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

1: Torrent Search Engine BTJunkie Voluntarily Shuts Down

First off today, popular Bittorrent search engine BTJunkie has voluntarily closed, taking the site offline with just a brief notice to users. The site, which made it easy for users to find and download files via Bittorrent was one of the most popular file sharing sites on the Web and one of the top Bittorrent sites. BTJunkie, despite its size, was never directly targeted by law enforcement or copyright holders. However, according to one of the founders, the recent legal action against Megaupload and The Pirate Bay helped prompt the move.

2: Tycoon to Aid “Pirate” Legal Fight Against Extradition to the U.S. on Copyright Theft Charges

Next up today, UK citizen Richard O’Dwyer, who was the former administrator the site TVShack, a site that specialized in providing links to illegal streams of copyrighted content, may have found an unusual ally in his fight to avoid being extradited to the U.S. Alki David, most famous in copyright circles as the founder of video steaming service Filmon, which was recently ordered to stop streaming content from several major TV networks, has offered to pay his legal expenses both in his extradition fight and in the U.S. if he loses. O’Dwyer lost his first appeal to avoid extradition and faces an 10 year prison sentence in the U.S. for criminal copyright infringement even though his alleged crimes aren’t against the law in the UK.

3: Chrysler Hits Possible Copyright Snag with NFL Over Super Bowl Commercial

Finally today, Chrysler struck a cord with it’s 2-minute Super Bowl commercial “Half Time in America”, which starred Clint Eastwood and spoke about a comeback for both Detroit and America. However, the YouTube version of the commercial was pulled down, according to YouTube due to a copyright request from the NFL. Chyrsler said they had no idea why the commercial was pulled, indicating they had no hand in it, but quickly uploaded another version of it and encouraged others to link to 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.

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

1: Yahoo! Counter-sues SPH in Copyright Lawsuit

First off today, U.S. search engine Yahoo! has filed a counter-suit against Singapore publisher SPH. SPH had previously sued Yahoo over some 23 articles that it claims were reproduced substantially on Yahoo!’s sites. However, Yahoo! has now countered saying that the amount copied only extends as far as facts and information, which are not copyrightable, but also cited two articles and an image that appeared on an SPH citizen journalism site though they originated from Yahoo!. Yahoo! also said that the two sides tried to work out a licensing agreement in 2009 but were unable to come to an agreement.

2: File-Sharing Company Sues Record Label, for a Change

Next up today, Megaupload has filed a lawsuit against Universal Music claiming that the record label filed unlawful takedowns of a music video posted to YouTube by the cyberlocker service. The video, which had several big name artists coming out in support of the controversial service. However, Will.i.am, one of the artists in the video, claims he didn’t give his authorization to appear and Universal claims to have filed the takedown over the unauthorized reproduction of a performance by one of their artists, likely Will.i.am. However, Megaupload claims to have gotten releases from all of the artists involved and is seeking damages from Universal over the takedown.

3: YouTube Pulls Official The Last of Us Trailer Due to ‘Copyright Claim’

Finally today, in another case of a questionable YouTube DMCA takedown, the official trailer for the upcoming game “Last of Us” was taken down due to a copyright complaint, even though it was uploaded by Sony. However, even though the takedown was reportedly from Viacom, it appears that it may have been a mistake from Sony who, after being notified of the issue, apologized for it and had the video restored. No word if it was Sony who filed the takedown and, if so, why Viacom was listed as the filer.

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: Universal Censors Megaupload Song, Gets Branded a “Rogue Label”

First off today, cyberlocker site Megaupload released a music video featuring many of music’s top stars including Diddy, Will.i.am, Snoop Dog and more. Though the video didn’t talk about copyright issues, it showed the artists talking about how much they love or use Megaupload, even as the RIAA and the MPAA seek to classify Megaupload as a “Rogue” website that enables widespread copyright infringement. However, Universal Music has filed several takedown notices against YouTube version of the video, putting Megaupload’s account at risk of being banned even though, according to Megaupload, the label doesn’t own anything in the video. Site founder Kim Dotcom went on to say that Universal was a “Rogue” label and that they had filed a counternotice relating to the video.

2: Yoga Pose Copyright Bid Too Much of a Stretch, U.S. Says in Bikram Battle

Next up today, the U.S. Copyright Office has announced that it is reversing course and no longer accepting registrations for yoga poses and other exercises. The office, in an email that was submitted as evidence in a dispute between two New York-based yoga studios, the Copyright Office said that yoga poses, “Do not constitute the subject matter that Congress intended to protect as choreography,” and, as such, will not provide registration certificates for them. Previously, the Copyright Office had done so, even if the poses were in the public domain, but reached the new conclusion after reviewing the legislative history of copyright law.

3: YouTube acquires RightsFlow

Finally today, Google’s YouTube service has acquired RightsFlow, a licensing service that specializing in streamlining the licensing process for music. The move is, most likely, an effort to simplify and speed up the process of licensing music on YouTube. YouTube, which is currently being sued by Viacom for its practices in its early years, has been working hard to secure licensing and rights to music and videos uploaded to its service and, by acquiring RightsFlow, seeks to simplify that process.

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 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.

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

1: SAP to Settle Copyright Abuse Charges by Oracle

First off today, SAP has agreed to plead guilty to criminal charges related to its ongoing dispute with Oracle. The issue centers around a now-shuttered SAP subsidiary, TomorrowNow, which Oracle accused of unlawfully downloading and distributing their software, a fact SAP has admitted to. Criminal charges in the matter were filed yesterday in the U.S. District Court in San Francisco but it appears that a plea deal has already been struck, though it will remain under seal pending court approval. The move also likely signals a plea deal in the separate civil case, which saw Oracle initially win a $1.3 billion award only to have that reduced to $272 million by the judge.

2: Copyright Bill Returns, but Top Court to Wade in Too

Next up today, Canada’s controversial C-32 bill is scheduled to make another return according to Heritage Minister James Moore, who says he hopes to pass the bill before Christmas, but there may be further delays as the Canadian Supreme Court is set to rule on a series of copyright cases that could change how the bill is interpreted. The bill, which is a far-reaching overhaul of Canadian copyright law, will likely be on hold pending the court’s rulings on the cases, including one asking whether teachers who make copies of textbooks for classrooms should be shielded from paying tariffs. Moore also says that the bill is contrary to what the U.S. has wanted, apparently trying to rebut criticism that the bill is primarily aimed at appeasing U.S. interests.

3: Pearl Jam’s Ten Club: Are They Eddie Vedder’s Copyright Police?

Finally today, when a reporter uploaded footage he took from a an Eddie Vedder solo performance, he was surprised to find that his video was taken down, not from a copyright complaint by Vedder, Pearl Jam or their label, but by The Ten Club, Pearl Jam’s official fan club. Vedder nor Pearl Jam has commented on the case, though it would be highly unusual to authorize a fan club like that to file takedown notices as the notices have to come from an authorized agent to be valid. If this is the case, it could represent a new strategy among musicians to seek out and remove unwanted YouTube clips.

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.