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

1: Pirate Bay Founders’ Prison Sentences Final, Supreme Court Appeal Rejected

First off today, the four founders of The Pirate Bay, convicted in their native Sweden in 2009, have lost their last appeal to have their sentences overturned. The founders were sentenced to prison sentences between 4 months to a year and ordered to pay some 46 million kronor ($6.8 million) in damages. The group had filed a petition to have their case appealed to the country’s Supreme Court but that request has been denied, letting the appellate court rulings stand. However, due to a quirk in Swedish law that often reduces sentences by 12 months in old cases, it’s still possible that the four men will not see the inside of a prison. Even if they don’t get their sentences reduced, it will likely be many months before the men submit themselves to custody.

2: Megaupload Server Purge Delayed

Next up today, the planned purge of Megaupload’s user data has been delayed at least two weeks as the Electronic Frontier Foundation is attempting to work with the hosts of the data to re-enable legitimate users to download their lost content. The content was scheduled to be deleted as early as tomorrow as hosting providers, dealing with unpaid bills after Megaupload’s assets were frozen, want to free up the servers for new customers. To help with the process of retrieving data, the EFF and Carpathia Hosting, one of the providers involved, have established megaretrieval.com, a site where users can submit requests for assistance though the EFF warns they may not be able to help everyone.

3: Ukraine Shuts Down Leading File-Sharing Site

Finally today, in Ukraine, authorities there have shut down the well-known piracy site ex.ua and seized some 200 servers. The site, which was on the RIAA’s list as one of the worst piracy sites, is now offline and 16 of its employees are being interrogated. The site was founded in 2009 and was one of the largest piracy sites in the Ukraine. Following the closure, various government-related sites were also taken offline though officials blamed the downtime on “hackers”.

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: European Greens Want to Legalize File-Sharing, Ban DRM

First off today, in the EU, the Green Party, the organizations fifth-largest political party, has adopted a copyright platform very similar to the Pirate Party’s that includes the legalization of file sharing, a shortening of the term of copyright to 5 years (with a possible extension to 20) and a banning of DRM (or decriminalization of circumvention of it). The party, which controls 55 seats in the 735 seat parliament, will be joined by the 2 Pirate Party members on this platform.

2: Chaos Feared After Unix Time-Zone Database is Nuked

Next up today, David Olson, the operator of the Time Zone and Daylight Saving Time Database, announced yesterday that he is shutting down his FTP server following a lawsuit from Astrolabe a company that makes astrology-related software. According to the suit, the database publishes information that is protected by their copyright and is not in the public domain. The removal of the database could have a wide-spread impact as the database was the default used by UNIX operating systems to set clocks and adjust for daylight savings time.

3: Men at Work Lose “Down Under” Copyright Appeal

Finally today, the Australian rock group “Ment at Work” have lost their appeal regarding their 1980s hit “Down Under”. According to the lawsuit, the song uses a riff from the earlier work “Kookaburra Sits in the Old Gum Tree”, which is still under copyright by Larrakin Music. The lower court ordered the band’s label, EMI, to pay 5% of all royalties since 2002 (royalties farther back were not allowed due to statute of limitation issues). The band and label vowed to appeal but Australia’s High Court has now ruled against them, putting the matter to rest.

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: German Pirate Party Elect 15 Members to Berlin State Parliament

First off today, the German Pirate Party, which supports extreme copyright reform, won 8.9% of the vote in a recent Berlin state election, which earns it 15 seats in the local parliament. The organization played down it’s copyright reform platform in favor of focusing on transparency in government and improvements to public transportation. The move worked as the party only got 3.4% in the last Berlin election. Though a local election that isn’t likely to have much bearing on copyright law, it is widely seen as the Pirate Party’s greatest success, especially out of it its native Sweden.

2: Song Download Damages Improperly Reduced, Appeals Court Says

Next up today, Joel Tenenbaum, a former college student who was sued by the RIAA for alleged file sharing, has lost his appeal. The U.S. Court of Appeals in Boston today rejected the lower court’s 90 percent reduction awarded to the RIAA. The jury in Tenenbaum’s case had awarded the RIAA some $675,000 in damages but the judge reduced those damages to just $67,500, claiming they were excessive. Both sides appealed the reduction, Tenenbaum wanting an even lower award and the RIAA wanting the original damages to stand. The RIAA won the appeal, meaning that the original verdict will stand barring further appeal. The U.S. government also appealed to battle Tenenbaum’s claims that the damages were unconstitutional. They also won.

3: Judge Extends Time for Google Digital Books Talks

Finally today, settlement negotiations in the U.S. Google Book Search lawsuit seems to be moving forward well enough for the Judge to grant both sides more time, nine months worth. The lawsuit, in which Authors Guild and Association of American Publishers sued Google over its Google Book Search project had been the subject of one settlement in 2005, which was shot down by the judge for being too broad and in violation of anti-trust laws. The two sides have since been working on a modified agreement that they hope will be accepted by the court.

