Piracy May Be An Indie Filmmaker’s Best Friend

By Anthony Kaufman

Indiewire | Article Link

Piracy might be a filmmaker’s best friend. Or at least not the worst enemy.

Despite the conventional wisdom that BitTorrent websites and illegal downloading are destroying the fabric of entertainment industries, a number of advocates and activists believe that piracy can help independent filmmakers as both a distribution mechanism and promotional tool.

Revenue generation may be another matter, but as “Ink” producer Kiowa Winans says, “The torrent community spread the film everywhere and helped build an audience more effectively than any decent-budget ad campaign could have.”

Viacom and Google Pick Up the Gloves, Again

By Peter Kafka
AllThingsD | Article Link

[Image credit: Sweetheart/Shutterstock]

They’re back!

Viacom and Google, who have been tangling over copyright violations at YouTube since 2007, will be at it again today at a federal courthouse in New York. The two sides will start oral arguments for Viacom’s appeal of the case, which Google won decisively in a 2010 ruling.

In the past both sides have tried digging up evidence to discredit each others’ argument, and while both came up with plenty of embarrassing stuff, they couldn’t find a smoking gun.

Top 10 Most Pirated Movies of All Time

By Ernesto
TorrentFreak | Article Link

Netflix recently published a list of the ten most rented movies of all time. This got us thinking; what are the most downloaded movies on BitTorrent? Today we present the full chart of the top ten most pirated movies transferred via the now ubiquitous protocol, a list headed by Avatar.

Every day millions of people use BitTorrent to download and share movies. But what are all these people downloading?

For nearly half a decade we have compiled weekly and yearly lists of the most popular downloads, and following on from Netflix’s publication of the most rented movies of all time, we today present the equivalent for BitTorrent downloads.

US Signs ACTA

By David Kravets
ArsTechnica | Article Link

The United States, Australia, Canada, Japan, Morocco, New Zealand, Singapore, and South Korea signed the Anti-Counterfeiting Trade Agreement on Saturday, an accord targeting intellectual property piracy.

Copyright Director, Congressman Put Onus on Private Sector to Solve Digital Crisis

By Greg Kot

Chicago Tribune | Article Link

WASHINGTON, D.C. -- Don't hold your breath waiting for an overhaul of U.S. copyright law to reflect the massive  changes the Internet has ignited in the way consumers access music.

In a keynote speech delivered Monday at the Future of Music Summit, U.S. Rep. Bob Goodlatte (R, Va.), a member of the House Judiciary Committee and co-chair of the Congressional Internet Caucus, said Congress won't "wipe the slate clean" to address how digital culture has made it easier than ever to distribute, copy, share and reconfigure music, movies, books and other creative works.

Both he and Maria Pallante, the register of copyrights and director of the U.S. Copyright Office, emphasized that the government is not eager to prosecute consumers for infringing activity in the privacy of their homes unless it's particularly egregious. Instead, they focused on a balanced, steady approach to monitoring illegal file-sharing and cracking down on rogue Web sites, most with offshore locations, that profit from contraband digital files.

Verizon Sues FCC Over Net Neutrality Rules

By Cecilia Kang
The Washington Post | Article Link

Verizon Communications on Friday sued the Federal Communications Commission to overturn controversial net neutrality rules, saying the regulations are too stringent and go beyond the agency’s authority.

In an ironic twist, the suit comes after a separate legal challenge by Free Press this week that says the rules don’t go far enough to protect wireless customers.

The opposition to the FCC rules portends lengthy legal battles for the agency as it tries to put into effect regulatory goals for the Internet at a time when phone and cable companies are transitioning into broadband services.

In its filing at the U.S. District Court of Appeals for the District of Columbia, Verizon said the rules are illegal.

Social Media and its Impact on High-Profile Death Penalty Cases

By Hannah Furst
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

Days before his execution, Troy Davis’s guilt is questioned.

In this era, it is impossible to oversee the overwhelming support generated by social media and the far-reaching impact of open media.

