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First off today, Claudia Rosenbaum at Billboard reports that 17 record labels, including all three of the major ones, have filed a lawsuit against the ISP RCN claiming that it is not doing enough to combat piracy on its network and that it is receiving “substantial profits” from the infringement.
The lawsuit follows a pattern that has seen other ISPs, including Cox Communications and Grande Communications, sued for secondary copyright infringement. According to the labels, though ISPs normally enjoy safe harbor protections but they are obligated under the law to disconnect repeat infringers. According to the labels, RCN (along with Cox and Grande) did not comply with that and their termination policy was either incomplete or ignored.
The labels are seeking up to $150,000 in statutory damages for each work infringed. The lawsuits against Cox and Grande have been largely successful for the record labels, though the main case against Cox is ongoing at this time.
Next up today, Nicole Carpenter at Polygon reports that Blizzard Entertainment, the makers of World of Warcraft has filed a lawsuit in California against China-based Sina Games over the latter’s free-to-play game Glorious Saga.
Blizzard goes into a wide variety of ways that it says Sina Games has infringed their IP including using similar character names, character design, artwork, gameplay elements and even sound effects. Blizzard even accuses Sina of using a similar icon to theirs, one that features a human and an orc facing off.
Blizzard is seeking $150,000 per infringed work as well as an injunction barring Sina from selling the game. Sina, however, has not responded to the lawsuit, either in court or publicly.
3: Federal Court Dismisses Copyright Infringement Case Against Modern Living Real Estate, Compass Florida
Finally today, Marian Johns at the Florida Record reports that a U.S. District Court in south Florida has dismissed a copyright infringement lawsuit filed by Affordable Aerial Photography against Compass and Modern Living Real Estate.
Affordable Aerial Photography uses balloons to take images of real estate and claimed that Compass and Modern Living Real Estate had infringed their work. However, the defendants recently filed a motion to dismiss claiming that the plaintiff had not made any valid claims upon which to sustain a case.
In short, the judge ruled that there were no factual allegations that Compass had copied the photos or otherwise infringed the images at issue. As such, the judge agreed dismissed the case but is allowing it to be refiled if the plaintiffs so choose.