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3 Count: Feeling Used

Jonathan Bailey — Tue, 10 Jan 2012 16:21:41 +0000

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1: Capitol Records Sues ReDigi: EMI Label Alleges Copyright Infringement by ‘Used’ Digital Music Site

First off today, Capital Records, the flagship label for EMI, has filed suit against “used” music site ReDigi for copyright infringement. ReDigi, which claims to be a legitimate service for reselling music tracks, works by having users upload legally-purchased music files to their service and then reselling them for a reduced price. ReDigi believes that this is protected under the right of first sale, which permits the reselling of copyrighted works so long as new copies aren’t produced. However, Capitol Records claims that the right of first sale doesn’t apply in this case as ReDigi must make a copy of the song to download it to the buyer’s computer. Capitol Records is seeking both an injunction and statutory damages.

2: Mystery Buyer Wins Auction for Copyright Troll’s Domain

Next up today, the controversial company Righthaven has had its domain auctioned off to an anonymous bidder for $3,300. The domain was put up for sale to pay for the legal expenses of a former defendant sued by the company, which previously was famous for its no-warning lawsuits over content from the Las Vegas Review-Journal and the Denver Post but has since stopped after a string of legal defeats. The money from the sale will go to pay the legal bills of Wayne Hoen, who successfully defended himself against a Righthaven lawsuit and is now owed over $60,000 in legal bills from Righthaven.

3: Microsoft Sues China’s Gome for Alleged Copyright Infringement

Finally today, Microsoft has sued Gome Electrical Appliances Holding, one of China’s largest electronics distributors, and a Beijing electronics mall over copyright infringement. At issue is Gome’s alleged inclusion of pirated copies of Windows in computers it sells. The mall was sued over lack of supervision and oversight in the sale of those computers. The move comes as Microsoft is struggling to gain traction in China which, despite a booming tech sector, has also been a haven for piracy, due in large part to relaxed enforcement.

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.

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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.

3 Count: Un-Grooveshark

Jonathan Bailey — Mon, 21 Nov 2011 18:16:24 +0000

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1: Lawsuit Claims Grooveshark Workers Posted 100,000 Pirated Songs

First off today, Universal Music has filed a second lawsuit against Grooveshark, the music streaming service that has users upload tracks for others to listen to. According to the lawsuit, during their discovery in their first, still ongoing, lawsuit, they claim to have found evidence that points to Universal tracks being uploaded by employees of Escape Media Group, Grooveshark’s parent company. This includes Grooveshark’s CEO, Samuel Tarantino as well as Benjamin Westermann-Clark and Paul Geller, both VPs, who are accused of uploading 1,000s of tracks each. Grooveshark, in the first lawsuit, claimed that it is not liable for infringement due to DMCA safe harbor protections, however, if the tracks were uploaded by their employees, those protections would disappear and open Grooveshark up to massive damages. Universal is seeking an injunction against Grooveshark which, if granted, would likely shut the service down.

2: Publisher Drops Copyright Claim, Favors Fair Use

Next up today, Righthaven, the company that has been suing site owners for allegedly reposting content from the Las Vegas Review-Journal and the Denver Post, has conceded its case against Democratic Underground. The site, which had posted a small excerpt of a news article from the Review-Journal, was sued by Righthaven and initially won on the grounds that Righthaven didn’t hold rights to the content it was suing for. However, Democratic Underground countersued Righthaven claiming that the use was a fair one to start with and now Righthaven has conceded that point, likely paving the way for similar outcomes in other Righthaven lawsuits.

3: Game Developers Sue China’s Baidu Over Copyright

Finally today, in China, the Content Provider Union (CPU) has filed suit against Baidu, the country’s most popular search engine, claiming that it provides unauthorized downloads for some 350 games for mobile devices. The lawsuit is seeking some 30 million yuan ($4.7 million) in damages. Baidu says that they did not upload the games and they comply with the law in China.

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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.

3 Count: Dark Spiderman

Jonathan Bailey — Wed, 09 Nov 2011 19:06:24 +0000

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1: Pow! Ousted ‘Spidey’ Director Files Copyright Lawsuit

First off today, Julie Taymor, the former director of the large-budget Broadway musical “Spider-Man: Turn Off the Dark” is suing the producers of the play, Michael Cohl and Jeremiah Harris, claiming that they owe her royalties for all performances since the show’s overhaul in April. According to Taymor, she was a co-author of the much of the dialogue and stage directions used in the show, even after the revamp. Cohl and Harris have said that they have tried to work this issue out with Taymor and that the production “has indeed compensated Ms. Taymor for her contribution….”

