This week’s news has a decidedly international flare but not before we cover some ground in the tech world, namely why it might be harder for your computer to get time and date information. Beyond that we have a major political party adopting the Pirate Party platform in the EU, an appeal of the Digital Economy Act in the UK and an update on how “three strikes” is working out in France. Just to name a few stories.

All in all, this is an episode that you do not want to miss.

This week’s stories include:

• Copyright Suit Caused Date/Time Database Server to Go Down
• ISPs Get Clearance to Appeal Digital Economy Act
• EU Greens Adopt Pirate Party-Like Platform on Copyright Matters
• HADOPI Posts Annual Report, Gives Numbers on “Three Strikes”
• Australians to See Mass Bittorrent Lawsuits
• Is It Legal To TiVO Radio?

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: France Acts Against Net Pirates

First off today, HADOPI, the French organization that is overseeing that nation’s “three strikes” law, announced that it has some 60 alleged file sharers that are on their third notice and may get their Internet access cut. The organization sent out 650,000 initial warning letters and 44,000 second warnings but, so far, only sixty have ignored both and now face additional action. Those 60 will be visited by a government advisor who will assess the circumstances and provide insight on what action may be appropriate.

2: Australian Individuals Targeted for Movie Piracy

Next up today, Australia is the newest target of mass file sharing lawsuits. as a group name the “Movie Rights Group” has sued some 9,000 unnamed defendants in the country for allegedly sharing the movie “Kill the Irishman”. The move follows similar litigation tactics, which have struggled in the US and the UK.

3: Is It Legal To TiVo The Radio?

Finally today, the Spanish-language media giant Univision is threatening to sue DAR.fm, a site that makes it possible to safe radio programs for later listening, similar to what TiVO does for television. Though format and time-shifting programs is generally considered to be legal, DAR offers a paid service where users can shift their saved radio shows to other devices, such as MP3 players. The law seems to forbid such commercial copying. DAR is owned by Michael Robertson, who is probably best known for his site MP3.com and the lawsuits the eventually closed it.

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: Google, La Martiniere Reach Settlement in French Protected-Works Dispute

First off today, Google and French publisher La Martiniere have settled their differences over Google Book Search, which scans and indexes printed books much as Google does with Web-based content. The deal resolves a long-standing lawsuit between the two and a 2009 judgment against Google ordering them to stop scanning La Martiniere subsidiary works and pay 300,000 euros ($433,000) in damages. The terms of the deal were not disclosed but most of the revenue earned from the posting of La Martiniere works and sales of their books through Google’s Ebook platform will go to rightsholders.

2: Righthaven Says Foe is Jeopardizing its Due Process Rights

Next up today, Righthaven, a Las Vegas company that has filed some 275 lawsuits over unlicensed use of content from the Las Vegas Review-Journal and the Denver Post, is claiming that the EFF and Citizens Against Litigation Abuse are attempting to stifle their due process rights. Specifically, Righthaven objects to an EFF friend of the court brief that asks the judge to dismiss Denver lawsuits with prejudice or as summary judgments. According to Righthaven, this is unprecidented for such a brief to make such a request and doing so would violate their rights to refile the cases when contract issues are cleared up. Some 30+ Righthaven lawsuits in Denver may be dismissed due to allegations Righthaven does not have proper grounds to sue.

3: Yes, He Sold Fakes. They Are Supposed to Be Fake.

Finally today, police in New York arrested Wing Sun Mak on two counts of copyright infringement. What makes the case unusual is that Mak operates a funeral store in the city, which specializes in selling crude fakes of luxury items, usually made of paper and cardboard, for the purpose of burning at funerals, which a custom at many Chinese funerals. At issue specifically were fake outfits made to look like Louis Vuitton’s and Gucci items. Mak has rejected a plea offer and plans to defend the case.

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: Judge Won’t Give Back Sports-Streaming Domain Seized By ICE

First off today, a judge has decided that the site Rojadirecta will not be getting its domain back. Immigrations and Customs Enforcement (ICE) seized the domain, along with dozens of others, over alleged copyright violation. Rojadirecta sued ICE, claiming that it was a violation of their free speech rights. However, the judge apparently disagreed with Rojadirecta, saying that the site was used primarily for copyright infringement, namely posting links to copyrights sports streams, and would not suffer “substantial hardship” due to the revocation. Rojadirecta has resumed business using it’s Spanish domain.

