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1: Netflix Drops Unpopular Qwikster DVD Plan

First off today, Netflix has announced that it is abandoning its plans to split off its DVDs-by-mail service into another service named Qwikster and will, instead, keep the two services under its “Netflix” name. The move, which came after Netflix split apart the two services, raising the costs for many of its customers, was an unpopular decision among its (already angered) customers, which didn’t want to visit two sites to manage their media. Netflix apologized for the plan, saying it “underestimated” the convenience of having both under one roof and said it will continue to do so in the future.

2: Authors Guild Files File Amended Complaint Against Libraries

Next up today, the Authors Guild has filed an amended complaint in its ongoing battle with HathiTrust and many of the libraries that are part of it. Hathitrust is a non-profit that focuses on preserving and sharing digital works between various libraries, it was sued by the Authors Guild for its book digitization efforts and its now-abandoned “orphan works” project. The Authors Guild amended its complaint to add several new plaintiffs including the U.K. Authors’ Licensing and Collecting Society, the Norwegian Nonfiction Writers and Translators Association, the Swedish Writers Union, The Writers’ Union of Canada and several more individual authors. HathiTrust was spearheaded by the University of Michigan but includes some 50 partners, mostly college libraries from across the U.S., many of which are included in the suit.

3: BT and TalkTalk to appeal Digital Economy Act

Finally today, two of Britain’s largest ISPs, BT and TalkTalk have been granted a chance to appeal a recent High Court ruling that upheld the Digital Economy Act. The ISPs claim that the law will unfairly force them to police user behavior by compelling them to send out notices on behalf of rightsholders to warn against illegal file sharing. The government has announced they will not pursue a site blocking provision, even though the law allows it.

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’s Friday and that means it’s time for another episode of the Copyright 2.0 Show!

It was a crazy week for copyright news and, to keep this show under an hour, we had to cut out a lot of good and important stories. However, what’s left behind is a collection of the most important and most interesting pieces of copyright news.

We have a ruling on Joel Tenenbaum’s appeal, an important update on the Google Book Search case and another possible nail in Righthaven’s coffin, just to name a few. We also have a major political reversal in the UK and a potentially large Pirate Party victory in Germany.

All in all, this is one episode you don’t want to miss.

This week’s stories include:

• Tenenbaum Loses Appeal, Original Damages Stay in Effect
• Google, Publishers and Authors Get More Time in Book Search Case
• Righthaven Faces an Asset Seizure
• SAP Settles Criminal Complaint in Oracle Case for $20 million
• German Pirate Party Wins Big in Berlin’s Local Election
• 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: Google Won’t Face Some Oracle Copyright Claims, Judge Rules

First off today, Google won at least a small victory in its ongoing copyright case against Oracle as the judge ruled that some of the items Oracle was suing over were not protected by copyright. The case centers around the JAVA language, which Oracle acquired when it purchased Sun Microsystems and is used by Google in its Android operating system for mobile devices. According to the judge, some of the elements Oracle is claiming were infringed do not qualify for copyright protection, including 12 lines of code and 37 “specifications” for programming interfaces. Google must face claims on other materials.

2: Harlan Ellison Sues Claiming Fox’s ‘In Time’ Rips Off Sci-Fi Story

Science fiction author Harlan Ellison is suing New Regency and director Andrew Niccol over the upcoming film “In Time”, which he claims is an infringement of his 1965 book, “Repent, Harlequin! Said The Ticktockman”. Ellison claims that the similarities are “obvious” and even references critics that have attended preview screenings and thought that the movie was based on the book. Ellison is seeking an injunction against the film as well as other damages.

3: HathiTrust Suspends Its Orphan Works Release

Finally today, HathiTrust, the trust set up by over 50 colleges and universities to share copies of digially-scanned books, has put on hold their plans to make available some 140 “orphan works” where the copyright holder can not be identified. This move follows a lawsuit by the Author’s Guild and other organizations against the trust as well as many of its universities. The Author’s Guild had noted that some of the works on the list appeared to be under copyright due to various quirks in the copyright system.

