3 Count: Less-Safe Harbor

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1: Hotfile Slams MPAA’s Interpretation of YouTube Ruling

First off today, Eriq Gardner at The Hollywood Reporter writes that, in the bitter fight between Hotfile and the Motion Picture Association of America (MPAA) the two sides have filed dueling briefs interpreting the recent Appeals Court ruling in the Viacom/YouTube case. In the Viacom case, the 2nd Circuit Appeals Court revived the dispute saying that its dismissal was premature and that a jury could find that, at least in some cases, YouTube’s knowledge of infringements could make them liable. Hotfile and the MPAA, at odds over similar issues involving Hotfile’s cyberlocker service, filed differing interpretations of the ruling with the MPAA saying that Hotfile could be liable under the rules and Hotfile saying that the ruling only applies to knowledge of specific infringements and is not relevant to the case.

2: Kink Sues DrTuber for Copyright, Trademark Infringement

Next up today, Tom Hymes at AVN News writes that Kink.com, a “noted” producer of BDSM and fetish pornography, has filed a lawsuit against DrTuber.com, a popular user-generated content site for adult videos. According to the lawsuit, the site does not qualify for DMCA safe harbor protection because it offers a subscription service where users can pay to access higher-resolution versions of uploaded videos as well as downloads of them. Kink.com goes as far to call the site, “A subscription membership web site hiding behind the veneer of a simple user-generated content exchange site.” Kink.com is seeking some $10 million in penalties, the transfer of the DrTuber.com domain and attorney fees among other considerations.

3: Canada Post Tests Copyright Law Over its Address Database

Finally today, James Cartledge at Post&Parcel writes that the Canada Post, the mail carrier of Canada, has filed a lawsuit against Geolytica Inc., a small statistics company, claiming that they violated their copyright. At issue is the list of zip codes used in mail delivery, a list that the Canada Post claims is copyright protected. However, Geolytica not only claims that the zip codes are mere facts and can’t be copyrighted, but that they crowdsourced their information gathering and didn’t use any information from the Post. Geolytica’s database could hinder the licensing zip code information, a lucrative market for the Canada Post.


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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