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

1: Megaload Founder Kim Dotcom Denied Bail on US Charges

First off today, Megaupload founder and CEO Kim Dotcom has been denied bail by a New Zealand court. Dotcom was arrested, along with six employees, after U.S. authorities moved to shutter his site over allegations of copyright infringement, racketeering and money laundering. According to the judge, Dotcom was a flight risk due to his wealth, international connections and history of fleeing charges. If convicted of the charges he faces, Dotcom could be sentenced to 20 years in prison. Megaupload, along with its sister sites, remain closed and have been seized by the FBI.

2: Planned Copyright Changes Could Stop Authors Writing for Schools

Next up today, authors in the UK are worried that proposed changes to copyright law in the UK could result in fewer authors writing for schools. The changes, which are designed to increase access to copyrighted works by educational institutions, risks giving authors who write for schools fewer royalties. As such, many have said that they would either have to scale back or stop working on books and content for schools as a result. Under the current system, schools pay an annual license to copy and distribute such works but, under the proposal, those fees could be greatly reduced or even dropped.

3: British Publisher Puts Plans to Publish Mein Kampf Excerpts in Germany on Hold

Finally today, a UK publisher that had planned to publish 3 16-page excerpts of Adolf Hitler’s book “Mein Kampf” in a German magazine has put its plans on hold. The German state of Bavaria holds the copyright to the book, at least until it expires in 2015, and had has used that copyright to prevent publication with in Germany. The state had threatened legal action against the publisher, which planned to publish the segments along with commentary on them in a German magazine. However, due to the threats, the publisher has put the plans on hold and will only be running the commentary in the magazine.

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.

This episode of the Copyright 2.0 Show was something of a special one. It was recorded on January 18th, in the middle of the SOPA “blackout” protests and, as part of it, we have a very long conversation on the Stop Online Piracy Act as well as the protests and the effect that they were having at that point.

However, there was no rest for us as we also had to make room for a slew of other copyright news including an important Supreme Court decision, a copyright controversy around “Mein Kampf” in Germany and one major video game developer backing down from their pirate hunt.

And that’s just the beginning!

This week’s stories include:

• SOPA Protests Black Out Web, Turn Legislators
• Supreme Court Approves Re-Copyrighting Public Domain Works
• “Mein Kampf” to be Republished in Part, in Germany Against Rightsholder Wishes
• CD Projekt RED Stops Hunting for Pirates
• ACS:Law Founder Suspended From Practicing Law
• Warhol Foundation and Velvet Underground Square Off Over Banana Image

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: Google Protest of Anti-Piracy Upends Lobbying

First off today, with the SOPA/PIPA “blackout” protests behind them, anti-SOPA advocates are tallying the results. So far, that includes 9 co-sponsors of the bills, including 5 in the Senate and four in the House, that have withdrawn their support for the bills. The two bills, which were being rewritten prior to the protests, would both have allowed copyright holders and the Attorney General to obtain court orders requiring ISPs to block access to “rogue” websites existing primarily for the purpose of copyright infringement. Copyright holders also could have ordered payment processors and advertisers to stop giving money to such sites. The bills are both being redrafted following a rebuke from the White House on the site blocking provisions.

2: Grooveshark Forced Offline in Germany by Copyright Organisation

Next up today, music streaming service Grooveshark has been forced to disable access to German listeners due to a protracted legal fight against the local music rights group GEMA. According to Grooveshark, “disproportionately high operating costs” in the country are forcing the move and the site, in its notice of closure, is asking its users to send a “polite” letter to GEMA over the matter. Grooveshark will continue to serve other countries, including the U.S., where it is being sued by all four of the major record labels over its service. Grooveshark, however, claims to be protected by DMCA safe harbors as the music it streams is uploaded by users.

3: Oracle Offers to Drop Patent Charges Against Google, to Speed Trial

Finally today, Oracle, in a filing made Tuesday in its ongoing case against Google, has offered to put on hold its patent claims if the court will hear its copyright ones more quickly. According to Oracle, Google misappropriated elements of the JAVA language in building their Android operating system, including both patent and copyright violations and is seeking both damages and an injunction against Google. However, disputes and challenges over damage estimates in the patent portion of the case has slowed the case to a halt, thus prompting the move. Google strongly denies the allegations.

