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1: AP and Clothing Company Settle Copyright Dispute

First off today, the Associated Press (AP) has settled its legal dispute with Obey Clothing, which had previously sold clothing with the famous Obama “Hope” poster on them. The poster, which was designed by Shepard Fairey, was based on an AP photo, prompting the AP to sue both Fairey and Obey Clothing. Fairey’s case was settled in January and this one was just settled a few weeks before it was due to go to trial. The settlement is similar in many regards, namely that neither side surrenders their view of the law and agree to collaborate in the future over the poster. Financial terms of the settlement were not disclosed.

2: Bon Jovi Says Steve Jobs Is Killing The Music Business

Next up today, according to an interview with the Sunday Times Magazine, rocker Bon Jovi has said he belives Steve Jobs, the co-founder and CEO of Apple, is responsible for “killing” the music industry. According to Jovi digital distribution has killed much of the tactile experience and mystery of buying and listening to music. For this, Jovi bames Jobs and the iTunes store his company helped founded.

3: Google Copyright Purge Leaves Android Developers Exposed

Finally today, one theory regarding the Google’s Android mobile operating system may create a problem for developers and manufacturers alike. According to Edward J. Naughton, much of Android’s code is based on Linux, which is licensed under the GPL. However, Google alters the code through a proprietary means and then re-releases it under the Apache license, which is slightly more restrictive. However, if Google is wrong and its code is still licensed under the GPL, that could mean developers might be forced to reveal the source code of their apps as they are built upon the code as well. This could, feasibly, lead to lawsuits over GPL non-compliance and create challenges for developers and manufacturers alike.

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.

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

1: Judge: ‘HOPE’ Artist Can Switch Lawyers in AP Suit

First off today, Shepard Fairey, the much beleagured artist of the Obama “Hope” poster, found himself in court again yesterday. However, this time, he got some good news as he was allowed to change legal teams. His previous attorneys, headed by Anthony Falzone from the Stanford Center for Internet and Society, had asked to withdraw after it was discovered that Fairey had falsified evidence in the case.

Fairey, who is being sued by the Associated Press, after suing them first, is accused of violating the AP’s copyright in the creation of his now-famous poster. Fairey claims that his use is transformative and, thus, qualifies as a fair use. However, Fairey had originally claimed that he had used a different picture, one with George Clooney in it as well, something the AP disputed. However, Fairey pushed the issue, even after discovering he had made a mistake, going as far as to submit false evidence. After he admitted to doing this, his attorneys filed a petition to remove themselves from the case, which the AP opposed.

However, the judge sided with Fairey’s attorneys and he will now be represented by, among others, Geoffrey Stewart of the Jones Day law firm and William Fisher III. Stewart is also the director of the Berkman Center for Internet and Society at Harvard University.

The judge does not expect any delays in the case, seeking a trial by early summer, and the next hearing is scheduled for March 5.

2: Microsoft Pulls Windows 7 Download Tool

Next up today, Microsoft has once again earned the ire of open source advocates and has removed, at least temporarily a product it was offering at their request.

The application, a tool used to install Windows 7 on netbooks and other computers with a DVD drive, appears to have used source code from the open source application ImageMaster, without complying with the requirements of the GPL, including the disclosure of alterations to the source code. Microsoft has removed the product while it evaluates the situation and apologizes for any inconvenience.

Microsoft has had several run ins with the open source community, even as they have been more aggressive in courting them in recent years, including releasing several projects under open source licenses.

3: Man Presses $400 Billion Lawsuit Against Bon Jovi

Finally today, for those who like a little bit of weird news with their copyright diet, we have an appeal in the $400 billion (yes, billion, with a “b”) lawsuit against Bon Jovi.

According to the lawsuit, in 2004 Samuel Bartley Steele released a song entitled “(Man I Really) Love this Team,” as an ode to the Boston Red Sox. Copies were sent out to executives of the team as well as players and others involved with the team. Then, in 2007, during the playoffs, Bon Jovi released “I Love This Town”, which was used by MLB to promote baseball on television. According to Steele, the song is an infringement of his work but even his own musicologist testified they weren’t very similar. This caused the judge in the suit to toss it before it went to trial, saying that no reasonable jury would believe it to be an infringement.

However, Steele has now appealed the ruling, letting the lawsuit live for another day. That is, at least until the appeal gets shot down…

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.

1: Stockholm court: Pirate Bay judge wasn’t biased!

First off today, in a blow to The Pirate Bay admins, the district court has issued a statement saying that, despite the judge’s affiliations with several pro-copyright organizations, that there is no evidence of bias and that the memberships were “simply a means to gain increased knowledge of copyright legislation issues and are not therefore grounds to establish bias.”

The appeals court still has to rule on the matter of bias, a ruling for which is due any day now, but with the independent district weighing in, which did so at the direction of the appeals court, it seems far, far less likely that the ruling will be in favor of the defendants.

Still, even if the judge’s allegations of bias are tossed, there is still a lengthy appeals process ahead for this case.

The Pirate Bay site, at this time, remains active.

2: Music industry battles Spanish computer buff

Pablo Soto is a young computer lover that created the application Blubster, one of the most popular file sharing applications, and has built a small company around it. However, he is now the lone defendant in a copyright lawsuit filed by the Spanish music industry.

Though the case is similar to dozens of others that have taken place in the US and elsewhere in the EU, Spain has a reputation for being a pirate-friendly country and has routinely thrown out cases of piracy where there was no commercial gain.

According to Soto, his product is completely legal and he is confident of victory since his product can be used for legitimate purposes. The court, however, is expected to rule on that exact issue later this month.

3: Bon Jovi’s motion to dismiss defendant’s Lanham Act and misappropriation of name counterclaims denied

Finally today, in a link you just have to read, Bon Jovi and the Philadelphia Soul, an Arena Football League team he partially owns, have been involved in a messy and convoluted dispute with a ticket promoter over the cancellation of the 2009 season (and the way it was handled), which resulted in the team and Jovi suing over alleged trademark, copyright and other violations.

Well, out of mess sometimes comes beauty and what can only be described as judicial “win” the judge in the case has handed down a ruling laced with more Bon Jovi references per paragraph than previously thought possible. Spoiler Alert: Bon Jovi’s case was apparently “Living on a Prayer”.

Check out some of the ruling with the videos at the link above.

Suggestions

That’s it for the three count today, we’ll 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.