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

1: Dutch Court Orders Companies To Block Pirate Bay

First off today, a Dutch court has ordered two of the country’s biggest ISPs, Ziggo and XS4ALL, to block subscriber access to The Pirate Bay. The action comes after a judge ruled that the reciprocal nature of Bittorrent makes it so that users can not merely download pirated content but must upload as well. In the Netherlands, downloading unlicensed content is legal but uploading it is not. The lawsuit, which was brought by the local anti-piracy outfit BREIN, may be appealed though the ISPs will have to comply with the order as it goes through. BREIN has also said it will be taking similar action against other ISPs in the country.

2: AP, NYTimes, McClatchy, Others Launch NewsRight Online Rights Clearinghouse

Next up today, the AP, New York Times and 26 other news organizations have formed a company named NewsRight to track, monitor and enforce copyright in news-related content. The company, which opened formally last week, is composed of 11 people and is said to be using technology to track news content, understand how it’s being used and, eventually, seek licensing agreements for it. According to a representative for the company, the first year will be spent mostly learning the market for this service with a focus on selling the data its content tracking can generate.

3: Reddit Going Dark for a Day to Protest SOPA Online Censorship Bill

Finally today, the popular social news site Reddit is planning to shut down for a period of 12 hours on January 18 in protest of the Stop Online Piracy Act. The act, which would make it possible for copyright holders to obtain court orders forcing ISPs to block access to “rogue” websites, has been the source of controversy online and the Reddit community has been instrumental in organizing opposition to it. Reddit is also attempting to get Google and other major sites to join them with the blackout.

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: New Version of SOPA Copyright Bill, Old Complaints

First off today, Rep. Lamar Smith (R-Texas) has announced that he has made several tweaks to the Stop Online Piracy Act (SOPA) to address “legitimate concerns” about the bill. Those changes include narrowing which sites could be targeted by rightsholder lawsuits, restricting which sites would be ordered to remove such sites from their queries and enable the removal of just a portion of a site. However, the heart of the bill remains, including giving copyright holders the ability to order ISPs, payment processors and advertising networks to block or stop doing business with so-called “Rogue” sites. As a result, the changes have not done much to appease critics of the bill. The bill is due for a vote in the House Judiciary Committee tomorrow where it widely expected to make it through.

2: Righthaven Backed Into a Corner; Copyrights to be Auctioned

Next up today, Righthaven, fresh off a string of defeats appears to be backed into a corner as a judge appears to be ready to auction off Righthaven’s copyrights, possibly marking an end to the company’s litigation campaign. Righthaven had sued some 275 defendants over using content from the Las Vegas Review-Journal and the Denver Post but filed as the copyright holder rather than the law firm representing the companies. They lost several cases based on a lack of standing to sue as it was revealed the newspapers had retained control over the copyright. The Review-Journal did eventually assign control in some of the works to help with Righthaven’s appeals but, after being ordered to pay legal fees for several defendants and unable to muster up enough cash, Righthaven may have those same copyrights auctioned off, giving it nothing to sue over.

3: Bratz Copyright Lawsuit Tossed

Finally today, one of the Bratz lawsuits was tossed but it wasn’t the big one between MGA and Mattel. Instead, it was the one that pitted photographer Bernard Belair against MGA, the makers of the Bratz line. Belair had created a series of advertisements in the late 90s featuring oddly proportioned dolls. A representative for MGA admitted that the ads were inspiration for the Bratz line but a judge ruled that the inspiration did not cross the line into infringement as it didn’t rise to “substantial similarity”. There is no word if Belair plans on appealing.

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.

With the holiday in the U.S. there wasn’t a whole lot of local copyright news to talk about but, fortunately for this podcast, other countries rushed in to fill the void and bring us yet another packed episode of copyright news, views and abuse.

This includes a major ruling in the EU on the issue of ISP filtering, a plan from Australian ISPs to tackle piracy and concerns that Spotify may be heading for a day of reckoning as labels start to back out. All of this and much, much more!

This week’s stories include:

• Grooveshark Emails Released, Show Company Aware of Infringement
• EU Says ISPs Can’t Be Forced to Filter Infringing Material
• EU Advocate General Says You Can’t Copyright a Programming Language
• Australian ISPs Propose Anti-Piracy Plan, Copyright Holders Unhappy
• New Anti-IP Infringement PSA Campaign Launches in U.S.
• 200 Labels Leave Spotify
• Bittorrent Defense Attorney Switches Sides

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: ISPs Can’t Be Forced to Monitor Traffic for Copyright Infringement, ECJ Rules

First off today, the European Court of Justice, the highest court in the EU on matters of EU law, has ruled that member nations can not force ISPs to monitor Web traffic for the purpose of filtering copyright infringing material. The case stems from SABAM, a Belgian rightsholder organization, which sued local ISP Scarlet over alleged copyright infringement by its users. A lower court ordered Scarlet to prevent its users from accessing SABAM’s library but Scarlet appealed and won at the European Court of Justice. SABAM has not decided what its next action will be in its lawsuit.

