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

1: Web Protests Piracy Bills, and 2 Senators Change Course

First off, today marks the day of the scheduled protests against the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) as several major websites, including Reddit and Wikipedia, have turned their sites dark for all or part of the day. In face of the protests, two key Senators, Marco Rubio of Florida and John Cornyn of Texas have announced they are dropping their support for both bills. Rubio, a former sponsor of PIPA. The two bills would allow copyright holders to get court orders forcing ISPs to block access to certain “rogue” websites and also require, advertisers and payment processors to cut off funds to such companies. Opponents, however, feel that the legislation could be misused to shut down almost any website and censor free speech.

2: Supreme Court Backs Copyrights for Foreign Works

Next up today, the U.S. Supreme Court ruled in that a Congress has the right to take works that were once in the public domain in the U.S. and put them back under copyright protection. The lawsuit stemmed from a challenge to the Uruguay Round Agreements Act of 1994, which extended copyright protection to a variety of foreign works that previously did not have it as their countries had no existing copyright relationship with the U.S. That changed, however, after the U.S. became a signatory to the Berne Convention and the Uruguay Round of negotiations. According to the court, Congress acted in the “best interest” of the country with the bill and, with a 6-2 vote, upheld its right to apply copyright protection to public domain works. The challenge was brought by a group of orchestra conductors, performers and educators but was also backed by Google.

3: German State Says Publication of ‘Mein Kampf’ Excerpts Might Violate its Copyright on Book

Finally today, the German state of Bavaria has said that a plan by a UK publisher to print three 16-page segments of Adolf Hitler’s “Mein Kampf” may violate their copyright in the book. The publisher, Peter McGee, plans to publish the segments along with commentary critical of the work. “Mein Kampf”, an anti-semetic trieste was written by Hitler while imprison in Bavaria following the 1923 Beer Hall Putsch. After World War 2, the allies agreed to give the state rights to the work and Bavaria has used those rights to prevent almost all republication of it. However, those rights will expire in 2015, 70 years after Hitler’s death.

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. Top Court Rejects Internet Music Download Case

First off today, the U.S. Supreme Court refused to hear a case regarding Internet downloads, letting a lower court ruling that said Internet downloads were not public performances stand. The suit stemmed from the American Society of Composers, Authors and Publishers (ASCAP), which sued to have digital downloads declared as public performances so they could collect royalties, potentially in the tens of millions, on digital sales for songwriters and composers. The Appeals Court, however, ruled that downloads don’t meet the criteria for a public performance and the Supreme Court declined to hear the case without comment, letting the ruling stand.

2: Supreme Court to Consider Whether Congress Can Restore Copyright

Next up today, the Supreme Court will hear a case that pits teachers, conductors and other content users against the U.S. government. At issue is whether Congress can take works out of the public domain once they have been placed there. The suit stems from treaties and copyright extensions that removed works from the public domain and placed them under copyright protection again, works including “Peter and the Wolf” and Alfred Hitchcock’s movie “Number 17″. If they win their case, these works could be placed back into the public domain and be eligible for use by all without paying a fee.

3: Mac clone maker may take fight with Apple to Supreme Court

Finally today, Mac clone maker Psystar has announced that they are prepared to take their case to the Supreme Court. Psystar has been involved with litigation over Apple, which sued them claiming that Psystar’s making of Mac clones, computers running Apple’s OSX operating system though not made by Apple, was a violation of Apple’s OSX license. Apple won both in the lower court and on appeal, the courts agreeing that it was a license violation and shooting down Psystar’s claim of copyright abuse, but Psystar’s lawyers say they are prepared to appeal to the Supreme Court if needed.

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: Lime Wire Settles Copyright Suit with Publishers

First off today, the former file sharing service Lime Wire has settled one of its ongoing cases, this one involving some 30 music publishers. The details of the settlement are not available but this case, filed in June of last year, had already forced the closure of Lime Wire as a service last year and was against both the company and its founder Mark Gorton. However, a separate lawsuit involving another group of publishers is still ongoing and is due to head to court on May 2nd, leaving intact the possibility of a court verdict.

