3 Count: TVEyes Denied

Perhaps closing the TVEyes case...

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1: Supreme Court Denies Review of Fox News Fight Against TVEyes

First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that the U.S. Supreme Court has denied to hear an appeal by TVEyes in their case against Fox News, a move that allows a  decision in the Second Circuit Court of Appeals to stand.

TVEyes is a media monitoring service that enabled users to search for and find clips of Fox News content (as well as other channels and sources). Fox News, however, considered this a copyright infringement and took special issue with TVEyes enabling of bulk downloading and sharing of their content. Fox News sued and, at the appeals court ruled against TVEyes, saying it caused harm to Fox News.

However, TVEyes appealed that ruling to the Supreme Court. TV Eyes wanted the court to examine the presumption of harm and Fox News and to address various fair use questions in the case. However, the court has denied that cert, allowing the appeals court ruling to stand. The cert was denied without further comment. The case now goes to the trial court to consider the scope of the injunction and what damages may be awarded.

2: India’s Most Expensive Movie is Battling Piracy and Telcos

Next up today, Ananya Bhattacharya at Quartz India reports that Lyca Productions, the producer of the recently released film 2.0, has filed a lawsuit against some 12,500 sites that it says host pirated versions of the film, which began to spring up just hours after the film was released to theaters. 

Lyca is seeking to force telecoms in the country to block or disable access to those sites in a bid to reduce piracy of the film, something the Madras high court directed 37 internet service providers to do. However, pirates have simply taken to altering the URLs, even if slightly, to get around the blockades.

In a bid to try and reduce piracy, Lyca is asking users to report where the movie is available so they can take further action. This battle is just the latest in a long line of wars between pirates and Bollywood film studios, who have regularly struggled to stop or mitigate piracy of their films.

3: German Court Says Stream-Ripping Not Covered by Private Copy Exception

Finally today, Chris Cooke at Complete Music Update reports that a German court has ruled against the stream ripping site MusicMonster.fm saying that the site is not protected by their users’ private copying rights.

The site lets users download nearly in song by listening to thousands of digital streaming radio stations and then copying the song when it’s heard. According to the site, it was just a tool to help users take advantage of their private copying exemption, which allows users to make such copies for their private use. 

However, the court disagreed noting that the way MusicMonster performed its copying to its servers first, which did not enjoy any such private copying exemption. As such, the court found the site liable for copyright infringement and the site, which is currently down, has set a precedent that rightsholders are hoping to use against similar services.

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