for any potential human rights issue. The country signed the agreement last week amid widespread protests but is now delaying Parliamentary approval. The treaty, which is primarily aimed at patent and trademark issues, also deals with copyright and is an attempt to harmonize enforcement between the 31 countries involved. However, the agreement has come under fire both for fears that it goes too far with enforcement and the secrecy with which it was negotiated.

2: Is Pornography Copyrightable?

Next up today, Liuxia Wong was sued by pornography company Hard Drive for allegedly downloading and sharing one of the company’s movies via Bittorrent. Wong is fighting the lawsuit and, in part, using a novel theory that pornography itself is not copyrightable as it is not a science or a “useful art” as per the Constitution. Though the argument is a long shot, Wong’s arguments also raise questions about how Hard Drive’s lawsuit was filed, actions not taken by the company to mitigate losses (such as sending DMCA notices) and the nature of its evidence against her.

3: Colleges Crack Down on Selling, Sharing Notes

Finally today, in California several colleges are cracking down on students that sell classroom notes, including taking disciplinary action against students who offer their notes for sale online and sending cease and desist letters to larger sites specializing in buying/selling notes. However, the crackdown has led to questions as to who holds the copyright in the notes, the professor who gives the lecture or the students taking the notes? Generally, it is though to be the students who hold the rights, making these actions dubious legally, but various state laws in California aim to make the practice illegal. Many of the larger sites have already stopped taking notes from the schools that complained, citing academic honesty policies.

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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

1: Beyond ACTA: Next Secret Copyright Agreement Negotiated This Week—in Hollywood

First off today, even as the Anti-Counterfeiting Trade Agreement (ACTA) is in the process of being signed and ratified by participating countries, the next potential big copyright-related treaty is already being discussed. The Trans-Pacific Partnership (TPP) is a regional trade agreement that involves copyright issues though it is difficult to say what is in it as the negotiations, which are going on right now in Hollywood, are being held in secret. Various public interest groups have attempted to participate in the negotiations but, so far bave been denied access and even key information about the negotiations. The negotiations come as ACTA is drawing more controversy globally, including threats from some nations to not ratify the agreement.

2: Optus Wins Landmark Sports Broadcast Case

Next up today, in Australia, local mobile phone service provider Optus has won the first round of its case against the National Rugby League, the Australian Football League and competing provider Telstra. At issue is Optus’ “Optus Now” service that lets users record and stream recorded TV to their mobile devices, as quickly as two minutes after the recording took place. The leagues fear that subscribers will use the service to stream their matches, which they gave exclusive streaming rights to Telstra. The lower court judge, however, ruled that since it was the users doing the recording, the use was not an infringement. However, the AFL, NRL and Telstra have all planned to appeal the suit and there are rumors that new legislation could be in the works to address this issue.

3: Copyright: To the Batmobile!

Finally today, a judge has sided with DC Comics in not throwing out their lawsuit against the maker of a car kit that’s designed to recreate the classic Batmobile. The lawsuit, which was filed against Mark Towle, who is the operator of a company named Gotham Garage that sells the kits, claimed that the kits were a violation of copyright law but Towle claimed that, since it was a car and a useful article, that it didn’t qualify for protection. However, the judge ruled that the Batmobile design had elements that were independent from its nature as a useful article and those elements could qualify for copyright protection. Though the decision doesn’t mean DC wins the lawsuit, it does mean that Towle is faced with a tough choice of either settling the case or litigating an expensive copyright case.

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

It is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.

This week Patrick is reporting to us from the road and, due to a slow Internet connection, we couldn’t do the chat in front our live chat audience. However, it’s a good thing Patrick made time out of his busy travel schedule to talk because with this much copyright news, there’s no way we could have done two week’s worth next time!

This week we talk about the closure of Megaupload and the shakeup its caused in the cyberlocker scene. SOPA and PIPA are formally shelved following a wave of online protests and a similar group of protests fail to stop Poland and other EU countries from signing ACTA.

In short, it’s an action-packed week of copyright news that you don’t want to miss!

This week’s stories include:

• FBI Closes Megaupload, 7 Arrested including Founder/CEO Kim Dotcom
• Cyberlockers Scramble to Avoid Being Next
• Anonymous Launches Attacks Against Government and Copyright Holder Sites
• SOPA and PIPA Shelved Following Protests
• Poland, Others Sign ACTA Despite Protests and DDOS Attacks
• Mein Kampf Publication Put on Hold

You can download the MP3 file here (direct download). Those interested in subscribing to the show can do so via this feed.

