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First off, thank you everyone for your patience as we completed a server migration and were away for two days. We are now hosted in our new, much larger, server and should be back to normal starting now. So, back to your regularly scheduled 3 Count column.
First off today, Alex Wilhelm from The Next Web reports that the Business Software Alliance (BSA) is asking the U.S. Copyright Office (USCO) to go back on a previous ruling that made jailbreaking phones, such as the iPhone, legal. In 2010 the USCO ruled that jailbreaking mobile devices should be an exemption under the DMCA’s anti-circumvention rules, making the act of jailbreaking legal. However, as per the DMCA, that exemption is now under review and the BSA is asking the USCO to revoke it, saying that jailbreaking is little more than a prerequisite for piracy. The Electronic Frontier Foundation (EFF) is in turn asking the USCO to keep the exemption, saying that jailbreaking is a critical tool to provide consumers tools to make full use of the devices they purchased.
Next up today, Joe Flint of the Los Angeles Times reports that the battles over Dish Network’s “Hopper” DVR may not be limited to the courtroom. Hoak Media, a broadcaster that operates in 14 small-to-mid-sized markets, has announced it is refusing to let Dish Network carry their broadcast signals in part because of the “Hopper” feature. Hopper is a new DVR introduced by Dish Network that automatically skips commercials. The DVR is already the subject of dueling lawsuits between Dish Network and the major TV networks, including ABC, CBS, NBC and FOX, with the TV networks arguing that the feature is infringing their copyright.
Finally today, New Europe writes that The EU Parliament and the EU Council have reached an agreement on orphan works, meaning works where the copyright holder is not known, and may enable limited reuse of orphan works in the near future. The use of orphan works would be limited to non-profit uses though organizations could earn revenue to cover searching and digitization costs. However, if the copyright holder were to come forward, he or she could invalidate the orphan works status and would be reimbursed a set amount for its use. Finally, if a work was recognized as an orphan in one EU state, it would be in all as well.
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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