The problem is fairly simple. Amazon, through its Kindle Direct Publishing program, makes it easy for authors and small publishers to upload works for sale on the Kindle platform. However, as with any other self-publishing platform, the system has become a target for abuse by plagiarists and others wanting to turn a quick buck selling the creators of others.

In Penenburg’s article, for example, one of the authors had 19 ebooks that were entirely stolen, often from free sites such as Literotica. Though Amazon removes infringing/plagiarized content when notified, the process is generally very slow and, since there’s no punishment for plagiarizing authors, many just set up shop again and re-upload the same works under different titles.

The cycle repeats itself and little changes. However, this isn’t exactly a new problem for Amazon. Copyright blunders have been a major part of the Kindle’s growth. Back in 2009, Amazon introduced a means for bloggers to sell Kindle versions of their site and forgot to put any checks to make sure it was the site owner doing the selling.

This also isn’t a new issue for the larger self-publishing industry. Back in 2005, in what was one of the first articles on Plagiarism Today, I took a look at self publisher Lulu and it’s practices with plagiarism. In 2007, I re-visited self publishers and rated their DMCA policies. Though Amazon wasn’t involved in that comparison, CreateSpace, an Amazon subsidiary was and received a B-.

But exactly how much is Amazon to blame for its plagiarism problems? In my view, quite a good deal and, simply put, the situation isn’t going to improve without a lot of work from Amazon to make things better.

My Amazon Problem

Of all of the sites I work with regularly, Amazon is easily one of the worst. The response times to DMCA notices are slow, they throw up artificial roadblocks to filing them (until recently, they didn’t even post their DMCA contact email on their site) and generally not responding at all to some claims until the second or third try.

In my experience, cyberlocker sites, web hosts and even Google are much easier to work with and bring about an effective response in a much more timely manner.

In 2005, Amazon fought hard and won DMCA protection over its services. Since then, for the most part, Amazon has done the bare minimum to maintain that protection and has done little to help keep its products clean. Even as Ebay was pioneering IP enforcement with its Verified Rights Owners (VeRO) program, Amazon has, for the most part, done as little as it can to get by.

The problem is that this isn’t just an intellectual property issue for Amazon, it’s a customer one as well. Going back to Penenburg’s article, if a buyer purchased “Dracula’s Amazing Adventure” only to find out that it was really just a plagiarized version of “Dracula” by Bram Stoker, which is in the public domain and available for free on the Kindle, how is the buyer likely to react?

Amazon, a company that usually earns high marks for customer service, is putting its Kindle customers at risk of being scammed by plagiarists by not taking this situation more seriously and doing more to stop it.

Even worse, Amazon is risking tarnishing its entire brand, especially of its Kindle line, byt not doing more to stop plagiarism and keep infringing authors out.

What Should Amazon Be Doing

Even if the law doesn’t say so, ethically, when you’re selling and earning revenue from works being uploaded through your service, you have a higher degree of responsibility than a regular web host. This is not just for the authors who might be victimized, but for the customers putting down money on a product and the legitimate authors who are using your system in the intended manner.

In Penenburg’s article, ideas were kicked around such as passing all uploaded books through a plagiarism checker, such as iThenticate, and having new mambers of the program register a credit card both for identification purposes and to issue a financial penalty if plagiarism is discovered.

While these ideas are great, the main thing that has to happen is that Amazon has to get tough with its own policies and take these issues seriously. While all self-publishers have issues with plagiarism to some degree, taking the matter seriously, investigating cases thoroughly and removing works quickly are a good first step. Couple that with a plagiarism policy that has teeth, such as requiring plagiarists to repay revenue received, would help a lot to discourage this kind of abuse.

However, that’s going to require that Amazon change its overall position on copyright matters and shift from being a company that does only what’s required or convient to one that is proactive and forward-thinking on these issues.

I don’t see that happening on Amazon, though I’m hoping that this recent round of bad press gets them thinking more about these issues.

Bottom Line

To be clear, I think that Amazon is, despite this, an overall positive for content creators. Not only does it help creators earn money, bypass middle men and get a worldwide audience almost instantly, it’s done so while, mostly, being fair to creators.

Likewise, it’s also my belief that the number of actual plagiarists posting to Amazon is small. It’s just that, due to how easy it is to post a plagiarized book, they tend to be more prolific and can take up a larger share of the “noise’ then they should.

Despite this, there’s definitely room for improvement and this is one of those areas. Both for the sake of authors and buyers, Amazon needs to look long and hard at this plagiarism problem and come up with real solutions to them.

