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

1: Supreme Court Hears Copyright Cases

First off today, in Canada the Supreme Court will hear testimony on five copyright-related cases. The cases all deal with the issue of fair dealing, Canada’s equivalent to fair use, and may have a drastic impact on the amount Canadian’s pay for certain types of copyrighted content. One of the key cases deals with music samples in iTunes, which are currently offered for free and limited to 30 seconds. SOCAN, a rights group representing authors and publishers, thinks there should be a royalty affixed to those samples while Apple and other believe it to be an example of fair dealing. In another case, colleges are seeking to overturn a previous ruling that found copying short excerpts of copyrighted works for educational uses was not protected under fair dealing. Rulings on these cases are not expected for many months though testimony will be heard both today and tomorrow.

2: Vostu Pays Undisclosed Sum to Zynga to Settle Copyright Infringement Lawsuit

Next up today, social game maker Zynga has settled their ongoing litigation with Vostu, a Brazilian company they accused of ripping off several of their games. Under the terms, Vostu will pay an undisclosed sum of money, make changes to four of their games and will drop a counter-claim they had filed against Zynga. The settlement puts an end to both lawsuits, one in Brazil and one in the U.S. and ends the dispute between the two companies.

3: Google Will Move to Dismiss Authors Guild Suit

Finally today, Google has indicated that it will seek dismissal in its long-running dispute with the Author’s Guild. The lawsuit, which is over Google’s Book Search tool and its scanning/indexing of books, has had two settlements be shot down. The Author’s Guild, however, is petitioning to have the settlement converted to a class action lawsuit. Even if Google wins and gets the lawsuit dismissed, it won’t be the end of the litigation as the individuals in the lawsuit would be able to continue.

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.

We have a very “Supreme” themed episode this week with two stories focusing on the highest court in the U.S. Those stories include a case the Supreme Court will be hearing and one they won’t be taking (thus letting the lower court ruling stand).

We also have an update on the NinjaVideo admins and their criminal case as well as an interesting ruling regarding the DMCA and DVD ripping.

All of that and we end on this crazy question: Is Amazon’s new Silk browser is copyright infringing?

This week’s stories include:

• Supreme Court to Decide if Works Can be Plucked From Public Domain
• Supreme Court Says Digital Downloads are NOT a Public Performance
• Another NinjaVideo Founder Pleads Guilty
• Judge Says DVD Ripping OK if You Legally Own Them
• Canada Revisits Copyright Reform
• EU Fans Find Way to Watch Soccer Cheaply

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: EU Backs Fans Watching Soccer on Cheap Decoders

First off today, a ruling by the EU’s highest court may change the way fans all over the continent view soccer matches. The case centers around a British pub owner, Karen Murphy, who was sued by the England’s Premier League after she used a cheap Greek decoder to view league matches in her pub. The decoder cost a fraction of what it would have cost to subscribe to Sky TV, the broadcaster with the UK rights. That prompted the suit from the league. Though a lower court ruled against Murphy, the higher court said that a local law barring the importation and sale of such decoders could not be justified and that the matches themselves do not qualify for copyright protection, though pre-game material, overlays and other elements might. The decision now goes back to the lower court, which has to take the advisement and apply it.

2: Legal Expert Says Anti-counterfeit Deal Should Be Scrapped

Next up today, a Douwe Korff, professor of international law at London Metropolitan University, was recently hired by the Greens in the EU Parliament to study the human rights implications of the Anti-Counterfeiting Trade Agreement (ACTA). He concluded that the agreement may negatively impact free speech and personal excpression by not allowing trivial or otherwise beneficial infringements. However, the EU Parliament has asked its own legal committee, the JURI committee, to look into the legality of ACTA as well.

3: Century 21 Canada wins lawsuit against Rogers subsidiary Zoocasa

Finally today, in a story that I missed when it first broke, Century 21 Canada has won its lawsuit against Zoocasa, a real estate searching site that Century 21 accused of scraping content from their Web presence. According to the ruling, the scraping was a violation of both copyright law and Century 21′s terms of service. The court ordered Zoocasa to stop misusing the site and to pay $1,000 in damages.

