3 Count: Changing Tactics

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1: George Santos baffles Second Circuit with effort to revive copyright suit against Jimmy Kimmel

First off today, Erik Uebelacker at Courthouse News Service reports that former US Congressperson George Santos has appealed his case against Jimmy Kimmel to the Second Circuit Court of Appeals but is facing a skeptical audience.

Santos was expelled from Congress in 2023 over various scandals. He then opened an account on Cameo, selling short videos for $350 each. Jimmy Kimmel bought several for his late-night show and aired them in a segment entitled “Will Santos Say It?” This prompted Santos to sue Kimmel, saying that the use violated Cameo’s terms and his copyright.

However, the lower court dismissed his case, saying Kimmel’s use of the videos was transformative and protected by fair use. Santos has now appealed to the Second Circuit but has been criticized for making new arguments on appeal. Though a ruling is not expected for some time, the judges seemed wary of Santos’ new arguments, saying they couldn’t fault the lower court judge for not ruling on issues that weren’t raised previously.

2: Torrent Site Uploader and Member of ‘The Scene’ Sentenced to Prison in Denmark

Next up today, Ernesto Van der Sar at Torrentfreak writes that, in Denmark, two BitTorrent users have been sentenced to prison for their part in uploading copyright-protected works.

The two men are accused of uploading content to two Danish trackers, SuperBits and DanishBytes. One of the two men, a 48-year-old, is accused of uploading content to The Scene, an international piracy network that often fuels other, more public, BitTorrent trackers. The other, a 46-year-old, is accused of uploading 74 terabytes of pirated films.

The elder was sentenced to twelve months in prison, while the younger was sentenced to nine months. While these aren’t the first people jailed for copyright infringement in Denmark, that approach is usually reserved for website operators, not uploaders.

3: Rapper Sues Quiboloy Over Copyright Infringement

Finally, today, Aljon Danniell Eguia at the Daily Tribune reports that rapper Omar Manzano has filed a copyright infringement lawsuit against senatorial candidate Pastor Apollo Quiboloy in the Philippines over the use of his music at a campaign rally.

Manzano, who goes by the name Omar Baliw, filed the lawsuit after Quiboloy used his song K&B at a rally in February. According to the lawsuit, Quiboloy altered the lyrics to the song to fit the rally’s themes.

The Filipino Society of Composers, Authors, and Publishers says that using music at rallies requires the composer’s permission under the country’s law. Quiboloy has not responded to the allegations.

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