Fox, NBC Agree to End 'American Idol,' 'Deal or No Deal' Lotteries

By Eriq Gardner
THR, Esq. | Article Link

Media companies strike an agreement to resolve class action litigation over text message games run for 'American Idol' and 'Deal or No Deal.' Settlement includes five-year injunction and millions of dollars in pay-outs to contestants and the class action lawyers.

Don't count on seeing any cheesy viewer text message contests on TV anytime soon.

NBC, Fox, and many of the production companies behind some of the most successful reality TV competition shows have agreed to an extraordinary five-year injunction that will prohibit them from operating any contest or sweepstakes where viewers make a submission via text message for the possibility of winning a prize.

Court Case Asks if ‘Big Brother’ Is Spelled GPS

By Adam Liptak
New York Times | Article Link

WASHINGTON — The precedent is novel. More precisely, the precedent is a novel.

In a series of rulings on the use of satellites and cellphones to track criminal suspects, judges around the country have been citing George Orwell’s “1984” to sound an alarm. They say the Fourth Amendment’s promise of protection from government invasion of privacy is in danger of being replaced by the futuristic surveillance state Orwell described.

In April, Judge Diane P. Wood of the federal appeals court in Chicago wrote that surveillance using global positioning system devices would “make the system that George Orwell depicted in his famous novel, ‘1984,’ seem clumsy.” In a similar case last year, Chief Judge Alex Kozinski of the federal appeals court in San Francisco wrote that “1984 may have come a bit later than predicted, but it’s here at last.”

Tech Execs Should Read the PROTECT IP Act Before Attacking It

By Alex Swartsel
MPAA Blog | Article Link

There’s a theme in the series of letters that we’ve seen so far from collections of people opposed to the PROTECT IP Act, including today’s message from tech executives: they convey sweeping, generic concerns that, compared with the actual language of the bill, seem completely unfounded.

Today’s letter announces: “[W]e fear that if PIPA is allowed to become law in its present form, it will hurt economic growth and chill innovation in legitimate services that help people create, communicate, and make money online. … the bill will create uncertainty for many legitimate businesses and in turn undermine innovation and creativity on those services.”

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.

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.

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.

Is Netflix Reducing Illicit File Sharing? Depends on Which Stats You Believe

By Ryan Singel
Wired | Article Link

Arbor Networks's traffic analysis of IPv4 applications based on payload analysis in a small number of North American consumer providers from August 2010 to February 2011. Courtesy Arbor Networks.

Netflix, the DVD-by-mail company that turned into a streaming-movie giant, now has nearly as many subscribers as Comcast. In the evenings, Netflix accounts for more than 40 percent of U.S. bandwidth usage, by some measurements.

Those astounding numbers are leading some to wonder whether Netflix is reducing the amount of peer-to-peer file sharing, once the easiest way to find movies to watch.

Sony Faces Lawsuit, Regulators’ Scrutiny Over PlayStation Breach

By Cliff Edwards, Karen Gullo & Michael Riley
Bloomberg | Article Link

The Sony intrusion is the latest in a series
of high-profile online security breaches
in which customer data has been stolen.
Photographer: Robert Gilhooly/Bloomberg

Sony Corp. (SNE)’s network entertainment unit faced a legal and regulatory backlash over delays in telling 77 million subscribers that their personal account data may have been stolen by a hacker.

A lawsuit filed yesterday in federal court in San Francisco alleges the delay left PlayStation console users exposed to losses related to any credit-card data theft. Officials in Connecticut, the U.K. and Ireland began inquiries.

See also: Playstation Network Hack: Who Did It? (Wired) 

Apple Reportedly Signs Licenses with Major Music Labels for iTunes Streaming

By Josh Ong
AppleInsider | Article Link

A new report claims that Apple has succeeded in procuring deals with at least two of the four big music labels in the last two months, possibly signaling that the rumored iTunes streaming music service is imminent.

Peter Kafka of All Things Digital reported Thursday that Apple is "actively seeking licenses" for a new cloud-based music locker service and is willing to pay labels for the privilege.

According to Kafka's sources, Apple has inked deals with two of the for major labels, which include Universal Music Group, Warner Music Group, Sony and EMI within the last two months. One source claimed Apple VP Eddy Cue will be in New York on Friday in an attempt to solidify remaining deals.