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: Web Protests Piracy Bills, and 2 Senators Change Course

First off, today marks the day of the scheduled protests against the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) as several major websites, including Reddit and Wikipedia, have turned their sites dark for all or part of the day. In face of the protests, two key Senators, Marco Rubio of Florida and John Cornyn of Texas have announced they are dropping their support for both bills. Rubio, a former sponsor of PIPA. The two bills would allow copyright holders to get court orders forcing ISPs to block access to certain “rogue” websites and also require, advertisers and payment processors to cut off funds to such companies. Opponents, however, feel that the legislation could be misused to shut down almost any website and censor free speech.

2: Supreme Court Backs Copyrights for Foreign Works

Next up today, the U.S. Supreme Court ruled in that a Congress has the right to take works that were once in the public domain in the U.S. and put them back under copyright protection. The lawsuit stemmed from a challenge to the Uruguay Round Agreements Act of 1994, which extended copyright protection to a variety of foreign works that previously did not have it as their countries had no existing copyright relationship with the U.S. That changed, however, after the U.S. became a signatory to the Berne Convention and the Uruguay Round of negotiations. According to the court, Congress acted in the “best interest” of the country with the bill and, with a 6-2 vote, upheld its right to apply copyright protection to public domain works. The challenge was brought by a group of orchestra conductors, performers and educators but was also backed by Google.

3: German State Says Publication of ‘Mein Kampf’ Excerpts Might Violate its Copyright on Book

Finally today, the German state of Bavaria has said that a plan by a UK publisher to print three 16-page segments of Adolf Hitler’s “Mein Kampf” may violate their copyright in the book. The publisher, Peter McGee, plans to publish the segments along with commentary critical of the work. “Mein Kampf”, an anti-semetic trieste was written by Hitler while imprison in Bavaria following the 1923 Beer Hall Putsch. After World War 2, the allies agreed to give the state rights to the work and Bavaria has used those rights to prevent almost all republication of it. However, those rights will expire in 2015, 70 years after Hitler’s death.

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 Slams Attorneys in ‘South Park’ ‘What What (In the Butt)’ Copyright Lawsuit

First off today, a judge has ruled in favor of the TV show South Park and its owners, Comedy Central and Viacom, saying that their use of the YouTube sensation “What What (In the Butt)” was a clear fair use. The lawsuit, which was brought by Brownmark Films, who made the original video featuring the artist Samwell (who is not involved in the lawsuit), after South Park in an episode entitled “Canada on Strike” did a parody of the video with South Park characters singing the song. According to the judge, who had previously dismissed the suit in July, the use was a clear cut case of fair use and has now ordered Brownmark to pay Viacom’s legal bills, totalling over $30,000 in the case. However the judge has offered to reduce the fees further if Brownmark can show it is unable to pay. That being said, Brownmark is appealing the ruling so those fees could actually rise.

2: Copyright Trolls Auction Off €90 Million in File-Sharing Settlements

Next up today, in Germany, the law firm Urmann has been very active in suing and seeking settlement from suspected file sharers. However, in an attempt to extract some revenue from defendants that haven’t settled, the company is looking sell the “debt” to a collection agency. At stake is some 70,000 defendants who, according to Urmann, owe 1286.80 Euros each, meaning about 90 million Euros ($120 million) in total if every case is settled. This would be the first such sale of its type though there is no indication as to how much Urmann is hoping to get for the sale but it seeking bidders among debt collection agencies.

3: World Media Infringes Copyright To Show More Of Angry Birds

Finally today, photographer Matti Matikainen took a photo of Teija Vesterbacka, the wife of Rovio CEO Peter Vesterbacka wearing an Angry Birds-themed dress in honor of Rovio’s popular game. However, Matikainen’s photo ended up being spread far and wide, including appearances on Techcrunch, LA Times, Dailymail and Mashable among others, all without licensing or payment. Matikainen’s friend and colleague, Kari Kuukka, took to his blog to talk about the issue and about how the free exchange of photos online is kiling the licensing market, hurting many photographers.

