3 Count: Notoriously Marketed

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1: And Most ‘Notorious’ Markets for Counterfeit Goods Are…

First off today the Agnes France-Presse reports that the United States Trade Representative (USTR) has released its Notorious Markets List for 2013, which highlights markets, physical and digital, that it says harm U.S. businesses and jobs.

Many of the markets listed focused on physical markets that sell counterfeit goods, including those in China and Thailand. However, the USTR also listed several digital markets engaged in piracy including The Pirate Bay, KickassTorrents and Torrentz.eu.

The report doesn’t identify countries that are alleged to have had weak rules on copyright. That is saved for the Special 301 Report. However, this report did give credit to the UK for its recent action against MP3Skull and Putlocker, a music and video host respectively.

2: Linking to a Website Doesn’t Infringe Copyright, Europe’s Court of Justice Says

Next up today, Loek Essers at PC World reports that the Court of Justice of the European Union (CJEU) has ruled in favor of a media monitoring service, Retriever, in a lawsuit over its aggregating and linking to freely-accessible works online.

Retriever was sued by various journalists from the Swedish site Göteborgs-Posten, who accused the company of illegally profiting off of their work by providing relevant news links to their clients. However, while the CJEU ruled that the copyright holder does have the right to control the public distribution of their work, since the works were freely available, though the link was a “communication”, it didn’t reach a new public.

In short, the court ruled that, since Göteborgs-Posten had already authorized Retriever’s clients to view the content, no new authorization was needed. The court did say that the situation would be different if the link somehow enabled the audience to circumvent some form of protection, noting that, in that case, the recipient of the link was not a member of the authorized public.

3: Court Orders Domain Termination of Unauthorized Music Site

Finally today, Andy at Torrentfreak writes that a Russian court has ordered a local music site to both pay damages for copyright infringement and, most importantly, have its domain terminated.

The site, TracksFlow, is a Spotify-like streaming site that the record labels is using their music without authorization. A subsidiary of Warner Brothers sued under a new Russian law that puts more pressure on hosts to comply with takedown requests or face fines and closure.

The team behind TracksFlow has vowed to fight back.


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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