2: EU Advocate General: You Can’t Copyright a Programming Language

Net up today, the Advocate General in a European Court of Justice has issued a statement that a software language does not qualify for copyright protection. The case centers around U.S. firm SAS, which is suing UK-based World Programming Ltd. (WPL) claiming the compay built a programming language similar to one they developed. In 2007, in a similar case, the U.S. Supreme Court ruled that programming languages themselves don’t meet the qualification for copyrightability. However, the opinion of the Advocate General still needs to be ratified by the judges in the European Court of Justice to be legally binding. However, the position of the Advocate General makes that very likely to happen.

3: Copyright Holders Unhappy with Piracy Plan

Finally today, Australian ISPs have released a proposal for dealing with copyright infringement. The system works by having rightsholders forward information about potential infringement to the ISPs, which would then send “educational notices” to their customers. After 3 warnings, the ISP would then work with the rightsholder to help tackle the matter via the courts. However, rightsholders, through various groups, have come out against the plan saying that it doesn’t go far enough and isn’t “balanced”. Rightsholders, however, did not speak as to what their preferred plans were but one such group, AFACT, is currently appealing a ruling in their case against Australian ISP iiNet, in which it hopes to compel the ISP to disconnect repeated file sharers.

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: SOPA Bill Won’t Make U.S. a ‘Repressive Regime,’ Democrat Says

First off today, the first hearings in the U.S. House of Representatives on the Stop Online Piracy Act (SOPA) are being countered with a fierce protest that includes a full page ad in the New York Times and many popular websites displaying overlays or turning their sites black. However, Congressmen who support the bill are saying that the fears are overstated and that the bill will not lead to widespread Internet censorship. The bill, which is targeted at “rogue” websites, would allow copyright holders to get court orders to force ISPs to block access to certain sites as well as force search engines, payment processors and advertisers to cease working with them. The hearing is one of the first steps to bringing the bill to the floor of the house for open debate and eventual voting.

2: Costco Prevails in First Sale Case Thanks to Copyright Misuse

Next up today, the case between Costco and Omega watches has taken yet another turn. Omega sued Costco claiming the retailer illegally imported in watches bought cheaper in foreign markets and resold them at a discount in the U.S. When Costco won the first suit, Omega added a copyrighted image to each watch and sued claiming Costco illegally imported a copyrighted work. The district court originally ruled against Omega claiming that Costco had the right to resell legally-purchased copyrighted works but the Appeals court overturned that verdict and the Supreme Court upheld it by taking no action. That sent the case back to the District Court where Costco has prevailed yet again on a summary judgment, this time claiming Omega has been engaged in copyright misuse, meaning Omega attempted to use its copyright monopoly to exert control outside of the element of copyright. The case will likely be appealed, yet again.

3: Artists Call CBS the Chief Copyright Pirate

Finally today, Alkiviades David, the owner of FilmOn.com, has filed another lawsuit against CBS and its subsidiary CNET claiming that the two companies encouraged and enabled file sharing by offering several file sharing applications, including LimeWire, for download on their download.com site and also ran several guides on how to share files online. The lawsuit also lists several hip hop and other artists and Sugar Hill Music as plaintiffs. The lawsuits is Alkiviades second against CBS since the company received an injunction barring FilmOn from rebroadcasting CBS’ over the air transmissions on its service. The first lawsuit, which involved a much smaller collection of works, is still pending.

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: Viacom Responds to YouTube’s Interpretation of Copyright Law

First off today, YouTube and Viacom both have filed papers with the Second Circuit Court of Appeals pitching their case for their interpretation of the law. At issue is specifically “red flag” takedowns, which are scenarios when a host must remove copyright infringing material despite a DMCA notice not being filed. According to YouTube, they only have to remove content when they are aware of an infringement that is obvious and doesn’t require investigation. Viacom says that interpretation is too broad and that an ISP must act if it is aware of an infringement, even if it is not aware of the specifics.

2: ‘Project Runway’ Copyright Suit Filed by St. Charles Photographer

Next up today, photographer Marcie Cobbaert has filed a lawsuit against the producers of “Project Runway” claiming that she took photos for one of the designers on the show only to have them used as part of the broadcast without her permission. The suit also accuses Lifetime, the network behind the show, of turning the photos into advertisements by including a watermark for the network over them when they were on air.

3: TalkTalk, Virgin and Sky Asked to Block Newzbin2

Finally today, UK IPSs TalkTalk, Virgin and Sky have all received letters from the Motion Picture Association (MPA) requesting that they block the Usenet service Newzbin2. The move comes after the MPA secured a legal victory against BT, a different ISP in the country, forcing them to do the same. Virgin and Sky have said they will comply with the order but TalkTalk has taken issue with elements of it, including who has to pay for the blocking to be applied.