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: RIAA Wants ReDigi Out of the Business of Selling “Used” iTunes Tracks

First off today, music retailer ReDigi has received a cease and desist notice from the RIAA claiming that the company is infringing on the rights of musicians by reselling “used” iTunes tracks. ReDigi’s process verifies that the tracks are legally bought and then removes all copies of it from the original computer and then puts it up for resale on their site at a drastically reduced price. According to the RIAA, this remains an infringement as copyright law does not allow an owner to make a copy of a file, resell the copy and then destroy the original. ReDigi, however, had an analysis of their own done and found that their service is legit. The RIAA also takes issue with ReDigi’s music sampling service, which allows potential buyers to listen to 30-second clips of the songs.

2: Copyright Group Tries to Collect Cash From Open Source Event

Next up today, in German, a rights group named GEMA has demanded that the organizers of two dance parties, held simultaneously in Weimar and Leipzig, pay 200 Euros ($270) for using music GEMA holds licensing rights to. However, the two parties were open source-themed and DJs were instructed to only play Creative Commons-Licensed music. Even stranger, a quirk in German law makes it so that GEMA doesn’t have to prove that any artists they represent were played and, instead, the organizers must prove that they weren’t. The German Pirate Party, however, wishes to challenge the case.

3: Apple launches iTunes Match in the U.S.

Finally today, those who have been waiting for iTunes Music Match will now have their chance to sign up. The service works by enabling iTunes users to sync their music with the cloud. This includes both tracks bought through iTunes and those acquired elsewhere. Those tracks, if they are part of iTunes’ database, are replaced with high-quality version from iTunes and synced that way. If the tracks are unavailable, the originals are synced.The service costs $25 per year and covers 25,000 songs.

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’s Friday and that means it’s time for another episode of the Copyright 2.0 Show!

It was a crazy week for copyright news and, to keep this show under an hour, we had to cut out a lot of good and important stories. However, what’s left behind is a collection of the most important and most interesting pieces of copyright news.

We have a ruling on Joel Tenenbaum’s appeal, an important update on the Google Book Search case and another possible nail in Righthaven’s coffin, just to name a few. We also have a major political reversal in the UK and a potentially large Pirate Party victory in Germany.

All in all, this is one episode you don’t want to miss.

This week’s stories include:

• Tenenbaum Loses Appeal, Original Damages Stay in Effect
• Google, Publishers and Authors Get More Time in Book Search Case
• Righthaven Faces an Asset Seizure
• SAP Settles Criminal Complaint in Oracle Case for $20 million
• German Pirate Party Wins Big in Berlin’s Local Election
• 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 Pirate Party Elect 15 Members to Berlin State Parliament

First off today, the German Pirate Party, which supports extreme copyright reform, won 8.9% of the vote in a recent Berlin state election, which earns it 15 seats in the local parliament. The organization played down it’s copyright reform platform in favor of focusing on transparency in government and improvements to public transportation. The move worked as the party only got 3.4% in the last Berlin election. Though a local election that isn’t likely to have much bearing on copyright law, it is widely seen as the Pirate Party’s greatest success, especially out of it its native Sweden.

2: Song Download Damages Improperly Reduced, Appeals Court Says

Next up today, Joel Tenenbaum, a former college student who was sued by the RIAA for alleged file sharing, has lost his appeal. The U.S. Court of Appeals in Boston today rejected the lower court’s 90 percent reduction awarded to the RIAA. The jury in Tenenbaum’s case had awarded the RIAA some $675,000 in damages but the judge reduced those damages to just $67,500, claiming they were excessive. Both sides appealed the reduction, Tenenbaum wanting an even lower award and the RIAA wanting the original damages to stand. The RIAA won the appeal, meaning that the original verdict will stand barring further appeal. The U.S. government also appealed to battle Tenenbaum’s claims that the damages were unconstitutional. They also won.

3: Judge Extends Time for Google Digital Books Talks

Finally today, settlement negotiations in the U.S. Google Book Search lawsuit seems to be moving forward well enough for the Judge to grant both sides more time, nine months worth. The lawsuit, in which Authors Guild and Association of American Publishers sued Google over its Google Book Search project had been the subject of one settlement in 2005, which was shot down by the judge for being too broad and in violation of anti-trust laws. The two sides have since been working on a modified agreement that they hope will be accepted by the court.

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.