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

1: Warner Brothers Admits Making False Takedown Requests

First off today, Warner Brothers, in its ongoing dispute against file sharing service Hotfile, has admitted that it made mistakes and requested removal of files that it did not hold copyright to. Hotfile had given Warner special access to its site so it could remove infringing files directly but, according to Hotfile, Warner repeatedly misused that ability to remove files it didn’t own, including some open source applications. Warner says that they did make mistakes but that it would be impossible to check every file and that they rely on automated services that, sometimes, make errors. Warner has asked the judge to dismiss Hotfile’s claims against them.

2: Music Rights Group Bills Internet Providers For Piracy ‘Licence’

Next up today, Belgian music rights group Sabam is seeking some 3.4% of the subscriber fees from ISPs in the country for their part in transmitting pirated music. According to Sabam, this would not legalize piracy per se, but rather merely prevent the ISPs from being held liable for their role. ISPs in the country say that this is unfortunate as they are currently working to build legal alternatives to piracy. It remains unclear if Belgian copyright law supports such a broad interpretation.

3: Artist K. Hachiya: Copyright Law Changes Would Affect Cosplay

Finally today, Media artist Kazuhiko Hachiya has warned that, if Japan were to join the Trans-Pacific Partnership Agreement (TPP), a wide-ranging trade agreement already signed between the U.S., Australia and other nations bordering the Pacific Ocean, that the copyright changes could impact cosplayers. The law would enable police to enforce copyright without a copyright holder complaint, which is a current requirement of the law. Cosplayers, who create elaborate costumes to dress as characters in their favorite movies, shows, games and comics, are often creative derivative works based on those characters and could, theoretically, be stopped. Japan’s Prime Minister is expected to announce today if the nation will join TPP talks.

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: ACTA Will Be Signed Saturday, US and Japan Say

First off today, representatives from U.S., Japan, Australia, Canada, South Korea, Mexico, Morocco, New Zealand, Singapore and Switzerland will be in Japan Saturday to sign the controversial ACTA treaty. The treaty, which standardizes both civil and criminal enforcement of copyright and trademark, has drawn controversy from when negotiations first started due, in large part, to its secretive drafting process and that it was drafted outside of existing trade organizations. However, other reports indicate the the EU will not be signing the agreement at this event, due to the fact it has additional steps to take to approve its signing. The treaty will remain open for signing until May 1, 2013.

2: Righthaven Copyright Suits Tossed in Colorado, Too

Next up today, Righthaven, the organization that has been suing websites over content allegedly copied from the Las Vegas Review-Journal and the Denver Post, has had its cases in Colorado dismissed. The Colorado judge, following the lead of his Las Vegas counterpart, ruled that Righthaven did not have grounds to sue as its agreement with the Denver Post only granted it the “right to sue”, which does not exist in copyright law. The Denver Post has already terminated Righthaven’s contract and Righthaven is also fighting a $34,000 judgment against them in a similar case in Las Vegas.

3: Princeton Bans Academics From Handing All Copyright to Journal Publishers

Finally today, Princeton University, in a bid to promote greater access to academic research, has barred its professors from handing over all copyrights to journal publishers, save in cases where a waiver is granted. Its new open access policy gives the university the “nonexclusive right to make available copies of scholarly articles written by its faculty”. Professors can continue to publish research on their sites, the university’s site and other not-for-fee venues.

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: IIA to Develop Copyright Guide for Courts

First off today, following the dismissal of AFACT’s appeal against Australian ISP iiNet, the Internet Industry Association (IIA) has fast-tracked development of an industry code for dealing with copyright-related issues, including what actions ISPs should take in response to infringement. In the lawsuit, AFACT, which represents a variety of copyright holders in Australia, sued iiNet saying it was not doing enough to prevent infringement over its service. The court ruled iiNet had complied with the law, but laid out a groundwork for how ISPs like iiNet could be found infringing in the future. In response to that, the IIA is forming its code, which it hopes courts will consider in future cases.

2: Son of ACTA: Meet the Next Secret Copyright Treaty

Next up today, even as the United States and other countries attempt to get final ratification of the controversial ACTA treaty, another, similar treaty is already being pushed in countries like Australia, Brunei, Chile, Singapore, Malaysia, and Vietnam. According to a leaked draft, Trans-Pacific Partnership (TPP) has provisions very similar to the DMCA in the U.S., including ISP liabiility, anti-circumvention and more. The treaty has been in drafting phase for some time though yesterday’s alleged leak is the first public look at the treaty.

3: Street Artist Thierry Guetta Faces Copyright Infringement Suit

Finally today, Los Angeles street artist Thierry Guetta, best known for being featured in the movie “Exit Through the Gift Shop” and goes by the name “Mr. Brainwash”, is being sued for copyright infringement. According to the suit, which was filed by photographer Glen Friedman, Guetta improperly used a photo of the band Run-DMC in various pieces of artwork. Guetta, who used likenesses of the photograph in various pieces, claims that his work is protected by fair use and is preparing to fight the case.

