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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.

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

It was a slammed week for copyright news and with Patrick back from his trip to the west coast we couldn’t waste a moment before diving on in to the news. We start out discussing the SAP/Oracle case, which saw criminal charges get filed and settled almost the same day, Hotfile pulls a bit of turnabout on Warner Brothers and the EU copyright extension that went through.

Then there was six more stories to go…

All in all, this is an episode you do not want to miss so fire up your MP3 players and give it a listen!

This week’s stories include:

• SAP Faces Criminal Charges, Settles Them Immediately
• Hotfile Sues Warner Brothers Over DMCA Abuse
• EU Extends Sound Recording Copyright from 50 to 70 Years
• Authors Guild Sues Several Universities
• Google Pressed to Block Pirate Sites
• 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: Hotfile Turns Tables, Accuses Warner Brothers of DMCA Abuse

First off today, file locker site Hotfile, which is already being sued by the major Hollywood studios, is turning the tables and filing a lawsuit against Warner Brothers, accusing the studio of abusing the DMCA process. According to Hotfile, Warner Brothers abused a tool provided Hotfile to quickly remove files from the service. They did this by removing thousands of files that Warner did not own, most of which seem to have been removed accidentally due to use of an automated bot that was not adequately verified by a human. If liable, Warner could be ordered to pay any damages Hotfile suffered due to the fale takedowns.

2: CBC Demands Removal of Mac Radio App

3: Righthaven: We Might Have To Declare Bankruptcy

Finally today, Righthaven, the company that has filed lawsuits for infringement of content from the Las Vegas Review-Journal and the Denver Post, has asked the Judge to lift a $30,000 legal fee award it had been ordered to pay defendant Wayne Hoehn. According to Righthaven, the fee could bankrupt the company, which recently laid off its only in-house attorney and lost the Denver Post as a client. The filing also stated that they have signed a new deal with their remaining client, Stephens Media, the owners of the Review-Journal, to iron out the copyright ownership issues that resulted in several of its suits, including the one against Hoehn, being dismissed.

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: Judge Fines Righthaven $5,000

First off today, a Las Vegas judge has fined Righthaven, the group suing alleged infringers of content from the Las Vegas Review-Journal and the Denver Post, $5,000 for misrepresenting its relationship with Stephens Media, the parent of the Review-Journal. According to the judge, Righthaven attempted to manufacture standing in its various lawsuits through an agreement with Stephens Media that did not actually grant them grounds to sue. According to Righthaven, the issues were unintentional and have been fixed in changes to the agreement. Several of Righthaven’s cases have been dismissed on these grounds and the new versions of the agreement are still subject to court challenges. Righthaven is considering an appeal.

2: The Dark Knight Rises ‘Trailer’ Removed for Copyright Infringement by Warner Bros.

Next up today, a trailer for the upcoming movie “The Dark Knight Rises”, the third and final movie in the recent Batman series, has been removed from YouTube and other video streaming sites. The trailer made its debut before “Harry Potter and the Deathly Hallows: Part 2″, which first hit theaters Friday at shortly after midnight. According to Warner Brothers, the studio behind “The Dark Knight Rises” the official version of the trailer will be released today for the public.

3: Aretha Franklin’s Songwriter Sues Over Royalties

Finally today, songwriter Norman West, who has partnered with Aretha Franklin for over 20 years, is now suing Franklin’s publisher for unpaid royalties. According to West, Springtime Publishing Inc. has not gotten a signed royalty agreement for Franklin’s song “Put It Back Together Again,” which appears on Franklin’s latest album. West is also suing over copyright infringement of “Watch My Back,” an earlier song. According to West, he holds the company in high respects but felt forced to take this action after private collection efforts failed.

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: Tattoo Artist Settles Tyson Dispute With ‘Hangover 2’

First off today, the lawsuit between Warner Brothers and the tattoo artist that created the famous tattoo on Mike Tyson’s face have settled their dispute. The lawsuit, which centered around a replication of the tattoo used in the movie “The Hangover 2″, has been settled. The suit had threatened to prevent the movie from being released, though the judge in the case allowed it to move forward despite what she viewed as a strong likelihood that the plaintiff, S. Victor Whitmill, would succeed in the suit. The terms of the settlement were not disclosed but the legal wrangling between the two sides had been particularly hostile at times, with Warner even threatening to digitally alter the tattoo in DVD releases to avoid an expedited trial.