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: Warner Brothers Admits Making False Takedown Requests

First off today, Warner Brothers, in its ongoing dispute against file sharing service Hotfile, has admitted that it made mistakes and requested removal of files that it did not hold copyright to. Hotfile had given Warner special access to its site so it could remove infringing files directly but, according to Hotfile, Warner repeatedly misused that ability to remove files it didn’t own, including some open source applications. Warner says that they did make mistakes but that it would be impossible to check every file and that they rely on automated services that, sometimes, make errors. Warner has asked the judge to dismiss Hotfile’s claims against them.

2: Music Rights Group Bills Internet Providers For Piracy ‘Licence’

Next up today, Belgian music rights group Sabam is seeking some 3.4% of the subscriber fees from ISPs in the country for their part in transmitting pirated music. According to Sabam, this would not legalize piracy per se, but rather merely prevent the ISPs from being held liable for their role. ISPs in the country say that this is unfortunate as they are currently working to build legal alternatives to piracy. It remains unclear if Belgian copyright law supports such a broad interpretation.

3: Artist K. Hachiya: Copyright Law Changes Would Affect Cosplay

Finally today, Media artist Kazuhiko Hachiya has warned that, if Japan were to join the Trans-Pacific Partnership Agreement (TPP), a wide-ranging trade agreement already signed between the U.S., Australia and other nations bordering the Pacific Ocean, that the copyright changes could impact cosplayers. The law would enable police to enforce copyright without a copyright holder complaint, which is a current requirement of the law. Cosplayers, who create elaborate costumes to dress as characters in their favorite movies, shows, games and comics, are often creative derivative works based on those characters and could, theoretically, be stopped. Japan’s Prime Minister is expected to announce today if the nation will join TPP talks.

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 holders attack BT and TalkTalk for their continued resistance to DEA

First off today, as UK ISPs BT and TalkTalk prepare to take their case against the Digital Economy Act to the UK’S highest court, copyright holders and rights groups are blasting the ISPs’ continued opposition to the act. According to reps of both the Music Publishers Association and Warner Brothers, the time has come for the ISPs to stop trying to fight the law and start enforcing it. The law requires ISPs to pass along notification of alleged infringement to their customers and, after several warnings, sever Internet access to repeat infringers. The law also opens the door to the blocking of Internet sites deemed to be infringing, but the government has said they will not put that part into effect. Rightsholders applauded other ISPs, including Virgin and Sky for their cooperation with copyright holders.

2: ‘Copyright Trolls’ Unite to Prevent Downfall of BitTorrent Lawsuits

Next up today, a case in Virginia involving a mass bittorrent lawsuit has drawn the attention of at least two other law firms engaged in the practice. The system, which involves filing lawsuits against a large number of unnammed defendants to get their personal information via subpoenas to their ISPs, came under fire in the court when the judge dismissed all but one of the defendants and called the process a “shake down”. The judge also ordered the plaintiff to explain why the litigation should be allowed at all. Fearing a ruling that could harm the entire industry, Steele Hansmeier, a law firm that handles similar lawsuits, filed an amicus brief in the matter through another firm, Anderson & Associates, which are also involved with such lawsuits. This is a sign that the parties are taking this ruling very seriously and are worried about its implications nation-wide.

3: Justin Bieber is Behind Bars in New Campaign

Finally today, a new campaign by the advocacy group Fight For the Future depicts teen pop sensation Justin Bieber behind bars. The campaign is an effort to protest proposed legislation in the U.S. that would make streaming, in some circumstances, a criminal offense punishable by up to five years in prison. Bieber famously got his start on YouTube where his singing of various popular songs caught the attention of Usher, who signed the artist. According to Fight For the Future, that could now land other artists in jail if the law passes.

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: Govt Cuts ‘Streamlined’ Piracy Discussion

First off today, in Australia Federal Attorney-General Robert McClelland has quietly amended a posted document for discussion to remove all references to a controversial “streamlined” system by which copyright holders would be able to gain access to information about alleged infringers. The proposal, which outlines expanding safe harbor protections to ISPs, previously mentioned such a system as a requirement for protection but, currently, the document only makes reference to the broader issue. McClelland’s office stated that the document was posted by mistake and that a clarification will be posted soon.

2: Time Zone Database Has New Home After Lawsuit

Next up today, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization that oversees domain names on the Web, has agreed to host The Time Zone Database. The database was recently shut down following a lawsuit from astrology software maker Astrolabe, which sued the database’s former administrator, David Olson, claiming that there was copyrighted information in it. The database is used by many sites and operating systems, including all Unix-based system, which in turn includes Mac OSX and Linux, to help set time and adjust for time zone differences. ICANN has said that it will deal with any legal issues as they arise.

3: Labour Unveils ICT Policy

Finally today, in New Zealand, the Labour Party has released its ICT policy statement and, according to it, if elected, the party will remove the “three strikes” clause recently passed in the country and do a complete review of the Copyright Act with an eye on introducing a completely new copyright bill in 18 months. The Labour Party has been a long-standing opponent of the law but currently only holds a minority in the House of Representatives.

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.

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.