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

1: Judge Slams Attorneys in ‘South Park’ ‘What What (In the Butt)’ Copyright Lawsuit

First off today, a judge has ruled in favor of the TV show South Park and its owners, Comedy Central and Viacom, saying that their use of the YouTube sensation “What What (In the Butt)” was a clear fair use. The lawsuit, which was brought by Brownmark Films, who made the original video featuring the artist Samwell (who is not involved in the lawsuit), after South Park in an episode entitled “Canada on Strike” did a parody of the video with South Park characters singing the song. According to the judge, who had previously dismissed the suit in July, the use was a clear cut case of fair use and has now ordered Brownmark to pay Viacom’s legal bills, totalling over $30,000 in the case. However the judge has offered to reduce the fees further if Brownmark can show it is unable to pay. That being said, Brownmark is appealing the ruling so those fees could actually rise.

2: Copyright Trolls Auction Off €90 Million in File-Sharing Settlements

Next up today, in Germany, the law firm Urmann has been very active in suing and seeking settlement from suspected file sharers. However, in an attempt to extract some revenue from defendants that haven’t settled, the company is looking sell the “debt” to a collection agency. At stake is some 70,000 defendants who, according to Urmann, owe 1286.80 Euros each, meaning about 90 million Euros ($120 million) in total if every case is settled. This would be the first such sale of its type though there is no indication as to how much Urmann is hoping to get for the sale but it seeking bidders among debt collection agencies.

3: World Media Infringes Copyright To Show More Of Angry Birds

Finally today, photographer Matti Matikainen took a photo of Teija Vesterbacka, the wife of Rovio CEO Peter Vesterbacka wearing an Angry Birds-themed dress in honor of Rovio’s popular game. However, Matikainen’s photo ended up being spread far and wide, including appearances on Techcrunch, LA Times, Dailymail and Mashable among others, all without licensing or payment. Matikainen’s friend and colleague, Kari Kuukka, took to his blog to talk about the issue and about how the free exchange of photos online is kiling the licensing market, hurting many photographers.

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: Viacom Responds to YouTube’s Interpretation of Copyright Law

First off today, YouTube and Viacom both have filed papers with the Second Circuit Court of Appeals pitching their case for their interpretation of the law. At issue is specifically “red flag” takedowns, which are scenarios when a host must remove copyright infringing material despite a DMCA notice not being filed. According to YouTube, they only have to remove content when they are aware of an infringement that is obvious and doesn’t require investigation. Viacom says that interpretation is too broad and that an ISP must act if it is aware of an infringement, even if it is not aware of the specifics.

2: ‘Project Runway’ Copyright Suit Filed by St. Charles Photographer

Next up today, photographer Marcie Cobbaert has filed a lawsuit against the producers of “Project Runway” claiming that she took photos for one of the designers on the show only to have them used as part of the broadcast without her permission. The suit also accuses Lifetime, the network behind the show, of turning the photos into advertisements by including a watermark for the network over them when they were on air.

3: TalkTalk, Virgin and Sky Asked to Block Newzbin2

Finally today, UK IPSs TalkTalk, Virgin and Sky have all received letters from the Motion Picture Association (MPA) requesting that they block the Usenet service Newzbin2. The move comes after the MPA secured a legal victory against BT, a different ISP in the country, forcing them to do the same. Virgin and Sky have said they will comply with the order but TalkTalk has taken issue with elements of it, including who has to pay for the blocking to be applied.

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.

There’s a recurring theme this week of things either coming back from the dead, trying to come back from the dead or looking at issues that people thought were dead. A strangely fitting theme as we get closer and closer to Halloween.

This includes an appeal that could resurrect the Viacom/YouTube lawsuit, the U.S. Copyright Czar being “cozy” with copyright holders during a critical time and the Time Zone Database being brought back to life after being shutdown due to a lawsuit.

All in all, this is one episode that you do not want to miss!