Show Notes

About the Hosts

Jonathan Bailey

Jonathan Bailey (@plagiarismtoday) is the Webmaster and author of Plagiarism Today (Hint: You’re there now) and works as a copyright and plagiarism consultant. Though not an attorney, he has resolved over 700 cases of plagiarism involving his own work and has helped countless others protect their work and develop strategies for making their content work as hard as possible toward their goals.

Patrick O’Keefe

Patrick O’Keefe (@iFroggy) is the owner of the iFroggy Network, a network of websites covering various interests. He’s the author of the book “Managing Online Forums,” a practical guide to managing online communities and social spaces. He maintains a blog about online community management at ManagingCommunities.com and a personal blog at patrickokeefe.com.

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

1: Poland Signs International Copyright Treaty That Has Sparked Days of Protests

First off today, Poland, along with a series of other EU countries including Finland, France, Ireland, Italy, Portugal, Romania and Greece, signed the controversial Anti-Counterfeiting Trade Agreement (ACTA) despite protests in many of the countries. The agreement seeks to harmonize piracy and counterfeit enforcement between various countries and has been previously signed by the United States, Japan, Australia and New Zealand. The protests have been particularly strong in Poland where thousands took to the streets in protests and denial of service attacks shuttered many of the country’s key government sites.

2: Copyright & ‘Piracy’ Measure Published

Next up today, Ireland has introduced its new anti-piracy legislation which is aimed at enabling copyright holders to more strongly enforce their rights against foreign sites. This is done through a legal regime that allows rightsholders to get courts to order ISPs in the country to block access to certain infringing sites. However, the similarities between it and the Stop Online Piracy Act in the U.S., which was recently shelved, has earned it the name “Ireland’s SOPA” and helped spark protests. However, ministers in Ireland say that the law is required by a set of EU directives and that the checks and balances in the law are different than SOPA. Furthermore, according to Ireland, other nations have implemented the same directives without issue.

3: Jailbreaking Exemption to DMCA is About to Expire, EFF Would Rather it Didn’t

Finally today, the exemptions to the DMCA to enable users to jailbreak their phones may expire shortly. Under the DMCA, the breaking of DRM and copyright protection schemes is generally prohibited save under exemptions approved by the U.S. Copyright Office. As part of the U.S. Copyright Office’s anti-circumvention rule making, which takes place every three years, the exemption may expire shortly. However, the Electronic Frontier Foundation and other groups are making a concerted push to both extend and expand the exemption, which they see as valuable for consumer rights.

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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

1: Poland Set to Sign Copyright Treaty, Despite Protests

First off today, Poland has announced that it plans to go ahead with its schedule signing of the Anti-Counterfeiting Trade Agreement (ACTA) despite protests and even denial of service attacks against many of its key government sites. The treaty, which primarily targets counterfeit goods but also deals with some copyright issues, is designed to harmonize criminal and civil enfrocement across signing countries. According to government representatives, the treaty does not require any changes in existing Polish law and, as such, there is no reason to delay signing past Thursday’s planned ceremony. Anonymous, who is behind many of the attacks, has threatened to release government documents if the treaty is signed.

2: ‘Agneepath’ in copyright tussle!

Next up today, in India, the upcoming release of the movie Agneepath may be moving forward without one of its most-anticipated songs. A lawsuit filed by Aditya Salankar claims that the song “Oh Saiyya” is a direct copy of a song he composed and is seeking to halt the use of the song in the film as well as additional damages. The movie, which is a remake of a popular Hindi film from 1990, has been widely anticipated in the country.

3: Supreme Court Decision on Copyright May Not Injure Major Opera Companies, Symphonies

Finally today, according to a report on a St. Louis-area opera company, the recent Supreme Court ruling in the case Golan v. Holder will not have a drastic impact on opera and symphony performances. The case found that Congress acted constitutionally when it passed the Uruguay Round Agreement Act and re-copyrighted a series of works previously in the public domain. The case was brought by a group of librarians, performers and others who depended on public domain works for their living. However, according to at least one opera house, the difference the ruling will cause will, most likely, add some costs but “not substantially” adding that they have never chosen which opera to perform based on whether royalties are owed or not.

