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

1: Judge Limits Potential LimeWire Copyright Payout to $1.5 Billion

First off today, in the Limewire case that is still ongoing, the judge has placed a limit on the potential monetary award by saying that the record labels do not deserve statutory damages for each dowload, but rather, just an award for each file infringed. However, with some 10,000 works being involved in the case, that means those damages could be anywhere between $7.5 million and $1.5 billion. A similar case with a separate set of record labels was settled last week while this one is schedule to go to court shortly.

2: AP Sues Urban Outfitters, Others Over ‘HOPE’ Image

Following the AP’s settlement with artist Shepard Fairey over the Obama “Hope” poster, AP has now gone after retailers that were selling the poster on various items, including Urban Outfitters Inc., Nordstrom Inc. and Zumiez Inc. This move comes as another case against a different clothing company is scheduled to go to trial later this month.

3: Group Challenges Arrest of Man for ‘Linking to Other Websites’

Finally today, Demand Progress has begun circulating a petition on behalf of Bryan McCarthy, the former owner of ChannelSurfing.net, which had his site seized and then was arrested by the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). McCarthy’s site was one that embedded links to streams of various sporting events, most of which were posted online elsewhere unlawfully. According to the DHS and ICE, McCarthy’s actions were a form of criminal copyright infringement but Demand Progress claims that all he was doing was linking to sites, that the arrest is “shocking” and could affect other linking sites. Demand Progress plans on delivering its petition to ICE at the end of the week.

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.

After a week away due to illness, we are back and with a vengeance and a ton of copyright news to cover. Not only do we have a strange settlement in one of the most important fair use cases in some time, but we have the record labels agreeing to pay for copyright infringement and a big win for Harry Potter in the states. All in all, there was a lot to talk about and this was an extremely busy show!

This week’s stories include:

• Shepard Fairey and AP Settle Case, End Dispute
• Record Labels Settle “Pending List” Lawsuit in Canada
• Harry Potter Plagiarism Lawsuit Tossed in the States
• Sony Targets PS3 Hackers
• Anti-Piracy Attorneys Team Up
• 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.

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

1: Associated Press, Artist Settle in Obama ‘Hope’ Poster Lawsuit

First off today, Shepard Fairey, the artist behind the Obama “Hope” poster, has settled his long-running legal battle with the Associated Press. The AP, whose reporter took the photo that the poster was based on, claimed that the poster was an infringement but Fairey had claimed it was a fair use. However, the two sides agreed to disagree on the legal issues and Fairey has agreed to never use another AP photo in his artwork again. Also, there was an undisclosed financial settlement but we have no idea which way it went or for how much. A separate lawsuit involving a manufacturer of T-shirts with the image is continuing separately.

2: Sony Launches Legal Action Against PlayStation Hackers

Next up today, Sony has launched legal action against George Hotz and others who released the key for the PS3 that could, in the future, enable the running of any software on the system, including pirated games. Hotz, who is best known for breaking the security on the iPhone, is named alongside of 100 others associated with the hacking group fail0verflow, which was responsible for the leak. Hotz has said that he is confident the legal action won’t succeed and is ready to defend himself against it.

3: Record Labels To Pay $45 Million for Pirating Artists’ Music

Finally today, in Canada, record labels have agreed to pay some $45 million for copyright infringement. The lawsuit stems from a “pending list” in which labels would use tracks on compilation CDs and, rather than paying the royalties, put the track on the list to be paid later. Artists, fed up with the unpaid royalties sued the labels. Though the damages could have been as high as $6 billion, the two sides agreed on a settlement that would bring all existing pending list claims up to code. However, it seems that the practice itself is unlikely to change.

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: U.S. Copyright Law ‘Isn’t Working’

First off today, at talk yesterday RIAA President Cary Sherman said that modern copyright law, in particular the DMCA, is not working for content creators and that it leaves too many loopholes for middle men to turn a blind eye to infringement. Though he stopped short of pushing for new laws, saying he would prefer to cooperate with said intermediaries, he did say that he would be open to new legislation if needed. Sherman further clarified to say that he was only interested in legislation if it were needed to formalize the cooperation and that he did not want it without the cooperation of others.

2: Trial date set in AP-artist dispute in NYC

Next up today, the judge in the Shepard Fairey case has set a trial date, indicating that jury selection for an estimate 3-week trial will begin on March 21. However, it is still very likely the case will never make it to trial given that a settlement is always possible and both sides are likely to request summary judgments. Still, if this case does go the distance, we have an idea of when to expect the trial to begin barring any postponements.

3: Tyler Perry Wins ‘Mad Black Woman’ Court Appeal

Finally today, the Appeals Court upheld a jury verdict in the Tyler Perry case. Perry had been accused of stealing the idea from “Diary of a Mad Black Woman” from actress and writer Donna West. Two years ago, jury found West had not made her case and, yesterday, the Appeals Court agreed, saying there was nothing improper in the trial.

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 might have been a holiday weekend but it was a booming week for Copyright news with major stories from all over the world including some right from our own backyard. We learned that 2010 is already the biggest year for file sharing lawsuits, the Shepard Fairey case has taken a major turn and innocent infringer status may not be so easy to claim.

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

This week’s stories include:

• U.S. Copyright Group Puts RIAA to Shame
• Shepard Fairey Gets Some Bad News
• Supreme Court May Hear Innocent Infringer Case
• Danish Supreme Court Moves to Block The Pirate Bay
• Single Pirate? Find a Date!
• 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.

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

Due to the holiday weekend it was something of a slow week for copyright news so Patrick and I decided to try something new. We spent some of podcast taking your questions and also getting your opinion on the stories as well.

