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

1: RIAA IP Addresses Matched to Illegal BitTorrent Download

First off today, a series of articles from the blog Torrentfreak have connected IP addresses allegedly associated with the RIAA, Sony Pictures, NBC Universal, Fox Entertainment and even the palace of French President Nicholas Sarkozy with downloading files via Bittorrent. The blog used a new site entitled YouHaveDownloaded, which monitors some 20% of the Bittorrent traffic and records IP address information. Visitors can then see what the service has found that they’ve downloaded or check other IP addresses. There’s been no comment from any of the organizations involved.

2: Sony, Warner Join Suit Against Grooveshark Music Service

Next up today, in a move that was predicted last week, both Sony and Warner Music have joined Universal Music’s lawsuit against the streaming service Grooveshark. The lawsuit, which Universal filed in November, alleges that Grooveshark executives uploaded tracks to their streaming service in violation of copyright law. Grooveshark denies this and claims that its tracks are user uploaded and, as such, it deserves safe harbor protection from the DMCA. However, according to Universal, emails and other information obtained through an earlier lawsuit indicate otherwise. Sony and Warner joining the lawsuit now means that the three biggest record labels are involved and the fourth, EMI, which currently licenses its music to Grooveshark, is in the process of being sold to Universal.

3: Court Will Test Time-Shift Drift

Finally today, the Federal Court of Australia is taking up a case that could have a major impact on the nation’s copyright laws as it pertains to time shifting. The case centers around Optus, a local cell phone carrier, being sued by a slew of sports leagues and TV networks. According to the plaintiffs, Optus is illegally enabling users to record and stream live TV, including football (soccer) and Rugby matches on their phone. According to Optus, this is completely legal as time shifting, recording TV for viewing at a later date, is legal. However, the lawsuit alleges that, since the act is done via the cell network, those rules don’t apply and that since there is such a small delay between when a work is recorded and available, that it isn’t true time shifting and is instead just moving the media to a more convenient platform. Many, however, are predicting that this is an area of Australian copyright law that is ripe for legislative action, possibly making any impact from this case short-lived.

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: Book, Record Industries Attack Righthaven Fair Use Ruling

First off today, the Association of American Publishers and the Recording Industry Association of America both filed amicus briefs with the 9th Circuit Court of Appeals in one of Righthaven’s lawsuits. Righthaven, which sued nearly 300 bloggers and webmasters over alleged infringement of content from the Las Vegas Review-Journal and the Denver Post, has had their campaign on hold in recent weeks due to a string of legal defeats. However, the associations aren’t filing briefs in hope of reviving the lawsuits, rather, they are addressing a narrow fair use issue in one of the cases, a ruling that, according to them, could be disastrous for copyright holders. Neither brief addresses the issue of Righthaven’s position to use, the grounds on which it lost the case.

2: Ad Network Not Guilty of Copyright Infringement For Serving Pirate Site

Next up today, the ad network Chitika has come out victorious in a lawsuit that pitted them against publishers Elsevier and John Wiley & Sons. The publishers had claimed that Chitika, which was running ads on Pharmatext, a site that previously offered pirated ebooks. However, according to several industry experts, including attorney Eric Goldman, the ruling leaves the door open for services like Chitika to lose similar fights if copyright holders notify them of the infringement first. If the publishers could have shown that Chitika was aware of the infringement, the result could have been very different and that, in turn, may pave the way for a “notice and takedown” system for ad networks similar to what is proposed in the Stop Online Piracy Act (SOPA).

3: Celeb Photo Agency Sues Gossip Site

Finally today, celebrity photo agency Mavrix has filed a lawsuit against Idontlikeyouinthatway.com as well as related companies CraveOnline Media and AtomicOnline claiming that the site is has unlawfully used photos from the service on “numerous occasions”. The lawsuit is seeking some $3 million in damages as well as an injunction barring the site from using any more of their photos in the future. According to the lawsuit, Mavrix has licensed images for as much as $100,000 a piece, opening the door also to high actual damages as well as statutory ones.

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: House Hearing on Stop Online Piracy Act Scheduled

First off today, the U.S. House of Representatives has scheduled a hearing on the controversial Stop Online Piracy Act (SOPA). The bill would allow rightsholders to get court orders to order ISPs and search engines to block access to “rogue” sites dedicated almost solely to piracy and also force payment processors and advertisers to stop doing business with such sites as well. The hearing will be at 10 AM ET Wednesday in Room 2141 of the Rayburn House Office Building and, most likely, will be webcast. An online protest, entitled American Censorship Day, is being planned for the same day in a bid to target the hearing.