Because, while they’ll never be able to completely eliminate plagiarism, counterfeit or otherwise false offerings on its services, it can definitely do more to reduce them drastically. That will help make the experience better for everyone and, in the long run, help make the market better and earn everyone more money.

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

1: Government Reintroduces Copyright Legislation

First off today, Canada’s Industry Minister, Christian Paradis, has re-introduced controversial copyright legislation that will, if passed, add DMCA-like protections against the circumvention of digital locks. The law also legalizes certain forms of format-shifting, such as recording a TV show, that are currently outlawed. The legislation is widely expected to pass now that conservatives hold a majority in the House of Commons.

2: Is Amazon’s Silk browser a copyright pirate?

Next up today, Amazon yesterday introduced its new “Kindle Fire” tablet, which comes with a new mobile browser named “Silk”. The browser uses backend caching by Amazon’s cloud network in order to speed up mobile browsing though many are wondering if Amazon’s caching of copyrighted content in this manner could violate copyright law. Most caching is deemed to be legal but some fear Amazon’s system goes a bit too far beyond the norm, especially with its predictive page loading technology, which anticipates your next page click an pre-loads the content.

3: Mac Software Limits Don’t Violate Copyright

Finally today, Psystar, the apple clone maker that was sued by Apple back in 2009, lost its appeal to the 9th Circuit. Psystar had claimed that Apple was misusing copyright by limiting its license of OSX for use only on Apple products. However, the 9th Circuit ruled unanimously that no such misuse took place and that Apple had not attempted to stifle creativity or competition. The ruling affirms a permanent injunction barring Psystar from selling computers with OSX installed.

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: Amazon, Dropbox, Google and You Win in Cloud-Music Copyright Decision

First off today, music locker service MP3Tunes, though found liable for not complying with DMCA notices, has been handed a major win by a District Court and may be paving the way for Amazon, Google and others to launch more efficient cloud music services. In the ruling, the judge gave his approval on both the fingerprinting of audio tracks, which means that MP3Tunes needs only store one copy of a previously uploaded file, and the sideloading of audio tracks, meaning that users can load tracks from elsewhere on the Web. The ruling is a boost for Dropbox, which uses the same fingerprinting technology to save on file space and bandwidth, as well as other music locker services, such as Amazon and Google, that may want to use these features. However, EMI and the other publishers involved in the suit likely plan to appeal the ruling.

2: Oracle Wants Copyright Claims to Remain in Google Suit

Next up today, in its lawsuit against Google over the company’s use of JAVA in the Android operating system, Oracle has filed a objection to keep a copyright element of the suit intact. Google had previously sought dismissal of some of Oracle’s claims stating that API elements were not copyrightable. However, Oracle, in its objection, has asked for that to be resolved at trial saying that no court has ruled as such and that Google requires its partners to respect copyright in its own APIs. Google will have a chance to respond to the objection.

3: It’s Not Over Yet, Jammie Thomas: RIAA Appeals Damage Reduction

Finally today, in a widely expected move, the RIAA has appealed the most recent ruling in its case against alleged file sharer Jammie Thomas-Rasset. The lower court last month reduced the damages she would be ordered to pay from from $1.5 million to $54,000 however, the RIAA is specifically appealing whether Thomas-Rasset’s alleged sharing is “distribution” under the copyright act, which the lower court ruled it was not. This could set the stage for a third trial in the case, likely on the issue of damages alone (for the second time).

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 6 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: U.S. To Introduce Draconian Anti-Piracy Censorship Bill

First off today, the U.S. is gearing up to introduce new copyright legislation. Known as The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act), the bill is a revamped version of the COICA legislation, which failed to pass Congress last year. The bill would not only enable domain seizures, as with COICA, but would also enable the Department of Justice to order search engines and ISPs to block certain domains and order payment processors to stop the flow of money. The legislation, due to be introduced shortly, is bound to be controversial but it is unclear what the prospects for it are at this time.

2: It’s official: Google Unveils Cloud Music Player

Next up today, Google is following in Amazon’s footsteps and has launched a cloud music player of its own. Named Music Beta, Google’s new player will let you upload your music to the cloud and play it on a variety of devices, including Android phones. Google had been in negotiations with the record labels for well over a year but has decided to launch the player without their permission, also the same as Amazon. Initially Music Beta will be an invite-only product, similar to Gmail in its early days, and the first invites are expected to go out today.