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: 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: SAP to Settle Copyright Abuse Charges by Oracle

First off today, SAP has agreed to plead guilty to criminal charges related to its ongoing dispute with Oracle. The issue centers around a now-shuttered SAP subsidiary, TomorrowNow, which Oracle accused of unlawfully downloading and distributing their software, a fact SAP has admitted to. Criminal charges in the matter were filed yesterday in the U.S. District Court in San Francisco but it appears that a plea deal has already been struck, though it will remain under seal pending court approval. The move also likely signals a plea deal in the separate civil case, which saw Oracle initially win a $1.3 billion award only to have that reduced to $272 million by the judge.

2: Copyright Bill Returns, but Top Court to Wade in Too

Next up today, Canada’s controversial C-32 bill is scheduled to make another return according to Heritage Minister James Moore, who says he hopes to pass the bill before Christmas, but there may be further delays as the Canadian Supreme Court is set to rule on a series of copyright cases that could change how the bill is interpreted. The bill, which is a far-reaching overhaul of Canadian copyright law, will likely be on hold pending the court’s rulings on the cases, including one asking whether teachers who make copies of textbooks for classrooms should be shielded from paying tariffs. Moore also says that the bill is contrary to what the U.S. has wanted, apparently trying to rebut criticism that the bill is primarily aimed at appeasing U.S. interests.

3: Pearl Jam’s Ten Club: Are They Eddie Vedder’s Copyright Police?

Finally today, when a reporter uploaded footage he took from a an Eddie Vedder solo performance, he was surprised to find that his video was taken down, not from a copyright complaint by Vedder, Pearl Jam or their label, but by The Ten Club, Pearl Jam’s official fan club. Vedder nor Pearl Jam has commented on the case, though it would be highly unusual to authorize a fan club like that to file takedown notices as the notices have to come from an authorized agent to be valid. If this is the case, it could represent a new strategy among musicians to seek out and remove unwanted YouTube clips.

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: Zediva Bows to Court Order, Suspends Online DVD Service

First off today, DVD streaming service Zediva, in order to comply with a recent court order, has ceased operations. The service, which previously allowed users to rent a DVD player via the Web to watch a physical DVD was the subject of a lawsuit from the movie studios, which in turn got an injunction against them on the grounds they were violating the movie’s public performance right. Zediva is appealing the ruling but is also emailing their existing customers about how to handle already-purchased credits.

2: UBC Joins Throng of Schools Opting Out of Copyright Contract

Next up today, in Canada the University of British Columbia has joined with 15 of the 25 biggest schools in the country in dropping their contract with Access Copyright. Access Copyright is a licensing group founded by authors and publishers to handle licensing and compensation for collegiate use of their work. However, after Access Copyright tried to impose higher fees and require greater monitoring of use, many schools have walked away from their existing agreements, setting the stage for them to either limit use copyrighted works or strike deals with publishers directly.

3: ’3 strikes’ File Sharing Law Kicks in From Today

Finally, today is the day in which New Zealand’s “three strikes” legislation takes effect, meaning that copyright holders can now send notices to ISPs within the country regarding suspected copyright infringement by users. Those ISPs then have to forward on those notices and, after three such notices, account holders may have their access cut. Similar laws in other countries have had mixed receptions and approaches, including a recent U.S. agreement that is bringing a “six strikes” system this country.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

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

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

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

As we inch ever closer to episode 200 we have a doozy of a show with a ton of important updates from across the copyright world. Not only do we have a new (old) Register of Copyrights, who isn’t me, but the PROTECT IP act moves forward before stalling, Apple may shake up cloud music next week and Germany seems to be blowing other countries out of the water in P2P litigation.

All in all, it was an action-packed show where I even reveal my secret to my Twitter success (not really).

This week’s stories include:

• Maria Pallante Named Register of Copyrights
• PROTECT IP Passess Committee, is Blocked By Senator Wyden
• Germany Copyright Holders Get 300,000 Names Per Month
• Canadian “Pending List” Lawsuit Settled
• Finnish Lawsuit Seeks to Block The Pirate Bay
• 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: German Rights Holders Go After 300,000 P2P Users Per Month

First off today, as controversial as mass file sharing lawsuits are in the U.S., commonly called “speculative invoicing” due to the nature of such lawsuits to send quick settlement offers to plaintiffs, it seems Germany has gone well above and beyond what has been happening here. According to the country’s Internet industry association, ECO, ISPs in the country have turned over subscriber information some 300,000 times per month. This is more than the total of all such lawsuits filed in the U.S. combined. The increase in speed is due in part to a change in German law that no longer requires copyright holders to file a lawsuit to obtain information, instead just receive a court order to get the information. Most who have their identity turned over to copyright holders are asked to pay between €300 to €1200 ($430 to $1720 USD) for each unlawfully shared file.

