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Debra KaufmanNovember 24, 2015
U.S. District Judge Liam O’Grady ruled that Cox Communications is not, as it claimed, a mere conduit for those who infringe copyrights but instead has liability for not implementing a repeat-infringer policy. The suit originated with BMG Rights Management and Round Hill Music, which both sought the help of Rightscorp, a company that tracks down online pirates and, controversially, demands they pay up or face lawsuits. Cox had asserted that Rightscorp’s demands were unreasonable and did not cooperate. Continue reading Judge: Cox Not Entitled to Safe Harbor from Copyright Liability
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Debra KaufmanNovember 24, 2015
YouTube, no stranger to copyright infringement battles, says it will pick up the legal costs of four video creators that are the focus of takedown demands. The company says it chose creators that used third party content legally permitted under the “fair use” provisions for commentary, criticism, news and parody. The company has stated it wants to protect free speech, but it is also signaling its support to video creators to help build loyalty in an increasingly competitive online video environment. Continue reading YouTube Stands Up For Video Creators Fighting Takedowns
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Debra KaufmanNovember 23, 2015
The Electronic Frontier Foundation (EFF), in partnership with Visualizing Impact, just debuted a new site called Onlinecensorship.org where consumers can post when Facebook or other social media platforms take down their content. The site came into being after EFF director for international freedom of expression Jillian York and Visualizing Impact chief executive Ramzi Jaber had a conversation about content takedowns, and then won the Knight News Challenge last year. The site also informs users how to challenge content takedowns. Continue reading Site Offers Process for Reporting Online Content Takedowns
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Debra KaufmanNovember 17, 2015
FilmOn just lost its latest court case, with U.S. District Judge Rosemary Collyer’s ruling that the company is not a cable system, denying it the statutory license cable companies receive. Collyer’s ruling comes as good news to the coalition of TV and movie companies — including ABC, CBS, NBC, Fox and Telemundo — that sued FilmOn in 2013. The new ruling goes against the July ruling from a Los Angeles Federal judge that went in favor of FilmOn, and also revives many of the same questions behind the Aereo ruling. Continue reading Ruling Against FilmOn Shows Aereo Issues Are Not Resolved
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Debra KaufmanNovember 9, 2015
With the publication of the Trans Pacific-Partnership (TPP) international trade treaty, numerous technology and privacy rights groups are speaking up over a range of issues. Non-profit consumer rights organization Public Citizen decries what it says is “serious implications for online privacy.” Others note that the TPP would prevent member countries from requiring that companies from other member states hand over the source code of their products. And some activists believe TPP could help further net neutrality. Continue reading TPP Trade Agreement Sparks Response from Tech Community
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Debra KaufmanOctober 27, 2015
Popcorn Time, a free software BitTorrent client with integrated media player, has shut down, seemingly due to tampering with its DNS server. Could this be the end for the company that was shut down once due to MPAA complaints about piracy? That’s not clear, but just before its site went down, Popcorn Time creators announced the launch of Butter, a new version of the Popcorn Time service, but without any direct links to piracy. Butter lets the user create a streaming service — and leaves the piracy up to the individual user. Continue reading Popcorn Time Goes Dark, Just After Launching Butter Project
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Debra KaufmanOctober 26, 2015
In the latest page of Google’s decade-long saga to scan the world’s books and make them searchable, the company won a case that decided in its favor and against the Authors Guild, on whose behalf the Motion Picture Association of America and the music licensing organization ASCAP filed amicus briefs. The October 16 ruling by the Court of Appeals for the Second Circuit means that writers cannot stop Google from adding their books to Google’s 20-million book library, which the Court calls “non-infringing fair uses.” Continue reading Court Win for Google Books Could Impact Film, TV and Music
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Debra KaufmanOctober 20, 2015
The line between “fair use” in copyright law and outright theft has often been unclear, but a recent U.S. District Court ruling drew the line on a case involving Equals Three Studios and viral-video aggregator Jukin Media. Jukin accused Equals Three of illegally taking dozens of clips for use in its own YouTube show. Equals Three sued Jukin, saying its actions were protected by fair use, and that Jukin’s takedown deprived it of ad revenue. The Court’s ruling sides with Equals Three on all but one of the videos under consideration. Continue reading Ruling on YouTube Viral Videos Parses Fair Use Versus Theft
