Will Cablevision Suit Against Viacom Impact TV Bundling?

Cablevision Systems sued Viacom this week, alleging antitrust violations and representing simmering tensions within the television industry about how TV channels are packaged and priced. The pay TV distributor alleges that Viacom forced it to carry and pay for more than a dozen less popular channels for the right to carry its more popular networks including Nickelodeon, MTV and Comedy Central. Continue reading Will Cablevision Suit Against Viacom Impact TV Bundling?

Small Bookstores Sue Amazon, Seek Open E-Book Market

Independent bookstores have filed a lawsuit alleging agreements between Amazon and six large book publishers violate federal antitrust law. The small bookstores cite the proprietary coding software that only allows users to read e-books on a Kindle or the Kindle app. They are making an argument for open-source coding that would allow for a more open e-book publishing market. Continue reading Small Bookstores Sue Amazon, Seek Open E-Book Market

Petition Hopes to Make Unlocking Cell Phones Legal Again

An online petition to the White House regarding the locking of mobile phones has gathered more than 100,000 signatures, the milestone at which the U.S. government is required to issue an official response. The petition is intended to make unlocking phones legal again. The signature-gathering campaign has largely generated followers via social networks including Twitter and Reddit. Continue reading Petition Hopes to Make Unlocking Cell Phones Legal Again

NASCAR Crash and YouTube Vids Raise Copyright Questions

After a crash and flying debris injured at least 28 fans at a Daytona NASCAR race over the weekend, NASCAR’s video copyright policy came into question. NASCAR claims to own any “images, sounds and data” from NASCAR events. Fans began posting videos of the crash to YouTube, but NASCAR, claiming to own the videos, had the videos removed. But later in the day YouTube reinstated some videos after ruling NASCAR did not have the right to remove the videos. Continue reading NASCAR Crash and YouTube Vids Raise Copyright Questions

Google Algorithm Change Not Effective, According to RIAA

According to the Recording Industry Association of America (RIAA), the change to Google’s algorithm, which is designed to takes sites with higher rates of copyright-infringed material and give them a lower search rating is not helping ongoing piracy problems. A new report from the RIAA notes that none of the sites were demoted in a significant way and search results were nearly unaffected. Continue reading Google Algorithm Change Not Effective, According to RIAA

Legal: Amazon Granted Patent Regarding Used Digital Content

The U.S. Patent & Trademark Office granted Amazon a broad patent that covers a “secondary market for digital objects,” according to The Hollywood Reporter. “According to the text of the patent, which Amazon first applied for in May 2009, digital objects not only include e-books, but also ‘audio, video, computer applications, etc.’ that are purchased from an original vendor.” Will a new market for used digital content have legal implications? Continue reading Legal: Amazon Granted Patent Regarding Used Digital Content

U.S. Copyright Office Says it is Illegal to Unlock Phones

It is now illegal for U.S. customers to unlock phones to enable them to work on different networks. “The U.S. Copyright Office is no longer granting unlocking an exemption to the Digital Millennium Copyright Act. The DMCA makes it illegal to ‘circumvent a technological measure that effectively controls access’ to copyrighted material, in this case software embedded in phones that controls carrier access,” explains Wired. Continue reading U.S. Copyright Office Says it is Illegal to Unlock Phones

Kim Dotcom Debuts File-Sharing Service to Replace Megaupload

Kim Dotcom, the founder of defunct Megaupload.com, has launched a new website called “Mega.” The file-sharing site drew half a million users within its first 14 hours of operation. Dotcom, who has been battling prosecutors since Megaupload’s assets were seized, claims the new site is legal and compliant with copyright law. However, U.S. prosecutors declined to comment. Continue reading Kim Dotcom Debuts File-Sharing Service to Replace Megaupload

SparkFun Celebrates an Open Source Approach to Innovation

SparkFun does business by its own rules. The electronics supplier designs dozens of new products a year and never patents any of them. And while most of what the company actually sells is sourced from other suppliers, “where the company has made its name is in a stable of its own custom parts and kits, the designs for which it gives away for free,” explains Wired. Continue reading SparkFun Celebrates an Open Source Approach to Innovation