2: China Deletes 400,000 Weblinks for Copyright Violation

According to the Copyright Protection Center of China, the Chinese government has deleted some 400,000 copyright infringing links since June 2010. The links include audio and video links found via China’s “round-the-clock monitoring service”. China notifies copyright holders via mail when they find and remove their content from infringing sites and claims to have sent some 2,400 such letters to date.

3: Illusionist Fined for Copyright Infringement After Dutch Court Hears How Trick Really Works

Finally today, magician Hans Klok has been by a Dutch court ordered to pay €12,205 ($16,725) to his former sidekick Van Herck. The suit is over a magic trick in which Klok wrestles with an uncooperative butler before seemingly reaching through his body to grab a glass of water. Herck had said he developed the trick but Klok argued that the trick was not unique, noting other magicians had done it. However, the court felt Herck’s interpretation was original and ordered Klok to pay. Klok has said he will revise his act after the ruling.

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

3 Count: Felony Conviction

Jonathan Bailey — Fri, 03 Jun 2011 16:57:01 +0000

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1: Copyright Office Joins In: Let’s Make Illegal Streaming a Felony

First off today, as her first day as Register of Copyrights, Maria Pallante is making a splash by testifying before the House Judiciary Committee that illegal streaming needs to be upgraded to a felony, bringing it inline with unlawful reproduction and distribution. Pallante’s testimony, which supports the White House’s IP Czar Victoria Espinel, says that technology has changed and unlawful streaming needs to be treated the same as a distribution of a copyrighted work, not a public performance, holding it to the higher criminal standard. The move comes as the rise of streaming services have, in many circles, replaced traditional piracy techniques for obtaining unlawful music and movies.

2: Filesharing Laws ‘Breach Human Rights’

Next up today, a report being filed with the UN says that “three strikes” laws, such as those passed in the UK and France, are a violation of human rights and need to either be amended or repealed. According to the report, the laws, which disconnect alleged file sharers from the Web after a certain number of notices, are disproportionate in nature. The report contradicts a recent high court ruling in the UK that found the laws to be proportionate and proper.

3: Baidu Appeals Copyright Defeat

Finally today, Chinese search engine Baidu has appealed its recent 500,000 yuan ($77,128) court defeat Shanda Literature, who successfully sued them over their documents project. Baidu documents search, unlike its MP3 search, is hosted on Baidu’s servers. Shanda Literature sued Baidu for documents of theirs that were on the service and won in the lower court, prompting the appeal. The appeal is to start no earlier than June 13.

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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.

3 Count: Lime Twist

Jonathan Bailey — Thu, 12 May 2011 17:04:53 +0000

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1: LimeWire, Record Industry in Talks to Finally Bury the Hatchet

First off today, LimeWire may be close to striking a deal to settle its lawsuit with the record labels rather than wait for a jury award. The file sharing service was shuttered last fall and both the company and its found have been found liable for copyright infringement. However, a trial began earlier this week on the issue of damages alone, to decide how much LimeWire owed. It seems though that the case may not make it to the jury as the two sides have had at least three settlement talks, indicating that they may be close to an agreement. The trial is scheduled to last several more weeks.

2: China’s Baidu Fined for Copyright Infringement: Report

Next up today, China’s largest search engine, Baidu, has been ordered to pay 550,000 yuan ($84,722) to Qidian.com for letting users download five novels the company has ownership of. This come shortly after the Ministry of Culture in the company said that they are preparing to take action against the search engine for its controversial copyright policies, which include a popular MP3 search feature and a Books feature that made many text works available for download. Baidu has already filed an appeal of the ruling.

3: French Publisher Starts Second Round Against Google

Finally today, a trio of French publishers have sued Google over its Google Book Search project, claiming that the search giant violated French copyright law by scanning thousands of books they own the rights to. The lawsuit comes after another group of publishers filed and won a similar lawsuit at the lower court level, though they only received a fraction of the damages they had requested. The first lawsuit is currently awaiting a verdict on appeal, making the second lawsuit a bit surprising at this time.

