By Mike Masnick
Techdirt | Article Link
Last week, we noted that Judge Beryl Howell seemed to go against numerous other rulings by mass copyright lawsuit filers in saying that it was just fine to lump all the defendants together, despite the fact that each one was totally unrelated to the others. She even went so far as to claim that this benefited the defendants. She also pointed out that this made it easier for the plaintiffs, and seemed particularly concerned that things be as easy as possible for those plaintiffs. As we noted, our legal system isn't supposed to work that way. The point was making sure that actual due process was allowed, and joining together totally unrelated cases went against that principle.
Of course, perhaps there's a reason why Howell wanted to make things easier for plaintiffs in mass copyright lawsuits. You see, as TorrentFreak points out, Judge Beryl Howell is a recent appointment to the bench, and prior to that worked as a lawyer for a law firm that did plenty of work for the RIAA, and Howell herself was a lobbyist for the RIAA. It also notes that she helped write the DMCA among other copyright expansion laws from the last decade and a half.
As TorrentFreak notes, this certainly seems like a conflict of interest.
Tuesday, March 29, 2011
Monday, March 28, 2011
5 Years Later, First P2P Case to be Tried Still Chugging Along
By Nate Anderson
Ars Technica | Article Link
Yes, the first file-sharing case in the US to go all the way to trial is still going. Filed on April 19, 2006 and progressing through a remarkable three trials, the recording industry case against Minnesota resident Jammie Thomas-Rasset continues to burn through cash and judicial attention.
Thomas-Rasset was at first hit with a $222,000 fine in 2007, which was set aside in 2008. Another jury trial in 2009 ended with a $1.92 million judgment, which was set aside in 2010. In November 2010, a third trial ended with a $1.5 million verdict, which the judge is unlikely to allow (his previous orders suggested that a few thousand dollars per song would be the maximum permissible damages). At the moment, both sides are still arguing over the appropriateness of that $1.5 million damages award.
Ars Technica | Article Link
Thomas-Rasset was at first hit with a $222,000 fine in 2007, which was set aside in 2008. Another jury trial in 2009 ended with a $1.92 million judgment, which was set aside in 2010. In November 2010, a third trial ended with a $1.5 million verdict, which the judge is unlikely to allow (his previous orders suggested that a few thousand dollars per song would be the maximum permissible damages). At the moment, both sides are still arguing over the appropriateness of that $1.5 million damages award.
Oprah Escapes $100 Million Lawsuit Over Question About Fattest U.S. President
By Eriq Gardner
THR Esq. | Article Link
A judge finds Winfrey's question about 'Which one of our presidents weighed the most?' did not violate copyright of book author.
A federal judge in Pennsylvania has tossed out a book author's $100 million lawsuit against Oprah Winfrey for violating the copyright in the political booklet, How America Elects Her Presidents.
Charles Harris claimed in a lawsuit that in 2008, as Winfrey began supporting Barack Obama's presidential campaign, Harris sent 10 copies of his booklet to the The Oprah Winfrey Show in hopes of gaining publicity. He followed up with several inquiries. Harris got no response, but according to the complaint, on the February 16, 2009 show, Winfrey allegedly read aloud exact questions that were included in the book. Harris wanted in excess of $100 million for alleged copyright infringement.
THR Esq. | Article Link
A judge finds Winfrey's question about 'Which one of our presidents weighed the most?' did not violate copyright of book author.
A federal judge in Pennsylvania has tossed out a book author's $100 million lawsuit against Oprah Winfrey for violating the copyright in the political booklet, How America Elects Her Presidents.
Charles Harris claimed in a lawsuit that in 2008, as Winfrey began supporting Barack Obama's presidential campaign, Harris sent 10 copies of his booklet to the The Oprah Winfrey Show in hopes of gaining publicity. He followed up with several inquiries. Harris got no response, but according to the complaint, on the February 16, 2009 show, Winfrey allegedly read aloud exact questions that were included in the book. Harris wanted in excess of $100 million for alleged copyright infringement.
Sunday, March 27, 2011
Eminem Lawsuit May Raise Pay for Older Artists
By Ben Sisario
New York Times | Article Link
The most closely watched lawsuit in the music industry asks this question: how much should a song on iTunes or another digital music service be worth to the performer?
