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

It’s a tech theme this week as Patrick and I not only go over some video game news, both personal and copyright-related, but we also go in-depth with Apple’s iCloud offerings and compare them to Amazon and Google’s offerings. Outside of the tech world, we have political news as a report filed with the U.N. calls Internet access a human right and we even have some rap news as Eminem prepares to go to battle with Audi in Germany over a very similar ad to his famous Chrysler commercial here in the states.

This week’s stories include:

• Apple Announces iCloud and iTunes Match
• U.N. Report Calls Web Access a Human Right
• Music Industry Backtracks on Disconnecting Pirates
• Lawsuit against CBS/CNET Shrinks Dramatically
• Eminem Sues Audi
• Duke Nukem Forever Leaked on Bittorrent

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: Eminem Sues Audi Over Ad’s Use of “Lose Yourself”

First off today, rapper Eminem, through his publisher Eight Mile Style, has filed a cease-and-desist order in Germany against the auto manufacturer Audi, who used his song “Lose Yourself” in a recent commercial. The song was famously in a commercial for Chrysler here in the U.S., in an ad the debuted during the Super Bowl. The publisher has said that they will seek damages in this case. Further filings in this matter are expected.

2: Music and Film Industries Split Over Pirates

Next up today, in Australia the music industry has reversed a previous position calling for suspected pirates to be disconnected from the Web and has instead called for other measures to be taken that don’t include it. The music industry, though its local trade organization MIPI, has broken ranks from the film industry and its trade group, AFACT, which endorses such measures. The move comes after a UN report called the disconnecting of suspected file sharers a violation of human rights and said that laws in other nations would either have to be stricken or amended.

3: Joost de Valk Accuses WPMU DEV of Copyright Infringement, Sends Cease and Desist

Finally today, WordPress developer Joost de Valk has filed a cease and desist letter with James Farmer, the owner of WPMU.org, a WordPress development company, claiming that their WPMU DEV SEO WordPress plugin “copied large chunks of code” from his WordPress SEO plugin. According to the notice, and his blog post on the topic, de Valk does not take issue with the copying itself since his plugin is released under the GPL, but rather the stripping of his copyright headers. MPMU.org responded briefly calling it a “mistake” but after the reply caused controversy of its own the response was pulled 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 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: Google Vows to Fight Antipiracy Bill Even if Passed

First off today, Google has vowed to fight the PROTECT IP bill now before Congress in the U.S., even if the bill makes it to law. The bill would, in part, require search engines, like Google, to remove infringing sites and may also result in sites being blocked by ISPs. Google’s chairman Eric Shmidt said in a statement that Google would not comply with any such law if it were passed. This caused a backlash from both the MPAA and RIAA, the former of which accused Google of attempting to profit from illegal activity. Other Google representatives took a much more conciliary tone, saying that they would work with lawmakers to make sure that PROTECT IP was properly targeted.

2: Why Eminem Isn’t Getting Money From The Universal Suit (Yet)

Next up today, Eminem’s recent royalty victory over Universal Music Group, his label, may not actually net him any profits directly. The suit, which stems over royalties owed for digital downloads, was filed by FBT Productions, the company that first signed and produced Eminem. The victory, which may be worth as much as $30 million pending on the outcome of a trial on damages, will not see any of the money go to the rapper. According to experts, he will have to go separately to Universal and either sue directly or negotiate for his settlement. There is no word yet if Eminem intends to do that.

3: Baligam sues Groupon for copyright infringement

Finally today, coupon company Baligam is suing the U.S. company Groupon for both copyright and trademark infringement. According to Baligam, Groupon used content from the company to steal search engine traffic away from them during Groupon’s run up to its introduction in Israel. Baligam notices the alleged infringement when they were searching for their name in Google and found a landing page for Groupon’s future Israel expansion near the top of the results. Baligam says they contacted Groupon to have them stop using the content but it was to no avail. Groupon officially entered the country through its acquisition of Baligam’s former competitor Groupler. The lawsuit seeks NIS 550,000 (approx $155,00) 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 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 is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.

After two more weeks away due to Patrick’s trip to SXSW and a lot projects on my end, we’re back with another edition of the copyright 2.0 Show and it is a doozy as we try to catch up on three weeks worth of news. However, lest you think we’re only covering the old news, this week’s biggest story broke literally hours before recording.

However, even with all of the copyright news this week, we set aside some time to talk about Patrick’s SXSW presentation, how he met a mutual friend of ours and just how awesome and unforgettable he really is.

This week’s stories include:

• Judge Strikes Down Google Book Search Settlement
• The AP Settles Another Fairey-Related Case
• Judge Limits Possible LimeWire Damages, Somewhat
• Righthaven Loses an Ugly Fair Use Ruling
• Eminem May Get More Royalties
• And 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: Eminem’s Side Wins $40M to $50M Victory as Supreme Court Lets Royalties Ruling Stand

First off today, a company representing rapper Eminem, F.B.T., won a silent victory as the Supreme Court refused to hear an appeal in their ongoing royalty dispute with Universal Music. At issue is the royalty rate over digital downloads, which were not an explicit part of Eminem’s original contract. According to the labels, the royalty rate should have been the same for other sales, 18% but F.B.T. said that it was a licensing issue, thus driving the royalty up to 50%. The lower court agreed with Universal but the Appeals Court reversed that ruling, siding with F.B.T. The Supreme Court, by refusing to hear the appeal, is allowing the Appeals Court ruling to stand.

