3 Count: Nocache Please

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1: Supreme Court Rules Web Browsing Does Not Infringe Newspapers’ Copyright

First off today, Lisa O’Carroll at The Guardian reports that the UK Supreme Court has ruled that your browser cache is not an infringement of a site’s copyright.

The ruling stemmed from a lawsuit filed by the Newspaper Licensing Agency (NLA) against Meltwater, the well-known aggregator with another ongoing case against the Associated Press in the U.S.

The lower court had ruled that Meltwater’s use of headlines and snippets was infringing, a matter not up for debate in the Supreme Court hearing, but also ruled the cached copies of stories, including possibly browser caches, were also infringing. The UK Supreme Court took up that matter and overturned the lower court.

However, the matter may not be completely decided. The UK Supreme Court has asked the European Court of Justice to look at the ruling and ensure that it is uniform across the EU. In the meantime, though it’s a small victory for Meltwater, it does not change Meltwater’s alleged need to obtain a license from the NLA for newspaper content in the country.

2: TV Broadcasters Petition for Aereo Rehearing at Appeals Court

Next up today, Eriq Gardner at The Hollywood Reporter Esquire reports that TV broadcasters are looking for another chance to be heard by the Second Circuit Court of Appeals regarding Aereo and have drawn some additional support this time.

The broadcasters have petitioned for an “en banc” review of the case and several organizations have filed an amicus brief, or friend of the court brief, to support the broadcasters. They include Paramount Pictures, Warner Brothers, MGM, the Directors Guild of America, the Screen Actors Guild among others.

The broadcasters sought an injunction against Aereo, a TV streaming service that captures over-the-air broadcasts via a series of tiny antennas for live streaming and DVR-like playback on multiple devices. A lower court refused to approve an injunction against Aereo, saying that the system was likely legal and the Appeals Court upheld that decision. However, following a ruling against a similar service in a separate Circuit, the broadcasters are hoping for a successful review.

3: Arbitron Settles Copyright Suit with WKYC

Finally today, Kevin Eck at TV Spy writes that Arbitron, the ratings service tracks listenership of TV and radio stations, has settled its dispute with WKYC in Cleveland over alleged improper use of its data and figures.

Arbitron sued the NBC affiliate after the station allegedly used Arbitron data in advertising campaigns to attract new clients. WKYC initially denied wrongdoing but, according to Arbitron, has now settled for an undisclosed sum and has promised “not to engage in any activities that would infringe Arbitron’s intellectual property rights.”

The station had no comment on the settlement.


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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