Artificial intelligence stakeholders are calling for safe harbor legal and technical protections that will allow them access to conduct “good-faith” evaluations of various AI products and services without fear of reprisal. More than 300 researchers, academics, creatives, journalists and legal professionals had as of last week signed an open letter calling on companies including Meta Platforms, OpenAI and Google to allow access for safety testing and red teaming of systems they say are shrouded in opaque rules and secrecy despite the fact that millions of consumers are already using them. Continue reading Researchers Call for Safe Harbor for the Evaluation of AI Tools

Senators Thom Tillis (R-North Carolina) and Patrick Leahy (D-Vermont) introduced the SMART Copyright Act of 2022, bipartisan legislation they say will “hold tech accountable by developing effective, widely-available measures to combat copyright theft.” While intellectual property owners see the proposal as a positive step to protect creators, critics view it as a potential threat to free speech. Essentially an update to 1998’s Digital Millennium Copyright Act, SMART allows the U.S. Copyright Office to create standard technical measures (STMs) to protect rightsholders through a filtering system implemented by online hosting platforms. Continue reading SMART Copyright Act Updates DMCA in Fight Against Piracy

Amazon-owned Twitch, which now has 17.5 million average daily visitors, responded to the escalating problem of its users being hit with music copyright takedowns. Under pressure by the Recording Industry Association of America (RIAA) and National Music Publishers Association (NMPA), Twitch debuted a beta version of Soundtrack by Twitch, an in-platform music streaming service featuring 1+ million copyright-cleared songs by independent artists that can be used legally and free of charge as background music. Continue reading Twitch Inks Live-Streaming Deal with Indie Music Companies

Ireland’s Data Protection Commission sent Facebook a preliminary order to cease data transfers of its European Union users to the U.S., a move confirmed by Facebook vice president of global affairs Nick Clegg. In doing so, EU regulators have taken a major step to enact a July ruling forbidding such transfers. Facebook would have to partition the data it collects from European users or stop serving them altogether. Otherwise, Ireland’s commission can fine Facebook up to $2.8 billion, 4 percent of its annual revenue. Continue reading Ireland Orders Facebook to Stop Moving EU Data to the U.S.

Google and other members of tech trade groups have gone up against the entertainment industry’s chief lobbying organizations in recent years, but now the tech firms are describing themselves in a new light. “We are the new faces of the American content industry, winning Emmys and Oscars, providing distribution for streaming-only Grammy winners, while creating services that address the challenge of piracy by allowing consumers to legally access content globally,” states a letter sent to U.S. Trade Representative Robert Lighthizer, which details concerns regarding the North American Free Trade Agreement. Continue reading Internet Firms Now Describe Themselves as Content Leaders

After a seven year legal battle, the European Court of Justice (ECJ) has ruled that popular BitTorrent site The Pirate Bay is directly infringing copyright. The site, which was founded in Sweden in 2003, has been previously blocked, its offices raided and its three founders fined and jailed. The Pirate Bay claimed it differed from Napster in that it didn’t host or link to copyright infringing files, but rather hosts so-called trackers, which are files that lead to individual BitTorrent apps to download large files. Continue reading European Court Rules Against BitTorrent Site The Pirate Bay

Warner Music Group has renewed its music and publishing deals with YouTube following “months of tough negotiations,” according to WMG CEO Stephen Cooper. The renewal includes Warner Music record labels and the Warner/Chappell Music publishing division. Music labels have been limited by safe harbor provisions of the Digital Millennium Copyright Act that “allow digital services leeway in hosting and taking down unlicensed content,” reports Billboard. “Neither of Warner’s major competitors, Universal Music Group or Sony Music Entertainment, have reached new deals with YouTube and are still operating on a month-to-month basis, sources say.” Continue reading Warner Renews its Music and Publishing Deals With YouTube

According to the Recording Industry Association of America and 14 other groups, the 19-year-old Digital Millennium Copyright Act (DMCA) needs to be updated. They’re telling the U.S. Copyright Office that new piracy controls are required. Currently, ISPs that “expeditiously” remove copyrighted content when alerted by rights holders get legal immunity or so-called safe harbor. But the RIAA and others say this process is not sufficient, as the pirated copy reappears instantly, requiring yet another takedown notice. Continue reading Copyright Holders Demand DMCA Update, Addition of Filtering

Following extensive debate, the European Union has approved the EU-U.S. Privacy Shield data transfer agreement that will replace Safe Harbor, which “was struck down by the European Court of Justice in October of last year over concerns about how EU data was being treated once it was transferred to the U.S.,” reports Digital Trends. According to the European Commission’s press release, “For the first time, the U.S. has given the EU written assurance that the access of public authorities for law enforcement and national security will be subject to clear limitations, safeguards and oversight mechanisms and has ruled out indiscriminate mass surveillance of European citizens’ data.” Continue reading EU Approves Debated Privacy Shield to Replace Safe Harbor

British voters cast their ballots yesterday regarding the United Kingdom’s Brexit referendum, and surprising to many, the country has opted to exit the European Union. Shortly after the results were announced, British Prime Minister David Cameron announced he would resign his position later this year, while leaders in Northern Ireland and Scotland have indicated they will seek independence referendums in order to reenter the EU. The immediate response has been a dramatic ripple effect in markets worldwide with expectations for future uncertainty and potential crises. The tech industry, which often benefits from the EU’s liberal trade and economic policies, will likely be impacted. Continue reading Global Markets React to UK’s Decision to Exit European Union

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

An International Federation of the Phonographic Industry (IFPI) report points out that 20 million Americans, and 20 percent of the world’s population, still pirate music. Now, the IFPI will soon join the record labels’ trade group the RIAA in complaining that YouTube doesn’t pay a fair price for the music it gives away for free. At the same time, Universal Music Group, Sony and Warner Music Group are about to renegotiate their contracts with YouTube, and they say the Digital Millennium Copyright Act hurts their bargaining power. Continue reading Music Labels Cry Foul at YouTube and DMCA’s ‘Safe Harbor’

As revenue from streaming rose 29 percent last year, artists and the recording industry are renewing their effort to get the U.S. Copyright Office to take a second look at the “safe harbor provisions” of the 1998 Digital Millennium Copyright Act. They say that places the onus on policing copyright infringement on them, protecting services such as YouTube where copyrighted material is uploaded without permission. Katy Perry, Billy Joel and Rod Stewart are among the artists who have put a public face on the debate. Continue reading Artists Say ‘Safe Harbor’ is a Shield for Copyright Infringement

After months of contentious debate, American and European officials have hammered out a new trans-Atlantic data transfer agreement, dubbed the EU-U.S. Privacy Shield, a formal version of an agreement made early last month. But, despite the fact that the new agreement holds companies and the U.S. government to stricter rules regarding how they move individuals’ digital data — including social media posts, search queries and e-commerce purchases — from the E.U. to the United States, not everyone is happy with the new pact. Continue reading Europe and U.S. Introduce Updated Data Transfer Agreement

In a significant victory for BMG and copyright enforcer Rightscorp, a federal jury in Virginia found Cox Communications guilty of ignoring music piracy, directing that it pay BMG $25 million for the violations. Although Rightscorp was not named as a plaintiff, it provided the evidence that made it possible for BMG to go to trial. Rightscorp has been sending out copyright notices asking for $20 to $30 per song for what users believed were pirated songs. Cox was the biggest holdout, making them a target for BMG and Rightscorp. Continue reading Copyright Infringement Ruling: Cox to Pay BMG $25 Million