2: 100 Domains On Movie and Music Industry Website Blocking Wishlist

Next up today, even as the Digital Economy Act in the UK faces legal challenges from ISPs, the movie industry is ramping up its preparations to block specific “pirate” websites. Ofcom, the regulatory organization handling much of the rulemaking for the Digital Economy Act, has been asked to do a feasibility study on the issue of blocking domains but the movie industry isn’t waiting for a favorable report and has already prepared a list of 100 domains they want blocked. According to the movie studios, they would prefer to block domains rather than warn suspected file sharers as the latter process is more drawn out and expensive.

3: The Council Chief, the Photographer and a Bizarre Copyright Dispute

Finally today, the Ipswich Evening Star has found itself in a bizarre copyright dispute with photographer Robert Johns. The paper had printed an piece claiming that the Suffolk county council had paid Johns £1,475 to take photos of the council’s chief executive, Andrea Hill for publicity purposes. However, when the paper used at least one of the photos as part of their coverage of the matter, Johns posted a comment to the article claiming the use to be copyright infringing. No lawsuit has been filed but Johns has also taken the matter to his site, pointing out what he says is inaccuracies in the story.

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 Delays Google Books Hearing

First off today, in a move that was widely expected, the judge in the Google Book Search case has postponed the fairness hearing scheduled for early next month. The settlement, which is between Google, the Author’s Guild and various publishers, would have allowed Google to display and sell copies of out-of-print but in-copyright works on their site. This included works of those not directly involved in the lawsuit.

Also immediately after it was announced the settlement came under sharp attack from authors not wishing to participate, then other companies feeling it would be an unfair advantage for Google, then from other nations worried about their author’s rights and then, in recent weeks, criticisms from both the U.S. Copyright Office and Department of Justice. This prompted all involved parties to ask for a continuance on the hearing so they could rework the settlement, a continuance that has now been granted.

What this effectively means is that the settlement, as written, is likely dead and will probably go through significant readjustment before being presented again.

2: Two More Pirate Bay Appeal Judges Accused of Bias

Next up today, two out of the three judges that make up the Pirate Bay appeal panel have come under scrutiny for potential bias.

One judge, Ulrika Ihrfelt, was previously removed from the bias investigation of the first Pirate Bay judge Tomas Norström, after it was found she was a member of several pro-copyright organizations. She faces similar allegations to Christina Boutz.

However, the more interesting case involves the planned “lay” judges (which is somewhat similar to a jury), who is an employee for Spotify, which is partly owned by the record labels. He may be barred from this case though the defense has not posted an objection, likely due to the fact he is also a programmer that co-hold a patent with the founder of uTorrent and has ties with a technical university that has strong support for Sweden’s Pirate Party.

The appeals court has two weeks to weeks set aside in November to hear the appeal in The Pirate Bay case.

3: Trial Against Apple Concerning Eminem Music Downloads Starts Up

Finally today, the trial between Apple and rapper Eminem’s publisher started yesterday and, in the opening arguments alone, there was already a revelation.

According to Eight Mile Style LLC, Eminem’s publisher, Apple did not have adequate permission to make available 93 of the artist’s tracks for download. According to Eight Mile Style, Aftermath Records, which was founded by Dr. Dre and is also a defendant in the suit, did not have clearance to offer Apple such a deal.

However, in the opening arguments it was revealed that Eminem and his publisher have been receiving royalties for their iTunes downloads, have been cashing the checks and continue to do so. This certainly puts the focus back on Eight Mile Style and how it has handled the alleged infringement and lead to accusations from Apple’s attorneys that they were attempting to both obtain their royalties and a share of Apple’s profits.

The trial is ongoing.

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: Eminem, Apple to face off in Detroit court

First off today, in a music-themed edition of the 3 Count, attorneys for rapper Eminem and his publisher, Eight Mile Style LLC, are expected to go to court today as their trial against Apple begins. The rapper contends that Apple never obtained rights to make 93 of his songs available via iTunes and have earned over $2.5 million in revenue from them.

Settlement negotiations between the two parties broke down over night and it appears that the case is destined to begin as a trial in a Detroit courtroom today. Obviously this is a case we will be following very closely both here and on the Copyright 2.0 Show.

2: Felix Da Housecat and DJ Hell Embroiled in Controversy Over Clearance of Diddy Featured “The DJ”

Longtime Sean “Diddy” Combs collaborator Felix Da Housecat is accusing DJ Hell of plagiarism following the use his vocals on a track released by DJ Hell. The long and short of the story appears to be that Felix and Diddy created a song entitled “The DJ”. Felix then gave DJ Hell a CD with unreleased outtakes from the CD, of which at least one of those vocals appeared on DJ Hell’s Teufelswerk album, which itself had guest spots from Diddy.

It appear that DJ Hell sought and obtained permission for the use of the vocals from Diddy but, according to Felix, did not do so from him. Felix, to prove the vocals were his, released the unedited vocal track as a free download, where shouting can be heard that was apparently edited out of the track Hell created.

The battle is currently being played out solely over Twitter and comments in the media. There is no word yet if this will become a legal matter.

3: Lily Allen Deletes Pro-Copyright Blog and Ends Career

Finally today, musician Lily Allen has closed her controversial copyright blog, an announcement that came shortly after she announced the end of her musical career.

The closure came after it was discovered Allen was hosting unauthorized mixtapes on her site. According to Allen, the tapes were created about five years ago and she “didn’t have a knowledge of the workings of the music industry back then. However, the revelation seemed to be the final straw. Her anti-piracy credentials already under siege following her alleged plagiarizing a post from the site TechDirt and and also including scans of newspaper clippings on the site.

Allen also announced that she “will not make another record”, effectively ending her career in recorded music.

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.