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ETCentricDecember 7, 2016
In the carefully watched design patent battle between Apple and Samsung, the Supreme Court unanimously ruled yesterday that Samsung may not be liable for its entire $399 million in profits after copying the iPhone’s distinctive look, including its rectangular front face, rounded corners and grid of icons. In 2012, a jury decided that Samsung had infringed on Apple’s patents. “Design patents, which address what products look like, are far less common than utility patents, which cover how products work,” explains The New York Times. “The Supreme Court’s opinion, while not decisively resolving the case, found that liability in design patent cases is not necessarily an all-or-nothing proposition.” The two companies will return to court to determine an appropriate amount for damages. Continue reading Supreme Court Rules in Apple-Samsung Design Patent Case
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Debra KaufmanDecember 1, 2016
Copyright infringement on the Internet is surging. Over the last year, copyright holders asked Google to remove more than one billion links from its search engine results. That makes a total of two billion that Google has received over the years. But whereas the first billion accumulated over several years, the second billion took a mere 12 months. Of the 1,007,741,143 infringing links, Google removed more than 90 percent, which comes to 908,237,861. The remaining links were either not valid, not infringements or duplicates. Continue reading Big Surge in Pirated Links Brings DMCA Efficacy into Question
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ETCentricSeptember 30, 2016
The FCC delayed its vote yesterday on the proposal to unlock cable set-top boxes. FCC members “could not agree on a set-top box proposal that requires cable operators to provide their shows and movies on alternative devices rather than just on a cable box,” reports The New York Times. “The plan was intended to bring more competition to the television industry and liberate consumers from an average of $231 in annual cable box fees.” While the proposal will be considered for a future vote, FCC chair Tom Wheeler said commissioners needed additional discussions. However, with an upcoming change of administration, Wheeler’s window to adopt the regulation may be dwindling. Continue reading Federal Regulators Need More Time to Vote on Set-Top Boxes
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Debra KaufmanSeptember 16, 2016
In his “State of the European Union” address, European Commission president Jean-Claude Juncker spelled out a list of proposals. Internet access will be established as a universal service, obsoleting old universal services such as pay phones. Free Wi-Fi will be provided in the next four years for every EU city, town and village, and the Commission suggests a target date of 2025 for all EU households to have download speeds of at least 100Mbps, and full deployment of 5G mobile communications systems. Continue reading European Commission Pledges Free Internet, Wi-Fi and More
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Debra KaufmanSeptember 15, 2016
The European Union has unveiled proposed regulations designed to help protect its consumers. The goal is to create a single market out of Europe’s many regions, enabling its 500 million consumers to access the same services. But the EU proposals also create stricter demands for privacy and against copyright infringement, including reforms that would hold streaming services responsible for instituting better anti-piracy methods. From the perspective of Silicon Valley and much of Hollywood, the EU’s efforts are a form of protectionism. Continue reading EU to Propose Stricter Regulations Impacting Digital Services
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Debra KaufmanSeptember 14, 2016
The recording industry is concerned about a burgeoning trend: stream-ripping. Numerous mobile apps and sites now allow users to download MP3 files from songs on YouTube, thus circumventing both advertising and paid streaming services such as Spotify and Apple Music. The music industry has had reasonable success in fighting the kind of peer-to-peer file sharing that hurt CD sales, but this new kind of piracy is proving much harder to combat because it sources legitimate streaming services. Continue reading Stream-Ripping, the New Music Piracy, Becoming Problematic
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Debra KaufmanSeptember 12, 2016
The Court of Justice of the European Union, the EU’s highest court, has narrowed an April decision by the court’s advocate-general that determined that links to copyrighted material shouldn’t be considered a breach. Now the CJEU has specified a distinction: anyone profiting from posting a copyrighted link is responsible for researching whether the linked material is copyright protected, and any such link is considered an infringement if approval has not been secured from the rights holder. Continue reading EU’s Highest Court Rules For-Profit Links Infringe Copyrights
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Debra KaufmanSeptember 1, 2016