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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.

3 Count: Seeing Starz

Jonathan Bailey — Wed, 04 May 2011 19:13:19 +0000

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1: Lime Wire Jury Chosen as Music Labels Seek Copyright Damages in New York

First off today, the jury has been selected in the LimeWire trial and arguments are expected to begin later today. LimeWire, which was famously shuttered following a lawsuit by the record labels, has already been found to have induced infringement with its former file sharing service, leaving only the issue of damages to the jury. The labels, however, have listed just over 11,000 tracks they are seeking damages for. LimeWire’s founder, Mark Gorton, is also being sued by the labels and is expected to testify at the trial.

2: Disney sues Dish Network Over Free Starz Offer

Next up today, Disney is suing Dish Network for copyright infringement, claiming that the company is violating their copyrights by making the premium Starz channel available for free to certain subscribers. Disney, which licenses many of its movies through Starz, said it only gave permission for their movies to be aired if they were a premium offering. Starz is also suing Dish Network over the debacle, claiming breach of contract.

3: Canada Joins China, Russia in US List of Top IP Scofflaws

Finally today, the U.S. Trade Representative released its annual Special 301 report identifying nations that it felt was not doing enough to protect intellectual property. There were few surprises or changes this year but Canada was moved up in the list to the “Priority Watch List”, a distinction shared by China and Russia. China itself received some praise for its latest copyright crackdowns but was still thought to be ineffective in its enforcement. The Special 301 report opens the possibility of the U.S. seeking sanctions through the World Trade Organization or unilaterally if the nation is not on the list.

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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.

3 Count: PSN Down

Jonathan Bailey — Tue, 26 Apr 2011 15:42:32 +0000

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1: Barbie Mugged by the Bratz In $89 Million Jury Verdict

First off today, we have more information about the outcome of the Mattel/MGA lawsuit over Bratz and it seems it is an even more complete defeat for Mattel than previously indicated. Mattel, who sued MGA claiming that they stole the initial concept for the Bratz line when they hired on a former Mattel employee, who they said created the idea while working for them, not only lost their lawsuit over the line, but also lost a counter-lawsuit filed by MGA where the company claimed Mattel had stolen company secrets. Mattel will now have to pay MGA nearly $89 million. The jury, however, did agree that MGA had agreed with Carter Bryant’s Mattel contract, Bryant being the creator of the Bratz line, and awarded Mattel $10,000.

2: China to Punish Baidu for Illegal Music Search Service

Next up today, Xinhua, China’s official news agency, is reporting that the government is planning on taking punitive action against some 14 sites for providing illegal music, including the country’s largest search engine, Baidu. The nature of the punishment hasn’t been disclosed and Baidu, according to previous statements, is preparing to launch a licensed music service in May. Baidu, however, has promised to take quick action against any files identified by the government. There are fears that the punishment could impact Baidu’s notoriously soaring stock price, which has grown over 50 percent in the past year alone.

3: Playstation Network Shut Down To End Piracy Free-For-All

Finally today, the Playstation Network (PSN) has been down for nearly a week though Sony, the company that operates it, has been rather quiet on the cause. The reason may be because of a hacked Playstation 3 firmware which enabled users to access developer functions on the network and begin downloading Sony content for free. According to a staff member at a PS3 modding site, Sony has taken the network offline while they secure against the hack, which could also, potentially, expose credit card and other sensitive data. This information, however, is unconfirmed and even the person making the claims admits he can not be 100% certain.

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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.

3 Count: Bratz Zumba

Jonathan Bailey — Thu, 21 Apr 2011 16:09:00 +0000

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1: Breaking News: Mattel Loses As Jury Rules in Favor of MGA in Bratz Case (via Twitter)

First off today, early reports state that Mattel suffered a severe legal defeat in its case against MGA over the popular Bratz dolls. A jury today ruled, after two weeks of deliberation, that Mattel does not own the line and MGA is free to continue producing the dolls. The verdict comes after a lengthy trial with months of testimony and a seesaw legal battle that has already involved one appeal and one jury favoring Mattel’s arguments. According to Mattel, the inventor of the Bratz line was working for Mattel when he came up with the line, thus making it their property. However, MGA has denied this, saying he came up with the idea before working for Mattel, and it seems that the jury agreed. This is a breaking story and I will have more information tomorrow and as it becomes available via Twitter.

