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

1: Warhol Foundation Sued by Velvet Underground Over Banana Design

First off today, members of the band The Velvet Underground have sued the Any Warhol Foundation claiming that they have illegally used a banana design on various commercial products without the band’s permission. The image, which was originally created by Warhol himself for the group, became a symbol of The Velvet Underground after the band used it on their first album in 1967. According to the band, the image doesn’t have copyright protection because neither Warhol nor anyone involved with the work sought to copyright it (a requirement before 1978) and now it is commonly associated with the band rather than Warhol. As such, they accuse foundation, which was created after Warhol’s death in 1987, of using the image to artificially imply the band’s approval of the products it’s placed on. The band is seeking a declaration that the foundation has no copyright interest in the logo and an injunction against its use.

2: EMI Records Launches Action Against State Over Anti-Piracy Order

Next up today, the EMI (along with, according to some reports, the other three major record labels) has filed suit against the State of Ireland over alleged foot-dragging in crafting a statutory system for dealing with alleged file sharers. According to the filing, the government has, for some time, been promising a “three strikes” system for dealing with suspected file sharers but has failed to produce as much as a draft. According to EMI, such a system is a requirement of EU law and the delay in implementation has cost the industry significant amounts of money in the country. The Irish government, on the other hand, has promised to release its proposal later this month.

3: U of M Sues Website Operator for Posting Psych Test Online

Finally today, the University of Minnesota has filed suit against New Zealand-based website operator Andrew Dobson over his creation of a “cheat sheet” designed to help people obtain a desirable score on a psychological test created by the university. The test, known as the MMRI, is a 500-question long test used to diagnose mental disorders and is commonly a part of psychiatric evaluations. Dobson allegedly posted copies of the test along with a guide for “normalizing” your score on it. However, doctors fear that pre-exposure to the test can skew the results, even without attempts to deceive it.

Suggestions

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

Want the Full Story?

Tune in every Wednesday evening at 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.

This week’s news has a decidedly international flare but not before we cover some ground in the tech world, namely why it might be harder for your computer to get time and date information. Beyond that we have a major political party adopting the Pirate Party platform in the EU, an appeal of the Digital Economy Act in the UK and an update on how “three strikes” is working out in France. Just to name a few stories.

All in all, this is an episode that you do not want to miss.

This week’s stories include:

• Copyright Suit Caused Date/Time Database Server to Go Down
• ISPs Get Clearance to Appeal Digital Economy Act
• EU Greens Adopt Pirate Party-Like Platform on Copyright Matters
• HADOPI Posts Annual Report, Gives Numbers on “Three Strikes”
• Australians to See Mass Bittorrent Lawsuits
• Is It Legal To TiVO Radio?

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: France Acts Against Net Pirates

First off today, HADOPI, the French organization that is overseeing that nation’s “three strikes” law, announced that it has some 60 alleged file sharers that are on their third notice and may get their Internet access cut. The organization sent out 650,000 initial warning letters and 44,000 second warnings but, so far, only sixty have ignored both and now face additional action. Those 60 will be visited by a government advisor who will assess the circumstances and provide insight on what action may be appropriate.

2: Australian Individuals Targeted for Movie Piracy

Next up today, Australia is the newest target of mass file sharing lawsuits. as a group name the “Movie Rights Group” has sued some 9,000 unnamed defendants in the country for allegedly sharing the movie “Kill the Irishman”. The move follows similar litigation tactics, which have struggled in the US and the UK.

3: Is It Legal To TiVo The Radio?

Finally today, the Spanish-language media giant Univision is threatening to sue DAR.fm, a site that makes it possible to safe radio programs for later listening, similar to what TiVO does for television. Though format and time-shifting programs is generally considered to be legal, DAR offers a paid service where users can shift their saved radio shows to other devices, such as MP3 players. The law seems to forbid such commercial copying. DAR is owned by Michael Robertson, who is probably best known for his site MP3.com and the lawsuits the eventually closed it.

Suggestions

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

Want the Full Story?

Tune in every Wednesday evening at 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 is Friday again and that means that it is time for another episode of the Copyright 2.0 Show.

With the holiday weekend in the U.S., it was a slow week for copyright news but it was still an important week as the largest verdict in copyright history was set aside, we get the first measures of effectiveness from New Zealand’s “Three Strikes” law and the pirate party fights and loses its bid to prevent a copyright extension in the EU.

All in all, it may be a shorter show but it’s not one that you want to miss.

