3 Count: All Apologies

3 Count: All Apologies Image

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1: Huckabee Sued for Using “Eye of the Tiger” at Kim Davis Rally

First off today, Eugene Scott at CNN reports that Frankie Sullivan, a member of the band Survivor and co-author of the song Eye of the Tiger, has filed a lawsuit against former Arkansas Governor and Presidential candidate Mike Huckabee for playing the song at a rally.

Huckabee used the track, which was popularized as the theme song for Rocky III, as part of a rally in support of Kim Davis, the Kentucky County clerk who was jailed for refusing to issue same-sex marriage licenses. The band immediately objected to the use and, though rumors of a lawsuit flew around almost immediately, none had been filed at that time.

The lawsuit mirrors a similar one that Sullivan filed in 2012 against Newt Gingrich during his campaign.

2: Small Australian ISP Threatened with Legal Action Under New Site-Blocking Laws

Next up today, Will Ockenden at ABC News in Australia is reporting that Australia’s new site blocking legislation may be getting its first test, though it appears the complaint may not have anything to do with copyright at all.

In June of this year Australian laws allowing copyright holders to compel ISPs to block websites went into effect. Those laws allow copyright holders to petition the courts to order local providers to block overseas sites whose primary purpose is for copyright infringement.

However, the current request doesn’t come in the form of a petition to the court, but rather a letter to an ISP demanding that a site be blocked lest the issue be escalated. However, experts note that the complaint, which is filed by one construction company against an overseas competitor, seems to have little to do with copyright and more with trademark, making it unlikely the site will be blocked if it does go to a court.

3: Autodesk Scores Apology in Copyright Case

Finally today, Scott Graham at The Recorder reports that design software producer Autodesk has settled a lawsuit with ZWCAD Software Co. (ZWSoft), a Chinese competitor, and that settlement included something unusual, a public apology.

The lawsuit centered around a product by ZWSoft used Autodesk code in its own software products, most notably ZWCAD+. Autodesk claimed that ZWCAD+ had at least some of the same bugs as the original products, proving it was an infringement.

Though ZWSoft initially denied this, after an internal audit the company did learn that one of its employees had misappropriate. Rather than fight on, the company acknowledged the infringement and agreed to issue a public apology as part of the settlement. Other terms of the settlement are unknown but ZWSoft is said to be working on a new version of ZWCAD+ to be released in 2016.


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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