3 Count: Switched Off

Should have switched chip makers...

3 Count LogoHave any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Monkey Loses Selfie Copyright Case. Maybe Monkey Should Sue PETA, Appeals Court Suggests

First off today, Meagan Flynn at The Washington Post reports that the 9th Circuit has ruled in the “monkey selfie” case and found that animals do not have standing to sue for copyright infringement.

The lawsuit pitted the People for the Ethical Treatment of Animals (PETA) against photographer David Slater and a publisher he used. Slater, on a trip to Indonesia, had his camera used by a macaque who snapped a now-famous selfie. However, PETA sued the photographer alleging that the macaque, named Naruto, was the copyright holder and that Slater had violated his rights by distributing the image.

The lawsuit was originally dismissed by the lower court on the same grounds but PETA appealed. However, shortly after the hearing the two sides reached a settlement and sought to dismiss the case. However, the appeals court declined to do so and ruled on the case. In its ruling, the court affirmed the dismissal and also chided PETA for securing a settlement that did not directly benefit Naruto directly.

2: Unstoppable Exploit in Nintendo Switch Opens Door to Homebrew and Piracy

Next up today, Devin Coldewey at TechCrunch reports that Nintendo may have a piracy problem on their hands as a flaw in an Nvidia chip has been discovered that allows users to run proprietary code on the console, paving the path for a jailbreak.

The flaw was found by developer Kate Temkin and others at ReSwitched, who proved that the flaw worked and notified Nintendo. However, proper disclosure didn’t help a great deal here because the flaw is in the read-only memory of the Nvidia Tegra X1 chip, meaning that a software patch is impossible.

Though the exploit requires physical access to the console, meaning it isn’t a major security risk, it may open the doors for users to jailbreak their consoles, enabling them to install homebrew software or play pirated games.

3: Court Denies TVAddons’ Request to Dismiss U.S. Piracy Lawsuit

Finally today, Ernesto at Torrentfreak writes that the people behind TVAddons and the ZemTV Kodi add-on have lost their bid have the lawsuit against them dismissed.

The lawsuit was filed by Dish Network, which alleged that both TVAddons, a site that hosted add-ons for Kodi boxes and ZemTV, one such Kodi add-on, were enabling piracy by allowing users to access Dish Network channels for free and without permission. The two defendants sought to have the case dismissed on jurisdictional grounds as they are not residents of Texas or the United States. however, Dish provided evidence of connections to the country, including the fact that over 1/3 of their users are in the United States.

That was apparently enough to convince the judge as she issued an order denying the motion to dismiss. The order didn’t state the reasons for the denial, but it does mean that the case will move forward for the time being.


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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