2: China Says Makes Progress on use of Copyrighted Software

Next up today, China is touting progress in getting its government offices to stop using pirated software, saying that 2/5 of its offices are now using legal software and another 2/5 are in the buying process. According to government officials, they expect all central offices to be in compliance by the end of May and all local or regional offices to be in compliance by the end of October. This comes amid many complaints from other nations, including the U.S., that China is not doing enough to thwart piracy and enforce copyright.

3: Zumba Fitness Files Copyright Lawsuits

Finally today, the company behind Zumba fitness has filed six lawsuits in California and is preparing more both in the U.S. and the UK, targeting sites and individuals who illegally distribute their content. The claims include trademark violations, unjust enrichment and copyright infringement, particularly for the production and sale of counterfeit DVDs. The dance-based fitness system has become wildly popular over the past few years, with an estimate 12 million people taking Zumba classes every week.

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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.

3 Count: Maybe Rogue-ish

Jonathan Bailey — Wed, 06 Apr 2011 16:46:39 +0000

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1: US Lawmakers Renew Push for “Rogue Websites” Bill

First off today, a bipartisan group from both chambers of Congress have announced that they are renewing their push for legislation to enable the blocking and banning of so-called “rogue” websites that are for the purpose of infringing copyright. COICA, as it was known last year, did not receive a full vote before the Senate, despite sailing unopposed through committees. However, a new version is expected to be introduced shortly in both chambers.

2: Google boots Grooveshark from Android Market

Next up today, Google has booted the Grooveshark app out of the Android Marketplace citing copyright concerns. Grooveshark works by having users upload their music to the service and have others stream the content. Though Grooveshark has struck deals with at least one record label, EMI, others are currently suing the company, including Universal, claiming that the service is infringing. Apple had previously removed the iPhone version of the app out of its App Store in August of last year, forcing iPhone users to jailbreak their phone to use the app if they wanted it.

3: Baidu to Launch Licensed Music Service in May

Finally today, China’s largest search engine, Baidu, has announced that it will be working with record labels to launch a licensed music service. Currently named Baidu Ting, the new service will allow users to stream and download licensed music directly from Baidu. The move comes as authors have ramped up a campaign against Baidu’s digital document service, seeing Baidu make concessions there on the issue of copyright. Baidu has said that it is in talks with the major international record labels to try and work out deals with them for the service, however, those record labels have repeatedly taken Baidu to court over its MP3 search service, which allows users to easily find and download pirated music files.

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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.

3 Count: Baidu You Too

Jonathan Bailey — Fri, 01 Apr 2011 14:49:38 +0000

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1: China’s Baidu to Compensate Songwriters for Music Downloads

First off today the Chinese search engine Baidu has announced that it will now start working with Music Copyright Society of China to pay royalties to songwriters for every file downloaded via its MP3 search service. Baidu had been repeatedly slammed for making it easy to find links to pirated music files, including being labeled a “notorious market” in a recent U.S. government report. But while Baidu is now offering payments to songwriters, record labels will not receive any compensation as that, according to Baidu, would require a separate agreement.

2: Film Company Suing Thousands of Pirates Might Have A Big Problem

Next up today, Camelot Entertainment Group, which had been suing over 5,000 alleged files sharers over the largely unknown B movie “Nude Nuns with Big Guns” may have a problem with their litigation. The company, which took a loan out to purchase the rights to the movie along with over 800 other titles, has had that loan foreclosed upon after they failed to make payments. That means Incentive Capital. the firm that loaned Camelot the money, is now the rightful film owner, putting Camelot in the position of suing for a movie they hold no rights in.

3: Northwestern ‘Cage Match’ Canceled Due to Copyright Issue

Finally today, a charity marathon at Northwestern University has been postponed indefinitely due to unspecific copyright issues. Students had been planning to hold a “Cage Match” where they would watch some 16 Nicholas Cage movies back-to-back without breaks to raise money for the charity. The event was to be livestreamed over the Web, with only the students being shown and not the movies. Proceeds from the event were to go to Amnesty International. It is unclear what copyright issues prompted the move.

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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.