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First off today, Timothy B. Lee at Ars Technica writes that the Motion Picture Association of America (MPAA), as part of the appeal in the myVidster case, has filed a brief stating that embedding a copyright infringing video, even if hosted by a third party, can be a direct infringement under copyright law. The myVidster case centers around the myVidster site and its controversial DMCA process. According to the plaintiff, a porn company named Flava Works, myVidster would not terminate the accounts of repeat infringers but myVidster felt it only had to do so of direct infringers and not of people who embedded clips from other sources. However, the MPAA has said that such embeds are a form of direct infringement, which the lower court agreed with. If upheld, that could have drastic implications for content embedding across, including sites such as YouTube.
Next up today, Cameron Scott of PC World reports that the Electronic Frontier Foundation (EFF) will be heading to court this Friday to ask it to establish a process by which law-abiding users of Megaupload can get their files back. Megaupload was a cyberlocker service that was seized by the U.S. government as part of a joint police action in the U.S. and New Zealand. The motion is filed on behalf of Kyle Goodwin, a reporter who lost access to his videos after the site was shut down.
Finally today, Reuters is reporting that, in Germany, the Pirate Party has overtaken the Greens to become the third largest party in the country. Polling at 13 percent, the party has had strong showings in several regional elections and is now the third most popular party in the country. Though still far behind the nation’s two biggest parties, the Christian Democrats (CDU) and Social Democrats (SPD), The Pirate Party has managed to overtake the other third parties, in large part due to hot-button issues such as ACTA as well as popular policies on government transparency.
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