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: US Trade Agency Releases Final Text of ACTA

First off today the U.S. Trade Agency has released the final draft of the controversial ACTA treaty, which made only minor changes from the previous draft to put to rest a disagreement between EU and U.S. negotiators. The treaty will require nations to do border checks for copyright infringing works, provide means for protecting works online and include injunctions and fines as part of their enforcement measures. The U.S. has announced its intention to sign the agreement as an executive order, meaning without the approval of Congress, though constitutional scholars are questioning if that is possible.

2: Usenet Community Not Guilty Of Copyright Infringement

Next up today, the Usenet community site FTD won at least part of its appeal to Europe’s highest court. The court of the Hague ruled that the service was not liable for copyright infringement for making available copies of a movie by the studio Eyeworks, which had sued the Usenet service provider and won in the lower courts. The court found that FTD was not responsible for “spotting” where users notify each other of the availability of illegal files. However, the court did rule that FTD was liable for “stimulating” illegal uploads via its service. The court also reaffirmed that downloading content is not illegal for personal use in the Netherlands, the home country of FTD, but did say that such a law may violate EU law.

3: South Park Sued for Infringing on Hit Viral Video

Finally today, South Park’s creators Matt Stone and Trey Parker were sued for copyright infringement over a 2007 episode entitled “Canada on Strike” where one of the characters Butters sang a song from the hit viral video “What What (In the Butt)”. The creator of the viral video, the singer Samwell, and the producers of the film, Brownmark Films, have sued South Park for “willful, intentional, and purposeful” copyright infringement and is seeking both an injunction and statutory damages.

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: ACTA Text Shows US Caved in on Internet Provisions

First off today, more detailed analysis about the semi-final draft of the ACTA treaty are flowing in and the consensus seems to be that it isn’t as bad as feared and, for the most part, seems to be a case of the U.S. dropping many of its requests. Some of the earlier fears, such as three strikes requirements and stringent anti-DRM circumvention language were removed or blunted to the point of being left almost completely open. Despite the softer nature, the treaty does face several tough challenges as the EU Parliament has expressed concern over the treaty and Mexico’s legislature passed a non-binding resolution seeking to remove the country from the treaty until they can analyze it.

2: BREIN and Usenet Portal Face Off In Court Over Legality

Next up today, in the Netherlands the anti-piracy outfit BREIN is in court against the Usenet service FTD over FTD’s alleged copyright infringement. According to FTD, they are merely a service that helps users find content on Usenet but, according to BREIN, FTD’s publishing of locations to find infringing material is tantamount to publication itself. The latter is a similar line of legal logic that worked in another FTD case, this one with the movie studio Eyeworks. The appeal of the Eyeworks case will be heard this week as well.

3: NSA “Yelled” at France Over “Three-Strikes” Legislation

Finally today, it seems that the HADOPI “three strikes” law in France may have an additional critic, the NSA. According to a news report by Le Monde, the NSA “yelled” at their French counterparts over the law, which disconnects alleged file sharers after two warnings. According the report, the NSA was concerned it may increase the use of encryption, making it harder for them to monitor traffic.

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: EU Releases Text of Secretive ACTA Copyright Treaty

First off today, the EU has released the final draft of the controversial ACTA treaty. The treaty, which was negotiated by the U.S., Japan and the EU among others and includes several steps designed to reduce piracy, including enforcement of copyrighted works at borders. One controversial paragraph which instructs signing nations to provide laws that let rights holders demand information from ISPs remains in this draft, as does a portion that may open the door for “three strikes” legislation, which would disconnect alleged file sharers after two warnings, though the treaty only calls for nations to follow best practices in this area.

2: Google Denies Oracle’s Android Copyright Complaint

Next up today, Google has responded to Oracle’s lawsuit against them regarding Java’s implementation in their Android operating system. Google’s response, which denies Google has infringed on any code owned by Oracle, also says that the complaint is too vague and does not meet the standards as a petition before the court. As such, Google is requesting that the lawsuit be tossed out. Google also added that Android is an open source operating system, meaning all the code and documentation has been available for some time.

3: KISS Frontman on P2P: “Sue Everybody. Take their Homes, Their Cars.”

Kiss frontman Gene Simmons was at the MIPCOM convention in Cannes, France where he encouraged aspiring musicians to “Be litigious. Sue everybody.” to protect their brand. He said that also goes for file sharers and said that the music industry was “asleep at the wheel” and lacked the courage to sue everyone who downloaded music illegally. Needless to say, his comments have not played very well with many in copyright circles who regard the RIAA’s litigation campaign as a mistake.

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: Police in File-Sharing Raids Across Europe, WikiLeaks Host Targeted

First off today, police in up to 14 countries have launched raids against ISPs hosting so-called “Scene” warez” sites that specialize in swapping content not yet available on the wider piracy networks. Among the hosts targeted was the Swedish host that is home to both The Pirate Bay and Wikileaks though both of those sites seem to be up as of this writing (however, access to The Pirate Bay has been slow and intermittent). Police have confirmed that Wikileaks was not the target and, instead, the raids are aimed at the sites at the top of the “piracy pyramid” as many of the movies and applications leaked to larger file sharing sites first come from specialized “scene” sites. This is an ongoing news story and will likely be updated many times during the day.