This week’s stories include:

• Viacom and YouTube Have Appeal Heard
• Copyright Czar “Cozy” with Copyright Holders Leading up to “Six Strikes”
• Michelle Bachmann Joins Chorus Opposing PROTECT IP
• Jail Sentence Confirmed for Pirate Bay Founder
• Time Zone Database Returns Thanks to ICANN
• 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: Court May Revive Viacom Copyright Claim Against YouTube

First off today, the Second Circuit Court of Appeals asked tough questions to lawyers representing both Viacom and YouTube in their appeal. Viacom sued YouTube and its parent Google in 2007 claiming that, in the early years of the site, they openly encouraged and built their business on pirated video clips. However, the trial court ruled that YouTube qualified for safe harbor protection under the DMCA and tossed the case. Viacom appealed the decision, which is what was heard today. The court laid out a series of conditions that would have to be met to reverse the lower court ruling and YouTube hit back saying that, out of the 63,000 clips in dispute, none could be shown to not be removed after a proper DMCA notice.The court did not render an immediate decision and is expected to post its verdict in a few weeks.

2: Porn BitTorrent Litigation Getting Trickier, Lawyer Says

Next up today, attorney James C. White, who represents adult film company K-Beech, has said that filing mass bittorrent lawsuits has gotten trickier in large part due to cut-and-paste filings passed around bittorrent sites that oppose his motions. The lawsuits work by trying to enjoin thousands of defendants into a single suit for the purpose of discovery and then forcing ISPs to turn over customer information. Many of the defendants have used these filings to fight that process in a bid to make litigation more difficult and expensive. White also noted that, in such lawsuits, between 35-55 settle very early in the litigation process.

3: West Yorkshire Police Accused Of Copyright Theft

Finally today, in the UK, the West Yorkshire police department have been sued for allegedly infringing the copyright of a software developer when building their own forensic application. Forensic Telecommunications services (FTS) alleges the department used software it develops to get data off of mobile phones for evidence-gathering in creating their own version of the tool. FTS even said that the department included mistakes that were made in their original, proving that the departments version, originally called CLIVE and then renamed OLIVE, was a copi. The West Yorkshire Police have denied this allegation.

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: Monster YouTube-Viacom Copyright Battle Is Back

First off today, the three sides involved in the Viacom v. Youtube case will soon be before the 2nd Circuit of Appeals. Viacom, The English Premier League and YouTube will each have 45 minutes to make their case before the court. The lawsuit stems from a 2007 filing by Viacom, which the English Premier League and others were joined into, in which the media giant sued YouTube and its new owner Google for $1 billion for alleged copyright infringement during its early years. However, a judge in the lower court tossed the case, saying that YouTube qualified for safe harbor protections as a host. Viacom is hoping to have that ruling overturned so it can move forward with its lawsuit.

2: Bachmann Joins Voices Questioning Online Copyright Bill

Next up today, Republican Presidential candidate Rep. Michele Bachmann has come out against the PROTECT IP act, which would, among other things, require ISPs to block sites that are deemed to be copyright infringement, Bachmann is concerned that the government would be interfering with the Web and could use it as a tool of censorship. Bachmann joins the Tea Party Patriots, as well as many groups on the left, in her opposition to the bill.

3: Screenwriter Claims Copyright Infringement In ‘Hangover Part II’ Lawsuit

Finally today, the Warner Brothers comedy “The Hnagover Part 2″ has been hit with another copyright infringement lawsuit. This one is by screenwriter Michael Alan Rubin, who claims the film copies elements from his script, “Mickey and Kirin”. According to Rubin, his script is based on events from his own life, prompting him to also sue for defamation, fraud and other charges. The producers of the film had previously settled a lawsuit with the tattoo artist that made Mike Tyson’s face tattoo, which was featured prominently in the movie and replicated on one of the main characters.

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.

Things are starting to slow up a bit for copyright news as the holidays approach and things get a little more quiet in the courts across the world. But that doesn’t mean we don’t have a great show lined up with updates on the Viacom/YouTube case, the U.S. Copyright Group and a flashback for Patrick and I as we go back (to the past) to talk about circumventing game lock out devices on systems past.

This week’s stories include:

• Viacom Appeals YouTube Case
• U.S. Copyright Group Drops 1000s of Lawsuits
• iCopyright Sues Former Partner AP
• XBox Modding Case Dropped
• Wikileaks Exposes U.S. Involvement in Spanish Copyright Law
• LimeWire to Close
• Avast Gets Creative With Piracy

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: Viacom Replays Copyright Claims in YouTube Appeal

First off today, as was widely expected, Viacom filed its appeal in the YouTube case on Friday, taking the matter before the 2nd U.S. Circuit Court of Appeals. Viacom sued YouTube and its parent company, Google, claiming that the site rose to prominence by ignoring and even encouraging piracy. However, the lower court threw the case out saying the site qualified for safe harbor protections for removing works when notified. However, Viacom believes that YouTube does not qualify for such protections due to their encouragement of piracy and willingness to turn a blind eye to it.