Intel just debuted its seventh generation of PC chips, featuring a built-in ability to play and edit Ultra HD and 4K video. The chips reflect the fact that an increasing number of younger consumers use portable computers as their go-to device for viewing video content. Although Netflix, most notably among others, has created 4K video programs, consumers have been limited in their ability to see it in its native resolution. The new chips accommodate both HEVC and VP9 compression and support copyright protection software. Continue reading Latest Chips from Intel Designed for Playing 4K Video on PCs
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Debra KaufmanAugust 31, 2016
This year, for the first time, streaming music topped digital downloads as the largest source of music revenue in the U.S. The two biggest sources are Spotify and Apple Music, but SoundCloud, Deezer, Tidal and Google Play are also active. Now, both Amazon and Pandora are readying their entries into this crowded market. Both companies have almost locked-up licensing deals with the largest record labels. Amazon plans to launch its on-demand service as early as September, and Pandora will unveil its service later this year. Continue reading Amazon, Pandora Ready Launch of Music Streaming Services
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ETCentricJuly 25, 2016
Jukin Media has created a business model that leverages social media and the financial possibilities involving viral videos. The company searches for popular online videos, pays the video creators, “and then licenses clips out to digital media companies, brands and morning news shows,” explains The Wall Street Journal. “Think of it as Getty Images for viral videos,” said Jukin CEO and founder Jon Skogmo, who has also launched social channels that feature the unique content. The clips are becoming popular for advertising as well. “Brands are very attracted to this type of user-generated content,” said Skogmo, “especially when they’re seeing everyday people playing with their products.” Continue reading Jukin Media Creates Variety of Opportunities for Viral Videos
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Debra KaufmanJuly 18, 2016
NBCUniversal just received a patent to track files, in real-time, shared by groups on peer-to-peer networks, part of an anti-piracy effort. “Early detection of high volume peer-to-peer swarms,” the title of the patent, looks for a popular swarm so that the copyright holders can take action before it is “too late to do much good.” Detection relies on a data feed of peer-to-peer swarm activity, augmented by a data analytics engine that processes the data to identify swarms with parameters exceeding a threshold. Continue reading NBCUniversal Awarded Patent to Halt Illegal BitTorrent Piracy
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Debra KaufmanJuly 15, 2016
The tension between Google’s YouTube and the music recording industry still roils. Google says that YouTube has made payments topping $3 billion to the music industry, but the music industry claims that YouTube’s rates are lower than those paid by SoundCloud and Spotify, both ad-supported. Music is important to YouTube, but YouTube — with its enormous audiences — is also important to the music industry. They need each other, but neither will budge. Now a Google report spells out its point of view. Continue reading Google Report Answers Music Industry’s Copyright Complaints
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Debra KaufmanJuly 1, 2016
A new Apple patent, spotted on Patently Apple, will enable venues from museums to concert arenas to enforce their often-flouted rules against photography. The patent describes a system whereby a venue can use an infrared emitter to remotely block the camera function on smartphones. The smartphone interprets the infrared beams as a command to block photos and videos. Musicians who routinely — and fruitlessly — ban cellphone photography at their concerts will likely welcome the technology. Continue reading Apple Patents Technology to Disable Cellphone Photos/Video
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Debra KaufmanJune 30, 2016
The music industry and YouTube disagree over the efficacy of YouTube’s Content ID system, which tracks content for which royalties are due. According to YouTube, Content ID is 99.7 percent accurate and responsible for $3 billion in payments to the music industry. However, music rights holders put Content ID’s accuracy at about 50 percent, adding that they must engage in time-consuming daily manual searches to find offenders. Also at issue are rates, with YouTube’s payments considerably less than those from other streaming services. Continue reading Music Industry, YouTube in Stalemate Over Copyright Tracking
By
Rob ScottJune 17, 2016
In a blow to record companies — and a win for Internet service providers, the 2nd U.S. Circuit Court of Appeals in New York yesterday ruled that Vimeo cannot be held liable for copyright infringement if the video-sharing site unknowingly hosts older music that was uploaded by users. In addition, the court ruled that it is not enough to prove Vimeo ignored infringement if company employees had watched videos containing copyrighted sound recordings. The case, which centered on the Digital Millennium Copyright Act (DMCA), was being watched closely by Silicon Valley. Continue reading Appeals Court Rules for Vimeo in Copyright Infringement Case