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

E-commerce giant Amazon launched a new delivery system this week called Amazon Flex. The Uber-like model offers individuals with their own vehicles and an Android smartphone the opportunity to deliver packages for $18-25 per hour. Drivers have the option of two-, four- or eight-hour shifts. In addition to a car and an Android phone for managing deliveries with the Flex app, drivers must be over 21 and pass a background check. The new system, initially rumored back in June, works with Amazon’s Prime Now service, which offers members one- and two-hour delivery on items. Continue reading Amazon Enters the Gig Economy with “Flex” Delivery Service

Apple has won the latest legal battle in a back-and-forth case that began in 2014 when a jury trial in San Jose awarded the company more than $119 million in damages for infringement by Samsung. At that trial, the presiding judge denied Apple’s request for an injunction against Samsung including features that Apple said infringed on its smartphone patents. In this most recent ruling, a U.S. Federal Appeals Court flipped that ruling, saying that Apple is entitled to an injunction barring Samsung from using those specific features. Continue reading Apple Takes the Latest Round in Patent Battle with Samsung

Chicago recently extended its 9 percent “amusement” tax — originally intended primarily for live shows and sporting events — to include an array of online services. Now, subscribers to streaming services such as Netflix, Xbox Live and Spotify are fighting back with a lawsuit that contends taxing such digital entertainment should be ruled illegal. The policy challenge in Chicago could prove significant to the larger media industry since its outcome could possibly shape how cities and states could tax parts of the Internet economy in the future. Continue reading Lawsuit Claims Streaming Tax on Digital Entertainment is Illegal

The Third U.S. Circuit Court of Appeals ruled that the Federal Trade Commission can advance its lawsuit against Wyndham Worldwide, which the FTC holds partially culpable for theft of online data three times between 2008 and 2010, for a total of over 619,000 credit- and debit-card numbers. Since Congress has yet to pass sweeping legislation on data security, the FTC has stepped in, so far instigating 50 additional data-security cases based on its mandate to act against unfair and deceptive business practices. Continue reading FTC Has Authority Over Corporate Hacks, says Appeals Court

The patent war between Apple and Samsung resulted in Samsung turning over profits from Galaxy products to Apple based on patent infringements. The implications of the case motivated major tech companies including Dell, eBay, Facebook, Google, HP and others to form a coalition in a “friend of the court briefing” siding with Samsung, filed July 1 with a federal appeals court. The companies are concerned the ruling could subject the industry to more lawsuits, hinder future innovation, and limit customer choices across the entire tech sector. Continue reading Tech Industry Fears Implications of Apple-Samsung Patent War

Consumers filed a class action lawsuit against Sling Media, claiming the company streamed ads through its Slingbox device without their permission. Slingbox sends TV, video and other media from home broadcast, cable or satellite devices to consumers’ phones. The plaintiffs allege that as of March 2015, the $300 Slingbox devices embedded advertising in the media streamed to the mobile devices of consumers who never consented to the ads. They claim Slingbox ads violate business law in California and Sling Media engages in unlawful business practices. Continue reading Lawsuit Filed Against Sling Media for Streaming Unwanted Ads

Kim Dotcom, the man accused in the biggest case of copyright infringement in U.S. history, criticizes Hollywood studios for failing to effectively utilize Internet technology to distribute their content. The creator of file-sharing website Megaupload.com predicts that Netflix and other companies “will ultimately take over these dinosaurs.” Currently, studios including 20th Century Fox and Disney are suing Dotcom for $100 million. Dotcom is also facing a civil suit from the U.S. government. Continue reading Kim Dotcom Claims Hollywood is to Blame for Piracy Problems

ESPN filed a lawsuit Monday in New York Supreme Court against Verizon, claiming that Verizon’s new FiOS TV packages — which allow subscribers to purchase a basic set of channels starting at $55 per month, and add tiers of genre-based channels — are in breach of contract regarding ESPN distribution. While Verizon introduced the new packages to attract consumers looking for more flexibility, the company has met resistance from major players such as 21st Century Fox and NBCUniversal regarding current programming agreements. Continue reading ESPN is First to File Suit Against Verizon Over FiOS Bundles

Speaking at CES, FCC Chairman Tom Wheeler hinted that the agency could reclassify broadband as a public utility (telecommunications service). Those in opposition of such a move, fearing increased federal regulation, include the broadband industry as well as some Republican lawmakers and conservative groups. Wheeler also accused broadcasters of slowing plans for spectrum auctions. While he remains optimistic that auctions would still begin next year, he expressed disappointment “that the broadcasters have slowed things down by filing suit.” Continue reading FCC Chair Hints That Broadband is Likely To Be Reclassified

The Federal Communications Commission may reverse its rules about net neutrality after consumer advocates argued that the “fast lane” deals between various companies and Internet service providers were characterized as unfair. Verizon reportedly plans to sue the government if the FCC adopts stronger net neutrality rules. Under the FCC’s plans, ISPs would be treated as a utility in their dealings with content providers, but their Internet service to consumers would be only lightly regulated. Continue reading Verizon Could Sue the Government Over Net Neutrality Rules

Social network Twitter filed a lawsuit against the U.S. government on Tuesday, seeking to bring more transparency to government surveillance. Twitter wants the government to ease restrictions on what tech companies can publicly disclose about the government’s national security-related requests for user data. The company alleges that these restrictions violate the company’s First Amendment rights. This is the latest in a series of battles over online national surveillance. Continue reading Twitter Sues U.S. Government Over Surveillance Disclosures

California Governor Jerry Brown signed into law a new measure that bans businesses from preventing their customers from leaving negative reviews, especially online. Yelp and other sites have pushed anti-SLAPP (Strategic Lawsuits Against Public Participation) laws around the country to stop defamation lawsuits against their users who post negative reviews. California businesses can no longer force customers to waive their right to comment on their service, or they can face fines of up to $10,000. Continue reading California Law Protects the Right to Post Bad Reviews on Yelp

The National Association of Broadcasters filed a lawsuit yesterday in response to the FCC’s plan to auction airwaves next year. NAB argues that the spectrum reverse auction, the first of its kind, would negatively impact TV stations financially and reduce coverage areas. The auction would allow stations in large cities to accept bids so their spectrum can be resold to wireless carriers for mobile broadband. Participating stations can close shop or move to another channel with fewer airwaves. Continue reading NAB Files Lawsuit Over FCC’s Auction Rules for TV Airwaves

The Alliance of Artists & Recording Companies has filed a lawsuit against Ford, General Motors and two tech companies that made devices for digitally copying music from CDs to hard drives. The lawsuit is based on the 1992 Audio Home Recording Act, which provides royalties to record companies from the sale of music copying devices. The Alliance contends that Ford and GM installed these devices without paying any royalties, and is now seeking unpaid royalties and damages. Continue reading Ford and GM are Sued for Devices that Enable Music Copying