The artist at the center of the suit is Eminem, but some of the biggest beneficiaries of the case may be thousands of older artists who have not released an album in decades.
Four years ago, the producers who discovered Eminem sued his record label, the Universal Music Group, over the way royalties are computed for digital music, which boils down to whether an individual song sold online should be considered a license or a sale. The difference is far from academic because, as with most artists, Eminem’s contract stipulates that he gets 50 percent of the royalties for a license but only 12 percent for a sale.
New York Times | Article Link
The most closely watched lawsuit in the music industry asks this question: how much should a song on iTunes or another digital music service be worth to the performer?
 |
A court has ruled that Eminem's contract gives him 50% of the royalties for songs sold online. |
Four years ago, the producers who discovered Eminem sued his record label, the Universal Music Group, over the way royalties are computed for digital music, which boils down to whether an individual song sold online should be considered a license or a sale. The difference is far from academic because, as with most artists, Eminem’s contract stipulates that he gets 50 percent of the royalties for a license but only 12 percent for a sale.
Friday, March 25, 2011
Ford Sues Nissan's Brazil Management Over TV Ad
By Guillermo Parra-Bernal
Reuters | Article Link
SAO PAULO – The Brazilian unit of Ford Motor Co. filed a criminal lawsuit against the local management of rival Nissan Motor Co. for airing a TV commercial that says the U.S. automaker charges customers too much for hatchback models.
The commercial, which was withdrawn from national TV on March 3 after Ford obtained an injunction, shows two rappers dressed as Ford engineers in factory outfits boasting about the money they pocket by overpricing the hatchback Focus model. A silver Focus lies in the background, while bikini-clad models dance and sip champagne.
U.S. Internet Piracy is on the Decline
By Lauren Indvik
Mashable | Article Link
Internet piracy is on the decline in the U.S., according to new research from NPD Group.
The percentage of the U.S. Internet population using a P2P file-sharing service to download music has decreased from 16% (28 million users) at the end of 2007, to 9% (16 million users) in the fourth quarter of 2010 — the very quarter that LimeWire was forced to shut down its file-sharing service. In the previous quarter , a federal judge ruled against LimeWire in a copyright infringement case versus the Recording Industry Association of America (RIAA).
Mashable | Article Link
Internet piracy is on the decline in the U.S., according to new research from NPD Group.
The percentage of the U.S. Internet population using a P2P file-sharing service to download music has decreased from 16% (28 million users) at the end of 2007, to 9% (16 million users) in the fourth quarter of 2010 — the very quarter that LimeWire was forced to shut down its file-sharing service. In the previous quarter , a federal judge ruled against LimeWire in a copyright infringement case versus the Recording Industry Association of America (RIAA).
Thursday, March 24, 2011
The Problem with the Fifth Fair Use Factor
By Jonathan Bailey
Plagarism Today | Article Link
If you think you know fair use, you’re almost certainly wrong. Fair use is an intentionally flexible part of copyright law where, at times, the law itself can become nothing more than a suggestion on how to reach a judgement. The fact is, the more one studies fair use, the less they understand about it and the less certain they feel about any particular case.
This issue is made even more complicated by the presence of an unofficial “fifth” fair use factor. An element weighed by judges routinely when deling with fair use cases but found nowhere in the law itself. However, it’s played a critical role in many of the biggest recent fair use cases and likely will continue to play a role in the future.
Plagarism Today | Article Link
This issue is made even more complicated by the presence of an unofficial “fifth” fair use factor. An element weighed by judges routinely when deling with fair use cases but found nowhere in the law itself. However, it’s played a critical role in many of the biggest recent fair use cases and likely will continue to play a role in the future.
Wednesday, March 23, 2011
Superman Legal Fight Heats Up As New Appeal Sought
By Matthew Belloni
THR, Esq. | Article Link
As Warner Bros.’ big-budget reboot Superman: Man of Steel finally takes off under the guidance of director Zack Snyder and producer Christopher Nolan, the long-running battle over who owns the Man of Steel is entering a new phase.
The nasty dispute between Warners and the heirs of co-creators Jerry Siegel and Joe Shuster stems from a 2008 court ruling that the Siegels are entitled to terminate the copyrights to some—but not all—of Superman’s defining characteristics, such as his costume, Clark Kent and his origin story, as described in the first editions of Action Comics.