2: Google Fined In French Court For Not Stopping Video Copyright Abuse

Next up today, Google suffered a legal setback in France where a court ruled that Google owed €430,000 in damages to a documentary filmmaker named Mondovino who claimed that one of his works kept appearing both in Google Search and Google Video despite his desire for it not to. The EU, of which France is a member, does have a safe harbor provision similar to that in the U.S., one that prevents hosts from being liable for when users upload infringing material, but the court ruling seems to hinge on the fact that the work kept reappearing on the sites, even after all parties were notified. Details on this case are scant at this time and I will have more as I learn it.

3: Supremes to Decide if Public Domain Works Can be Re-Copyrighted

Finally today, the Supreme Court will be taking a look at the Uruguay Round Agreements Act, which changed the way the U.S. approaches the copyright terms on certain foreign works, including pulling some works out of the public domain in the U.S. that had been there previously. Specifically at interest is the works by many Russian composers, which had no copyright protection in the U.S. before the act was passed but were given it after the fact. This lead to what many are calling a free speech issue and are suing to have those works placed back into the public domain.

Suggestions

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

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

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

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

It was a busy week for copyright news but one story seemed to reign over them all, the 82 domains seized by Immigrations and Customs Enforcement over Thanksgiving weekend. As Patrick, the official rap and hiphop correspondent at the Copyright 2.0 Show, and I attempt to make heads of tails of the seizure, we look at the sites involved, the cases against them and Patrick makes an interesting discovery about one of the rap domains that was taken down.

We also carved out some time to talk about other news including some updates about both The Pirate Bay and the U.S. Copyright Group.

This week’s stories include:

• ICE Seizes 82 Domains for Violating Intellectual Property
• Pirate Bay Founders Lose Appeal
• Supreme Court Refuses to Hear Harper Case
• U.S. Copyright Groups Sues Lawyer, Is Sued By Defendants

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: Author Files Suit Against Broadway’s “Fela!”

First off today, Carlos Moore, the author of the biography of African Musician Fela Kuti is suing the producers of the Broadway play “Fela”, accusing them of lifting whole parts of his book, saying it is the only authorized biography. He is seeking some $5 million in damages and a halt to production, including the upcoming London exhibition. The producers are stunned by the turn of events, saying that Moore is on the show’s site approving of the play.

2: Anonymous Plans to Slow DDoS Attacks, Outlines Patent and Copyright Reform

Next up today, Anonymous, the loosely organized group of “protesters” who famously launched denial of service attacks against various pro-copyright sites have announced that they are slowing their DDOS campaign in favor of a more traditional approach. They have also outlined their platform for copyright reform, which includes a reduction in term of copyright to 25 years in just 2-3 years time and an eventual reduction to 0-1 years. They hope to effect this change through the current political system saying that their DDOS campaign was too widely ignored, even after they began attacking government sites.

3: US High Court Hears Costco Case On Resale Of Foreign-Made Goods

Finally today, the long anticipated hearing of the Costco case before the Supreme Court has begun. The case began after Costco imported Omega watches through a legitimate reseller abroad and sold them in the U.S. for a lower price. According to Omega, the watches contained a logo that was copyrighted and the law prohibits importation of copyrighted works without permission. Costco is arguing that they legally purchased the watches and can resell as they see fit. The case is expected to be a major decision regarding right of first sale among other things.

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: Supreme Court Gets RIAA Copyright Case

First off today, the Supreme Court is being asked to take on the case of Whitney Harper, a woman who was sued for file sharing she committed using LimeWire when she was in high school. The lower court had set the damages to $200 per song, or $7,400 total, claiming she should be classified as an innocent infringer. The appeals court, however, overturned that verdict and set the damages to $750 per song or $27,750 total saying she could not rely on her legal naiveté because the CDs had copyright warnings on them. Harper had said she did not realize she was sharing files and, instead, thought she was just streaming music over the Web. If the court decides to take the case, which it may not do, it will still likely be many months before arguments are heard.

2: Law Firm Asks Alleged File-Sharers To Incriminate Themselves

Next up today, the law firm ACS:Law, which has been on a controversial campaign of mass-litigation against alleged file sharers in the UK, is apparently trying a new approach to get file sharers on the hook. If a target of ACS:Law action denies wrongdoing, the company sends a survey that, according to Torrentfreak, is designed to get the user to incriminate themselves or someone else for the infringement. Recipients of the questionnaire are advised not to answer it and are under no obligation to do so.

