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

1: Acta protests: Thousands take to streets across Europe

First off today, Saturday marked a day of widespread protests across Europe against the Anti-Counterfeiting Trade Agreement (ACTA). The treaty, which was signed by some 22 nations and the European Union, has been the subject of controversy in Europe both for the secret nature in which it was negotiated and due to fear it could bring draconian restrictions to the Web. The treaty is designed to harmonize enforcement of copyright and related intellectual property rights. The treaty has already been signed and implemented in the U.S. as an executive order, meaning it makes no change to U.S. law, something that the British government claims is true for their nation as well.

2: EFF Defends $54,000 Award Against Music Sharer

Next up today, the EFF along with the Internet Archive, the Association of Research Libraries, the Association of College and Research Libraries, the American Library Association, and Public Knowledge have filed a friend of the court brief in the case of Jammie Thomas asking the Appeals Court to uplhold the most recent $54,000 judgment against her. Thomas was sued by the RIAA for allegedly sharing songs via file sharing networks. The labels previously won judgments as high as $1.92 million against her but the judge has reduced those judgments to $54,000 every time, prompting this appeal. The EFF is also asking the court to overturn the record labels’ contention that making a song available on a file sharing network is the same as distribution, seeking lower damages for mere infringement.

3: Entertainment Lawyers Go Wild for ‘Secondary’ Copyright Lawsuits

Finally today, at a charity luncheon for the Entertainment Law Initiative, which was raising money for the Grammy Foundation, there was a thunderous applause from the audience, mostly comprised of attorneys, over a paper regarding Android applications the promote piracy wondering why no lawsuits had been filed against Google for secondary liability. Though most of the other papers admitted only received scattered applause, that one seemed to whip the crowd into a frenzy, indicating the possibility that industry lawyers are considering such a tactic in the near future.

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.

What a week it is was, with enough copyright news to make even the staunchest veteran feel drunk and dizzy, this is a show that will definitely have an impact for a long time to come.

We have a major ruling in the MP3Tunes case, one that could affect nearly every other cloud service out there, a rejection of a settlement that could impact thousands of freelancers and some updates on Oracle/Google, Jammie Thomas and much, much more!

This week’s stories include:

• MP3Tunes Liable, But Scores Big Win for Others
• Freelancer/Newspaper Settlement Rejected
• Oracle Claims APIs May Be Copyrightable
• Jammie Thomas Case Returns, Again
• Zynga/Vostu Case Takes a Strange, International Twist
• Australian Police Dept. Hit With Massive Lawsuit

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.

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

It has been a whirlwind week for copyright news and we have tales from all over the globe. In the UK we have PayPal working with authorities to shutter pirate sites, our first copyright-related story of this Presidential election cycle and a somewhat-surprising victory for David LaChapelle in his lawsuit against Rihanna.

We also begin our reluctant and unofficial death watch for Grooveshark and we seem to be back to square one with the Jammie Thomas case.

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

This week’s stories include:

• PayPal to Cut Off Pirate Sites
• Pawlenty Accused of Infringement in Hockey-Themed Ad
• A Stoplight Approach for Pirates in Search Results
• Grooveshark Sued, Again
• Jammie Thomas Verdict Reduced, Again
• George Lucas Loses Stormtrooper Helmet Case, Again

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: ABC Sports Says Pawlenty Misusing Olympics Footage

First off today, Presidential candidate Tim Pawlenty has drawn fire from ABC over his campaign’s use of footage from the 1980 Winter Olympics “Miracle on Ice” game. Pawlenty had used the footage in a commercial for his campaign prompting ABC to accuse him of copyright infringement and demand that he stop. Pawlenty’s campaign has said that they believe the use to be a fair one but respect ABC’s concerns and will respond to them.

2: Jammie Thomas Judgment Lowered from $1.5 million to $54,000

Next up today, Jammie Thomas, first sued by the RIAA for file sharing in 2006, has once again had her damages reduced, down from $1.5 million ($62,500 per song) to $54,000 ($2,250 per song). The judge in the case took the steps after a third jury awarded the record labels the massive damages, that in turn after a second jury also awarded high damages only to have those reduced by the judge as well. The RIAA has said that they are likely to appeal this case if the damages are drastically reduced.