THR, Esq. | Article Link
As Warner Bros.’ big-budget reboot Superman: Man of Steel finally takes off under the guidance of director Zack Snyder and producer Christopher Nolan, the long-running battle over who owns the Man of Steel is entering a new phase.
The nasty dispute between Warners and the heirs of co-creators Jerry Siegel and Joe Shuster stems from a 2008 court ruling that the Siegels are entitled to terminate the copyrights to some—but not all—of Superman’s defining characteristics, such as his costume, Clark Kent and his origin story, as described in the first editions of Action Comics.
Tuesday, March 22, 2011
No Sharing Allowed: Amazon & Book Publishers' Stupid Attempts to Curtail E-Book Lending
By Farhad Manjoo
Slate | Article Link
As convenient as they are, I've long worried about the many ways in which e-book purveyors restrict readers' rights. You can't resell the books you purchase for the Amazon Kindle, and you can't read them on most other e-readers. We also don't really own e-books in the same way we own paperbacks—Amazon has gone as far as remotely deleting titles from users' devices.
Lendle, a web clearinghouse for people who want to loan out and borrow Kindle books, tries to make lemonade out of this sour situation. Many Kindle titles can be loaned out once for a 14-day period. When you sign up for Lendle, you tell the site which books you have in your Kindle library. The more books you put up to lend to other people, the more books you're allowed to borrow. Everybody wins, right?
Slate | Article Link
Lendle, a web clearinghouse for people who want to loan out and borrow Kindle books, tries to make lemonade out of this sour situation. Many Kindle titles can be loaned out once for a 14-day period. When you sign up for Lendle, you tell the site which books you have in your Kindle library. The more books you put up to lend to other people, the more books you're allowed to borrow. Everybody wins, right?
Property Rights and the Night Skies of the Korean Peninsula
By Sandra Aistars
Copyright Alliance | Article Link
Richard E. Wagner, a Professor of Economics at George Mason University, writes a memorable and meaningful introduction to the Property Rights Alliance’s annual report released today analyzing intellectual and physical property rights in 129 countries.
“If you go to Google Images and type in ‘Korean Peninsula at night,’ you will see a variety of satellite photos that show South Korea brightly illuminated, while North Korea is dark….It is said that a picture is worth a thousand words. In this respect, those pictures from space tell a tale of how private property promotes human flourishing, while collective property impairs it.”
Copyright Alliance | Article Link
Richard E. Wagner, a Professor of Economics at George Mason University, writes a memorable and meaningful introduction to the Property Rights Alliance’s annual report released today analyzing intellectual and physical property rights in 129 countries.
“If you go to Google Images and type in ‘Korean Peninsula at night,’ you will see a variety of satellite photos that show South Korea brightly illuminated, while North Korea is dark….It is said that a picture is worth a thousand words. In this respect, those pictures from space tell a tale of how private property promotes human flourishing, while collective property impairs it.”
NY Judge Calls Off Plans for Google Library
By Larry Neumeister
Associated Press | Article Link
NEW YORK – A judge on Tuesday rejected a deal between Internet search leader Google and the book industry that would have put millions of volumes online, citing anti-trust concerns and the need for involvement from Congress while acknowledging the potential benefit of putting literature in front of the masses.
U.S. Circuit Judge Denny Chin in Manhattan said the creation of a universal library would "simply go too far," and he was troubled by the differences between Google's views and those of everyone affected by the settlement. Still, he left the door open for an eventual deal, noting that many objectors would drop their complaints if Mountain View, Calif.-based Google Inc. set it up so book owners would choose to join the library rather than being required to quit it. The $125 million settlement had drawn hundreds of objections from Google rivals, consumer watchdogs, academic experts, literary agents and even foreign governments. Google already has scanned more than 15 million books for the project.
Associated Press | Article Link
NEW YORK – A judge on Tuesday rejected a deal between Internet search leader Google and the book industry that would have put millions of volumes online, citing anti-trust concerns and the need for involvement from Congress while acknowledging the potential benefit of putting literature in front of the masses.
