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: ACTA Will Be Signed Saturday, US and Japan Say

First off today, representatives from U.S., Japan, Australia, Canada, South Korea, Mexico, Morocco, New Zealand, Singapore and Switzerland will be in Japan Saturday to sign the controversial ACTA treaty. The treaty, which standardizes both civil and criminal enforcement of copyright and trademark, has drawn controversy from when negotiations first started due, in large part, to its secretive drafting process and that it was drafted outside of existing trade organizations. However, other reports indicate the the EU will not be signing the agreement at this event, due to the fact it has additional steps to take to approve its signing. The treaty will remain open for signing until May 1, 2013.

2: Righthaven Copyright Suits Tossed in Colorado, Too

Next up today, Righthaven, the organization that has been suing websites over content allegedly copied from the Las Vegas Review-Journal and the Denver Post, has had its cases in Colorado dismissed. The Colorado judge, following the lead of his Las Vegas counterpart, ruled that Righthaven did not have grounds to sue as its agreement with the Denver Post only granted it the “right to sue”, which does not exist in copyright law. The Denver Post has already terminated Righthaven’s contract and Righthaven is also fighting a $34,000 judgment against them in a similar case in Las Vegas.

3: Princeton Bans Academics From Handing All Copyright to Journal Publishers

Finally today, Princeton University, in a bid to promote greater access to academic research, has barred its professors from handing over all copyrights to journal publishers, save in cases where a waiver is granted. Its new open access policy gives the university the “nonexclusive right to make available copies of scholarly articles written by its faculty”. Professors can continue to publish research on their sites, the university’s site and other not-for-fee venues.

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: Japan Record Companies Sue YouTube Download Service for Copyright Violations

First off today, the RIAJ, a group that represents the major record labels in Japan, has filed suit against the site TubeFire, which enables users to freely download YouTube videos. The RIAJ sued claiming that some 10,000 music videos on YouTube were downloaded illegally using the service, which circumvents YouTube’s protections to prevent downloading. The labels are seeking damages based upon estimated losses for those 10,000 tracks and their distribution.

2: Watch The Throne Label Def Jam Accused Of Copyright Infringement

Next up today, musician Syl Johnson has sued Def Jam Records over their recent “Watch the Throne” release saying that one of the tracks, “The Joy” uses an uncleared sample of his song “Different Strokes”. “The Joy”, which featured Kanye West and Jay-Z, also has the wrong publishing company in the credits for the sample. “Watch the Throne” has already sold over 600,000 units and has been certified gold.

3: Trademark and Copyright Crime Targeted in New Training Project

Finally today, in the UK, the Intellectual Property Office (IPO) and Crown Prosecution Service (CPS) are training some 350 prosecutors in England and Wales on how to build and win copyright and trademark related cases. Much of this effort is to prepare for the upcoming 2012 Olympic Games being held in London and the deluge of IP cases widely expected to come with it.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 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: US High Court Won’t Decide Costco-Swatch Case

First off today, the Costco/Omega case decision has been handed down from the Supreme Court and the verdict was a tie. In a 4-4 split, the judges of the court were unable to rule on the case, thus allowing the Appeals Court ruling to stand. Omega had sued Costco claiming that the company had unlawfully imported copyrighted works, namely the logo on the face of their watches, for the purpose of reselling them at a lower price. Costco argued that the right of first sale authorized them to do so, however, Omega argued that first sale only applied to goods made within the U.S. and they still had the right to block the importing of the watches. The case ended in a tie because Justice Elena Kagan recused herself as she filed an amicus brief on the case before becoming a justice.

2: Japanese Publishers Accuse Apple of Selling Pirated E-Books

Next up today, Apple’s iPad and iBooks store may be an early success but four Japanese publishers have accused Apple of profiting from copyright infringing material, including Chinese translations of works by local authors Haruki Murakami and Keigo Higashino. The publishers are not accepting Apple’s policy of removing infringing material after notification, saying that since they profit from the sales, they have a higher responsibility. However, no lawsuit has been filed as of yet.

3: George Clinton Sues Black Eyed Peas for Copyright Infringement

Finally today, Funk icon George Clinton has sued the popular hiphop group the Black Eyed Peas for copyright infringement saying that two remixes of the group’s 2003 hit “Shut Up” uses elements from Parliament-Funkadelic 1979 song, “(Not Just) Knee Deep”. Clinton, who is the leader of Parliament-Funkadelic, joins Texas songwriter Bryan Pringle and Chicago singer Phoenix Phenom in suing the group as those two claim the group gained access to their demos and based their songs “I Gotta Feeling” and “Boom Boom Pow” on them.

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: ACTA Copyright Piracy Enforcement Treaty Partners Reach Basic Agreement

First off today, Japan’s Minister of Economy has announced that the most recent round of negotiations on the controversial ACTA treaty were a success and that all 40 of the nations involved have reached agreements on the remaining differences. Though previous leaks of the treaty either removed or greatly softened language that would have had ISPs monitoring user’s activities for infringement and possibly disconnecting suspected file sharers, much of the treaty is still controversial, in particular talk of border searched for copyright infringing works among other anti-infringement steps. A final draft of the bill is expected to be released sometime shortly.

