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1: High Court Day 2: iiNet Says AFACT Lawsuit Inevitable

First off today, yesterday was day 2 in the Australian High Court trial between AFACT and iiNet. AFACT, a consortium of copyright holders, had sued local ISP iiNet claiming they had not done enough to stop infringement. Though iiNet won in both of the lower courts, the appeals court ruling opened the door to a “three strikes” system in the country. AFACT appealed the case to the High Court. The second day focused more on iiNet’s ability to control its customers actions and on AFACTs demands, with iiNet claiming that nothing short of terminating suspected repeat infringers would have been adequate to avoid a lawsuit. The case enters its third day today and is likely to continue next week.

2: Copyright Corruption Scandal Surrounds Anti-Piracy Campaign

Next up today, the Dutch anti-piracy group BREIN has found itself in the center of a controversy as composer Melchior Rietveldt is claiming that the group used his song without permission on various DVDs for the anti-piracy warnings. According to Rietveldt, he was paid to compose a song for an anti-piracy ad to be played at a film festival. However, BREIN (or another party) went on to use the work for warnings distributed on DVDs without any compensation. To make matters worse, a board member of Buma/Stemra (a royalty collection agency), Jochem Gerrits, offered to help but only if he could collect 33% of the earnings. Gerrits has since said his words were misinterpreted but has offered a temporary resignation. That being said, according to BREIN director Tim Kuik, the contract dispute does not actually involve the organization as it is not the distributor nor the client involved.

3: EFF to Copyright Office: Let my Tablets, Consoles, and Phones Go!

Finally today, the EFF is preparing for the next round of Copyright Office hearings on DMCA exemptions and is hoping to expand on exemptions that it helped fight for in the last round. The DMCA prohibits the circumvention of DRM and other digital locks but provides exemptions where it is acceptable. To determine what exemptions are appropriate, the copyright office holds hearings every three years and rules on what new exemptions should be added. Last year, the EFF and other groups argued for an exemption to jailbreak phones and received it. However, the exemption didn’t cover the trafficking of the software to perform the jailbreak nor did it cover other commonly-jailbroken items such as tablets, video game consoles, etc. The EFF is hoping that, with this round, it can earn those exemptions as well.

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: High Court day 1: iiNet’s Control Over Choice

First off today, yesterday was the opening day for the Australian High Court trial between AFACT, a local organization representing rightsholders, and iiNet, a local ISP. The suit came about after AFACT sued iiNet claiming that it wasn’t doing enough to stop infringement by its customers. Though AFACT lost on both the lower and appeals court levels, the latter left a door open for ISPs to be compelled to take action. AFACT appealed that ruling as well and now the case is before the high court. On day one, the testimony centered around how much control (or lack thereof) iiNet had over its customers and what it could do to stop infringement. Testimony continues today and is expected to go on for at least the rest of the week.

2: Fiat Appeases Tats Cru For Showing Copyrighted Bronx Street Art In J.Lo Ad

Next up today, a recent ad for Fiat has caused some copyright controversy. The ad, which showed J.Lo driving through the Bronx in a Fiat car, already caused controversy when it was learned that J.Lo used a body double for the parts taking place in the Bronx. However, the ad became a copyright issue after a group of Bronx street artists named TATS Cru learned that one of their murals appeared in the commercial without permission. Fiat and TATS Cru, however, have since settled that dispute and Fiat put the blame squarely on the ad agency saying, “It is the Company’s standard protocol to require that its ad agencies conduct the necessary due diligence to ensure that all trademarks and copyrights are respected in the course of producing our advertisements.”