Google Demands Warrants for Access to Email and Cloud Data

Despite federal law that states authorities do not need warrants for e-mails stored for longer than 180 days, Google demands probable cause warrants when asked for user data from Gmail or other cloud-based services. “Google requires an ECPA search warrant for contents of Gmail and other services based on the Fourth Amendment to the Constitution, which prevents unreasonable search and seizure,” Google said in a statement. Continue reading Google Demands Warrants for Access to Email and Cloud Data

Revamped Myspace Hits Snag with Independent Record Labels

Justin Timberlake released his latest song, “Suit & Tie,” on Myspace last week in order to promote both his new album and the revamped version of Myspace (Timberlake is a minority partner in the group that purchased the social network in 2011). The new Myspace, which lets users listen to music for free in order to help promote artists, has drawn early praise for its functionality and sleek design, but it may have hit a bump in the road as a coalition of indie record labels claims the network is using music from member labels without permission. Continue reading Revamped Myspace Hits Snag with Independent Record Labels

Convicted File Sharer Recieves Record 5-Year Prison Term

Jeramiah Perkins of the IMAGiNE Group was handed a record prison term for illegal file-sharing. The 40-year old Perkins, who is the reported leader of the in-theater camcording gang, was ordered to serve a 60-month prison term. The sentence surpasses that of IMAGiNE co-defendant Gregory Cherwonik of New York, who received 40 months in November. “In all, five IMAGiNE members have pleaded guilty to conspiracy to commit copyright infringement for operating what prosecutors described as the world’s most prolific piracy release group between 2009 and 2011,” reports Wired. Continue reading Convicted File Sharer Recieves Record 5-Year Prison Term

Is Carrier IQ, Samsung and HTC Violating the Federal Wiretap Act?

  • After an Android security researcher discovered that CarrierIQ was capable of collecting personal information from SMS, emails, photos, keystrokes and URLs, the company has been the target of severe criticism.
  • Now, CarrierIQ faces a class action lawsuit — as do Samsung and HTC — for violating the Federal Wiretap Act.
  • Plaintiffs are demanding millions of dollars in penalties paid to users with the logging software on their devices.
  • The company vehemently denies the charges, restating that the software is used solely to help wireless operators provide optimal service by logging information concerning dropped calls and failed messages.
  • TechCrunch notes that no carriers face charges as of yet, but are likely to in the near future.

Editorials Respond to Proposed Legislation Regarding Online Piracy

  • According to an editorial in The New York Times, the House’s proposed Stop Online Piracy Act is too broad as it has provisions to cut off payments from providers such as Visa and ad networks like Google simply by filing a notice of infringement.
  • While the legislation is aimed at foreign websites like Pirate Bay, it could also be used against domestic websites covered by the Digital Milennium Copyright Act that has safe harbor provisions.
  • The editorial asserts that safe harbor provisions should be made available to foreign websites that abide by the DMCA. And a court order should be required before action is taken.
  • A related Los Angeles Times editorial suggests that the Stop Online Piracy Act and the PROTECT IP Act both go to extremes in an effort to protect intellectual property.
  • The legislation could force companies to monitor their users’ behavior “turning them into a private security force for copyright and trademark owners.”
  • Infringement on popular sites like Facebook, Dropbox and YouTube are certainly opening them up to action in spite of safe harbor provisions now in force. The result would be less innovation to create the next YouTube and would have a potentially chilling effect on free speech.

Surveillance Catalog: Government Uses New Monitoring Techniques

  • Take a look at the toolkit for governments to legally monitor what people are doing on the Web. It’s an impressive catalog that includes hacking, intercept, data analysis, Web scraping and anonymity products. It makes one aware that nothing is safe from surveillance.
  • Hacking tools use techniques commonly used in malware.
  • Intercept tools can filter all traffic from the Internet backbone and determine which to forward to law enforcement.
  • Data analysis sorts, stores and analyzes information from a variety of sources including wired and wireless networks, surveillance, domestic and foreign agencies, tactical operations, etc. to build a complete profile of suspects or identify patterns across data sets.
  • Web scraping gathers and analyzes data from publicly available sources.
  • Anonymity hides the identity of investigators.
  • If governments are already using these tools, how long will it be before anyone can obtain them? WIll this imperil the confidence people have online?