2: ACS:Law Boss: I Feel Defeated And Could Go Bankrupt

Next up today, ACS:Law owner, Andrew Crossley, has said that he may be forced to close up his anti-piracy firm, which could potentially bankrupt him personally. ACS:Law was recently the subject of a denial of service attack, which somehow exposed thousands of emails he had sent and received, including private information of alleged file sharers. That, in turn, has caused hundreds of complaints against him to the SRA for breach of privacy. ACS:Law had primarily worked with the porn industry in sending demand letters to alleged file sharers, a controversial tactic that earned the ire of many. The firm is still waiting for the decisions of regulators on the various accusations.

3: NV Democratic Party Settles Copyright Lawsuit

Finally today, the Nevada Democratic Party has settled its lawsuit with Righthaven, which sued it for using content from the Las Vegas Review-Journal without permission. Righthaven has bought up rights in Review-Journal content and filing lawsuits against various bloggers and publishers who have repurposed it. The practice has been very controversial and has led to a recent lawsuit by the EFF, which accuses Righthaven of being a copyright “troll”.

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.

1: Class Action Contends Lawyers’ Copyright Infringed by Commercial Database

First off today, in Ottawa,Canada, two attorneys have filed a class action lawsuit over the litigator service Westlaw, which is owned and operated by the media company Thompson Reuters, claiming that it is violating their copyright by copying and republishing their legal pleadings in a variety of formats. The pleadings, which are filed in open court, are offered for download on the service, which the attorneys say is “a service whose sole purpose is to carry out mass copyright infringement for their own financial profit.” In the U.S. it would likely be argued that such a database is a fair use, transformative enough to qualify (though this theory is largely untested) but it remains to be seen how such an argument will play out in Canada, with its more limited fair dealing exemptions.

2: Teen Arrested for Leaking Manga Comics Online

Next up today, a teenager in Japan has been arrested and charged with making Manga comics available on YouTube before they were commercially available. He is suspected of having photographed some 118 titles and uploading them as slideshows to the video sharing site. This is believed to be the first arrest in Japan for copyright infringement via YouTube and police are investigating how the teen obtained the comics before their release.

3: Rosetta Stone Announces Settlements with Ten Individuals for Copyright and Trademark Infringement

Finally today, Rosetta Stone, the makers of the well-known language learning software, have announced in a press release that they have settled ten of their ongoing cases against alleged pirates of their software. According to the release, the ten individuals had shared Rosetta Stone software illegally. The exact terms of the settlements were not disclosed.

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.

1: Digital Economy Bill – It’s a Wash Up

First off today, after its passage in the House of Commons the Digital Economy Bill seems destined to become law but at least one UK ISP, TalkTalk, has said they will not comply with the bill. In a blog post, they announced that they will still require a court order before turning over any subscriber information and will not disconnect alleged file sharers, even going to court if needed. At this time the DEB does not provide for disconnection of accused file sharers but does pave the way for such rules in the near future. It remains to be seen what penalties the ISP may face for its non-compliance.

2: Labour and Conservative Parties Accused of Copyright Infringement

Next up today, even as the Digital Economy Bill and its fallout have been making headlines, the Labor and Conservative parties in the UK have found themselves in a copyright dispute of their own. Kudos, a poster production company, has ordered both parties to stop using campaign posters depicting David Cameron as DCI Gene Hunt from Ashes to Ashes. There is no word if Kudos is planning any legal action but the irony is not lost on the media in the UK.

3: Japanese Porn Companies Seek Copyright Laws

Finally today, Japanese porn companies have sought representation in Taiwan to help them obtain copyright protection for their work. Under Taiwanese law, Japanese pornography is considered obscene and does not qualify for copyright protection, a fact that the companies claim has cost them dearly.

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

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

1: Hollywood Takes OpenBitTorrent’s ISP to Court

First off today, now that The Pirate Bay’s tracker has shut down, though in its case to force users to use decentralized methods of downloading, the movie studios have turned their attention to other prominent trackers including OpenBitTorrent, which has had its hosting company receive a lawsuit from the various movie studios.

OpenBitTorrent is a different kind of tracker in that it is not connected to a site or search engine, but is rather just a service that connects peers based upon has values. The site also has a DMCA-style notice and takedown procedure that enables copyright holders to disable access to copyrighted files.

Their hosting company, Swedish outfit Portlane, was sued by Hollywood studios, who claim that it is merely a “rebranded” version of The Pirate Bay.

More to come on this lawsuit in the future.

2: Judge Sets February Hearing for New Google Books Deal

Next up today, the judge in the Google Book Search case has given tentative approval to the new settlement, which was unveiled last week, by laying out a schedule for the approval process.