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Debra KaufmanOctober 19, 2015
The tension between intellectual property owners and user-generated video sports replays came to a head when Twitter deactivated two popular sports accounts: Gawker Media’s Deadspin, with more than 887,000 Twitter followers, and @SBNationGIF, an offshoot of Vox Media’s SB Nation. The takedown came in response to complaints from the National Football League. But critics note the fuzzy line between fair use and IP infringement; some sports leagues, such as the NBA, regard user-generated videos as marketing, not infringement. Continue reading NFL Stops Fans From Sharing Sports Video Clips via Twitter
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Debra KaufmanOctober 13, 2015
WikiLeaks has released what it says is the complete intellectual property chapter of the Trans-Pacific Partnership (TPP) trade deal. With its release, some digital rights activists say their worst fears have been realized. They’re referring to one portion that says any of the 12 signatory countries can curtail legal proceedings to tamp down the public spread of embarrassing information, and a legal action from any signatory can force all signatories to block any online content/website rules to be infringing copyright. Continue reading WikiLeaks Releases IP Chapter of Trans-Pacific Partnership
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Debra KaufmanOctober 7, 2015
Rightscorp, a company that goes after people who illegally download songs, has just signed Sony/ATV Music Publishing as a client. The signing is a coup for the company, which despite having signed a few big clients, has been struggling on the verge of bankruptcy. In addition to Sony/ATV, Rightscorp also counts BMG and Warner Bros. among its clients. The company process is to scan the Internet for illegal downloads, using its proprietary algorithm to gather IP addresses, and then threaten those users with legal action. Continue reading Rightscorp Signs Sony as Client, Continues to Combat Piracy
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Rob ScottSeptember 28, 2015
Google-owned YouTube is reportedly readying the launch of its much anticipated online subscription service. Sources indicate a launch is likely by the end of October. Two offerings are expected: an updated version of its Music Key service (previously launched in beta) and a new service that offers access to all YouTube content without ads. Earlier reports suggest the bundled offering would be available for $10 per month. While YouTube has hinted in the past about an upcoming subscription service, it has yet to unveil firm plans or a timeline. Continue reading YouTube Readies New Ad-Free Service for Monthly Subscription
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Debra KaufmanSeptember 1, 2015
The European film and TV industries are expressing concern over two forces they believe threaten their well-being: Netflix and the Digital Single Market, a proposal by the European Commission to create a single European market, ending movie and TV territorial copyright barriers. International TV and film business groups coalesced against the latter proposal, arguing that the Digital Single Market would only benefit a handful of big global Internet platforms. Chief among those platforms, they believe, is Netflix. Continue reading Europe’s TV/Film Groups Rebuff Netflix, Digital Single Market
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Rob ScottAugust 31, 2015
Pirates have reportedly found a workaround for 4K copy protection on Netflix, as an Ultra HD copy of the first episode of “Breaking Bad” is making the rounds on torrent sites. While 4K content for television and PCs may still be in its early stages, some analysts anticipate increased leaks in the future. Netflix and Amazon are among the first streaming services to offer 4K content, although most consumers do not own 4K TVs yet. Streaming has strong protection, and until the recent leak, High-Bandwidth Digital Copy Protection (HDCP) was generally believed to be unbreakable. Continue reading Streamed 4K Video from Netflix Being Leaked to Torrent Sites
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Debra KaufmanAugust 31, 2015
Now that Facebook has become a major player in video, the social media company finds itself tackling new issues: piracy and policing of content. The latter became an issue within minutes after a gunman killed two journalists on live TV; the gunman posted his video on Facebook (and Twitter), which went viral. Content owners are also irate that Facebook has been slow in working to prevent copyrighted videos from being reposted by third parties. Now that Facebook admits it has a problem, the work to fix it begins. Continue reading Facebook Video Raises Offensive Content, Piracy Concerns