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First off today, the MPAA has filed a lawsuit against the cyberlocker site Hotfile, claiming that the site actively encourages users to upload infringing content and even discourages personal use through a system that rewards users who have files that are heavily downloaded. The complaint includes allegations of direct infringement, inducement of infringement, contributory infringement, and vicarious infringement. Other cyberlockers, such as Rapidshare, have generally won legal battles and have earned protection under the DMCA safe harbors. The MPAA, however, hopes that Hotfile’s incentive system may remove it from such protections.
Next up today, ACS:Law, despite trying to exit the P2P mass lawsuit market, apparently will have to continue its case against 27 suspected file sharers after the judge in the case found their discontinuation notice to be an abuse of court procedure. The case will, almost certainly, still be thrown out but at issue for the judge is the possibility of recovering wasted costs, which could come up in a hearing on March 16.
Finally today, the estate of Elvis Presley has launched a series of lawsuits targeted at sellers of bootleg CDs and DVDs that is says are infringing. This follows on the heels of another lawsuit last mont against Joseph Pirzada, which the estate says source of a DVD featuring footage from a television special the estate holds the rights to.
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.
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