3 Count: Switching Off

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1: France Says EU Commission Approach May Compromise Copyright Rules

First off today, Foo Yun Chee at Reuters reports that France’s government has provided feedback to the European Commission, the executive branch of the EU, saying that the proposed changes to the recent copyright directive could “compromise the effectiveness” of the law.

Passed last year, the new copyright directive requires, among other things, that hosts and online service providers work to block the upload of copyright-infringing material. However, in a document discussing the implementation of that law, the Commission added several exemptions to its recommendations.

According to France, those limitations could harm the effectiveness of the law and it encouraged the EC to revise their recommendations to implement the law as written.

2: Nintendo ‘Wins’ $2 Million Judgment Against Switch Piracy Hack Store

Next up today, Ernesto Van der Sar at Torrentfreak writes that Nintendo has reached a settlement with Uberchips.com that not only shutters the store but also sees the site’s operator agreeing to pay a $2 million judgment.

The store resold tools for jailbreaking the Nintendo Switch, which let users play pirated games on the system. This was made possible by the hacking group Team-Xecuter, which wrote the jailbreaking software Uberchip’s tools were based on.

The site was operated by Ohio resident Tom Dilt’s Jr., though it shuttered shortly after Nintendo filed a lawsuit against it. However, that did not bring an end to the lawsuit, which has now been resolved through a settlement. That settlement sees Dilt agreeing to never sell jailbreaking tools again, destroy any remaining stock and pay $2 million in damages. Lawsuits against 8 similar stores, which are presumed to be run by individuals outside of the country, are continuing.

3: Court Finds Apollo Liable for Jelurida Public License Violation and Copyright Infringement

Finally today, a press release from Jelurida says that they have emerged victorious in a copyright case against a rival, Apollo Fintech.

Jelurida is behind the open-source blockchain platforms Nxt and Ardor. In 2018, Apollo launched their own blockchain platform based on the Nxt code, which was placed under the Jelurida Public License (JPL). According to Jelurida, the issue arose not with the reuse of their code, but when Apollo put their modified version under a commercial license.

The JPL allows others to edit and re-release the software but it must remain under the JPL. This prompted the lawsuit. To that end, a court in the Netherlands issued a summary judgment in the case, ruling that the license was enforceable and that Apollo had infringed it. With that judgment, Apollo has voluntarily dropped their case against Jelurida in the United States, bringing an end to the case.

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