U.S. Circuit Judge Denny Chin in Manhattan said the creation of a universal library would "simply go too far," and he was troubled by the differences between Google's views and those of everyone affected by the settlement. Still, he left the door open for an eventual deal, noting that many objectors would drop their complaints if Mountain View, Calif.-based Google Inc. set it up so book owners would choose to join the library rather than being required to quit it. The $125 million settlement had drawn hundreds of objections from Google rivals, consumer watchdogs, academic experts, literary agents and even foreign governments. Google already has scanned more than 15 million books for the project.
Wednesday, March 16, 2011
Zediva Streams New Releases Through Copyright Loophole
By Ryan Singel
Wired | Article Link
Zediva, a streaming movie service you’ve likely never heard of, is a most clever and useful middle finger to Hollywood — even if the site is careful to say it’s not about sticking it to the studios.
Zediva’s offering is quite simple: new release movies that you can’t get on Amazon, Netflix or iTunes that cost $2 for a digital rental that lasts for two full weeks. It hasn’t struck any deals with studios and doesn’t plan on doing so.
And the company says it’s perfectly legal for you to stream The Social Network or 127 Hours right now and are exiting their beta-test phase Wednesday morning.
So how do they get away with it?
Wired | Article Link
Zediva’s offering is quite simple: new release movies that you can’t get on Amazon, Netflix or iTunes that cost $2 for a digital rental that lasts for two full weeks. It hasn’t struck any deals with studios and doesn’t plan on doing so.
And the company says it’s perfectly legal for you to stream The Social Network or 127 Hours right now and are exiting their beta-test phase Wednesday morning.
So how do they get away with it?
If You Want to Know Why Your Favorite TV Show Isn't on DVD, Blame It on the Music
By Aaron Moss
Law Law Land | Article Link
One of the joys of living in the DVD/Blu-ray age is that TV fans can easily relive their most joyous television experiences, with series that range from the iconic to the obscure. Megahits like The Simpsons and Seinfeld are obviously readily available, as are cult favorites like Freaks and Geeks and Arrested Development. Even less iconic one-season-wonders are available for home viewing consumption, like Greg the Bunny, Studio 60 on the Sunset Strip, and my personal favorite, Square Pegs, complete with New Wave soundtrack and a pre-Sex and the City Sarah Jessica Parker as nerdy high schooler Patty Greene.
But given the hundreds of shows to choose from, do you ever wonder why some of the most popular series, like The Wonder Years are AWOL on home video?
Law Law Land | Article Link
One of the joys of living in the DVD/Blu-ray age is that TV fans can easily relive their most joyous television experiences, with series that range from the iconic to the obscure. Megahits like The Simpsons and Seinfeld are obviously readily available, as are cult favorites like Freaks and Geeks and Arrested Development. Even less iconic one-season-wonders are available for home viewing consumption, like Greg the Bunny, Studio 60 on the Sunset Strip, and my personal favorite, Square Pegs, complete with New Wave soundtrack and a pre-Sex and the City Sarah Jessica Parker as nerdy high schooler Patty Greene.
But given the hundreds of shows to choose from, do you ever wonder why some of the most popular series, like The Wonder Years are AWOL on home video?
Tuesday, March 15, 2011
Report: Piracy a "Global Pricing Problem" with Only One Solution
By Nate Anderson
Ars Technica | Article Link
A major new report from a consortium of academic researchers concludes that media piracy can't be stopped through “three strikes” Internet disconnections, Web censorship, more police powers, higher statutory damages, or tougher criminal penalties. That's because the piracy of movies, music, video games, and software is “better described as a global pricing problem.” And the only way to solve it is by changing the price.
Over the last three years, 35 researchers contributed to the Media Piracy Project, released last week by the Social Science Research Council. Their mission was to examine media piracy in emerging economies, which account for most of the world's population, and to find out just how and why piracy operates in places like Russia, Mexico, and India.
Ars Technica | Article Link
Over the last three years, 35 researchers contributed to the Media Piracy Project, released last week by the Social Science Research Council. Their mission was to examine media piracy in emerging economies, which account for most of the world's population, and to find out just how and why piracy operates in places like Russia, Mexico, and India.
White House Calls For Stricter Copyright Laws, Greater Enforcement Authority
By Josh Smith
National Journal | Article Link
The Obama Administration is calling for greater law enforcement authority and tougher penalties, including prison in some cases, for people convicted of copyright infringement.