3: Patient Sues Dentist Over Gag Order, Gets Medical Justice to Backtrack

Finally today, Medical Justice, an organization that works to protect the reputation of doctors, dentists and other physicians on the Web, is ceasing use of its controversial contracts that would require patients to sign over all copyright to any reviews they wrote about the doctor. This way, they can remove negative reviews using DMCA notices. The move comes after one patient, Robert Lee, filed suit against a dentist, Dr. Stacy Makhnevich, who used a Medical Justice contract to try and force him to remove negative reviews he posted about her. Medical Justice has said that it’s taking the opportunity to retire those contracts and will be discouraging its clients from using them. However, the lawsuit against Makhnevich, which is a class action suit, will continue though it is unclear if Medical Justice will provide any legal assistance.

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: CommsAlliance Joins iiNet Copyright Case

First off today, the Australian communications trade group Communications Alliance has petitioned the High Court to participate in the iiNet vs. AFACT case. iiNet, a major ISP in Australia, was sued by the Australia Federation Against Copyright Theft (AFACT), which alleged that the ISP had enabled and encouraged piracy on its network. Lower courts refused to hold iiNet liable but the appeals court laid out a set of rules by which an ISP could, at least in theory. CommsAllicance is hoping that an industry solution to the issue can be in place sometime in early 2012.

2: Former Marin Man Files Copyright for Jobs Image

Next up today, a Los Angeles man named Farzin Adeli has filed a copyright application with the U.S. Copyright Office for an image of Steve Jobs silhouetted in the Apple logo. The image, created in remembrance of Steve Jobs after his death became a viral sensation shortly after it was uploaded to Facebook. However, there are serious questions about the application as it is unclear if Adeli owns or has clearance on the rights to the elements of the images and other artists created similar works at the same time and before. Adeli has also set up an eBay store to sell items with the image, wich all of the profits going to the Pancreatic Cancer Action Network.

3: China’s Angry Birds Tablet is 7 Inches of Copyright-Infringing Fun

Finally today, Shenzen Technology Company, a Chinese manufacturer, has released a seemingly-unlicensed Angry Birds Tablet. The 7-inch tablet not only features the Angry Birds imagery on the box but also includes all, or nearly all, of the existing Angry Birds games, including many knock-offs. Roxio, the makers of Angry Birds, have not released a statement about the tablet though it seems unlikely the company authorized its creation.

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: Copyright Office Advocates Eliminating Compulsory License

First off today, the U.S. Copyright Office, which advises Congress on copyright-related matters, has recommended that the U.S. phase out cable and satellite statutory licenses. Those licenses make content from providers, such as networks, available for a flat fee under the law. The Copyright Office would like to phase out those licenses in favor of having cable and satellite providers work with rightsholders directly. Most feel Congress is unlikely to act on the recommendation, especially since it is the USCO’s fourth attempt at phasing out these licenses.

2: Labour Promises Online Copyright Reform

Next up today, in New Zealand, the day before the country’s “three strikes” law is to take effect, the Labour Party in the country has made copyright reform, including the repealing of the above law, part of its party platform. They’ve promised to repeal the law within 90 days if elected into office. They also promise to look at the entirety of the copyright act and seek out other, broader copyright reforms.

3: US Studios Avoided Telstra Battle and Went After iiNet Instead in Copyright Case

Finally today, cables leaked by Wikileaks reveal that, in Australia, the movie studios deliberately avoided picking a legal fight with the larger ISPs and, instead, sued the third-largest company, iiNet, over allegedly not doing enough to stop copyright infringement over its network. Specifically, the studios wanted to avoid a tussle with “the big guns” Telstra BigPond, which they feared would be in a better position to defend and win the lawsuit. The iiNet case is currently about to be heard a third time, this time before the High Court of Australia.

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: High Court Grants AFACT Special Leave to Appeal iiNet Copyright Case

First off today, Australia’s highest court has agreed to hear the Australian Federation Against Copyright Theft’s (AFACT) case against local ISP iiNet. The case hinges on AFACT’s accusations that iiNet was not doing enough to slow infringement over its service, even after notification. Though both a lower court and appeals court ruled that iiNet was not liable, the appeals court hinted at situations where an ISP might be liable and have to take action against their customers. The High Court trial will occur later this year.

