The Supreme Court just heard a multi-billion-dollar case regarding Google and Oracle’s long-running battle over smartphone software that some have called “the copyright case of the decade.” Google v. Oracle America, Case No. 18-956, is scrutinizing Google’s reliance on 11,000 lines of Java code in its Android operating system. Oracle acquired Java in 2010 when it bought Sun Microsystems and accuses Google’s use without permission as tantamount to copyright infringement. Google argues it is “fair use.” Continue reading Supreme Court Weighs Future of Software in Copyright Case

Apple’s 30 percent commission on digital goods and services in its App Store has raised the ire of numerous companies, including Netflix and Spotify, which have formed a coalition to promote legal and regulatory changes for app marketplaces. Apple and Epic Games are battling the issue in court, and Spotify filed an antitrust suit in Europe last year, with claims that it unfairly harms competitors. Apple is, however, giving a brief COVID-19-related reprieve on fees to some companies selling virtual experiences. Continue reading Apple Under Increasing Pressure to Change App Store Fees

The Justice Department sent Congress draft legislation to weaken Section 230 of the Communications Decency Act, leaving Facebook, YouTube and other social media platforms vulnerable to legal action for content posted by users. The proposed changes would create liability for platforms that allow “known criminal content” to remain once they are aware of it. President Trump claims that social media companies are biased against conservatives. The platforms have not been protected against some civil suits. Continue reading Proposed Legislation Would Weaken Shields for Social Media

Clearview AI sells access to billions of photos it scraped from the Internet to law enforcement agencies and corporations. A client can upload a photo or video image and the Clearview AI app creates a “faceprint” and finds photos of the person in its database. In response, California, Illinois, New York and Virginia filed lawsuits against the company, stating that collection of peoples’ photos without their consent is a violation of privacy laws. In the U.K., law enforcement lost a challenge to facial recognition laws. Continue reading Clearview AI Defends Facial Recognition App as Free Speech

Shanghai Zhizhen Network Technology Company was recently granted a Chinese patent for a voice assistant similar to Apple’s Siri. It has also filed a patent-infringement lawsuit against Apple, with about 10 billion yuan ($1.43 billion) in potential damages. The suit stated that Apple products violate a virtual assistant patent with technical architecture similar to Siri’s that is owned by a Chinese artificial intelligence company. Apple responded that Siri’s features are different from those described in the Chinese patent. Continue reading Apple Is in a Patent Infringement Dispute Over Siri in China

Many cybersecurity experts believe the current anti-hacking law, the 1986 Computer Fraud and Abuse Act (CFAA), is woefully out of date and applied too broadly by prosecutors and law enforcement. The Supreme Court is now taking another look at the law with a case in which a former Georgia police officer, Nathan Van Buren, was convicted in 2017 after allegedly selling information from a police database to an acquaintance for $6,000. Stanford University law professor Jeffrey L. Fisher is the lead attorney in the case. Continue reading Supreme Court Will Review Computer Fraud and Abuse Act

The Ninth U.S. Circuit Court of Appeals in San Francisco ruled unanimously that privately operated Internet platforms can censor content at will — a rebuke of the argument advanced in conservative circles that the platforms are bound by the First Amendment. The case in question was the YouTube channel of Prager University, a non-profit founded by radio host Dennis Prager. YouTube tagged dozens of PragerU’s videos as “inappropriate,” and stripped their advertising, which led the channel to file a lawsuit in 2017. Continue reading Appeals Court Agrees Internet Platforms Can Censor Content

At the HPA Tech Retreat in Rancho Mirage, California, Thompson Coburn partner Jim Burger presented his annual update on activities in Washington D.C. relevant to the media and entertainment business. Among the numerous copyright issues that Burger examined was the long-running case of Oracle America v. Google, which is centered on whether or not Oracle’s Java APIs are copyrightable. Google used early versions of the APIs to create its Android operating system. Continue reading HPA Tech Retreat: An Update to Compelling Copyright Issues

Facebook’s revenue rose 25 percent to $2.11 billion for the quarter, beating analysts’ expectations of $20.9 billion. Its 2019 revenue rose almost 27 percent, with Q4 profits a 7 percent lift to $7.35 billion. The company reported that, even as expenses grew, its user base grew 9 percent from a year earlier to 1.66 billion, topping FactSet’s prediction of almost 1.65 billion. Not all is rosy, however: Facebook agreed to pay $550 million to settle an Illinois class-action lawsuit over use of its facial recognition technology. Continue reading Facebook Revenue Strong, Despite Facial Recognition Suit

The Justice Department’s antitrust division plans to terminate the so-called Paramount consent decrees governing movie distribution, indicating they are no longer useful. Those rules were established in the wake of a landmark 1948 Supreme Court ruling covering the eight major movie distributors in the U.S. Their end will dramatically change movie distribution. DOJ antitrust official Makan Delrahim noted that streaming services and new business models have opened the door to “consumer-friendly innovation.” Continue reading Justice Department to End the Paramount Consent Decrees

Startup Audius, which relies on blockchain for its music streaming service, has received kudos from many in the industry that agree with the company’s assessment that “music platforms were at their best when they listened to what artists and fans wanted — not corporations or major labels.” Audius is positioning itself as a competitor to SoundCloud, once known as a hotspot for emerging musicians. But Audius has the same problem found on that service: unlicensed content that the company cannot remove. Continue reading Audius Music Streamer Faces Copyright Infringement Issues

A bipartisan group of attorneys general representing 48 U.S. states, Puerto Rico and the District of Columbia, led by Ken Paxton (R-Texas), announced an investigation of Google, initially focusing on the tech behemoth’s practices in online advertising. “But the facts will lead where the facts lead,” said Paxton, who made the announcement from the steps of the U.S. Supreme Court. “We don’t know all the answers,” he added. The states just subpoenaed Google for information on its advertising business practices. Continue reading Bipartisan Group of Attorneys General to Investigate Google

Apple has created new rules for kids apps in the App Store that will ban external analytics software and restrict the ability to sell advertisements. Considering the market dominance of the Apple App Store, developers of kids apps are worried that, starting next month when the rules go into effect, they will struggle to stay afloat. Apple said the new rules were in response to some children seeing inappropriate ads on apps and its aim to protect them from data trackers. Some privacy advocates have applauded the move. Continue reading Apple’s Rules For Kids Apps Will Impact Analytics and Ads

CBS, Disney’s ABC, Comcast’s NBCUniversal and Fox are suing non-profit streaming service Locast in U.S. District Court in the Southern District of New York. Locast, funded in part by AT&T, retransmits local television stations without permission, free to consumers. The Supreme Court shut down Aereo, which streamed content without permission in 2014. Locast says its status is legal under the Copyright Act of 1976, because, unlike Aereo, it is a non-profit operating “booster” and “translator stations” that strengthen a TV station’s signal. Continue reading Broadcasters File Federal Suit to Stop TV Streamer Locast

Locast is a streaming service that allows those without a pay-TV subscription to watch sports, news and primetime broadcast programming. Backed by the non-profit Sports Fan Coalition, Locast last week received a $500,000 contribution from AT&T. The service has launched in New York and Los Angeles among other large markets. But Locast has not received TV stations’ consent to carry their feeds, something required by federal copyright law, nor is it paying fees, which comprise a significant portion of broadcasters’ revenue. Continue reading Streaming TV Service Locast Receives a Boost From AT&T