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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

1: Cyberlocker Ecosystem Shocked As Big Players Take Drastic Action

First off today, following the closure of cyberlocker service Megaupload and the arrest of seven people involved with the compay, including the company’s founder Kim Dotcom, similar sites seem to be taking drastic action to avoid similar attention. Filesonic and Fileserve, two of the largest sites in the field, have shut down both its referral program and ended all file sharing, making files only available to the people who uploaded them. Uploaded.to has blocked all U.S.-based IP addresses and both VideoBB and VideoZer have ended their referral program (among many others). At least one service, x7.to has shut down completely and the shock waves are still continuing to be felt as more and more services change their operation in light of the arrest. The move has left many forum sites and file sharing communities scrambling to find replacements for thousands of links no longer accessible.

2: Polish Government Debates Stance on Copyright Treaty After Internet Attacks

Next up today, in Poland a series of denial-of-service attacks against key Polish government websites has caused the government to debate its stance on the Anti-Counterfeiting Trade Agreement (ACTA) that it was slated to sign later this week. The agreement, which focuses primarily on counterfeit goods but also includes copyright elements, works to harmonize criminal and civil enforcement between signatory countries. However, many feel that the agreement is too far overreaching and threatens freedom online and off. At least one opposition party is calling for a delay in signing the treaty pending greater public input. The United States and, Australia, Japan and other nations have already signed.

3: Anti-Piracy Victory: NinjaVideo Founder Sentenced to 14 Months in Prison

Finally today, a second administrator for the site NinjaVideo has been sentenced. Matthew David Howard Smith, one of the co-founders of the site, was sentenced to 14 months in Federal prison. Fellow co-founder Hana Amal Beshara was sentenced to 22 months on Jan. 6. NinjaVideo rose to prominence for hosting links and helping users seek out infringing content but the site was shuttered in 2010 by the Department of Justice and most of its administrators were arrested in September of 2011. All of those who have been arrested have pleaded guilty and two more still await sentencing..

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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

1: Wyden Questions Legality Of ACTA

First off today, Senator Ron Wyden, a Democrat from Oregon and the chair of the Senate Finance Committee’s International Trade Subcommittee, is questioning the legality of ACTA treaty. Specifically of interest to Wyden is that the treaty was signed as a “sole executive agreement”, meaning that it doesn’t change U.S. law and does not need Congressional approval. However, according to Wyden, even if the treaty does not change U.S. law, copyright is under the purview of Congress in the constitution, meaning that the treaty can’t be entered into without Congressional approval. The treaty is an attempt to harmonize anti-piracy efforts between many countries including U.S., Japan, Australia and the EU, the latter of which has not signed the treaty as of yet but was involved in the negotiations.

2: Massive Fine in Denmark’s First Ever ‘Sampling’ Copyright Case

Next up today, the elctro band Djuma Soundsystem is in some legal hot water as a court in their native Denmark ruled the group owes 747,182.82 kroner (approx $130,000) for their sampling of a ten second loop. The lawsuit stems from the group’s 2003 song “Les Djinns” which looped a ten second clip from a song entitled “Turkish Showbiz’ by Atilla Engin. The group lied to their label and said there were no samples in the song, which was released and sold 150 copies. However, when the band wanted to re-release the track after switching labels, they tried to clear the sample but, after attempts to work out an agreement failed, the band was sued, prompting this recent judgment. Djuma Soundsystem has said they plan to appeal the verdict, admitting they owe money to the rightsholders but believe the verdict is much too high.

3: Undercover Cops and Politicians Escape BitTorrent Lawsuits

Finally today, a filing by an attorney seeking to push through a massive bittorrent lawsuit on behalf of an adult content provider has filed a pleading that sheds light on how IP addresses are converted into settlements or individual lawsuits. The filing, which aims to show why it’s legal and necessary to bundle so many “John Doe” lawsuits into one suit. According to the filing, many of the individuals are dropped from the suit including undercover police, those who have died, prominent figures and those operating public hotspots where finding an individual defendant is almost impossible. However, it remains unlikely that these arguments will have much sway in the case, as they aren’t necessarily legal arguments for joining together so many lawsuits.

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.

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.