2: RIAA: Google Refused to Remove MP3 Download App

Next up today, according to industry insiders, Google has refused to remove an app from the Android App store entitled “MP3 Music Download Pro” even though, according to labels, the app is widely used for copyright infringement. Google has removed similar apps in the past but has seemingly refused to remove this one saying that it has significant legitimate use. The controversy comes as Google prepares to announce the launch its own music store on the Wednesday of this month.

3: “Shoot the Pirate” Copyright Campaign Descends Into Real Violence

Finally today, in South Africa, the Creative Workers Union of South Africa is warning that their recent anti-piracy campaign is getting out of hand. According to the group, which represents tv and music industry members, claims that their “Shoot the Pirate” campaign has led to real-life violence against street vendors selling pirated goods. At least two brawls have erupted between vendors, artists and the police, resulting in at least two arrests and one injury. Others involved in the campaign have reported receiving death threats and one label boss claims to have hired bodyguards.

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: U.S. Copyright Czar Cozied Up to Content Industry, E-Mails Show

First off today, a Freedom of Information Act request by researcher Christopher Soghoian has unveiled that administration representatives, including the current Copyright Czar, Victoria Espinel, worked in tandem with both the entertainment industries and ISPs to broker the recent “six strikes” deal. That deal has ISPs volunteering to forward notices and possibly cut access of those accused repeatedly of copyright infringement. The involvement was widely speculated on, but the emails reveal both exactly how close the ties were and how little involvement was seen from public interest groups, such as Public Knowledge, who seem to have been brought into the discussion as an afterthought. The deal, which was struck in July, was an agreement between the nation’s largest IPSs and largest copyright holders and is not binding under law.

2: Govt Considers ‘Streamlined’ Piracy Policy

Next up today, in Australia Federal Attorney-General Robert McClelland is calling for a streamlined process for copyright holders to obtain information about potential infringers from their ISPs. McClelland wants to amend the Copyright Act to alter the safe harbor protections so that ISPs have legal motivation to provide the information under a copyright-holder pays system. The system would according to McClelland, would come with judicial oversight and legal safeguards against misuse of information. Submissions for discussion on the proposal are being accepted until November 22nd.

3: Artists Battle Over Credit for Jobs Tribute Logo

Finally today, the dispute over the Apple logo with Steve Jobs silhouette, which became very popular shortly after his death, is starting to get more interesting. At least three designers are reporting to have created the logo and, as reported earlier, one has already filed a registration with the U.S. Copyright Office over it. Though it was originally credited to Jonathan Mak, two others, Chris Thornley and Farzin Adell have also claimed to have created it (the latter being the one who registered it). However, all three seem to acknowledge that it was a likely coincidence the others came up with the same idea and there seems to be no actual animosity.

Suggestions

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

Want the Full Story?

Tune in every Wednesday evening at 5 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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

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

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

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

This week’s stories include:

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

You can download the MP3 file here (direct download). Those interested in subscribing to the show can do so via this feed.

Show Notes

About the Hosts

Jonathan Bailey

Jonathan Bailey (@plagiarismtoday) is the Webmaster and author of Plagiarism Today (Hint: You’re there now) and works as a copyright and plagiarism consultant. Though not an attorney, he has resolved over 700 cases of plagiarism involving his own work and has helped countless others protect their work and develop strategies for making their content work as hard as possible toward their goals.

Patrick O’Keefe

Patrick O’Keefe (@iFroggy) is the owner of the iFroggy Network, a network of websites covering various interests. He’s the author of the book “Managing Online Forums,” a practical guide to managing online communities and social spaces. He maintains a blog about online community management at ManagingCommunities.com and a personal blog at patrickokeefe.com.

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.

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

1: Amazon, Dropbox, Google and You Win in Cloud-Music Copyright Decision

First off today, music locker service MP3Tunes, though found liable for not complying with DMCA notices, has been handed a major win by a District Court and may be paving the way for Amazon, Google and others to launch more efficient cloud music services. In the ruling, the judge gave his approval on both the fingerprinting of audio tracks, which means that MP3Tunes needs only store one copy of a previously uploaded file, and the sideloading of audio tracks, meaning that users can load tracks from elsewhere on the Web. The ruling is a boost for Dropbox, which uses the same fingerprinting technology to save on file space and bandwidth, as well as other music locker services, such as Amazon and Google, that may want to use these features. However, EMI and the other publishers involved in the suit likely plan to appeal the ruling.