The original settlement, which would have allowed Google to scan, display and sell copies of in-copyright but out-of-print works, was shot down following criticisms from the U.S. Department of Justice. The revised settlement, which loosens restrictions on scanned works, has greater consideration for international authors and changes to scope of the class action lawsuit, has done little to appease the harshest critics but still seems to have been widely welcomed.

The new timetable puts a deadline of January 28th to file objections to the settlement and sets a date for a final hearing on February 18. Those who wish to opt out of the settlement and retain their right to sue Google will need do so by January 28.

It is worth noting that these deadlines are much faster than the ones given the first time around, largely due to the fact that the case has been ongoing for so long.

3: Japan Set To Extend Posthumous Copyright

Finally today, newly-elected Japanese Prime Minister Yukio Hatoyama has vowed to extend the posthumous copyright protection on compositions from 50 to 70 years, as he had promised to do during the campaign.

The announcement came at a speech to the Japanese composers and authors’ society during an event celebrating the 70th anniversary of the group

There was no timetable announced for passing this extension.

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: Google Books and Copyright: The Status Conference

First off today, we have an update on the Google Book Search “status” conference that took place yesterday. What was striking was how quickly the two sides seem to want to rescue their deal, going so far as to say that they are hoping to have a revised agreement some time in early November and a fairness hearing in either late December or early January.

This conference was originally to be part of the approval process for the settlement but, after it came under sharp criticism from many sides, including the Department of Justice, who is part of the negotiating process currently, Google, the Author’s Guild and the publishers were sent back to the drawing board.

However, there are hints that the new settlement may be more beneficial to authors than the first. The first would have allowed Google to display and sell copies out-of-print but in-copyright works in exchange for an upfront fee and a portion of revenues, but given that the parties are suggesting that there be significantly less time to approve any revisions, it is an indication that Google may be giving up additional ground to make the deal work.

Unfortunately though, we won’t know for certain until the draft of the new settlement is released later this year.

2: Japan Court Acquits File-Sharing Software Creator

Next up today, an appeals court in Japan has overturned the conviction of Isamu Kaneko, who was fined 1.5 million yen ($17,000) for the development of the file sharing application Winny, which can be used to transfer files without exposing one’s IP address.

A lower court had convicted Kaneko of assisting users to infringe copyright. However, that conviction has been overturned, in stark contrast to ongoing litigation in the U.S., Sweden and elsewhere, that has found file sharing software developers responsible in many cases.

It is unclear if the decision is being appealed further.

3: The Pirate Bay Relocates to a Nuclear Bunker

Finally today, The Pirate Bay is back online and at their new home. They’ve reportedly moved their servers to Netherlands, back from a failed attempt to relocate to Ukraine, where their new host operates out of an old NATO nuclear bunker designed to survive nuclear, biological and even electromagnetic attacks.

Though it is unclear whether The Pirate Bay is actually hosted within the bunker or just using the host’s services, it is clear that the site is live and operating.

The question now is how will The Pirate Bay’s nemesis, the Dutch anti-piracy outfit BREIN, respond and how the host will stand up to the inevitable legal challenges.

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: Six months later, no ISPs joining RIAA piracy fight

First off today, according to industry insiders, the RIAA’s plans to work with ISPs rather than using mass lawsuits may be dead in the water. Six months after the plan was announced, no ISPs have come forward to admit to working with the RIAA and the organization has not been able to nail down a single agreement.

The controversial plan, which would have had ISPs using a “graduated response” system, including possible service termination has not taken off. Though AT&T has conducted some tests, there has not been a major push on this front and many are seeing this as a smokescreen to let the RIAA back away from the lawsuit strategy.

Others theorize that the RIAA might use its clout, especially with the DOJ, to start legislating the matter, though this article on CNet feels that wouldn’t work as the ISPs have much more support in Washington than the record labels.

It is unclear what, if anything, is next for the RIAA.

2: Ex-Conference Board Author Speaks Out; Confirms “Push Back” From Copyright Lobby Funders

Next up, according to Michael Geist, one of the authors of the now-controversial Conference Board of Canada copyright report has spoken out about how, according to him, industry pressures caused the report to be modified against what his own evidence suggested.

The author, Curtis Cook, says he quit the Conference Board in July of 2008 and did not see the changes until September of 2008, well after Cook had stopped working on the report, that he received reports of “pushback” against the findings. He said he and the researchers he worked with had nothing to do with the controversial findings and wording found in the report and has requested to have his name removed form it.

It is an interesting behind-the-scenes look at how the report was produced and where it seems to have gone astray.

3: China, Japan to launch talks on copyright piracy

Finally today, China and Japan, two countries usually thought of on exact opposites of the copyright spectrum, have agreed to hold annual talks about cracking down on copyright and trademark infringement in their countries.

The talks are part of a broader dialogue between the two countries but it is easy to see how any progress in China on dealing with copyright issues could benefit copyright holders all over the world.

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.