The White House's Intellectual Property Enforcement Coordinator, Victoria Espinel, submitted 20 recommendations to Congress on Tuesday aimed at cracking down on copyright infringement on items ranging from drugs to music and military equipment.
National Journal | Article Link
The Obama Administration is calling for greater law enforcement authority and tougher penalties, including prison in some cases, for people convicted of copyright infringement.
The White House's Intellectual Property Enforcement Coordinator, Victoria Espinel, submitted 20 recommendations to Congress on Tuesday aimed at cracking down on copyright infringement on items ranging from drugs to music and military equipment.
TV Producer Claims Tax Credit Denial Was A Violation of U.S. Constitution
By Eric Gardner
THR, Esq. | Article Link
Allow us to introduce Sandy Frank, a producer of unscripted television shows. After being denied a few hundred thousand dollars by Michigan's tax and film offices, Frank has delivered a sublimely angry 42-page lawsuit that basically rips Michigan officials for being hypocrites with poor taste.
Michigan has offered one of the most generous packages in the nation for film and television producers, providing up to 42% in tax credits on qualified production expenditures in the state. The package has been quite a carrot for indie producers, but there's a catch -- game shows don't qualify.
THR, Esq. | Article Link
Allow us to introduce Sandy Frank, a producer of unscripted television shows. After being denied a few hundred thousand dollars by Michigan's tax and film offices, Frank has delivered a sublimely angry 42-page lawsuit that basically rips Michigan officials for being hypocrites with poor taste.
Michigan has offered one of the most generous packages in the nation for film and television producers, providing up to 42% in tax credits on qualified production expenditures in the state. The package has been quite a carrot for indie producers, but there's a catch -- game shows don't qualify.
Monday, March 14, 2011
David Cameron's 'Google-Model' Vision for Copyright Under Fire
By Adam Sherwin
The Guardian | Article Link
It was a speech delivered last autumn by David Cameron, setting out his vision for a "Silicon Roundabout" in Shoreditch, east London, that first gave ammunition to the conspiracy theorists.
"The founders of Google have said they could never have started their company in Britain," the prime minister told his audience of thrusting internet entrepreneurs.
The Guardian | Article Link
 |
| David Cameron consulting his aide Steve Hilton during their visit to the Arctic in 2006. Hilton is married to Rachel Whetstone, Google’s European head of communications. Photograph: Andrew Parsons/EMPICS |
It was a speech delivered last autumn by David Cameron, setting out his vision for a "Silicon Roundabout" in Shoreditch, east London, that first gave ammunition to the conspiracy theorists.
"The founders of Google have said they could never have started their company in Britain," the prime minister told his audience of thrusting internet entrepreneurs.
Copyright and Buggy Whips
By Terry Hart
Copyhype | Article Link
A familiar trope of copyright critics is that those involved in creating content — whether record labels, movie studios, or book publishers — are stuck in the past. The challenges facing these industries stem from their refusal to embrace innovation.
The tech industry is especially fond of this trope and seem to have settled on the “buggy whip” as their analogy of choice. A notable example is last August’s statement by Gary Shapiro, president of the Consumer Electronics Association, who said, “Rather than adapt to the digital marketplace, NAB [National Association of Broadcasters] and RIAA act like buggy-whip industries that refuse to innovate and seek to impose penalties on those that do.”
On its face, this claim doesn’t hold up.
Copyhype | Article Link
A familiar trope of copyright critics is that those involved in creating content — whether record labels, movie studios, or book publishers — are stuck in the past. The challenges facing these industries stem from their refusal to embrace innovation.
The tech industry is especially fond of this trope and seem to have settled on the “buggy whip” as their analogy of choice. A notable example is last August’s statement by Gary Shapiro, president of the Consumer Electronics Association, who said, “Rather than adapt to the digital marketplace, NAB [National Association of Broadcasters] and RIAA act like buggy-whip industries that refuse to innovate and seek to impose penalties on those that do.”
On its face, this claim doesn’t hold up.
Wednesday, March 9, 2011
Console Modification : The Next Anti-Circumvention Exception to the Digital Millennium Copyright Act?