2: Mattel Appeals Judgment in Bratz Dolls Case

Next up today, the Mattel/MGA case may be heading for yet another twist as Mattel has appealed the most recent ruling. The seesaw battle between the two has been over the Bratz doll line, which Mattel accused MGA of producing illegally after it was developed by an employee working for them. A lower court agreed with Mattel, nearly forcing MGA to turn over the doll line. However, an appeals court stopped the injunction and sent the case back for a retrial, where MGA emerged victorious and received a $309 million damages award. Mattel is now appealing that ruling, possibly setting the stage for another reversal.

3: ‘Jersey Shore’ Star JWOWW Sued Over Tanning Lotion

Finally today, a Oklahoma company Phigogam has filed suit against Jersey Shore star Jenni “JWOWW” Farley claiming that she violated copyright with the design of her latest suntan lotion bottle. The two sides had been working on a business partnership to release a JWOWW-branded suntan line but, according to the lawsuit, JWOWW cut them out of the deal and used their copyrighted bottle design in the process. The suit also alleges breach of contract as well as unjust enrichment and seeks an injunction against further infringement as well as all profits and additional 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 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: Only 9% (and Falling) of US Internet Users are P2P Pirates

First off today, a study released by the research firm NPD Group found that only 9% of Internet users pirate music over P2P networks, down from 16% just three years ago. The study is not a complete picture of the piracy situation as it only covers P2P downloads, not illegal streaming and one-click hosting sites, which have been on the rise, but it does hint that at least certain elements of the piracy problem are on the wane.

2: To The Bitter End: AFACT Takes BitTorrent Piracy Case To The High Court

Next up today, Australian Federation Against Copyright Theft (AFACT) announced that it will be appealing its case against local ISP iiNet to the country’s High Court. AFACT previously had sued iiNet claiming that the ISP authorized copyright infringement on its service by failing to take action when notified of misuse. Two lower courts found that iiNet had not violated the law but the Appeals Court ruled that, if the notices had been more clear and other changes had been made, the verdict could have been different. In light of this, AFACT has decided to appeal the verdict to the High Court where, if it does make it, a verdict may be rendered by the end of this year or early next year.

3: Baidu to Introduce Anti-Piracy Technology for Books Product

Finally today, Baidu, China’s largest search engine, is combating criticism from authors that it enables and tolerates piracy on its book and document search product by introducing anti-piracy technology that will filter out infringing works. Baidu has also often been criticized for enabling illegal downloads of MP3 files via its music search, but Baidu said it is not taking the same approach with that search feature.

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: Can Congress Force Google to Remove Pirate Sites From Search?

First off today, in the U.S., the House Judiciary’s Subcommittee on Intellectual Property, Competition, and the Internet has convened today and is holding hearings on piracy-related issues. With a long list of witnesses, the topic seems to be focused on how to deal with piracy, with acting Registrar of Copyrights, Maria A. Pallante, suggesting that Congress focus on “starving” pirate sites by cutting off advertising and other revenue streams. Others wondered if Congress could force Google to remove “rogue” sites from its index. The hearings are ongoing and further updates are very likely tomorrow.

2: iiNet Calls for Piracy Mediator

Next up today, Australian ISP iiNet, fresh off its victory over the Australian Federation Against Copyright Theft (AFACT) in the courts, has created a proposal that it thinks will balance the interest of copyright holders and ISPs in the country. The proposal would call for an independent third party, possibly a government agency, to act as an intermediary between copyright holders, ISPs and consumers. This third party would be responsible for all communication between the three parties, thus ensuring privacy of information, and would be able to impose penalties on suspected file sharers but not as far as disconnecting them.

3: New York Man Guilty of Pirating ‘X-Men Origins’

Finally today, New York resident Gilberto Sanchez has plead guilty to one count of uploading a copyrighted work being prepared for commercial distribution, a crime that carries a maximum sentence of 3 years in prison and a fine of either 250,000 fine or twice the gross gain or gross loss attributable to the offense. According to Sanchez, he uploaded a copy of the movie “Wolverine” one month before its slated release date and promoted it on two sites. Sentencing for Sanchez is on September 19.