This week’s stories include:

• Oracle’s $1.3 Billion Verdict Reduced
• Three Strikes Law Brings About Slowdown in Pirate Traffic
• Pirate Party Fights, Loses Against Copyright Extension
• Google Touts Copyright Advances
• Bloomberg Must Defend Itself Against Swatch Over Analyst Call
• At Least One Aussie Phone Directory Not Protected by Copyright

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: Copyright Law Puts Brakes on Internet Traffic

First off today, as the dust settles from New Zealand’s “three strikes” law, in which repeated file sharers can be fined and banned from using the Internet, it seems that it has had at least some impact. According to one industry insider, P2P traffic coming into the country has dropped by about 10%, though they emphasize that it’s too early to tell if that’s a trend. According to the same report, despite being in force since the beginning of the month, ISPs have not yet started receiving infringement notices.

2: Bloomberg LP Must Defend Swatch Analyst Call Case

Next up today, Bloomberg will have to defend itself against a lawsuit filed by Swatch, which accuses the magazine of infringing their copyrights over an analyst call. According to Swatch, Bloomberg recorded an analyst call and posted the transcript on their site. The court ruled against Bloomberg’s motion to dismiss saying that the work did qualify for copyright protection since Swatch recorded the call on their own. The motion to dismiss, however, did not rule on the merits of the infringement claim, just stated that Swatch had grounds to move forward with the suit.

3: Telstra Calls on Attorney-General Over Copyright

Finally today, Australian telephone company Telestra has lost a critical ruling saying that its phone directory division, Sensis, can not claim copyright in its phone book. Sensis sued a competitor, Phone Directories Company, over the company’s alleged copying of their directory information to release a competing phone book. The judge ruled that Sensis’ product does not qualify for copyright protection because it was, for the most part, compiled automatically and not by humans. The company is queueing up to talk with the country’s Attorney-General Robert McClelland to seek copyright reform to better protect electronic databases.

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: Oracle’s $1.3 Billion Verdict Against SAP Thrown Out by Judge

First off today, the judge in the Oracle/SAP case as set aside the record-breaking $1.3 Billion verdict against SAP and has reduced it to $272 Million. The case stems from SAP’s allaged downloading and use of Oracle software through its now-defunct TomorrowNow software-maintenance unit. The two companies are competitors in the business management software sector, with SAP being the largest. SAP has admitted that was liable but disputed the damage amount, prompting the judge to reduce the award. The judge has ordered a new trial on damages be held if Oracle does not agree to the reduction.

2: No Infringement Notices So Far – ISPs

Next up today, in New Zealand, one day after the country’s new “three strikes” law has taken effect ISPs are reporting that no infringement notices have arrived for them to process. Rightsholders claim that they are still working on means to ensure a smooth transition to the new system and that the notices will trickle in over time, rather than hit like a wave. The law requires ISPs to pass along notices of infringements and offers the Copyright Tribunal the ability to punish repeat offenders with up to $15,000 fine and possible disconnection.

3: Cop is Suspended for Downloading a Pirated Movie in his Squad Car

Finally today, a bored police officer in Madison, Wisconsin has been suspended after he downloaded the movie Hall Pass illegally using his in-car laptop. The illegal download was discovered after the laptop became infected with a virus due to the download, forcing action from the department’s IT personnel to clean it off. The officer’s name has not been released.

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: Music Execs Want to Know How a (Possibly Imaginary) 13-Year-Old Brought Down Bieber on YouTube

First off today, at least some music executives are asking questions as to how a possibly fictional 13-year-old was able to successfully get music videos by Justin Bieber and Lady Gaga, among others, removed from YouTube for several hours. As reported earlier, the user, named ILCreative, had filed copyright notices against the official YouTube channels of many artists. New details, however, are showing that ILCreative was able to do so because he or she had been authorized as a YouTube partner and that gave them greater access to file copyright reports. Though some music executives are pushing for answers, others are calling it an isolated incident that is not a sign of a larger problem.

2: Survey: College Plagiarism Is at an All-Time High

Next up today, a Pew Research Center survey indicates that more than half of all college students believe that plagiarism has increased over the last ten years and nearly 90 percent put at least some of the blame on the Web and computers. Other results from the study find a wide expectation in the growth of digital textbooks and online eduction.

3: No Internet Rush to Beat Copyright Clampdown

Finally, today is the day that New Zealand’s “three strikes” law takes effect but it doesn’t appear that Internet users in the country rushed to download all of their files beforehand. There was no reported spike in data usage despite the law’s deadline. However, in other articles, there has been a report of users switching to using proxy services in an attempt to avoid detection under the law.

