3 Count: Strikeout

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1: US Internet Providers Stop Sending Piracy Warnings

First off today, Jon Fingas at Engadet reports that the Copyright Alert System (CAS), sometimes referred to as the six-strikes system, has been stopped.

The CAS was a cooperative effort created by rightsholders and ISPs. The idea behind the system was to create an alert protocol by which rightsholders could have ISPs alert customers that their account was being used for piracy. While the system did have mild punitive efforts, they did not include account termination and did not kick in until after the fifth warning.

No reason for the closing of the system was given but the RIAA, who was a member of the CAS, has said they plan to stick to “voluntary and cooperative efforts”. They also believe that the Digital Millennium Copyright Act requires ISPs to take actions against repeat infringers, something recently confirmed in an RIAA case against Cox.

2: Sirius Battle Over Attorney Fees Follows Turtles’ Pre-72 Sound Recordings Settlement

Next up today, Ashley Cullins at The Hollywood Reporter Esquire reports that, while SiriusXM and The Turtles may have settled their dispute over the use of pre-1972 sound recordings, the two sides are a long way form actually reading a conclusive deal.

Flo & Eddie of The Turtles filed a lawsuit against SiriusXM alleging that the satellite radio network did not pay royalties for streaming their pre-1972 sound recordings. With such recordings being covered under state law, as opposed to federal law, the case is playing out in multiple state and now appeals courts. The two sides reached a multi-million dollar agreement, but the exact amount hinged on the ouctome of various appeals.

One of those appeals was handed down 2nd Circuit which seemed to hand a victory to SiriusXM, ruling that New York does not have a right of public performance under its common law. The Turtles, however, allege that this is leave a key legal question open and is, in effect, a victory for them. Both sides are now asking a U.S. District Judge to determine whether additional fees are warranted.

3: Pokemon Fan Has Genius Way Of Avoiding YouTube’s Copyright Bullshit

Finally today, Patricia Hernandez at Kotaku Australia reports that YouTuber Tom Fawkes has found a way to deal with a Content ID block on several of his videos by replacing a key animation in a game with a creation of his own.

Fawkes, who plays video games on YouTube, recently ran into a problem with Pokemon Moon where YouTube’s ContentID system was flagging his videos to be blocked. The reason  were Z-moves in the game, which produce a specific animation when they are performed. Specifically at issue was the Z-move Oceanic Operetta, which was featured heavily in advertisements for the game.

Seeing the problem, Fawkes created his own (crude) animation for the video and plays it instead of the game’s whenever the move is performed. Fawkes says he could have simply deleted the animation or modified it another way, but felt it was best to put some effort into it and make people laugh. Furthermore, Fawkes is offering the animation for other YouTubers to use for free should they face the same issue.


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.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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