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: Writers Sue US University Libraries for Copyright Infringement

First off today, the Authors Guild, the Australian Society of Authors, the Union Des Écrivaines et des Écrivains Québécois and eight individual authors have filed suit against Michigan, California, Wisconsin, Indiana and Cornell universities as well as HathiTrust for copyright infringement. According to the suit, the universities received unauthorized digital scans of their library’s books and pooled their digital libraries together into the HathiTrust collection. The lawsuit also objects to the unversities’ plans to make orphan works, meaning works where the copyright holder can not be identified, available to students and faculty. HathiTrust is a partnership with some 50 libraries, which currently has over 9.5 million digitized books.

2: Google Pressed to Block Rogue Websites

Next up today, Jeremy Hunt, the UK’s Secretary of State for Culture, Media and Sport, is expected to give a speech tomorrow that calls on search engines, including Google, to do more to block pirate websites from their rankings. Hunt is also expected to say that his government is prepared to legislate on the issue if search engines fail to take reasonable steps on their own. This comes after Google sent a press release touting advancements in copyright responsibility and efforts in the UK to block sites as the ISP level were deemed to be unworkable.

3: Sanctioned: P2P Lawyer Fined $10,000 for “Staggering Chutzpah”

Finally today, Evan Stone, a P2P attorney specializing in amine, has been sanctioned by the court to the tune of $10,000. The reason is because Stone, who filed a lawsuit against hundreds of “Doe” defendants he accused of sharing movies online, sent subpoenas without court approval. The judge in the case had ordered Stone not to send subpoenas but, instead asked the ISPs involved to hold on to the information while the court rules on whether or not he should be allowed to get the information. Stone sent the subpoenas anyway and apparently reached a settlement with at least some of the defendants, despite the fact he wasn’t supposed to have access to the information. The case involved had been dropped with prejudice by Stone, who said that the subpoena process was taking too long.

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: Judge Rules Against Google Books Settlement

First off today, the judge in the Google Book Search case has ruled against the proposed settlement, saying that it is too far-reaching and that it’s opt out nature is unfair to competitors. Google had been sued by both publishers and the Author’s Guild over its effort to scan and make searchable millions of books. The two sides had reached a settlement, one where Google would be able to scan, display and even sell copies of in-copyright but out-of-print books in exchange for a share of revenue, but the judge has denied that settlement, saying that it might be more likely to succeed if it were “opt in” for authors rather than “opt out”, as it is currently structured. The two sides can now choose between modifying their settlement or appealing the judge’s ruling.

2: LSE Report Attacks Digital Economy Act Ahead of Review

Next up today, the London School of Economics and Political Science has posted a report of the UK’s Digital Economy Act, slamming the legislation saying that it “gets the balance between copyright enforcement and innovation wrong” and that it would harm future innovation for content industries. The report comes as the act is heading toward a judicial review at the behest of two of the UK’s biggest ISPs. The controversial act lays a framework of enforcement for those who are suspected of unlawful file sharing and could result in repeat infringers having their Internet access cut.

3: Cole Track Embroiled In Copyright Dispute

Finally today, British pop star Cheryl Cole, as well as the various labels representing her, are defending her song “Fight For Love” against allegations of plagiarism. Publishers Wardlaw Banks and Peermusic claim that the 2009 hit was lifted from the 2001 song “I Want You Back” composed by Kevin Hughes, Simon Chapman and Wayne Wilkins, the latter of whom also has a writing credit on the “Fight For Love” track but doesn’t recall working on the earlier song.

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.

