3 Count: Injunction Junction

3 Count: Injunction Junction Image

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1: Porn Site Loses Appeal to Enjoin Google Image Results

First off today, Perfect 10, fresh off of its good news earlier this week in its case against Megaupload, has suffered a defeat in another case against Google. The 9th Circuit Court of Appeals denied Perfect 10 an injunction against Google Images saying that they had failed to prove irreparable harm and, thus, were not entitled to get an injunction. Perfect 10 testified that, in large part due to Google’s displaying of Perfect 10 content for free, the company is near bankruptcy. However, while the court agreed that bankruptcy is an irreparable harm, Perfect 10 failed to show any correlation between the alleged infringement and harm or how an injunction would help.

2: Zynga Sues Google Over Vostu Dispute, Brazilian Judge Grants Injunction

Next up today, Zynga’s dispute with Brazilian game-maker Vostu has taken a pair of interesting turns. First, a judge in Brazil, where Zynga sued Vostu after also suing them in the U.S., has granted a preliminary injunction against Vostu, ordering the company to remove its games from Orkut within 48 hours or pay a fine of R20,000 (about $13,000). Second, Zynga has also filed suit against Google, which owns the Orkut platform that hosts many of Vostu’s games. Zynga has not yet sued Facebook, were many of Vostu’s games are also located. Google is also a Zynga shareholder.

3: Ofcom Considers Options for Price of Copyright Infringement Appeals Process

Finally today, Ofcom, the government body tasked with overseeing much of the UK’s upcoming “three strikes” regime has mulled the issue of charging for appeals of those strikes, meaning a copyright holder has accused the account of committing copyright infringement. Ofcom has settled on a £20 fee (about $32) not so much to cover the costs of appeal, which is estimated at £400, but to discourage frivolous use of the appeals system. However, the fee is already controversial as many believe they should not have to pay anything to appeal against an allegation of infringement, especially if their Internet access is on the line.

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.

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