2: Rapper Lil Wayne Slapped With $15 Million Lawsuit

Next up today, rapper Lil Wayne has been sued by Done Deal Enterprises, a Georgia-based production company, which claims that he stole his song “Bedrock” from them. The song, which also featured Drake, Nicki Minaj and Lloyd, rose to number 2 on the Billboard charts last year. The suit is seeking $15 million in damages and lists Universal Music Group, Cash Money Records and Young Money Entertainment as defendants.

3: After Much Ado, a Google Book Deal in France

Finally today, in France Google has managed to strike a deal with publisher Hachette Livre that will allow it to scan and post online tens of thousands of French book as part of its Google Book Search project. The deal comes as a similar one in the U.S. was dismissed by a judge. However, the French deal does have a major distinction in that the publisher gets to opt in on which books they wish to allow, something Google has resisted in the U.S.

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: George Lucas Loses U.K. ‘Star Wars’ Copyright Case

First off today, Andrew Ainsworth, a London-based prop designer who first created the iconic “stormtrooper” helmet for the first Star Wars movie, has won a legal battle against the movie’s director, George Lucas, that will allow him to continue to sell copies of the helmets made from the original mold. The Supreme Court upheld a 2009 Appeals Court ruling that said the helmets were costumes, not sculptures, and thus were not protected by copyright law. However, the court also ruled that Ainsworth had violated copyright law in the U.S, thus barring him from exporting his helmets here. Ainsworth, however, had already stopped shipping to the U.S. after losing a similar court case in the U.S.

2: News Aggregator Loses Online Copyright Appeal

Next up today, UK news aggregator Meltwater lost its appeal against the Newspaper Licensing Authority (NLA) which said that, as a distributor of aggregation software, its end users must get licenses from the NLA or respective publishers to use their content. This lawsuit began in September 2009 after the NLA introduced a licensing scheme that made such a requirement and, though 22 aggregators and 280 companies signed on, Meltwater did not and opted instead to litigate.

3: French Downloaders Face Government Grilling

Finally today, ten alleged file sharers are being called before HADOPI, the organization overseeing the nation’s three strikes system, to explain their actions. The users each have been the subject of three reports of copyright infringement via their Internet connection and are not being asked to explain their actions. HADOPI, if the user doesn’t show or doesn’t provide a compelling explanation, may take the matter before a judge who can issue a fine of up to 1,500 euros or diconnect them from the Web for a period of a month. Some say that conviction may be difficult as HADOPI only has their IP address but the group says that they have additional proof in that the users received the second warning letter and took no other action.

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: French Copyright Cops: We’re Swamped with “Three Strikes” Complaints

First off today, Hadopi, the organization overseeing France’s “three strikes” system released statistics of their efforts so far and it seems the majority of requests they’ve received have not been passed on. The group has received some 18 million copyright complaints against Internet users in the country and, of those has, forwarded fewer than 1 million onto ISPs. Of those they’ve forwarded, they’ve sent out some 470,000 initial warnings and, of those, some 2,000 are on their “second strike” and another 10 or so have received their third and may face repercussions, including possible disconnection. Hadopi said the reason for the slow output is first technical, due to their use of a prototype system due to be replaced at the end of the year, and philosophical, not wanting to punish people blind and instead give users time to adjust.

2: Lady Gaga’s YouTube Restored After Copyright Issues

Next up today, Lada Gaga, whose YouTube account was shuttered following a copyright complaint from a Japanese TV network, has had her account restored. The account, where she posts many of her official videos, was closed due to what YouTube called repeated and/or severe copyright complaints. How the account was restored is unclear as neither Gaga nor her representatives answered questions on the matter.

3: Belgian Newspapers: Google Blocking Us on Searches

Finally today, Belgian newspapers are claiming that Google has blacklisted them from Google following a recent lawsuit which saw the papers win in a Belgian Court against Google over their Google News product. According to Google, they were forced to block the sites as the court order offers stiff penalties to Google for continuing to display the newspapers’ content and doesn’t distinguish between Google and Google News. The newspapers, however, rebuke Google’s interpretation saying that the order only applies to Google News.