3: U of C Says No to Copyright Collective

Finally today, the University of Calgary has announced that it is ending its relationship with Access Copyright, a copyright clearance group that ensures universities have permission to use various works on campus, and will instead go to managing their own copyright needs. According to the school, this means that professors will have to do more linking when referencing outside sources. The move comes after Access Copyright obtained the right to raise its tariff, which would have seen the school’s costs balloon from $27,500 to $1.2 million a year.

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: RIAA Wins Big Against File-Sharer, $1.5M for 24 Songs

First off today, the third trial of Jammie Thomas concluded last week and it didn’t end better for the single mother than the first two. The jury, which was ruling on the matter of damages only, found her liable for $1.5 million in damages or $62,500 for each of the 24 songs she was accused of sharing. The first trial found her liable for copyright infringement for sharing those song on Kazaa but the case has gone back twice now on the issue of damages as the judge has reduced the award significantly both times. Further appeals on damages are expected.

2: EC lobs grenades at copyright’s Ancien Régime

Next up today, middlemen of copyright in Europe may want to watch their backs as the European Commission may be gunning for them soon. Eurocrat Neelie Kroes has taken aim at such copyright middlemen, saying that they impede the spreading of information and add unneeded barriers between the artists who create content and the consumers that want access to it, even going so far as to propose reform to streamline the process. Details were few and far between in his speech but it seems likely we will be hearing more about this push in the coming weeks and months.

3: Attributor: Stopping Infringers Without the Courts’ Help?

Finally today, content tracking company Attributor (Disclosure: I have done paid consulting for Attributor) unveiled the results of a “trial run” of a graduated response system aimed at dealing with sites that widely infringe copyright. Specifically, Attributor targeted 107 sites that had taken at least 10 articles in a month and first sent them a polite letter and the followed it up, for those who did not comply, with a notice to the search engines and relevant advertisers. The result was that some 75% of sites complied and either purchased a license or removed the content. The test stopped short of the final phase, notifying Web hosts to remove content.

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 was a catch-up week for us on the Copyright 2.0 Show as we have to make up for the week we missed. So, without a doubt, there was a lot of news to go over including the latest on the Google Book Search case, a ruling in the Men at Work plagiarism lawsuit and much more.

All in all, there were thirteen stories this week including news from all over the copyright world including our “Weird Story of the Week”.

This week’s stories include:

• Jammie Thomas Case Heads for a Third Trial
• Extortion at a University over Alleged Copyright Infringement
• iiNet Wins Its Case
• Two Journalism Plagiarism Controversies Erupt
• Goojje Defies Google
• And Many 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.

1: Remarkable Third Trial Coming for RIAA’s First P2P Defendant

First off today, the record labels have submitted a rejection of the judge’s reduced damages award in the Jammie Thomas-Rasset case and have set the stage for a truncated third trial solely on the issue of damages. The labels won $1.92 million in damages in the second trial, after a $222,000 judgement was vacated. The judge then reduced that award to $54,000 and ordered the RIAA to either accept the reduced amount or prepare for a new trial on damages, which record labels are doing now.

2: Goojje Not to Change Logo Despite Google Objection

Next up today, upstart Chinese search engine and portal Goojje has said they will not change their logo, which bears a strong resemblance to Google’s, despite the threat of a copyright lawsuit from the U.S. search giant. Goojje, has chosen to remain defiant in the face of Google’s legal threats and also apparent hacker attacks that have brought the site down in recent days.

3: Pirate Movie Privacy Case Set For The Supreme Court

Finally today, we have an update to a strange case in Norway. In 2008, the Filmkameratene studio released the movie Max Manus in theaters, the most expensive Norwegian movie at the time, only to have it pirated, allegedly by a projectionist. After an investigation, the studio felt it had its man but tried to compel the ISP used to upload the video to divulge the information about the subscriber, a matter that went to court. The court ruled in the case but the verdict was sealed, much to the chagrin of privacy advocates. However, this unknown verdict is now being appealed, by one side or another, to the Supreme Court of Norway.

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 Saturday morning for the live recording of the Copyright 2.0 Show or wait and get the edited version Monday morning right here on Plagiarism Today.

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

It was a busy week for copyright news as we have a major revelation in the Jammie Thomas case, news about a criminal investigation against Shepard Fairey and a $32 million judgement against two Web hosts who were accused of hosting sites that sold counterfeit goods.

