3 Count: ACTing Fast

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1: Appeals Court Sides With ACT in Court Battle Over Copyright

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization.

According to the lawsuit, ACT and WIN were partners for nearly 15 years before their partnership ended in 2011. Specifically, the two companies created and produced work related to various testing needs and targeted state contracts. However, when WIN won a lucrative contract with the state of South Carolina, ACT sued allegiging that their skill definitoins and other elements were “virtually identical” to their own.

The district court awarded a win to ACT, this prompted WIN to appeal to the 6th Circout Court of Appeals, which has affirmed that decision. According to the court, ACT would be unlikely to prove copyrightability in the phrasing of a every definition but that, in aggregate, they deserved protection.

2: Earthlink Reaches ‘Tentative’ Settlement with Filmmakers to End Piracy Liability Lawsuit

Next up today, Ernesto Van der Sar at Torrentfreak writes that Earthlink has joined a list of other ISPs in concluding their cases with Voltage Pictures and other independent filmmakers.

Voltage Pictures, along with a group of other independemtn filmmakers, have been targeting internet service providers claiming that they are not taking adequate action to prevent piracy on their network. The group has already ended cases with several other companies, likely due to settlement.

Now Earthlink gets to join that list as a filing indicates that they are ending their case after reaching a tentative settlement. The terms of the settlement are not known

3: Imprisoned Tiger King Sues Over Songs Used in Netflix Series

Finally today, Nolan Clay at The Oklahoman reports that Joe Exotic, the subject of the Tiger King documentary series, has filed a copyright infringement lawsuit against former collaborator Vince Johnson for alleged copyright infringement of songs that Exotic recorded.

According to the lawsuit, Exotic wrote a series of songs for Exotic to perform and at least one of those songs, I Saw a Tiger, appeared in the documentary series. However, since the release of the documentary, Johnson has released an album containing both that song and four others written by Johnson and performed by Exotic.

As such, Exotic is claiming Johnson violated his copyright in the recording of the songs. The lawsuit also targets BMG Rights Management, RIP Roaring Records and Tiger King Publishing. As for Exotic, he is currently serving a 21 year prison sentence over an alleged murder plot of a critic, Carol Baskins. However, Exotic continues to maintain his innocence and says he is seeking a new trial.

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