On the Spot Object: 3D Printing and the Intersection of Intellectual Property

By Karen Muiter
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Link

In the future, it may be common to “print” an actual physical object, like a customized piece of jewelry or a replacement part for a bicycle, from a 3D printer in your home garage. Surprised? It may come sooner than you think – and there are intellectual property issues that abound.

Copyright Infringement and Theft – The Difference

By Ben Jones
TorrentFreak | Article Link

A common recurring theme in the comments here on TorrentFreak is that P2P file-sharing is ‘stealing’. While such sentiments are often expressed by the industry lobby groups, it’s completely at odds with the law. It could also be the very LAST thing those bodies want.

We get a lot of comments on articles from people saying things like “Yeah, it’s stealing. Just embrace it already” or “Good excuse to steal right?.”

There are editorials in mainstream newspapers that say “Such theft costs the copyright- or trademark-holders billions of dollars each year.”

Trademark Holders Face an Explicit Problem With .XXX Web Domain

By Brian Glaser
Corporate Counsel | Article Link

The keepers of corporate trademarks in many a law department are going to need to have an unusual conversation in the next few weeks: "What should we do about the .xxx domain?"

As ICANN's expansion of generic top-level internet domains (gTLD) goes into effect, one of the first eye-catching gTLDs to take the stage is the clearly defined .xxx, which will be available to companies specializing in "adult entertainment." In other words, pornography is about to get its own corner of the Internet.

So what does this mean for non-porn businesses on the web? "Brand owners are faced with the same situation they face whenever a new domain name ending comes out," says Troy Larson, an IP associate at Ballard Spahr LLP in Philadelphia. "How do I make sure cybersquatters don't register my brand as a domain name and then use it for a nefarious purpose, or just some purpose that creates confusion?"

Music Biz Runs for Cloud Cover

By Chris Morris
Variety | Article Link

Just eight years after the music industry experienced one of the most radical shifts in its history, it's finding itself on the verge of yet another revolution.

The launch of iTunes in April 2003 certainly didn't introduce digital downloads to consumers (Napster and countless other illegal download sites were thriving at the time), but it legitimized the distribution method and made it profitable for artists and labels. Now Apple -- and a host of other companies -- are hoping customers are willing to walk away entirely from physically owning the music in their collection in favor of the cloud.

Pandora Faces Music After Big IPO, Spotify Rivalry

By Mark Walsh
MediaPost | Article Link

Internet radio service Pandora enjoyed a splashy IPO in June, raising nearly $235 million selling shares at $16 apiece. Investors bet big on the digital music startup, despite its lack of profits. Since then, stock markets have gyrated wildly on fears of a double-dip recession and Pandora rival Spotify has made its long-awaited entrance in the U.S. market.

Those factors have contributed to Pandora's stock price sliding back to $12 a share lately, amid fresh concerns about its ad-supported business model as the company prepares to report its first quarterly earnings as a public company on Thursday. Since consumer usage of Pandora is shifting increasingly to mobile, much of investor and analyst scrutiny is focused on how well it will be able to monetize that channel via advertising.

Win, Lose, or Draw? Mixed Bag in Capitol v. MP3Tunes Decision

By Terry Hart
Copyhype | Article Link

Yesterday’s court opinion from the record labels’ lawsuit against “online music entrepreneur familiar with high-stakes copyright litigation” Michael Robertson’s latest venture is a mixed bag — no big win for either side, though plenty of little items of interest. 

Capitol Records v. MP3Tunes, Memorandum and Order, No. 07 Civ. 9931 (SDNY Aug. 22, 2011).

Background on MP3Tunes and this litigation:

• Billboard
• Ars Technica
• Digital Music News
• Wired has two articles

Here’s a quick rundown of the court’s holdings on the cross-motions for summary judgment:

Internet Theft is a Job-Killer, Too

By Don Henley
USA Today | Article Link

If there is any question about the need for the United States to crack down on foreign websites engaged in criminal commerce, one need only enter keywords such as "MP3," "DVDScreener," or "Oxycontin" into popular search engines and scroll through the countless pages of site listings and sponsored ads.

These listings feature everything from illegal copies of American art and entertainment products to adulterated baby formulas, counterfeit toothpaste containing chemicals found in anti-freeze, and phony medications, including those used to treat high blood pressure and mental illness.

Anonymous Speech in the Internet Age: The Good, the Bad, and the Uncertainty…

By Elizabeth Morris
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

Have you ever wanted to post bad reviews of a restaurant, but been afraid the restaurant would find out it was you and spit in your food if you decided to give it a second chance? Exactly how anonymous are anonymous postings? Unfortunately for you, it’s likely that a court might say they are hardly anonymous at all. In In re Anonymous Online Speakers, the Ninth Circuit held that the identity of anonymous posters is only afforded limited protection in the context of commercial speech (as opposed to political or religious speech).[1] While the court acknowledged the right to a “robust exchange of ideas” through anonymous Internet speech, it also acknowledged the need to protect businesses from malicious speech. To protect businesses from such defamatory attacks, the Ninth Circuit limited freedom of speech for cases in which comments are potentially harmful to businesses.

Facebook Posting and its Implications on Job Security

By Raquel Goldstein
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

When Facebook originated, it was a web site created for college students to interact with one another. However, as Facebook began to grow in popularity and additional applications became available to interface with it, the individuals permitted to create an account were no longer limited by an .edu email address indicative of a college student, and potential privacy issues have evolved and expanded. Making the decision to post a comment or a picture on Facebook in order to share with friends and family may now result in negative ramifications on a user’s career and personal life.

The Beginning of the End: The Rise of Custom Domain Names

By David Fernandez
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

The way we navigate the Internet is on the verge of a subtle, but widespread transformation.  The familiar domain suffixes, such as .com and .edu, will soon have to contend with a variety of new, subject specific domain names, such as .god or .music.  The Internet Corporation for Assigned Names and Numbers (ICANN), the small non-profit group in California that will deal out these new domain names, will soon begin selling-off the most coveted new suffixes to qualified candidates.  A fight for ownership of the most coveted domain names, such as .eco (for eco-friendly websites) and .gay, will be the new battleground for Internet supremacy.  The high cost for applying for one of these new domain names, $185,000 for the application plus an annual $25,000 fee, ensures that only those applicants with strong financial backing will be able to take part in the bidding war.  Those successful applicants can re-sell the domain names for $6-$50 to firms, such as GoDaddy.com, who then re-sell them to the public at a higher price.  Generic domain names, such as .sport and .music, could be very lucrative to their owners.  However, controversy could arrive when applicants share a common word in opposite sides of a dispute.

Illegal Downloading: When Has the Crackdown Gone Too Far?

By Elizabeth Morris
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

College students love music and movies, but they don’t always have the time or the financial means to feed their entertainment interests.  Illegal file sharing allows them to download the entertainment they love quickly and easily, without the cost. It is especially prevalent among students on college campuses because of the high-speed Internet access provided by the schools, and the typical low regulation of Internet usage. These factors make it so easy for students to share files that most students don’t even think they are doing anything wrong. How could something that is this easy be illegal, right?