By Karen Muiter
Fordham Intellectual Property, Media & Entertainment Law Journal
Charges have been dropped in the federal trial of a California man charged with violating the anti-circumvention provisions of the Digitial Millenium Copyright Act (the “DMCA”). The trial revitalized the issue of whether video game console modification should be exempted from the anti-circumvention provisions of the act. Andrew “Bunnie” Huang, author of the book Hacking the Xbox and one of the most well-known video game console hackers, was set to testify on behalf of Matthew Crippen, who was charged with commercially modifying xBox consoles in violation of the DMCA.
Tuesday, March 8, 2011
What You Need to Know to License Music for Film
By George Rush
SF360 | Article Link
At the beginning of The Royal Tenenbaums, the famous Beatles song “Hey Jude” prominently plays over the opening sequence. Fans of The Beatles will instantly recognize that it’s not Paul McCartney’s voice. It’s a cover version of the song. Did director Wes Anderson think he could improve upon one of the greatest pop songs of all time? Of course not. The reason we hear a different version is simple: He was able to acquire a "synchronization" license, but not a "master use" license.
SF360 | Article Link
At the beginning of The Royal Tenenbaums, the famous Beatles song “Hey Jude” prominently plays over the opening sequence. Fans of The Beatles will instantly recognize that it’s not Paul McCartney’s voice. It’s a cover version of the song. Did director Wes Anderson think he could improve upon one of the greatest pop songs of all time? Of course not. The reason we hear a different version is simple: He was able to acquire a "synchronization" license, but not a "master use" license.
Monday, March 7, 2011
Peas “Powed” With Double-Punch of Lawsuits
By Keith Hammeran
Fordham Intellectual Property, Media & Entertainment Law Journal
The Black Eyed Peas, the popular hip-hop act behind recent radio smashes “Boom Boom Pow” and “I Gotta Feeling,” may be getting a sinking feeling after being served with a duo of lawsuits accusing the group of copyright infringement. Over the past two years, the Peas have enjoyed massive popular and critical success. “Boom Boom Pow” hit number one on the Billboard Hot 100 in March of 2009 and stayed there for twelve consecutive weeks. The song was then immediately replaced by “Feeling,” which extended the group’s reign on the chart for an unprecedented fourteen additional weeks. To date, “Feeling” has sold more than six million digital copies. It was recently recognized as the top-selling song in digital history.
Music Publishers Settle Copyright-Infringement Lawsuit Against LimeWire
By Don Jeffrey
Bloomberg | Article Link
Music publishers settled their lawsuit against LimeWire LLC, the online file-sharing service found liable last year for copyright infringement in a suit brought by record companies, an industry group said.
“We are pleased that this litigation is over,” the National Music Publishers Association said in an e-mailed statement. “The parties worked hard to achieve a settlement that is a good result for all involved.”
All claims by publishers including Warner Music Group Corp. (WMG) against Lime Wire and its founder, Mark Gorton, are “dismissed,” according to a filing today in federal court in New York. No reason was given in the filing for the dismissal. Each side will pay its own costs of the suit, including attorneys’ fees, according to the document.
Bloomberg | Article Link
Music publishers settled their lawsuit against LimeWire LLC, the online file-sharing service found liable last year for copyright infringement in a suit brought by record companies, an industry group said.
“We are pleased that this litigation is over,” the National Music Publishers Association said in an e-mailed statement. “The parties worked hard to achieve a settlement that is a good result for all involved.”
All claims by publishers including Warner Music Group Corp. (WMG) against Lime Wire and its founder, Mark Gorton, are “dismissed,” according to a filing today in federal court in New York. No reason was given in the filing for the dismissal. Each side will pay its own costs of the suit, including attorneys’ fees, according to the document.
Friday, March 4, 2011
Sofa Entertainment Inc. v. Dodger Productions
By Jennifer Tytel
Fordham Intellectual Property, Media & Entertainment Law Journal
In 2005 the Broadway musical Jersey Boys opened to massive critical acclaim and was later honored at the 2006 Tony Award’s as the year’s best musical. The play told the rags to riches tale of Frankie Valli and The Four Seasons through music, dancing and use of historical footage. Five years after the first curtain opened, the U.S. District Court for the Central District of California held that the unauthorized use of a clip from a television series during a Broadway show is considered a “fair use” of copyrighted work and an affirmative defense to copyright infringement.
Apple Is Said to Negotiate to Allow Unlimited Downloads of Music Purchases
By Adam Satariano & Andy Fixmer
Bloomberg | Article Link
Apple Inc. (AAPL) is in talks with record companies to give iTunes music buyers easier access to their songs on multiple devices, three people with knowledge of the plans said.