All in all, there were thirteen stories this week including news from all over the copyright world including our “Weird Story of the Week”.

This week’s stories include:

• Thomas Verdict Reduced
• Shepard Fairey Faces a Criminal Investigation
• Swedish Music Fans Turn Away From Piracy
• Chinese Sites Pledge to Battle Piracy
• Pants and Attorneys on the Ground
• And Many 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.

1: Court Reduces ‘Shocking’ File Sharing Award

First off today U.S. Federal Judge Michael Davis has drastically reduced the damages award in the Jammie Thomas case, down to $54,000. This comes after the single mother was found liable for sharing some 24 songs and was first hit with a $220,000 judgment against her and then, in a retrial, a $1.92 million verdict. The judge has also said that the record labels may face a retrial if they do not accept the new award but Thomas has said that she can not afford to pay even the reduced amount.

2: Apple Pulls App After Competitor’s Copyright Infringement Claim

Next up Apple has found itself in a bit of a copyright pickle. After receiving a notice of copyright infringement from the developers of AppBox, a multi-application app for the iPhone, that the competing product AppVault had violated their rights, they removed the newcomer from the store, creating a controversy. According to the makers of AppVault, their application was not an infringement, but merely a similar app and has started a petition drive to have the app returned to the store.

3: O’Reilly Drops eBook DRM, Sees 104% Increase in Sales

Finally today, tech publisher O’Reilly has seen an increase of over 100% in the eighteen months since it dropped DRM from its eBooks, further damaging the notion that DRM is useful tool to increase sales. Though most of this increase is likely due to increased traction in the eBook market in general, it is very interesting to see a DRM-free eBook publisher doing so 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 Saturday morning for the live recording of the Copyright 2.0 Show or wait and get the edited version Monday morning right here on Plagiarism Today.

1: Jammie Thomas challenges “monstrous” $1.92M P2P verdict

First off today, in a move that was widely predicted, Jammie Thomas has asked the judge in her case to either throw out the monetary award against her, reduce the $1.9 million judgment against her to the statutory minimum of $18,000 or to receive a new trial, which would be her third if granted.

Calling the verdict, “excessive, shocking, and monstrous” her attorneys have asked the judge to reduce the damages to be awarded and cites ratios of 1:62,015 and 1:5,333, which reference the amount the songs are worth to the damages awarded. However, the ratios are largely meaningless as the amount of actual damages can not be known since she was accused of distributing the songs via file sharing networks, making them available to millions.

Finally, her attorneys hinted that they will move to exclude RIAA investigator MediaSentry on appeal. MediaSentry, whose evidence was allowed in the first and second trials since they could not be held accountable to Minnesota’s private detective rules since it has no staff there, is now being accused by Thomas’ attorney of violating rules in their native states of Maryland and New Jersey.

This one definitely seems to be far from over.

2: Pez sues museum over giant dispenser

Next up, the makers of Pez candy are suing a museum of Pez-related memorabilia claiming that a giant Pez dispenser with a snowman head is a violation of their trademark and is demanding that the work be destroyed.

Several sites, sadly, have gotten this story very wrong reporting that it was a copyright dispute but the truth appears to be that it is a trademark issue, not a copyright one. Either way though, the makers of Pez candy are asking a museum about their candy to destroy world-record-holding homage to their product, making this suit one of the worst PR movies I’ve seen in a while.

3: Is the Copyright Royalty Board Unconstitutional?

Finally today, its an argument we’ve heard many times before but now it’s coming from an Appeals Court judge.

Though Judge Kavanaugh sided with the other two judges in the D.C. circuit Appellate court in its their recent ruling in the case of SoundExchange, Inc. v. Librarian of Congress, which deals with a dispute over the royalty rates paid by satellite radio, he did so with a caveat.

According to a concurrence he submitted along with the ruling, he said that the copyright royalty board, due to the way it appoints its members, raises constitutional questions. In short, they are appointed by neither the President nor vetted by the Senate but appear to be officers of the United States, they may be in constitutional limbo.

The issue was ducked in this case since neither side raised it in a timely manner but similar arguments have also been used against copyright registrars.

Suggestions

That’s it for the three count today, we’ll 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 Saturday morning for the live recording of the Copyright 2.0 Show or wait and get the edited version Monday morning right here on Plagiarism Today.