2: Fly Ruling is Not a Free Pass for Aggregators

Next up today, the 2nd Circuit Court of Appeals has ruled on the TheFlyontheWall.com case, which put the investing site against Barclays, a prominent global bank. TheFlyontheWall.com had been running headlines of Barclays stock picks and ratings in near-real time. This prompted Barclays to sue the site claiming “Hot news” copyright infringement, or infringement of breaking news. However, the court disagreed with Barclays and, though it upheld the hot news doctrine in principle, said that Barclays was making the news and TheFlyontheWall.com was breaking it, meaning it wasn’t an infringement. There is no word if Barclays intends to appeal to the Supreme Court.

3: UK Media are Trying to Set up a Copyright Firewall

Finally today, in the UK a coalition of media groups have banded together to lobby for changes to the country’s copyright enforcement policies, including a site blocking scheme that is fast enough to deal with live events being broadcast illegally online. The proposal document, entitled “The Potential for a Voluntary Code”, has already drawn fire from critics, including the Open Rights Group, which wanted to attend the meeting where the document was drafted but was denied admission. Many worry that the outlined process is so quick it would circumvent existing legal protections and that it would inevitably target legitimate sites.

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: Copyright Advocates Slam ISPs for Not Stopping Piracy

First off today, representatives at the World Copyright Summit in Brussels, Belgium lashed out at ISPs accusing them of not doing enough to police user behavior and prevent rampant copyright infringement online. Robin Gibb, the singer of the BeeGees, was particularly strong worded saying that copyright was under “attack” and that authors need to “receive what is properly due to them”. Other representatives, however, raised the issue of legal alternatives saying the copyright industries are not doing enough to make their works available legally.

2: ‘Hangover II’ Tattoo Lawsuit: Warner Bros. Will Alter DVDs If Case Doesn’t Settle Soon

Next up today, Warner Brothers has said they will alter the tattoo on Ed Helms’ face in the movie “Hangover 2″ if the copyright dispute between them and the Missouri tattoo artist who designed a similar tattoo for Mike Tyson is not settled before the DVD release. In an opposition filing to the plaintiff’s request for an expedited trial, Warner said that it plans to digitally alter the image, thus eliminating any further damages. The judge agreed with Warner and tentatively set a jury trial for early 2012, rather than the desired August.

3: WPP Blacklists More Than 2,000 US Websites

Finally today, WPP, an advertising group that buys advertising space on behalf of advertisers such as Ford, Unilever, AT&T and IBM, has announced they are blacklisting some 2,000 US Websites that promote piracy. Through GroupM, their media buying arm, they spend about $3.5 billion on buying ad space but have announced they will not be doing business with the sites because they are “serious about combating piracy and protecting our clients’ intellectual property as forcefully as we possibly can.” This list will be updated as suspected pirate sites change domains and new ones are set up.

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: Anonymous Threat Taken Seriously

First off today, members of the group Anonymous, upset about the recently passed legislation in New Zealand to suspend suspected file sharers from the Internet, have threatened to attack the New Zealand Parliament’s website, as they have done with other sites in the past. The government has said that they are taking the threats serious and are taking steps to mitigate against the potential attack. There is no word as to when the attack is scheduled to begin or how serious the threat is.

2: Dropbox Attempts to Kill Open Source Project

Next up today, cloud-based file synchronizing service Dropbox has filed a “mistake” DMCA notice and has attempted to kill an open source project, Dropship, which takes advantage of Dropbox’s hashing system to share files. Dropbox, which synchronizes files between computers via the Web, using a hashing system to prevent it from storing a file more than once. Dropship uses this system to allow Dropbox users to share files using just the hash, having the file appear in both user’s Dropbox folder. Dropbox has requested the project be removed from Github, which its owner did voluntarily, and has removed copies of Dropship stored on their server. Dropbox has admitted a DMCA notice it sent was a “mistake”, caused by a bug in Dropbox’s file removal system, but has continued to try and shut down all mirrors of the software.

3: YouTube Is Said to Be Near a Major Film Rental Deal

Next up today, reports from industry insiders indicate that Sony, Warner Brothers and Universal have all inked deals with Google to rent movies via YouTube, a project that has been in the works for at least two years. According to reports, the prices will be similar to the rental rates on iTunes and other competitors. Currently independent filmmakers already offer such rentals on YouTube for $2 to $4 per viewing.

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: New Zealand Outlaws Internet File-Sharing

First off today, as widely expected, New Zealand passed its new anti-piracy law yesterday, which opens up fines of up to $15,000 and can disconnect alleged file sharers for up to six months. The legislation was rushed through Parliament in under 48 hours and was only voted against by the Green Party and two independent MPs. The new law takes effect September 1st though it won’t apply to mobile networks until 2013.