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

This week’s stories include:

• ISOHunt Loses, Then Goes Lite
• Stan Lee Wins His Copyright Dispute
• Judge in Fairey Case Demands Information
• Photography/Artist Organizations Plan to Sue Google
• La Dolce Vita Porn Parody Spared in Court
• 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: Isohunt Goes Lite for Visitors From the U.S.

First off today, bittorrent search engine Isohunt has released a “lite” version of its site for U.S. visitors. This version is designed to make the site look and function more like Google or other search engines and is a direct response to a U.S. court order demanding that the site pull down infringing results from the service.

2: NYC Judge Orders Disclosure of Those Who Deleted or Destroyed Records in ‘HOPE’ Artist Case

Next up today, the judge in the Shepard Fairey case has ordered his attorneys to turn over records and information on anyone who participated in falsifying or destroying evidence related to the case. This comes after the artist who created the Obama “Hope” poster admitted to having falsified evidence to make it seem his poster was based on a different image, thus strengthening his fair use case. This evidence tampering is already the subject of a separate criminal investigation and according to the AP, who is suing him over the poster, it has made the discovery process “burdensome”.

3: Judge Rejects $750M Copyright Lawsuit Against Marvel and Stan Lee

Finally today, investors in a failed venture entitled “Stan Lee Media” have failed in their suit to obtain copyright interest in several of Stan Lee’s creations, which are owned by Stan Lee himself and Marvel Comics. The investors had claimed they were owed royalties for their use in print and elsewhere but the judge dismissed their suit, citing a statute of limitations issue 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 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: Judge: ‘HOPE’ Artist Under Criminal Investigation

First off today, Shepard Fairey, the artist who created the iconic Obama “Hope” poster is now being investigated by a grand jury over his admitted lies to the court about which photograph was used and for allegedly falsifying evidence. It is unclear the exact charges Fairey may face, if any, but the judge has said that it will not affect is ongoing civil proceedings with the AP, who sued him for copyright infringement over the poster.

2: Baidu Cleared in Copyright Infringement Case Brought by IFPI

Next up today, the Chinese search engine Baidu has been cleared of copyright infringement in a Chinese court in a case brought by the IFPI for Baidu’s deep linking to illegal MP3 files. According to the ruling, there is nothing illegal under Chinese law about linking to infringing material. The IFPI filed a similar suit in 2005, where it was ruled that the files were not infringing.

3: Internet Companies Voice Alarm Over Italian Law

Finally today, a new law from Italy that is scheduled to be approved next month would make it the responsibility of ISPs and sites, including those like YouTube, to monitor for copyright infringement by their users and hold them liable if they fail to do so. Concerns are being expressed that this could negatively impact Italy’s already-struggling digital economy.

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.

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

1: Judge: ‘HOPE’ Artist Can Switch Lawyers in AP Suit

First off today, Shepard Fairey, the much beleagured artist of the Obama “Hope” poster, found himself in court again yesterday. However, this time, he got some good news as he was allowed to change legal teams. His previous attorneys, headed by Anthony Falzone from the Stanford Center for Internet and Society, had asked to withdraw after it was discovered that Fairey had falsified evidence in the case.

Fairey, who is being sued by the Associated Press, after suing them first, is accused of violating the AP’s copyright in the creation of his now-famous poster. Fairey claims that his use is transformative and, thus, qualifies as a fair use. However, Fairey had originally claimed that he had used a different picture, one with George Clooney in it as well, something the AP disputed. However, Fairey pushed the issue, even after discovering he had made a mistake, going as far as to submit false evidence. After he admitted to doing this, his attorneys filed a petition to remove themselves from the case, which the AP opposed.

However, the judge sided with Fairey’s attorneys and he will now be represented by, among others, Geoffrey Stewart of the Jones Day law firm and William Fisher III. Stewart is also the director of the Berkman Center for Internet and Society at Harvard University.

The judge does not expect any delays in the case, seeking a trial by early summer, and the next hearing is scheduled for March 5.

2: Microsoft Pulls Windows 7 Download Tool

Next up today, Microsoft has once again earned the ire of open source advocates and has removed, at least temporarily a product it was offering at their request.

The application, a tool used to install Windows 7 on netbooks and other computers with a DVD drive, appears to have used source code from the open source application ImageMaster, without complying with the requirements of the GPL, including the disclosure of alterations to the source code. Microsoft has removed the product while it evaluates the situation and apologizes for any inconvenience.

Microsoft has had several run ins with the open source community, even as they have been more aggressive in courting them in recent years, including releasing several projects under open source licenses.

3: Man Presses $400 Billion Lawsuit Against Bon Jovi

Finally today, for those who like a little bit of weird news with their copyright diet, we have an appeal in the $400 billion (yes, billion, with a “b”) lawsuit against Bon Jovi.

According to the lawsuit, in 2004 Samuel Bartley Steele released a song entitled “(Man I Really) Love this Team,” as an ode to the Boston Red Sox. Copies were sent out to executives of the team as well as players and others involved with the team. Then, in 2007, during the playoffs, Bon Jovi released “I Love This Town”, which was used by MLB to promote baseball on television. According to Steele, the song is an infringement of his work but even his own musicologist testified they weren’t very similar. This caused the judge in the suit to toss it before it went to trial, saying that no reasonable jury would believe it to be an infringement.

However, Steele has now appealed the ruling, letting the lawsuit live for another day. That is, at least until the appeal gets shot down…

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.

Is this thing on? It’s been a month since the last show and longer since Patrick was on the show but not we are back and we have the regular crew working. Both me and Patrick are here and we do our best to recap the big stories while we were gone but, most importantly, recap the past week of news and get back into the flow.

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:

• Skype is Saved!
• Viacom May Have Dirt on YouTube
• Fairey Admits to Lying
• Pirate Bay Admins Banned From Running Site
• “Psycho-Acoustic Simulation”
• 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.