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.

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

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

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

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

This week’s stories include:

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

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

Show Notes

About the Hosts

Jonathan Bailey

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

Patrick O’Keefe

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

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

1: ABC Sports Says Pawlenty Misusing Olympics Footage

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

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

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

3: U of C Says No to Copyright Collective

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

Suggestions

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

Want the Full Story?

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

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

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

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

2: Goojje Not to Change Logo Despite Google Objection

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

3: Pirate Movie Privacy Case Set For The Supreme Court

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

Suggestions

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

Want the Full Story?

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

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

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

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

This week’s stories include:

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

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

Show Notes

About the Hosts

Jonathan Bailey

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

Patrick O’Keefe

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

1: Labels Offer to Settle Thomas-Rasset Case for $25,000 Donation to Charity

First off today, almost immediately after the judge in the Jammie Thomas file sharing trial reduced the damages award from $1.92 million to $54,000, the record labels came back and offered a settlement of $25,000 to charity and a vacation of the remittitur order that reduced the judgement. Thomas’ attorneys responded quickly, rejecting the offer saying that they would not accept any offer that forced their client to pay any money. This has set the stage for the RIAA to likely undergo a third trial in the case, this one solely on the issue of damages.

2: Amazon and Others Slam Revised Google Books Deal

Next up today, the objections to the revised Google Book Search settlement are now flowing in including many of the strongest objectors to the first settlement such as Amazon. The settlement, which allows Google to scan, display and sell copies of in-copyright but out of print books was revised to address antitrust issues raised by the Department of Justice. Many companies, including Amazon, are concerned the settlement may give Google too much power over the digital book industry.

3: Microsoft Sues Prominent BitTorrent Tracker For $43m

Finally today, Microsoft is joining forced with Lithuanian anti-piracy outfit LANVA in filing a $43 million lawsuit against the largest bittorrent site in the country, LinkoManija, and its administrator, Kestas Ermanas.Kestas, however, said he was surprised by the action as Microsoft has never sent a takedown request to the site, something they had offered to do for them, and he stopped running the site in December of last 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 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: Court Reduces ‘Shocking’ File Sharing Award

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

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

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

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

Finally today, tech publisher O’Reilly has seen an increase of over 100% in the eighteen months since it dropped DRM from its eBooks, further damaging the notion that DRM is useful tool to increase sales. Though most of this increase is likely due to increased traction in the eBook market in general, it is very interesting to see a DRM-free eBook publisher doing so well.

Suggestions

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

Want the Full Story?

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

1: Judges Tosses Pooh Copyright Claims Against Disney

First off today, a judge has tossed out a lawsuit by the heirs of Stephen Slesinger over the iconic Winnie the Pooh character.

Slesinger was a television and film producer who, in the 30s, purchased the merchandising rights to the character and then sold them to Disney in 1961 in exchange for a royalty. However, Stephen Slesinger Inc., a company that represents his estate, accused Disney of accounting trickery to lower the royalties paid.

The initial lawsuit was thrown out after thirteen years of litigation due to misconduct by a private investigator. However, the heirs sued Disney again, this time for copyright infringement, only to now have this suit thrown as well.

The litigation has been going on since 1991 and is actually continuing as the heirs still have a claim against Disney pending before the U.S. Patent Office.

2: Copyright Alliance Calls For Content Control

Next up today, The Copyright Alliance, a non-profit coalition of artists who support stronger copyright law, has created an online petition asking for President Obama to “pursue policies supportive of the rights of artists.”

The petition stops short of saying exactly what those policies are or would be, but goes to great lengths to portray copyright holders as “the essence of America” and contributors of $1.52 trillion to the GDP.

The petition currently has over 7,500 signatures from artists and copyright holders of all stripes and is growing rapidly.

3: Ignoring RIAA Lawsuits Cheaper Than Going to Trial

Finally today, something a bit different. If you’ve been sued by the RIAA and you’ve missed your chance to settle, should you: A) Defend yourself in court? B) Ignore it.

Well, according to a recent article by Nate Anderson, the answer is that you’ll come out much cheaper if you do the latter. Judges in four cases gave defendants who didn’t respond to lawsuits, and thus lost automatically, got the minimum amount per song $750. For ten songs that amount came out to $7,500 for the entire suit. Compare that to the per-song awards by the juries in the two Thomas cases, which were $9,250 and $80,000 respectively and the difference is clear.

Though the cheapest route is to still settle the case, which usually costs about $3,000, ignoring the case does appear to be cheaper than the alternative.

This is what happened to Joel Tenenbaum, who narrowly avoided a default judgment being entered against him when he showed up in court and the judge located attorney Charles Nesson “Help” him and wound up making him liable for $22,500 per song.

Suggestions

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

Want the Full Story?

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

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

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

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

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

This one definitely seems to be far from over.

2: Pez sues museum over giant dispenser

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

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

3: Is the Copyright Royalty Board Unconstitutional?

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

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

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

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

Suggestions

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

Want the Full Story?

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

1: Jammie Thomas will appeal, lawyer says

First off today, Jammie Thomas plans on appealing her case, focusing on the constitutionality of the damages levied against her. She has said that she is not interested in any settlement that involves her admitting guilt or paying money and has decided, despite the $1.9 million judgment against her, to appeal the case in hopes of either getting the verdict tossed or the damage reduced.

However, as Ben Sheffner points out in a quote, Thomas has an uphill battle on this front as no Federal court has done what she and her attorneys are asking it to do.

After the first trial, there are reports she received an offer to settle the case for about $25,000, an offer that was passed up in favor of a retrial, where the current $1.9 million verdict was handed down.

2: Ruling for Salinger, Judge Bans ‘Rye’ Sequel

Next up, Judge Deborah A. Batts has issued a preliminary injunction, barring the sale of “60 Years Later: Coming Through the Rye” in the U.S. saying that it is an unauthorized sequel of the book “Catcher in the Rye”, written by J.D. Salinger, and is thus a likely violation of Salinger’s copyright. This comes after the judge issued a temporary 10-day order late last month.

Fredrik Colting, the Swedish author of the new book, said his work was intended to be a parody and expressed disbelief at the “banning” of his book. He could still take this matter to trial but the book can not be published in the U.S. until the litigation is resolved.

However, the book is currently published in the UK.

3: The Copyright Catch 22

Finally today, attorney Ronald S. Rosen, who successfully defended John Williams against claims he lifted musical elements when writing the score for E.T.: The Extraterrestrial, explained why he has not released video or podcast versions of his book to help laypeople understand the intricacies of music. Namely that he would need to obtain licenses to use the music, even short passages, in any talk, video or audio presentation he gave.

This highlights the issue with teaching music copyright to up and coming attorneys outside of the courtroom and classroom. It raises a slew of questions about how to educate attorneys and laypeople about these issues moving forward.

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.