3: Twitpic Says Sorry for Copyright Confusion

Finally today, Twitpic, the popular photo sharing service for Twitter, found itself in a copyright scrape as it modified its terms of service, briefly, that would have prevented uploaders from reselling or distributing the images they upload. TwitPic has since apologized for the change and has re-drafted its terms to “clarify” the issue. TwitPic’s terms are now more standard and in line with what other services use when ensuring they have the rights to display and host content online.

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 6 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: US offered NZ help on copyright: Wikileaks

First off today, a recently leaked diplomatic cable by Wikileaks revealed that the United States offered to help New Zealand write its recent copyright legislation, which has brought a “3 Strikes” system to the country. According to the cable, the U.S. offered help based on its 10-year history with implementing and enforcing the DMCA. This isn’t the first time the U.S. took interest in New Zealand copyright, in 2005 the U.S. government proposed to work with New Zealand on a joint task force to combat piracy.

2: Behind The Scenes: Record Label Demands From Amazon

Next up today, Michael Robertson, the founder of MP3.com a cyberlocker site being sued by the record labels, has given a behind-the-scenes look at the demands the record labels are trying to place on such lockers. Those demands include verifying purchase of uploaded MP3s via a receipt, limiting uploading to one computer and more. This look gives us a glimpse at what Amazon may well be dealing with as it faces a likely lawsuit from the record labels over its recently-launched Cloud Player service.

3: Is Netflix Reducing Illicit File Sharing? Depends on Which Stats You Believe

Finally today, a recent article in TorrentFreak kicked off a debate as to whether Bittorrent and other file sharing was being hurt by the rapid growth of Netflix. Ars Technica looked into the question, asking two different companies that track Internet traffic what their numbers were showing and got two very different answers. Arbor Network showed a steep drop-off in P2P activities over the past year, some of it likely also displaced by piracy on cyberlocker sites, but Sandvine showed a small increase in P2P over the last year along with an explosive increase in “Real Time Entertainment”, the category of traffic that includes Netflix. This shows how difficult it is to determine how much piracy is growing or shrinking, especially when other forms of piracy are thrown into the mix.

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 6 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.

It was a busy week for the Copyright 2.0 Show as Patrick and I struggle to get caught up after a week away. There was a lot of news to cover including new legislation in the U.S., New Zealand and the Netherlands, updates in court cases for both Limewire and the U.S. Copyright Group and a big “Come At Me Bro!” from Amazon over its Cloud Player.

All in all, it was an action-packed hour of copyright news that you don’t want to miss!

This week’s stories include:

• U.S. Looks Again to Pass Domain Seizure Legislation
• New Zealand Passes Three Strikes
• Netherlands Seek to Outlaw File Downloading
• Former RIAA Lobbyist Judge Backs Off Some on Her Sweeping Ruling
• RIAA Gets Its Damages Limited Against Limewire (somewhat)
• Amazon Challenges Record Labels on Cloud Player Licensing
• 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: Dutch Government To Outlaw File-Sharing and Block The Pirate Bay

First off today, the Dutch government is proposing a major copyright reform that will, among other things, make it illegal to download copyrighted works without permission. Currently under Dutch law, only the uploading of copyrighted works is unlawful but the proposed legislation would change that. Also changed would be the removal of copyright levies currently imposed on blank media such as CDs and DVDs to reimburse copyright holders for personal copying. The Dutch government has said that they won’t be targeting file sharers directly, but will be using the law to block “pirate” websites.

2: Judge to Copyright Troll: Your “Business Model” Isn’t My Problem

Next up today, Righthaven, who has been filing lawsuits on behalf of the Denver Post and the Las Vegas Review Journal against a variety of webmasters and site owners, has dropped its case against Brian Hill, which they had accused of using a photo of a TSA patdown taken by the Denver Post. The case was dropped after the judge, John Kane, chastised Righthaven for not taking any steps to limit damages, such as filing a takedown notice or a cease and desist letter, and accused the group of using the courts as a business rather than as enforcement of copyright. However, Hill’s attorney, David Kerr, has said that, while he’s glad for the dismissal, he is going to press on with the case saying there are still other issues that need to be resolved.

3: Amazon Letter To Labels: Cloud Drive Locker Has Boosted MP3 Sales

Finally today, Amazon has fired another shot across the bow of record labels over its cloud music service, not only reiterating that it feels it doesn’t need licenses to stream customer’s own music from the Web, but that the introduction of their Cloud Player has increased MP3 sales on their site. Though they didn’t provide any figures in their letter, they did reiterate that they were not looking to sign any licensing deals currently though they did say that future planned additions to the player may require licenses and they are in negotiations for those. Big thanks to @ifroggy for the link!

