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

It was a big week for copyright news and it seems a lot of stories just missed the cut off. If you’re someone who buys software, wants to protect your intellectual property or just likes watching a bit of television, this is a show you don’t want to miss.

This week’s stories include:

• 9th Circuit Upholds EULAs, Blocks Software Resale
• Microsoft Works with Russian NGOs to Prevent Raids
• Switzerland Rules IPs to be Private Data
• British ISPs to Shoulder Some Cost of Piracy Enforcement
• Online “Cable Company” Rides Legal Fine Line
• Righthaven Passes Two Key Challenges

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: No, You Don’t Own It: Court Upholds EULAs, Threatens Digital Resale

First off today, in the case of Vernor v. Autodesk, which saw Autodesk go after a businessman who was reselling licenses of their AutoCAD design software on eBay, the US Court of Appeals for the Ninth Circuit overturned a lower court ruling and found that the license agreement that came with each seat of AutoCAD meant that the works were licensed, not owned, and could not be resold. This has the potential to almost eliminate the right of first sale for digital works. Right of first sale allows the resale of legally-purchased copyrighted works so long as no new copies are made. This could affect virtually all digitally distributed works as even music sold through Amazon and iTunes has similar language in their licensing agreements.

2: How an Anti-Piracy Firm Became Banned In Its Own Country

Next up today, Switzerland-based Logistep has been ordered by the Swiss High Court to stop harvesting IP addresses from suspected file sharers saying that the information is private and should not be collected without user permission. This comes after a very long battle with the Swiss government that first saw the Swiss data protection authority file a recommendation that Logistep stop its collections in 2008, which in turn kicked off the legal battle that reached the High Court and now can not be appealed.

3: Start-Up Rides Copyright Gray Area to Offer Live TV Online

Finally today, the new ivi plans on offering a live streaming service for television and will offer access to 20 different channels including ABC, NBC, CBS, Fox and PBS for about $5 per month. Though copyright questions are legion, the company claims to have found a loophole. By calling itself a cable company, it can provide the streaming service but, as a Web-only company, is outside the jurisdiction of the FCC and thus able to avoid retransmission fees. It is unclear how courts will rule on ivi’s practices but it seems certain that a legal challenge will be forthcoming.

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’s a special podcast update today as, earlier this week, I joined host Denise Howell as well as panelists Evan Brown, Colette Vogele and Rick Klau for the TWiT Network’s This Week in Law Podcast.

It was a great podcast with lots of great conversations and in-depth discussions on legal issues facing the Web today. Among the topics covered included:

• TweetCC and Creative Commons on Twitter
• The Facebook TOS Dust Up
• CC Licenses and Blogs
• EULAs on Blog Platforms
• How I Spent My Mardi Gras
• And Many more…

If you’re interested in listening to the podcast, you can do so at this page or you can subscribe to TWiL via RSS, something I HIGHLY recommend.

Show Talking Points

In other news, eBay won out over Tiffany in their long-running dispute, Mahalo Daily gets suspended from YouTube (don’t worry, they’re back now) and the “I’m a Jerk” defense finally makes its way into a bittorrent legal dispute.

Remember, as usual, this week’s linkroll is a “raw” link list. Some stories are duplicated, some do not point to their original sources and some may not be accurate. A great deal of refining goes into producing the show notes for the Copyright 2.0 Show.