3: Warner Bros. Sued for Pirating Anti-Piracy Technology

Finally today, in a bit of piracy fail, Warner Bros. is being sued for patent infringement by German firm Medien Patent Verwaltung, who accuses the movie studio of using their patented DRM scheme without permission. According to the suit, the company demoed their application, which uniquely identifies each print of a film to prevent piracy only to find that the company was later using it without having obtained a license. Warner Bros has apparently filed a patent for a very similar system.

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.

It is Friday 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 this week and we were fortunate enough to be able to cover some late-breaking news that happened as we were recording the podcast. This week’s topics included Obama’s new Supreme Court nominee, a new direction for digital content and a video game bundle that was pirated, for seemingly no reason.

This week’s stories include:

• Should the MPAA Fear Obama’s SCOTUS Nominee?
• Project Playlist Puts Legal Woes Behind It
• Physical Disks or Digital Downloads?
• Pirating to Save a Penny
• LimeWire Loses Suit Against RIAA

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: Why Hollywood Should Be Nervous About Court Pick

First off today, the entertainment industry may be a bit nervous about President Obama’s recent nominee for the Supreme Court, Elena Kagan. Though her bench record on most issues is sparse, her views on copyright are well-known. As Dean at the Harvard Law school for much of this decade, Kegan oversaw the expansion of the Berkman Center, which is not only famously liberal on fair use issues but is also home to Charles Nesson, who famously defended Joel Tenenbaum in his case against the RIAA. She also weighed in on the Cablevision case as the Solicitor General, where she sided with the cable company’s remote DVR system over the objection of the movie studios.

2: Disc or Download? You Decide

Next up today, the Digital Entertainment Content Ecosystem (DECE) is working on a set of draft standards to help make digital download and digital streaming of media content easier and more secure for users. The idea is to create a standard that allows users to stream or view media content wherever they may be on any device. The consortium, which was founded by a group of tech and media companies, also hopes to evolve and push the Blu-Ray standard, calling it the best way to view content available right now.

3: Court Orders Stay On the Release of Kites

Finally today, another major release in India is facing copyright trouble right before its release. The movie Kites, scheduled to open on March 21, has had a stay filed against it until after the parties can meet in court on the 24th. At issue is the rights clearance on several clips used in the film, which the owner says they were never properly paid for. The studio behind the film, however, has announced that they are going ahead with the planned release.

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.

It is Friday 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 but the big story this week was something of a rarity, the Supreme Court handing down a ruling in a copyright case. Even more important, it is a ruling that could potentially impact all copyright holders in a big way. There was also tons of other great news stories including Microsoft being caught in a DMCA tiff with Cryptome, another update on ACTA and much, 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:

• The Supreme Court Saves a Major Settlement
• Microsoft Backs Down Over Cryptome Takedown
• Britain’s Digital Economy Bill Stirs More Controversy
• iiNet Case Far From Resolved
• Are We Safe From Rickrolls?
• 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: US Top Court Sides with Publishers on $18M Deal

First off today, the Supreme Court has unanimously overturned an appeals court ruling throwing out a settlement between authors and newspapers,allowing the deal to go through. The sides struck an $18M settlement after authors sued claiming copyright infringement for the newspapers’ inclusion of their articles in various electronic databases without permission. The settlement was tossed because the Appeals court ruled the lower court had no jurisdiction over non-registered works, which the settlement covered, but the Supreme Court sharply disagreed.

2: Government Denies Wi-Fi Operators Copyright Exemption

Next up today, the three-strikes portion of the Digital Economy Bill in the UK is now even more controversial as the government has refused an exemption for public wifi providers, including libraries, cafes, etc. meaning the services can be shut down if too many instances of infringement are reported. Many fear this will result in fewer organizations offering such services.

3: Free Porn on ‘Tube Sites’ Puts a Big Dent in Industry

Finally today, the porn industry, after seeming invulnerable to the piracy and economic issues that have plagued other content creators, is now in a tailspin as well. Much of the blame is being placed on so-called “tube” sites, which are YouTube knockoffs for adult content, that often provide pirated content for free. This has resulted in thousands of takedown notices and even a few lawsuits being filed.

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.