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.

Patrick and I are back after a two-week hiatus due to vacation and other travels so we have a lot of catching up to do as we go over the latest news on the iiNet ruling, the Limewire settlement and a bunch of other news that happened over the past month. We even get a chance to discuss statistics a bit and demonstrate how to turn headlines around.

This week’s stories include:

• iiNet Defeats AFACT in Australia
• LimeWire Settles One of Its Cases
• Ivi.tv Ordered to Close
• Google Tells ISOHunt “You’re Not Just Like Us”
• Baidu Called a “Pirate” Operation
• 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: IIA to Develop Copyright Guide for Courts

First off today, following the dismissal of AFACT’s appeal against Australian ISP iiNet, the Internet Industry Association (IIA) has fast-tracked development of an industry code for dealing with copyright-related issues, including what actions ISPs should take in response to infringement. In the lawsuit, AFACT, which represents a variety of copyright holders in Australia, sued iiNet saying it was not doing enough to prevent infringement over its service. The court ruled iiNet had complied with the law, but laid out a groundwork for how ISPs like iiNet could be found infringing in the future. In response to that, the IIA is forming its code, which it hopes courts will consider in future cases.

2: Son of ACTA: Meet the Next Secret Copyright Treaty

Next up today, even as the United States and other countries attempt to get final ratification of the controversial ACTA treaty, another, similar treaty is already being pushed in countries like Australia, Brunei, Chile, Singapore, Malaysia, and Vietnam. According to a leaked draft, Trans-Pacific Partnership (TPP) has provisions very similar to the DMCA in the U.S., including ISP liabiility, anti-circumvention and more. The treaty has been in drafting phase for some time though yesterday’s alleged leak is the first public look at the treaty.

3: Street Artist Thierry Guetta Faces Copyright Infringement Suit

Finally today, Los Angeles street artist Thierry Guetta, best known for being featured in the movie “Exit Through the Gift Shop” and goes by the name “Mr. Brainwash”, is being sued for copyright infringement. According to the suit, which was filed by photographer Glen Friedman, Guetta improperly used a photo of the band Run-DMC in various pieces of artwork. Guetta, who used likenesses of the photograph in various pieces, claims that his work is protected by fair use and is preparing to fight 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 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: Feds Arrest Owner of Seized Sports Streaming Domain

First off today, U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations have arrested Brian McCarthy, a Texas man they believe ran the site Channelsurfing.net, which offered streams of various sporting events. McCarthy, who has been charged with criminal copyright infringement, had already had his domain seized by ICE and had reopened shop on a .eu domain. If convicted McCarthy may spend up to five years in prison. The site, however, is still available.

2: Turkey Blocks Google Blogger in Football Broadcasting Row

Next up today, Google’s Blogger service has been blocked in Turkey but the reason is very surprising. It turns out Turkish satellite firm Digiturk went to court to protect their exclusive rights to broadcast Spor Toto Super League content on their Lig channel and had petitioned the court to block the entire service, with an estimated half a million blogs, because one site was broadcasting the matches unlawfully. Google has noted they have their own takedown system and that the ban was not necessary, but Turkey’s strict copyright regime makes it possible to easily ban entire sites.

3: Net Pirate Ruling May Force ISPs to Cut off Cheats

Finally today, though the recent iiNet ruling in Australia was a major victory for ISPs over content creators, it may have helped set the stage for copyright holders to, in the future, force ISPs in the nation to kick off suspected pirates. Though the court ruled that iiNet was not liable for copyright infringement by its users, despite movie studio’s insistence they were enabling the infringement, the ruling laid out what some are calling instructions for more effective notices and cooperation between ISPs and copyright holders in the future. This includes information on how to write better notices and to take on the financial burden of sending the notices.

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.