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: Hollywood Sues Zediva for Copyright Infringement

First off today, the MPAA, on behalf of member studios, has filed suit against Silicon Valley startup Zediva, claiming that the music streaming service is violating the copyright of the movies is plays. Zediva, unlike other movie streaming services, works by having users rent DVDs and DVD players, which physically exist in Zediva’s datacenter. This means Zediva legally purchases DVDs to stream and only one person is viewing a DVD at a time. According to Zediva, since no copies are being made, they are allowed to stream in this matter, no different than DVD rental service, but the MPAA claims that Zediva is an infringement and an unlawful public performance of their work.

2: Joel Tenebaum File-Sharing Case Heard at Court of Appeal

Next up today Joel Tenebaum, who was sued in 2005 for file sharing and was found liable in a district court, has had his cases heard before the 1st Circuit Court of Appeals. At issue is the amount of damages Tenebaum should be forced to pay for his admitted file sharing, the lower court deciding he should pay $67,500. The judges on the panel asked tough questions of both sides, including getting concessions from the defendants that statutory damages are not unconstitutional on their own and asking the plaintiffs why Tenebaum should be held liable for the sharing activities of others. A decision in the case is not expected for many months.

3: EU’s New Copyright Leader Doesn’t Believe Private Copying Should Exist

Finally today, the European Union recently confirmed Maria Martin-Prat will be taking over the intellectual property unit at the EU. Martin-Prat most recently was working for the International Federation of the Phonographic Industry (IFPI), where she was in charge of the legal department. During her time there, she made many controversial arguments, including eliminating or strictly limiting personal copying exemptions, making her appointment one of contention for many, especially as she will be in charge of crucial treaty negotiations, including ACTA.

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: Pirate Bay Founders Lose Appeal Against Jail Sentences

First off today, three of the four founders of The Pirate Bay have lost their appeal and had their convictions for aiding in copyright infringement upheld. Though the three men, Fredrik Neij, Peter Sunde and Carl Lundstrom, had their sentences reduced from one year to 10, 8 and 4 months respectively, their total damages owed was increased to £4.1million. The fourth member of the group, Gottfrid Svartholm Warg, could not be tried due to illness and will be tried separately at a later date.

2: U.S. Government Seizes BitTorrent Search Engine Domain and More

Next up today, U.S. Immigrations and Customs Enforcement (ICE) has seized the domains of some 70+ sites that it says were either trading in copyrighted goods or counterfeit merchandise. The seizures come without any warning or court action, causing many to worry that the action violated due process. The seizures were also performed without the need for the Combating Online Infringement and Counterfeits Act, which would have created a court process for such seizures but died when Congress adjourned earlier this month. ICE has commented saying that this is an ongoing investigation, hinting that more seizures may be forthcoming.

3: Movie Studio Sues Struggling Screenwriter for £9.6million for Posting Scripts Online

Finally today, screenwriter and Long Island native Patricia ‘PJ’ McIlvaine has been sued by 20th Century Fox for her site, where she posted the scripts to various Hollywood movies in a bid to help other screenwriters see how the movies were made. Though most of the movies were classics, such as Aliens and Edward Scissorhands, at least one of the movies, Deadpool, was unreleased. Fox is suing for $15 million. Court papers list some 79 scripts with only Deadpool being unreleased.

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: Republican Party Candidates Accused of Copyright Infringement

First off today, Republican Senate candidates Sharron Angle and David Vitter have had videos removed from YouTube by representatives for photographer Chris Floyd who accuses them of using a photograph he took in Mexico in their campaign material without a license. Floyd, who had licensed the image of three Mexican men for editorial purposes only through Getty Images, claims both candidates violated the terms of the use for the photo and that neither had obtained a license. This prompted Getty to file a takedown notice against two videos that contained the image, one from both campaign. Angle’s campaign has removed their video from YouTube though it is unclear if Vitter’s has.

2: Pirate Bay Appeal Trial Ends

Next up today, the appeal in The Pirate Bay case has ended. The trial, which consisted mostly of testimony from the lower court trial, focused on issues such as ownership of The Pirate Bay, the profits, if any, it had taken in and financial support provided by Carl Lundström. A verdict in the case is not expected until late November.

3: Copyright Society seeks CEO – At Last

Finally today, even as copyright societies in the U.S. and EU are mired in controversy, another is just getting started. The Copyright Society of Botswana is looking for its first CEO. Applicants must be fluent in both Setswana and English, have a relevant degree and at least 5 years of senior management experience. Even though it isn’t fully operational, the society has already been criticized by musicians for taking too long to collect royalties from Botswana’s four radio stations and two TV stations, as well as, likely, South African stations.

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: YouTube Inks Deal With French Copyright Society SACEM

First off today, after three years of negotiations YouTube has inked a deal with the French copyright society SACEM, thus giving the video sharing site access to its catalog of represented content from France, Luxembourg and Andorra. SACEM represents songwriters and composers in France and, along with YouTube’s already-existing deal with French record labels will be able to play SACEM music on their site. The deal is retroactive, going back to 2007 and lasts to 2012.