Apple is negotiating with music companies, including Vivendi SA (VIV)’s Universal Music Group, Sony Music Entertainment, Warner Music Group Corp. (WMG) and EMI Group Ltd., said the people, who asked for anonymity because the talks are private. An agreement may be announced by midyear, two of the people said.
The arrangement would give users more flexibility in how they access purchased music. Apple and the record labels are eager to maintain demand for digital downloading amid rising popularity for Internet services such as Pandora Media Inc., which don’t sell tracks and instead let users stream songs from the Web, whatever the device.
Bloomberg | Article Link
Apple Inc. (AAPL) is in talks with record companies to give iTunes music buyers easier access to their songs on multiple devices, three people with knowledge of the plans said.
Apple is negotiating with music companies, including Vivendi SA (VIV)’s Universal Music Group, Sony Music Entertainment, Warner Music Group Corp. (WMG) and EMI Group Ltd., said the people, who asked for anonymity because the talks are private. An agreement may be announced by midyear, two of the people said.
The arrangement would give users more flexibility in how they access purchased music. Apple and the record labels are eager to maintain demand for digital downloading amid rising popularity for Internet services such as Pandora Media Inc., which don’t sell tracks and instead let users stream songs from the Web, whatever the device.
$430K Settlement Reached in Love Twitter Lawsuit
Associated Press (Los Angeles) | Article Link
Courtney Love's 140 character Twitter rants against a fashion designer are costing her more than $430,000, an attorney says.
The singer has settled a lawsuit filed by Dawn Simorangkir, who sued the Hole frontwoman in March 2009 accusing her of making false statements about the designer and her past in a series of postings on the microblogging site Twitter and Love's Myspace blog.
The settlement was confirmed by Simorangkir's attorney, Bryan J. Freedman. The designer's label is called Boudoir Queen, and according to her lawsuit, she first came in contact with Love in 2008 and they met in February 2009 in Los Angeles to discuss some custom clothing.
Thursday, March 3, 2011
A History of Comic Book Lawsuits
By Eric Gardner
THR, Esq. | Article Link
We have a couple of recommendations for THR, Esq entertainment law geeks.
Writer Fred Van Lente and artist Ryan Dunlavey at Evil Twin Comics have just released a pretty awesome comic book that details the "incredible, insane true story of the American comic book industry," told, of course, in comic book form, and going into such disputes as whether the Captain Marvel character was an infringement on the Superman character, the legendary legal battle over the control of Howard the Duck, the legal mystery surrounding the creation of Josie and the Pussycats, and Jack Kirby's battles with Marvel over stolen artwork.
Wednesday, March 2, 2011
In Social Media Postings, A Trove for Investigators
By Joseph Goldstein
New York Times | Article Link
First, Facebook helped get Rodney Bradford out of jail; later, it threatened to send him back.
In 2009, the social networking site helped exonerate Mr. Bradford after prosecutors charged him with a robbery in Brooklyn. Mr. Bradford countered that he was at his father’s home in Manhattan at the time. He even had posted a joking complaint on Facebook about breakfast. Subpoenaed records from Facebook backed up Mr. Bradford’s alibi, and the charges against him were dropped.
New York Times | Article Link
First, Facebook helped get Rodney Bradford out of jail; later, it threatened to send him back.
 |
| Part of the final online dialogue between a victim and the woman accused in her death. About a day later, they met in person. |
In 2009, the social networking site helped exonerate Mr. Bradford after prosecutors charged him with a robbery in Brooklyn. Mr. Bradford countered that he was at his father’s home in Manhattan at the time. He even had posted a joking complaint on Facebook about breakfast. Subpoenaed records from Facebook backed up Mr. Bradford’s alibi, and the charges against him were dropped.