2: LimeWire to Shut Down Completely on Dec. 31

LimeWire, which recently lost its suit to the RIAA, which accused it of enabling massive amounts of copyright infringement via its file sharing software, has decided to shut its doors on December 31. The move comes after an injunction barred LimeWire from enabling file sharing over its software, which it complied with in October. The company had planned to launch a legal music service but it seems that those plans have been scrapped as well.

3: Wikileaks Cables Reveal That the US Wrote Spain’s Proposed Copyright Law

Finally today, as the Wikileaks cable scandal is breaking, diplomatic cables between the U.S. and its Spanish embassy seem to show that U.S. trade representatives effectively wrote the new proposed copyright law in Spain, which is due up for debate shortly and is aimed at making file sharing sites illegal. It remains to be seen if and how this revelation will affect the debate but there’s already been a great deal of conversation about it on the Web.

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 was a busy week for copyright news with a lot of great stories, even if some of them were a bit on the predictable side. We start out with the Viacom/YouTube war and its next phase and then step into the World of Warcraft before heading back to more traditional ground and finishing with a lawsuit literally held together by velcro.

It was a strange week to say the least and a show you don’t want to miss!

This week’s stories include:

• Viacom Appeals YouTube Ruling
• Google Leaker Discovered, Actually Not
• Blizzard Wins $88 million judgment in World of Warcraft Case
• Major Lyrics Site to be Shuttered
• In Germany, Anti-Piracy Efforts Go Awry
• “Bruno” Sued Over Velcro, Slips Away

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: Viacom Appeals YouTube Copyright Infringement Case

First off today, in news that should surprise no one, Viacom has filed its appeal in its case against YouTube. Viacom, which had previously sued YouTube claiming the site was liable for infringing videos posted to it, lost in a summary judgement in the lower court after the judge ruled that YouTube was protected by DMCA safe harbors. However, Viacom said they were confident they would prevail on appeal and seems to be doing exactly that.

2: Source OF Google Leaks Outed In Viacom/Youtube War

Next up today, speaking of the Google/Viacom case, one of the greatest mysteries about the case appears to have been solved. Earlier in the case someone involved in the matter leaked embarrassing information about Google to CNet. Evidence at the time pointed to reporter Bob Tur, who was also suing Google and was privy to the information, an allegation Tur denied. However, Tur has recently dropped his participation in the class action against Youtube and will pay the company $20,000. In exchange YouTube nor Google will pursue Tur or his law firm any further for the leak.

3: KickassTorrents Taken Down After Copyright Concerns

Finally today, KickassTorrents, a torrent site with rapidly rising popularity and fame, has been shut down after Ukrainian officials expressed concerns to the site’s host. The action, however, is only expected to have a temporary effect as the administrators expect to have the site back online within a few days after moving the servers to a different country. However, this may mark the end of Ukraine being viewed as a safe haven for bittorrent sites, a longstanding view held by many.

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: Google Spent $100 Million Defending Against Viacom’s $1 Billion Lawsuit

First off today, on an earnings call Google stated that it had spend some $100 million to fend off Viacom’s recent $1 billion copyright infringement lawsuit. The suit, which is under appeal after being dismissed before a trial, may still wind up costing Google even more as additional motions and other actions unfold. This news has raised questions about how much VIacom spent on the suit though that information is not known.

2: U.S. Authorities Shut Down WordPress Host With 73,000 Blogs

Next up today, the blog host Blogerty has been shut down by U.S. law enforcement officials, taking down some 73,000 blogs, though the reasons for the closure are not clear. Many suspect that it is due to copyright-related issues as the removal times out with an ongoing campaign against infringing websites but no proof of this has been presented and both law enforcement officials and the host are being quiet about the reason for the closure. The service, which lacked backups, is still down though linking to a forum threat about the closure.

3: Guns N’ Roses Uploader Laughs Last

Finally today, Kevin Cogill, who was convicted of leaking tracks from the latest Guns N’ Roses album, Chinese Democracy, has not had to fulfill at least one of the requirements of his plea deal. In the deal he was sentenced to home confinement and probation if he agreed to do a PSA on piracy. However, two years later, no PSA has been made and the court’s jurisdiction on the matter has ended. Citing “various elements” including production costs, the RIAA decided not to make a PSA using Cogill, effectively releasing him from that part of his deal.

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.