3 Count: Fair Response

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1: Judge Rules “Locker” Site is Not Direct Copyright Infringer

First off today, in the lawsuit between the movie studios and the file locker service Hotfile, Hotfile has scored the first victory getting the judge to drop the studios’ charge of direct copyright infringement. However, the judge is allowing the case to go forward on the issue of secondary liability for Hotfile’s alleged hosting of infringing materials. The win is of potentially huge importance for Hotfile as direct infringement is not protected under DMCA safe harbors. However, there are still questions as to whether Hotfile qualifies for such protections due to their reward system that pays users for uploading popular files.

2: Study: Fair Use Drives Large Part of US Economy

Next up today, a report commissioned by the Computer and Communications Industry Association (CCIA) found that some 17 percent of the U.S. GDP is made from fair use, totaling $4.5 trillion in revenue in 2009, up from $3.4 trillion in 2002. The study, which was meant to show the importance of fair use exemptions, went on to warn against legislation such as PROTECT IP which, according to Colorado Democrat Jared Polis, could weaken the Internet and threaten this revenue.

3: Announcing the Winner of the Public Knowledge “Copyright School” Video Challenge!

Finally today, Public Knowledge announced its winner in its $1,000 contest to create a video in response to YouTube’s controversial “Copyright School” short. The video, which touts fair use and counter-notices aims to be the “rest” of the copyright story. YouTube’s Copyright School video, which is required viewing for members who have been the subject of takedowns, drew criticism for only briefly mentioning fair use and ignoring remixes and mashups.


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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