1: Apple’s iPad Will Read Books Out Loud, Support Free E-Books

First off today, Apple’s iPad is making some copyright headlines as Apple has announced that its new tablet computer/eBook reader will be able to read books aloud and will also support free eBooks in addition to those sold through its “iBooks” store. A the “read aloud” feature on the latest version of the competing Kindle caused a stir and resulted in a suit from the Author’s Guild, which has not said if it plans to sue Apple over the iPad.

2: Film Piracy: Lord Puttnam Targets Tween Curriculum

Next up today, in the UK, Film Distributors’ Association president, Lord Puttnam, called for copyright to be taught in schools beginning at a very early age. The remarks came at a keynote he gave to the FDA and said that his organization has been targeting the “tween” group, ages 8-11 with a free academic curriculum that has been distributed to one in five schools in the UK.

3: Obama Reiterates Support For Finishing ACTA

Finally today, in a speech to the Export-Import Bank’s annual conference, U.S. President Barack Obama reiterated his support for the controversial Anti-Counterfeiting Trade Agreement (ACTA) saying that it is part of the government’s efforts to negotiate “proper protections” for works. This comes as the secretive treaty was the subject of a vote in the EU that called for a public draft of the document to be released.

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 Saturday morning for the live recording of the Copyright 2.0 Show or wait and get the edited version Monday morning right here on Plagiarism Today.

Have a suggestion for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Judge Rejects Amazon Bid to Scrap Google Pact

First off today, the revised Google Book Search settlement has survived yet another, albeit small, hurdle. The judge in the case has rejected a bid by Amazon to throwout his preliminary approval, telling the Web giant to make its case at the already-scheduled February 18 fairness hearing.

The original settlement, shot down by the Department of Justice due to antitrust concerns, would have ended a lawsuit between Google, the Author’s Guild and various publishers over their Google Book Search tool. The original settlement would have allowed Google to scan, display and even sell copies of in-copyright but out-of-print works provided authors and publishers were remunerated. The revised settlement removed some language promising Google the best deal possible and limited the scope of the settlement to plaintiff countries. It also created a new organization to collect money on behalf of authors who had not yet been located.

With this rejection it appears to be full speed ahead for the Feb 18 fairness hearing, where the revised settlement will be tested and, possibly, put into action. There is no word yet though if the DOJ has objections with the new settlement and feedback on it from previous critics has been mixed.

2: Web Giants Unite Against Digital Britain Copyright Plan

Next up today, Google, Facebook, eBay and Yahoo have all joined forces to protest a controversial clause in the UK’s new “Digital Britain” proposed legislation. Specifically, they are opposed to “Clause 17″, which would give the Secretary of State the power to amend copyright law within certain boundaries.

The Internet companies feel that it is so broad it could endanger “legitimate consumer use of current technology as well as future developments” The government says that the clause has significant limitations placed on it and that it will not be a radical shift in copyright law.

The Digital Britain legislation is an attempt to “future proof” the country’s copyright laws but also deals with other aspects of the Web including providing high-speed access, converting to digital radio and shifting government responsibilities on infrastructure-related matters.

The bill, introduced during the Queen’s Speech earlier this month, is scheduled to have its second reading in the House of Lords today, the second of many such readings.

3: Placating Publishers by Limiting Links: A Google 5-Click FAQ

Finally today, Google has made a change to its “First Click Free” program that many newspapers participate in. The changes will allow Google searchers to click on only five links on participating news sites before being prompted to register, either for free or paid.

The First Click Free program is a partnership with newspapers and other major content providers through Google News. Ordinarilly, Google works against cloaking, the act of showing the Google bot one thing and visitors another. However, the program allows newspapers to lock down their content by providing the first click for free. This means any click from a Google result opens up a working link, but any click elsewhere on the site shows a reminder to register.

However, concerns over abuse have plagued the system, prompting Google to offer newspapers a system to restrict visitors to five free clicks if desired. Interested newspapers who are participating in Google News should contact Google about the program.

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 Saturday morning for the live recording of the Copyright 2.0 Show or wait and get the edited version Monday morning right here on Plagiarism Today.