2: YouTube Is Sending Copyright Offenders Back to School

Next up today, YouTube is sending those who receive copyright infringement notices back to school, requiring them to watch a four-minute video and pass a short test on copyright before they can upload more clips. The video, which stars characters from the Happy Tree Friends, goes over the basics of copyright and fair use in a comical, though still PSA-like manner. YouTube hopes that this will educate users on matters of copyright and reduce the number of infringing videos that are uploaded.

3: New Setback for Warner Bros. in ‘Superman’ Litigation

Finally today, Warner Brothers has suffered another setback in its legal fight against the estates of the creators of Superman, who are trying to reclaim the copyright in the iconic superhero. Specifically, Warner Brothers was wanting access to alleged agreements between the estates of Joel Shuster and Jerry Siegel, the creators of Superman who are seeking copyright termination, meaning they would control Superman moving forward. Warner Brothers wanted to force the plaintiffs to turn over alleged agreements they had made, which Warner claims to be in violation of copyright, but the court ruled that they were not discoverable as they were protected by attorney-client privilege. The case over who will own Superman in 2013 is currently in front of the Ninth Circuit Court of Appeals.

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: Can You Sell Your Imported Gadgets? Court Guts “First Sale”

First off today, the Ninth Circuit Court of Appeals has ruled in the Omega watch case and may have changed the first sale paradigm. The case stems from a lawsuit in which Omega Watches sued Costco, which legally purchased watches overseas for sale in their stores in the U.S., against Omega’s wishes. Omega was initially denied in court but then added a small logo to the watches and sued for the illegal importation of copyrighted works, they won at the district court and the Appeals Court has now agreed. This could potentially change the first sale doctrine, which allows a user to resell legally obtained copyrighted works and has many worried.

2: Labels Try to Catch Porn Industry With Pants Down

Next up today, Warner Brothers and a collection of other labels have sued RK Netmedia, a pornography company that, they claim, has unlawfully used their music in their videos. According to the film studio, the use of the music is a fair use and the result of ambient sound from live recordings, the record labels disagree and are suing for the maximum damages allowed, calling the use of the music “calculated”.

3: Who You Gonna Call? Ghostbuster Feud Lands MySpace In Court

Finally today, Ben Davis, the person behind “Ghost Scene Investigations” has sued Myspace claiming that his copyrights and trademarks are being violated by Keith Engel, who runs “Ghost Scene Investigations of Tulsa”. Engel set up a page on Myspace to promote his services, prompting Davis to sue both Myspace and Engel. Most experts believe both the trademark and copyright claims to be dubious, especially against Myspace which is given safe harbor from copyright liability as a host.

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.

1: Generic Wizard Night

First off today, a London woman known only as “Ms Marmite” on the Web received a very interesting legal threat from Warner Brothers. Marmite owns “The Underground Restaurant”, a home-based restaurant that had planned a “Harry Potter” dinner for Halloween and the night before. However, Warner took exception to this, sending a cease and desist notice, prompting Marmite to change the name of the event to “Generic Wizard Night”.

The notice cited both trademark and copyright issues with the event. But while, legally, it seems that Warner is in the right, it may be a case where the bad press and lessened exposure might do more to hurt the company and the Harry Potter brand than help it.

Marmite is going ahead with the event, but is changing the names of some of the dishes as well as the event itself.

2: StoneLoops! of Jurassica Pulled from App Store

Next up today, there’s yet another copyright tiff unfolding in Apple’s App Store for both the iPhone and the iPod Touch. The oddly-named StoneLoops! of Jurassica puzzle game has been pulled from the store, following a copyright complaint from Mumbo Jumbo.

The problem is that Stoneloops! according to Mumbo Jumbo, was too similar to their game, Luxor, which is also available in the store and it both violated their copyright and caused customer confusion.

But what makes the case so interesting is that both games are in the “marble-popping” genre of puzzle games, where marbles move down a snaky path and the player has to “burst” them by shooting marbles of the same color into them. This genre far predates the iPhone and even goes back to 1998 and a game called Puzz Loop. Also, similar games are still available in the store, including Zuma, which is one of the best known.

3: Fakes Seized During Barras Raid

Finally today, officials raided the Barras market in Glasgow over the weekend and seized some £20,000 ($32,000) in fake DVDs among other counterfeit goods and resulted in some 21 arrests.

The raid involved some 80 officers and was conducted with the help of investigators from Federation Against Copyright Theft (Fact) and the British Phonographic Industry (BPI).

Those who were arrested are currently still in custody pending further investigation.

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.