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 6 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: Rebecca Black Fighting Ark Music Factory over ‘Friday’

First off today, YouTube sensation Rebecca Black, best known for her meme-generating song “Friday”, is in a copyright squabble with Ark Music Factory, the company that she and her mother, Georgina Marquez Kelly, paid to produce the Friday song and video. According to Black’s family, Ark has not completed its obligations to them by not returning the master recordings and using the song in an unauthorized manner, including selling it on iTunes. Ark says that no such agreement exists and that they are within their rights to exploit the song. However, there also appears to be a very deep divide in the Ark camp itself as people seem to be saying different things, with some agreeing with Kelly and others casting doubt on the alleged terms of the agreement. At stake is possibly millions in sales as the song has already reached 32 on Billboard’s charts.

2: Company Says SeaWorld Took Ideas for Several Attractions, Files Suit

Next up today Revere Entertainment Studios has filed suit in Florida against SeaWorld and its parent companies claiming that they incorporated elements of Revere’s ride and park designs into their theme park even as the two sides were supposedly negotiating a partnership to develop SeaWorld. Among the rides and elements listed are the “Sea Carousel” ride, “A’lure, The Call of the Ocean” show and “Manta” rollercoaster at SeaWorld’s Orlando location as well as various other attractions at other parks. SeaWorld has not commented on the lawsuit.

3: Music Industry Will Force Licenses on Amazon Cloud Player — or Else

Finally today, we have some additional industry insight on Amazon’s launch of its Cloud Music Player service, which enables users to upload and stream their music anywhere. Amazon launched the service without obtaining licenses from any of the record labels, an act that will likely prompt a lawsuit. According to reports, record labels are currently in negotiations with both Google and Apple to set up and license similar service and are involved in legal battles with other such services, including MP3Tunes. Industry insiders expect a lawsuit against Amazon shortly, citing the need to enforce their license mandate in court or risk losing similar licensing agreements with other providers and the revenue they might bring.

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 6 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.

This is no April Fool’s joke, it is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.

If you’re in the mood for a completely joke-free conversation about copyright law then this is the podcast for you (Well, a few jokes but none on you). We have a lot of news to go over including a major victory for those who want to mass-litigate against pirates, Amazon launches a new cloud streaming service and Righthaven manages to file a lawsuit over an article about one of their lawsuits, nearly causing the universe to implode.

All in all there were eight stories this week including:

• Washington Judge OKs Mass P2P Lawsuits
• Amazon Launches Cloud Music Streaming, Sans Label Permission
• Zediva Gets Creative with DVD Streaming
• Righthaven Embarrasses Itself
• EMI and Bluebeat Settle
• 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: Amazon Beats Apple, Google With Launch Of Unlicensed Cloud Music Locker & Player

First off today, Amazon announced that it has launched its new Cloud Music service, which allows users to upload their music collection to their servers for streaming via the Web and mobile devices. However, already there are clouds of copyright conflict on the horizon as Amazon has done this without permission from any of the record labels, something Amazon says it doesn’t need. However, Warner Music reportedly disagrees with Amazon’s stance and may be looking to file suit in the future. Amazon is the first major music provider to offer such a service, beating both Apple and Google out of the gate with the new product.

2: BitTorrent Case Judge Is a Former RIAA Lobbyist and Pirate Chaser

Next up today, a shadow is being cast over the recent ruling in Washington D.C. that approved of the tactics used by organizations such as the U.S. Copyright Group to sue copyright infringers in large groups in order to obtain their information from ISPs and demand settlements. The judge in that case, Judge Beryl Howell, had worked for a consulting firm, Stroz Friedberg, that specialized in copyright enforcement and lobbied for the RIAA. Judges in Federal cases are deemed to be unbiased, but the ruling has cast additional doubt over the already-controversial ruling.

3: Righthaven Wins Round in Litigation Campaign

Finally today, Righthaven, the company filing lawsuits against those who reuse content from the Las Vegas Review-Journal and the Denver Post without permission has won at least a small victory in one of its ongoing lawsuits. Righthaven won the right to continue its case against Dean Mostofi, despite a challenge on jurisdictional grounds. According to the court, Mostofi, who is from Maryland, subjected himself to the jurisdiction of the Las Vegas court by his actions of using the article from a Las Vegas site. This is the second time Righthaven has defeated a jurisdictional question, but other arguments against Righthaven, namely fair use arguments, have seen at least limited success.

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 6 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.