2: Oracle Wants Copyright Claims to Remain in Google Suit

Next up today, in its lawsuit against Google over the company’s use of JAVA in the Android operating system, Oracle has filed a objection to keep a copyright element of the suit intact. Google had previously sought dismissal of some of Oracle’s claims stating that API elements were not copyrightable. However, Oracle, in its objection, has asked for that to be resolved at trial saying that no court has ruled as such and that Google requires its partners to respect copyright in its own APIs. Google will have a chance to respond to the objection.

3: It’s Not Over Yet, Jammie Thomas: RIAA Appeals Damage Reduction

Finally today, in a widely expected move, the RIAA has appealed the most recent ruling in its case against alleged file sharer Jammie Thomas-Rasset. The lower court last month reduced the damages she would be ordered to pay from from $1.5 million to $54,000 however, the RIAA is specifically appealing whether Thomas-Rasset’s alleged sharing is “distribution” under the copyright act, which the lower court ruled it was not. This could set the stage for a third trial in the case, likely on the issue of damages alone (for the second time).

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: L.A. Times Sued by David Strick Over Photo Copyright

First off today, photographer David Strick has sued the L.A. Times claiming that the paper is unlawfully using hundreds of his photos. The two sides had worked together to promote Strick’s behind-the-scenes photos of various TV and movie sets. However, the deal soured in 2010 when the Times refused to renew his contract but continued to use his existing photos. Strick, who was never a full-time employee, claims that’s a breach of the terms of his contract and has sued for copyright, claiming to still control full rights in his images. The Times claims that, by uploading the images via their CMS, Strick gave them permission to use the photos even after the deal ended.

2: Record Industry Braces for Artists’ Battles Over Song Rights

Next up today, record labels are bracing as artists who recorded their music in the late seventies begin filing for termination of their copyright agreements. Laws that took effect in 1978 enabled artists to seek termination of their contracts and return control of the copyright to themselves after 35 years. To do that, however, artists need to file for the termination two years before they wish to seek it and within five years of eligibility. That means the artists who recorded in 1978 are beginning to file terminations now for possible completion in 2013. The record labels are considering a legal battle, alleging that recordings are a work for hire, but legal scholars are dubious about those assertions.

3: Sorry, Hollywood: Piracy May Make a Comeback

Finally today, GigaOm author Janko Roettgers penned a piece to warn Hollywood that the factors are ripe for piracy to make a comeback. Between a dubious economy, price hikes on Netflix, restrictions on Hulu and other factors, he believes it to be possible that many consumers, eager to trim their entertainment budgets, may turn to piracy. The article prompted a response from the MPAA, which accused Roettgers of claiming piracy to be acceptable.

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: 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: Why Copyright Holders Love iTunes Match And Pirates Hate It

First off today, more feedback and discussion about Apple’s new iCloud service, in particular its Music Match feature, has been coming in. iCloud, which wirelessly syncs your music across all devices connected to your iTunes account, works with Music Match, which scans your library of songs, including those taken from other sources (legal and illegal) and replaces them with high-resolution legal copies from iTunes that can be synced using iCloud. Copyright holders, who signed deals with Apple to make the service happen, are happy about the new offering as they will be receiving a portion of the $25 per year subscription. However, some pirates, including Peter Sunde of The Pirate Bay fame, are concerned about locking in one’s music to a single platform and the possibility of Apple removing infringing songs without warning.

2: Feds Seize New Domain, Add To “Batshit” Conspiracy Theories

Next up today, Immigrations and Customs Enforcement (ICE) seized the domain of a longtime anti-vaccine activist claiming copyright infringement, a move that has stirred conspiracy theories. According to the owner of the domain, the reason for the seizure was because his domain was hacked and filled with some 70 GB of pirated material as well as links to other illegal content. According to the domain owner, this is a ploy to destroy him, his message and his site, which he has already reopened at a different domain. ICE has not commented on the seizure.

3: Kino.to Raided In Massive Police Operation, Admins Arrested

Finally today, the popular movie streaming site Kino.to has been shut down following the arrest of some 13 people in four different countries. The site hosted no illegal content directly but streamed content uploaded elsewhere, including many popular movies. Though the site was primarily popular with German-speaking countries, it earned a place on the MPAA “notorious markets” list and had been the subject of an injunction in Austria. Police are still hunting for a 14th person suspected of operating the site.

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.