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

1: Hollywood Takes OpenBitTorrent’s ISP to Court

First off today, now that The Pirate Bay’s tracker has shut down, though in its case to force users to use decentralized methods of downloading, the movie studios have turned their attention to other prominent trackers including OpenBitTorrent, which has had its hosting company receive a lawsuit from the various movie studios.

OpenBitTorrent is a different kind of tracker in that it is not connected to a site or search engine, but is rather just a service that connects peers based upon has values. The site also has a DMCA-style notice and takedown procedure that enables copyright holders to disable access to copyrighted files.

Their hosting company, Swedish outfit Portlane, was sued by Hollywood studios, who claim that it is merely a “rebranded” version of The Pirate Bay.

More to come on this lawsuit in the future.

2: Judge Sets February Hearing for New Google Books Deal

Next up today, the judge in the Google Book Search case has given tentative approval to the new settlement, which was unveiled last week, by laying out a schedule for the approval process.

The original settlement, which would have allowed Google to scan, display and sell copies of in-copyright but out-of-print works, was shot down following criticisms from the U.S. Department of Justice. The revised settlement, which loosens restrictions on scanned works, has greater consideration for international authors and changes to scope of the class action lawsuit, has done little to appease the harshest critics but still seems to have been widely welcomed.

The new timetable puts a deadline of January 28th to file objections to the settlement and sets a date for a final hearing on February 18. Those who wish to opt out of the settlement and retain their right to sue Google will need do so by January 28.

It is worth noting that these deadlines are much faster than the ones given the first time around, largely due to the fact that the case has been ongoing for so long.

3: Japan Set To Extend Posthumous Copyright

Finally today, newly-elected Japanese Prime Minister Yukio Hatoyama has vowed to extend the posthumous copyright protection on compositions from 50 to 70 years, as he had promised to do during the campaign.

The announcement came at a speech to the Japanese composers and authors’ society during an event celebrating the 70th anniversary of the group

There was no timetable announced for passing this extension.

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 Saturday morning for the live recording of the Copyright 2.0 Show or wait and get the edited version Monday morning right here on Plagiarism Today.

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

1: Leaked UK government Plan to Create “Pirate Finder General” with Power to Appoint Militias, Create Laws

First off today, Cory Doctorow is reporting on a leak he received from a previously reliable source within the UK government about upcoming proposed changes to the UK’s Digital Economy Bill that is currently before Parliament.

According to Doctorow and his source, the changes would create sweeping reforms to the Copyright, Designs and Patents Act (1988) that would give the Secretary of State some radical new powers in copyright matters including the ability to create new remedies for online infringements (three strikes rules, etc.), to confer rights to copyright holders for the purpose of enforcement, which would give some powers, currently only held by judiciaries in the country, to rightsholders directly, and to “impose such duties, powers or functions on any person as may be specified in connection with facilitating online infringement”.

These sweeping reforms, if true, would mark some of the most extreme changes to copyright legislation in the world, if not the most extreme.

Obviously we will have to wait for the actual proposal to confirm its contents, but this already has many worried. More to come on this in the future.

2: KFPA backs Web Filtering System

Next up today, the Korean Film Producers Association (KFPA) and the Digital Content Network Association have announced their intentions to target P2P sites in South Korea with legal action if they fail to install filtering software created to keep infringing content off of their services.

According to the two agencies, some 78 P2P sites have installed the software, accounting for roughly 90% of the sites in the country.

They have said that they will consider, “the failure to install the software will be taken as an offense against consumers and copyright holders” and will seek legal remedies.

Some have hypothesized that this harsh tone comes as the sites who have installed this software have seen serious drops in business due to the removal of infringing works while those who have not have grown. Prompting them to take action against the hold outs.

3: European Publishers Give Google Book Deal Cautious Welcome

Finally today, authors in Europe have given the new Google Book Search a warmer reception than its predecessor but have said that they need more time before they can make a full comment on the issue.