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: Rihanna Facing Another S & M Lawsuit From Second Photographer

First off today, the musician Rihanna and her label are facing a second copyright infringement lawsuit over the her music video for the song “S&M”. Photographer Phillip Paulus sued the singer after settlement negotiations broke down claiming that the video too closely imitates several of his photographs, recreating key elements of them, including the set and staging. Paulus follows in the footsteps of another photographer, David LaChapelle, who sued Rihanna for similar reasons in February. Rihanna and her label had no comment on the suit.

2: Site Admin To Pay $185,000 Damages For Providing Keywords

Next up today, a Frenchman by the name of Sébastien Budin is being ordered to pay some 130,000 euros ($185,000) in damages to the movie studios for a site he used to run, Station-Divx. The fine, which was recently upheld by an appeals court, is unusual because Budin never provided links to infringing material nor did he offer files for download on his site. Instead, his site was a guide for keywords that one could search for on the eMule file sharing network. Budin has been convicted now in two courts of contributory copyright infringement for his actions and, in addition to the damages, faces a 3,000 euro ($4,200) fine and a 1 year suspended sentence. Budin plans to appeal the decision to the EU courts.

3: Righthaven Says It Owns News Articles It’s Suing Over — for Real This Time

Finally today, after suffering setbacks in three of their cases, Righthaven is asking the judge to reopen its case against Democratic Underground claiming that they have amended their contract with Stephens Media and have grounds to sue now. According to the company, which has filed over 200 lawsuits against websites that have reused content from the Las Vegas Review-Journal and the Denver Post, the agreement between them and Stephens Media, the mutual parent of them and the Review-Journal, has been amended to give them the needed standing to sue, the grounds on which the judge previously tossed their claim. However, the judge in earlier hearings did not seem to impressed with the changes, calling them “cosmetic” making it debatable if the new agreement is adequate in her eyes.

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: 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.

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: Senate Panel OKs Controversial Antipiracy Bill

First off today the PROTECT IP Act has made it past the Senate Judiciary Committee. The law, which gives the Department of Justice the authority to force search engines, advertisers, payment processors and DNS providers to block access to or stop doing business with suspected pirate sites, sailed through the committee unanimously and is headed for the larger Senate. Critics of the law fear that it could be used to censor the Web and some, including Eric Schmidt of Google, have said that they will fight the bill if passed.

2: Major Vulnerability Found in Leaked Anti-Piracy Software

Next up today, in France, Trident Media Group, a company that was collecting IP addresses for the country’s “three strikes” law and HADOPI, the group that oversees the law, was hacked and had some of its server software leaked. That leak has been turned around as the software is loaded with security holes including bugs that may allow an attacker to take over their server and use it as part of a DDOS attack. HADOPI has already suspended Trident’s involvement with the law pending an investigation into the leak but it seems likely they will not be back online until after making some updates and fixes to their servers.

3: Private Sues High-Traffic Tube Site XHamster.com

Finally today, adult entertainment company Private Media Group has filed a lawsuit against WhoisGuard, a domain name privacy service, to seek the identity of the owner of the site xHamster, a YouTube-style site for sharing pornographic videos. The lawsuit is just the latest in PMGs legal campaign against so-called “tube” sites. The list of other sites sued include SkimTube.com, EskimoTube.com, EmpFlix.com and TnAFlix.com among others. Those cases are 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 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.

It was a busy week for the Copyright 2.0 Show with, quite possibly, one of the most important settlements in recent copyright history and a possibly history-making copyright proposal in the U.K. There was also some news from France as its “Three Strikes” system gets put on hold due to hacking and we even hear some from Righthaven, who appears to be on the run from yet another counter-offensive.

That being said, we (meaning I) made one mistake on this week’s podcast. In our discussion of the Hargreaves report I said that it included a U.S.-style fair use provision when in truth it does not. I apologize for the error.

But despite the misstep, we still have a lot of great copyright news including the following stories:

• LimeWire Settles with the Record Labels
• Copyright Reforms Like on the Way in the U.K.
• HADOPI Firm Gets Hacked, France Suspends Anti-Piracy Activities
• Righthaven May Be Facing a Class Action Counterclaim
• A Copyright Levy on Memory Cards?
• 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.