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: Copyright Office Advocates Eliminating Compulsory License

First off today, the U.S. Copyright Office, which advises Congress on copyright-related matters, has recommended that the U.S. phase out cable and satellite statutory licenses. Those licenses make content from providers, such as networks, available for a flat fee under the law. The Copyright Office would like to phase out those licenses in favor of having cable and satellite providers work with rightsholders directly. Most feel Congress is unlikely to act on the recommendation, especially since it is the USCO’s fourth attempt at phasing out these licenses.

2: Labour Promises Online Copyright Reform

Next up today, in New Zealand, the day before the country’s “three strikes” law is to take effect, the Labour Party in the country has made copyright reform, including the repealing of the above law, part of its party platform. They’ve promised to repeal the law within 90 days if elected into office. They also promise to look at the entirety of the copyright act and seek out other, broader copyright reforms.

3: US Studios Avoided Telstra Battle and Went After iiNet Instead in Copyright Case

Finally today, cables leaked by Wikileaks reveal that, in Australia, the movie studios deliberately avoided picking a legal fight with the larger ISPs and, instead, sued the third-largest company, iiNet, over allegedly not doing enough to stop copyright infringement over its network. Specifically, the studios wanted to avoid a tussle with “the big guns” Telstra BigPond, which they feared would be in a better position to defend and win the lawsuit. The iiNet case is currently about to be heard a third time, this time before the High Court of Australia.

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: Zediva Bows to Court Order, Suspends Online DVD Service

First off today, DVD streaming service Zediva, in order to comply with a recent court order, has ceased operations. The service, which previously allowed users to rent a DVD player via the Web to watch a physical DVD was the subject of a lawsuit from the movie studios, which in turn got an injunction against them on the grounds they were violating the movie’s public performance right. Zediva is appealing the ruling but is also emailing their existing customers about how to handle already-purchased credits.

2: UBC Joins Throng of Schools Opting Out of Copyright Contract

Next up today, in Canada the University of British Columbia has joined with 15 of the 25 biggest schools in the country in dropping their contract with Access Copyright. Access Copyright is a licensing group founded by authors and publishers to handle licensing and compensation for collegiate use of their work. However, after Access Copyright tried to impose higher fees and require greater monitoring of use, many schools have walked away from their existing agreements, setting the stage for them to either limit use copyrighted works or strike deals with publishers directly.

3: ’3 strikes’ File Sharing Law Kicks in From Today

Finally, today is the day in which New Zealand’s “three strikes” legislation takes effect, meaning that copyright holders can now send notices to ISPs within the country regarding suspected copyright infringement by users. Those ISPs then have to forward on those notices and, after three such notices, account holders may have their access cut. Similar laws in other countries have had mixed receptions and approaches, including a recent U.S. agreement that is bringing a “six strikes” system this country.

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: George Lucas Loses U.K. ‘Star Wars’ Copyright Case

First off today, Andrew Ainsworth, a London-based prop designer who first created the iconic “stormtrooper” helmet for the first Star Wars movie, has won a legal battle against the movie’s director, George Lucas, that will allow him to continue to sell copies of the helmets made from the original mold. The Supreme Court upheld a 2009 Appeals Court ruling that said the helmets were costumes, not sculptures, and thus were not protected by copyright law. However, the court also ruled that Ainsworth had violated copyright law in the U.S, thus barring him from exporting his helmets here. Ainsworth, however, had already stopped shipping to the U.S. after losing a similar court case in the U.S.

2: News Aggregator Loses Online Copyright Appeal

Next up today, UK news aggregator Meltwater lost its appeal against the Newspaper Licensing Authority (NLA) which said that, as a distributor of aggregation software, its end users must get licenses from the NLA or respective publishers to use their content. This lawsuit began in September 2009 after the NLA introduced a licensing scheme that made such a requirement and, though 22 aggregators and 280 companies signed on, Meltwater did not and opted instead to litigate.

3: French Downloaders Face Government Grilling

Finally today, ten alleged file sharers are being called before HADOPI, the organization overseeing the nation’s three strikes system, to explain their actions. The users each have been the subject of three reports of copyright infringement via their Internet connection and are not being asked to explain their actions. HADOPI, if the user doesn’t show or doesn’t provide a compelling explanation, may take the matter before a judge who can issue a fine of up to 1,500 euros or diconnect them from the Web for a period of a month. Some say that conviction may be difficult as HADOPI only has their IP address but the group says that they have additional proof in that the users received the second warning letter and took no other action.

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.