The original settlement, which was designed to resolve a case between Google and the Authors Guild and various publishers, gave Google sweeping rights to scan, display and even sell copies of out-of-print but in-copyright works provided a portion of revenues went to the author and publisher. The original settlement was scuttled following anti-trust concerns from the U.S. Department of Justice, but the new one follows the same approach, but offers authors more control over their work and greater consideration for international authors, who will not have their books scanned unless their nation is a plaintiff in the suit and their work is in the English language.

European authors have responded with tentative approval of these changes and considerations, but expect to have a more robust response in the future.

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 Saturday morning for the live recording of the Copyright 2.0 Show or wait and get the edited version Monday morning right here on Plagiarism Today.

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

1: Google, Plaintiffs Submit Revised Book Search Settlement

FIrst off today, Google, publishers and the Author’s Guild barely made a deadline on Friday to submit their revised settlement regarding the Google Book Search project.

Google had been sued by the other parties for its book scanning project but the two sides had hammered out an expansive settlement that allowed Google to scan, display and even sell copies of in-copyright but out-of-print works on its site, in exchange for a percentage of the advertising and sales revenues. However, the Department of Justice cited anti-trust concerns with the settlement and forced the two sides back to the negotiating table where they drafted the new version.

Among the changes in the new settlement are that the settlement will now only include works either registered with the U.S. Copyright Office or published in the U.K., Australia, or Canada as rightsholders in those countries are joining the case as named plaintiffs, the creation of a Book Rights Registry with the task of tracking down and holding money for writers who are not a direct party to the settlement, a provision that that book retailers will be able to sell consumers online access to the out-of-print books covered by the settlement and the ability of rightsholders to loosen restrictions on books in the database, including adding CC licenses or removing restrictions on printing.

At this time, critics of the original settlement do not seem to be appeased, calling it a “surgical” alteration, and the DOJ is yet to comment. It will have to be seen whether or not the settlement will be accepted over the long haul.

2: Apple Crushes Clone Maker in Court

Next up today, it was a big win for Apple in court this week as a California judge ruled in their favor in their suit against Psystar, handing them a sweeping verdict that will be very difficult for the clone maker to overcome.

Psystar, which makes custom PCs with the Apple OSX operating system, had been involved in an ongoing dispute with Apple after the company accused it of violating its end user license agreement, the DMCA and other elements of Apple’s Copyright. Psystar hit back, suing Apple and Apple countersued. However, the judge ruled that Apple’e EULA, which prohibits putting OSX on non-Apple computers, is legal and Psystar’s actions do constitute a breach of that contract and that Psystar’s breaking of DRM schemes that Apple uses to prevent its OS from being used on other systems was a violation of the DMCA.

A hearing on damages is set for December 14. A similar case, one that deals with 10.6 (the California case deals with 10.5) is ongoing in Florida.

3: Fox News Declares Cyberwar on Liberal Blogosphere

Finally today, Fox News seems to be on a takedown bender on YouTube, demanding its clips be removed from a variety of YouTube accounts. Though the takedowns (and suspensions) first seemed to target liberal YouTube channels, such as News1News, it seems to have spread to conservative ones as well, including GlennbeckClipsDaily and ConservativeNation.

What brought about the change in policy is unclear, Fox has traditionally not been extremely aggressive in pursuing clips from its Fox News channel, but this does come on the heels of Rupert Murdoch’s, the owner of News Corp, which owns Fox News, famous interview with Sky News in Australia where he threatened to sue the BBC and remove his content from Google.

Whether this is related to that or not is unclear, but what is obvious is that News Corp is on the war path against what it sees as misuse of its content on the Web, making the Web a dangerous place to post clips of Fox News.

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 Saturday morning for the live recording of the Copyright 2.0 Show or wait and get the edited version Monday morning right here on Plagiarism Today.