2: Judge Approves Settlement in Music Royalties Class Action

Next up today, in Canada a judge has approved a $50 million settlement between the four major record labels and artists over the “pending list” claims. According to the lawsuit, the labels would often, especially when building compilation CDs, place artist songs on a “pending list” meaning that no payment was made yet but would be later. Those claims were often never paid, thus prompting the class action lawsuit. The settlement, where the labels admitted no liability, was held up due to a dispute over the estate over the lead plaintiff. However, that was resolved by simply substituting the lead plaintiff, allowing the case to go forward.

3: That Famous Space Shuttle Photo: When is Sharing Stealing?

Finally today, when Stefanie Gordon took that now-famous photo of the shuttle Endeavour piercing the clouds after liftoff, she didn’t realize the impact it would have. But while she’s collected license fees from five different news outlets and others asked permission, most that have shared the image have not licensed it in any way. But while Gordon herself says she’s happy to have the image copied and doesn’t mind the use, it’s raised questions about the role of media outlets when using images and other copyrighted content from social media. Though the laws are straightforward, they are muddled by TOSes applied by third parties and the fact amateur photographers don’t know how to distribute and control images they take.

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: Canadian Copyright Group Pushes for Levy on Memory Cards

First off today, hot on the heels of a failed attempt to pass an “iPod tax” there is now pressure on the Canadian government to pass a similar tax on memory cards. The new levy, if passed, would add fifty cents to all memory cards below 1 GB in size, $1 to any card between 1 and 8 GB and $3 or more to the price of any card bigger than 8 GB. The group the Canadian Private Copying Collective is spurring the initiative, which is bound to draw criticism, especially due to the broad uses of memory cards.

2: Verdict for Insurer Graham in Copyright Case Upheld

Next up today, an ongoing lawsuit between Insurer The Graham Co. against rival USI Midatlantic Inc. has come to a head as an Appeals Court has upheld a $18.9 million award for the company. According to Graham, a former employee, Thomas Haughey, left the company and took critical manuals with him. When he got to his new position at a predecessor company of USI, he then distributed the manuals to the employees there. The court upheld a previous jury award, which included a $2.29 million judgment against Haughey himself, saying that since Graham was unaware of the infringement, the statute of limitations had not expired on the case and the original verdicts were not excessive. USI said that it plans to appeal the case to the Supreme Court.

3: Climate Study Gets Pulled After Charges of Plagiarism

Finally today, a controversial climate change study by Edward Wegman of George Mason University is being retracted by the journal that printed it on the grounds of plagiarism. The journal Computational Statistics and Data Analysis, which published the study in 2008, has retracted the study after discovering that parts of it were lifted from Wikipedia and various textbooks. Attorneys for Wegman and study co-author Yasmin Said claimed the two never committed plagiarism but, instead, blamed the matter on a student who copied and pasted work. The study, which denied the existence of man-made climate change, has been controversial since its release.

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: LimeWire Pays $105 Million in Music Copyright Case

First off today, LimeWire has settled its case with the last remaining major record labels, agreeing to pay some $105 million dollars to end the case early. LimeWire had already had its file sharing service shuttered last year and had also been found liable for copyright infringement. The two sides were in the middle of a jury trial on the issue of damages alone when the settlement was announced. Neither side was available for comment after the announcement.

2: Courts Approve $7.9M Lawsuit for Freelance Writers in Copyright Case

Next up today, the courts in Canada have approved a $7.9 million settlement between freelance writers and various news publishers. The publishers had included the writers’ work in various online databases and sites without first acquiring permission from the writers, whose contracts made no mention of online use. The settlement was actually reached earlier this year but only recently received approval from the courts. Announcements will be made in newspapers and magazines on how those affected can make claims.

3: Comcast Offers Help to The Pirate Bay, Problems Fixed

Finally today, earlier this week users of Comcast, as well as some other networks internationally, began to notice that they were unable to reach The Pirate Bay, briefly leading to allegations that they were filtering or blocking the site. However, Comcast denied that they were blocking the site and even offered The Pirate Bay access to their engineers to fix the problem. In the end, the issue was one with an upstream provider for The Pirate Bay and not a problem on Comcast’s end. The issue has since been fixed.

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.