Gamers Get Busted: 3 Starcraft II Players Sued For Selling Cheat Programs
By Christian Levis
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Blizzard Entertainment, maker of various popular computer games, filed suit in the Central District of California recently against three users who made and sold “hacks” to their latest creation, Starcraft II. The lawsuit was filed shortly after Blizzard banned at least 5,000 gamers from the game in mid-September for using such programs. The hacks at issue are essentially fancier cheat codes that allow users to gain an advantage in the game. However, unlike authorized cheat codes created by the manufacturer, “[w]hen users of the Hacks download, install, and use the Hacks, they copy StarCraft II copyrighted content into their computer’s RAM in excess of the scope of their limited license, as set forth in the [End User License Agreement] and [Terms of Use], and create derivative works of StarCraft II.” In addition to copyright infringement theories, Blizzard argues that the cheat codes are harmful because they cause irreparable harm to the experience of legitimate gamers, limiting the future sales of “add on packs” due to dissatisfaction. The hacks may also cause a physical problem as well, inducing stability and performance issues on the servers that host actual game play.
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink
Blizzard Entertainment, maker of various popular computer games, filed suit in the Central District of California recently against three users who made and sold “hacks” to their latest creation, Starcraft II. The lawsuit was filed shortly after Blizzard banned at least 5,000 gamers from the game in mid-September for using such programs. The hacks at issue are essentially fancier cheat codes that allow users to gain an advantage in the game. However, unlike authorized cheat codes created by the manufacturer, “[w]hen users of the Hacks download, install, and use the Hacks, they copy StarCraft II copyrighted content into their computer’s RAM in excess of the scope of their limited license, as set forth in the [End User License Agreement] and [Terms of Use], and create derivative works of StarCraft II.” In addition to copyright infringement theories, Blizzard argues that the cheat codes are harmful because they cause irreparable harm to the experience of legitimate gamers, limiting the future sales of “add on packs” due to dissatisfaction. The hacks may also cause a physical problem as well, inducing stability and performance issues on the servers that host actual game play.
Tuesday, March 1, 2011
Former Sen. Chris Dodd Named MPAA Chief
By David Cravets
Wired | Article Link
Christopher Dodd, the former five-term Democratic senator from Connecticut, was named Tuesday to head the Motion Picture Association of America.
Dodd, who just retired after declining to run for a sixth Senate term, replaces Bob Pisano, the lobbying group’s interim chief since April. Pisano has been warming the chair of the retiring Dan Glickman, also a former senator as well as U.S. agriculture secretary.
Dodd said piracy would be a chief concern.
Wired | Article Link
 |
| Then-Sen. Christopher Dodd (D-Connecticut) looks over his farewell speech in his office on Capitol Hill in Washington in November 2010. |
Dodd, who just retired after declining to run for a sixth Senate term, replaces Bob Pisano, the lobbying group’s interim chief since April. Pisano has been warming the chair of the retiring Dan Glickman, also a former senator as well as U.S. agriculture secretary.
Dodd said piracy would be a chief concern.
.torrent = .crime
By Terry Hart
Copyhype | Article Link
I sometimes see the phrase “.torrent = .crime” used online in discussions about enforcing copyright online. It is considered by copyright critics as a dig against efforts to enforce the widespread copyright infringement occurring within the bittorrent ecosystem1 — the idea being that content producers have mistakenly declared torrent technology categorically unlawful.
Most recently, it has popped up in response to the US government’s seizure of domain names as part of Operation in Our Sites. A number of the sites targeted were part of the bittorrent ecosystem, like meta-search engine Torrent Finder. And with the pending appeal of Isohunt in the Ninth Circuit, the meme will likely persist — the torrent search engine’s appellate brief devotes considerable space to rebutting the association between torrents and infringement. Proponents of the meme believe the association is unfair and are quick to point out the many legitimate uses of the bittorrent protocol as evidence.
Copyhype | Article Link
I sometimes see the phrase “.torrent = .crime” used online in discussions about enforcing copyright online. It is considered by copyright critics as a dig against efforts to enforce the widespread copyright infringement occurring within the bittorrent ecosystem1 — the idea being that content producers have mistakenly declared torrent technology categorically unlawful.
Most recently, it has popped up in response to the US government’s seizure of domain names as part of Operation in Our Sites. A number of the sites targeted were part of the bittorrent ecosystem, like meta-search engine Torrent Finder. And with the pending appeal of Isohunt in the Ninth Circuit, the meme will likely persist — the torrent search engine’s appellate brief devotes considerable space to rebutting the association between torrents and infringement. Proponents of the meme believe the association is unfair and are quick to point out the many legitimate uses of the bittorrent protocol as evidence.
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