3 Count: Narcos Dismissal

Netflix wins again...

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1: Judge Dismisses ‘Narcos’ Copyright Suit Against Netflix

First off today, Rory O’Neil at World Intellectual Property Review reports that, just hours before the case was to go to trial, a judge has dismissed the lawsuit against Netflix over the TV series Narcos.

Netflix had been sued by journalist Virginia Vallejo, a woman who previously had a relationship with the drug lor Pablo Escobar and wrote about it in her memoir. Those memoirs were made into the 2017 film Loving Pablo. However, when Netflix started its series in 2015 it also featured the story of the pair. This prompted Vallejo to sue for copyright infringement.

The judge in that lawsuit has ruled that Netflix isn’t accused of copying anything that isn’t purely factual, meaning it can’t be protected by copyright. The judge also noted that there were significant similarities in the scenes Vallejo highlighted. As such, the judge dismissed the case ahead of the potential trial.

2: Court Orders Romanian Airline to Pay EUR 63,000 in Copyright for Music Aired on Board of Planes

Next up today, Romania Insider reports that a Romanian court has ruled that Blue Air, the country’s largest airline, will have to pay ROM 300,000 ($69,700) to composers and music publishers for music it plays on board of its planes.

The Romanian Composers and Musicians’ Union (UCMR) claimed that Blue Air stopped making payments on its monthly contract with them in May 2017 and allowed music to be played on 14 more planes than originally agreed upon when they were under contract. Blue Air denied this saying they had received no invoices showing overdue payments and no other communication from them.

The judge, however, took the side of UCMR and awarded them nearly the full amount of damages they requested. It is unclear if Blue Air is planning on appealing the verdict.

3: Cox and Music Companies Battle Over Piracy Evidence Ahead of Trial

Finally today, Ernesto at Torrentfreak writes that Cox Communications and a group of music companies are continuing their battle over Cox’s anti-piracy efforts by arguing over what evidence should be presented to the jury if it goes to trial this December.

The music companies filed the lawsuit back in August 2018 alleging that Cox had not done enough to stop piracy on its network, namely that it failed to terminate repeat infringers. The case is now heading toward a possible trial but both sides are petitioning the court to exclude or allow certain pieces of evidence.

The record companies are wanting to limit evidence that showed that Cox’s policies, if maybe not complete under the law, still reduced piracy. However, Cox is wanting evidence introduced by MarkMonitor on behalf of rightsholders is irrelevant as third-party notices don’t prove anything. The court has yet to rule on the various motions.

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