2: The Pirate Bay Appeal Day 3: The Wasa Connection

Next up today, the Pirate Bay appeal is now in day 3 though it was apparently a mundane day. Rather than discussing issues about piracy and copyright infringement, one of the defendants, Carl Lundström, made his case that he was not a financier of the site and should be dropped. The appeal is for the conviction of the four alleged administrators of the site which saw the four defendants be sentenced to a year in prison for copyright infringement and ordered to pay a total of about $3.6 million in damages.

3: Study: Audio Recordings of US History Fading Fast

Finally today, a new study finds that many of the classic audio recordings of our culture may already be lost and that digital records may be in grave jeopardy already. The reason is that laws targeted at preventing piracy have, often, prevented preservation efforts and many media companies, without financial motivation to preserve their archives, have failed to do so. Furthermore, digital media is in grave risk because CDRs, a common format for storing digital files, only lasts a few years and digital libraries must be actively maintained and not being stuck on a shelf. The study comes ahead of a National Recording Preservation Plan being developed by the Library of Congress for later this year.

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: Broadcasters Sue Ivi for Copyright Infringement

First off today, in a move that should surprise no one, several broadcasters including Fox, ABC and CBS have counter-sued the TV streaming service Ivi, claiming that they are infringing on their copyrights by rebroadcasting live television from their various channels. According to Ivi, the law allows them to rebroadcast such TV signals and, since they are Internet-only, they are exempt from FCC requirements in doing so. They received letters from these companies and others and even filed a proactive suit against them last week. According to an Ivi rep, this lawsuit is “not about copyright”, but instead is about “competition”.

2: The Pirate Bay Appeal Day 2: Lost Sales

Next up today, the second day of The Pirate Bay appeal has concluded and most of the day was spent with prosecutors and content industry representatives highlighting lost sales and damages they see as being caused by The Pirate Bay and painting the site as a commercial enterprise. The defense did testify some at the end of the day and argued that most of the torrents on the site did not point to copyright infringing works and that, according to them, the site is merely a search engine and not responsible for the content on it. Day three is expected to have more testimony from the defense as the trial is moving faster than expected.

3: The “Legal Blackmail” Business: Inside a P2P Settlement Factory

Finally today, as the leak of emails from the UK law firm ACS:Law continues to be poured over, a clearer picture of the operations of the company, which was famous for sending out “settlement letters” to alleged file sharers in the UK. Ars Technica has a lengthy article highlighting how the business worked, including the types of responses ACS:Law got to its demand letters and some of its business dealings with other companies, including the controversial U.S. Copyright Group.

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: French ISPs Will Be Flooded by IP Address Information Requests

First off today, France’s “three strikes” law, commonly known as Hadopi, is beginning to ramp up. The law forces ISPs to provide information about alleged file sharers when identified by IP address and, after three “strikes” turns the cases over to a judge who can take a range of steps, including disconnecting the alleged pirate. The first batch of such IP request have just gone out and it is supsected that the numbers could reach as high as 150,000 IP addresses per day for the country’s ISPs to sift through. ISPs who do not comply could be fined as much as €1,500 per IP address.

2: Judge puts hammer down on Hurt Locker P2P subpoena

Next up today, even as the French campaign against piracy ramps up, another in the U.S. hits a speed bump (or land mine). A judge in South Dakota has quashed the U.S. Copyright Group’s subpoena of a small ISP in the area saying that the group failed to comply with both jurisdictional and service requirements. The group, which represents several independent film makers, files massive lawsuits in Washington D.C. and uses those suits to secure subpoenas for IP addresses, that it in turn uses to get information about suspected file sharers across the country. This decision could derail that process prohibiting the group from filing such suits in a single court.

3: The Pirate Bay Appeal Starts Tomorrow

Finally today, the appeal of the four Pirate Bay admins, who were sentenced to a year in prison and to pay over $900,000 each in damages, will start tomorrow. The trial won’t be the kind of spectacle seen with the first trial and the appeal will be based mostly on the testimony and recordings of the first trial with little new introduced. A total of eight days of hearings are expected and the appeal should wrap up before October 15.

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 was a busy week for copyright news with a lot of great stories, even if some of them were a bit on the predictable side. We start out with the Viacom/YouTube war and its next phase and then step into the World of Warcraft before heading back to more traditional ground and finishing with a lawsuit literally held together by velcro.

It was a strange week to say the least and a show you don’t want to miss!

This week’s stories include:

• Viacom Appeals YouTube Ruling
• Google Leaker Discovered, Actually Not
• Blizzard Wins $88 million judgment in World of Warcraft Case
• Major Lyrics Site to be Shuttered
• In Germany, Anti-Piracy Efforts Go Awry
• “Bruno” Sued Over Velcro, Slips Away

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.