2: Leaked ACTA Draft Removes Threat to ISPs

Next up today, a new version of the controversial ACTA treaty has been leaked and gone is the portion of the treaty that would have put a burden on ISPs to take action against file sharers and other copyright infringers. In its place is a suggestion that commercial entities, ISPs and governments cooperate on such issues. However, the treaty still contains very strong protection against the breaking of digital locks (or DRM) and may go beyond even U.S. law in this area. The latest round of negotiations concluded in late August and the treaty is expected to be signed by the end of this month.

3: Court Finds No Copyright in Headlines

Finally today, in a case that’s good news for the 3 Count, a judge in Australia has ruled against Fairfax in its case against Reed International. Fairfax had sued Reed claiming that Reed had infringed its copyright by reproducing headlines and summaries of articles however, the judge ruled that Fairfax failed to show that copyright could subsist in either of the items, thus throwing out the case. Fairfax is considering an appeal.

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: ACTA Officials Firm on September Completion Time

First off today, despite a series of setbacks over the past year, officials are saying that they will have the final draft of the ACTA treaty this month and that the process will be complete. This comes amid rumors that the U.S. has backed down from some of the more controversial aspects of the treaty, including possible liability for ISPs and DRM enforcement, and just after some parties, including the EU, had threatened to walk out. The most recent round of negotiations concluded in late August and the next and (theoretically) final round will start later this one.

2: The Era of Copyrighted Cocktails?

Next up, in my home town of New Orleans, a convention of bartenders discussed the possibility of obtaining intellectual property protection for their drink recipes. Though trademark protection can exist over the names, the actual recipes themselves are not as mere lists can not be copyrighted. Many bartenders have expressed dismay at how others in the field have copied their signature recipes, often selling them to liquor companies under new names for promotional purposes.

3: Hollywood Links Pirate Bay Founding Group To Cyber Attack

Finally today, in USA Networks’ new dramatic series Covert Affairs, the villain of the story, a hacker who had managed to shut down most of Washington D.C., was given an interesting background. Not only was the ex-girlfriend of the series’ protagonist, but also was a member of Piratbyrån, the group behind the founding of The Pirate Bay. According to the series, this made her an “anarchist”. Piratbyrån, for their part, seems to be going along with the joke saying that “It is of course always bad for our credibility when information appears to leak.”

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.

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

1: ACTA Negotiations, Day Two: What’s On Tap

First off today, we return to the ACTA treaty, the negotiations for which are underway in South Korea today, and the draft legislation, provided by the U.S. and Japan, that deals with criminal cases.

According to the leaked draft, the ACTA treaty would extend criminal penalties to those who not only infringe copyright for commercial use, such as counterfeiters, but also to those who pirate content for “cases involving significant willful copyright and trademark infringement” even if there is no financial motivation whatsoever. The treaty also calls for the criminalization of “camming” movies.

This, once again, has many concerned as it could be a large expansion of criminal enforcement of copyright matters, especially in countries such as Canada where it has been extremely limited.

This is all part of the criminal provisions, which is being discussed today, following negotiations of the Internet chapter, which were discussed yesterday.

2: MPAA Wants Congress to ‘Encourage’ 3 Strikes, Filtering

Next up today, the MPAA has send a 35-page letter to the FCC asking them to recommend that Congress adopt a “3 strikes” or “graduated response” system that would see alleged pirates either be disconnected or severely throttled after two warning letters.

Though it has long been suspected that the MPAA would support such a system, this is their first public statement as such.

The MPAA also said that it favors filtering methods to prevent copyright infringing material from being transmitted. Public advocacy groups, such as Public Knowledge, strongly oppose both regimes calling them an undue violation of consumer rights.

This is all part of the FCC fulfilling its requirement under the stimulus act to file recommendations for how to best spend the some $7 billion set aside for advancing broadband in the U.S.

3: Introducing the ‘Psycho-Acoustic Simulation’ Defense to Copyright Infringement

Finally today, a quick dose of Copyright Fail for everyone. There’s been a lot of talk about Bluebeat, an online music site that has been selling Beatles music for 25 cents per track. Though Bluebeat has maintained it is legal, the claims have always seemed dubious as the Beatles are not available for download anywhere, even iTunes.

Predictably enough, EMI, the label which owns the rights to the Beatles recordings, has sued Bluebeat for copyright infringement but Bluebeat has hit back claiming that the songs they are sellling are not the same songs but are, rather, independent creations created through a technical process it calls “psycho-acoustic simulation.” If you have any idea what that means, EMI, I’m sure, would love to get a phone call from you.

According to Bluebeat, this means that their recordings are protected under the same provisions that allow bands to make covers of songs, since they are not identical works. In a related story, every single file sharing defendant has just changed their defense to include the “psycho-acoustic simulation” argument, claiming to have been distributing clever covers of the works involved.

Needless to say, I don’t think this argument is long for the earth, and Ben Sheffner does a great job explaining why, but I have to give them an A for originality.

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.