Algorithms: New Content Creators are Redefining Fair Use

A debate was sparked recently when a photographer sued BuzzFeed over the use of unlicensed images and BuzzFeed’s claims of fair use. A problematic issue is that in many instances, there are no actual human artists, writers, or editors creating what is seen online. When a search, automated process, or algorithm collects images, it falls under a copyright loophole. But fair use tools can be made in order to allow free content or maintain exclusivity. Continue reading Algorithms: New Content Creators are Redefining Fair Use

Viacom Takes New Tack in its Copyright Battle with YouTube

Viacom is continuing its battle with YouTube over issues of copyright infringement. After two failed attempts to resolve the long-running dispute, Viacom has filed with the Second Circuit Court of Appeals, requesting another opportunity to explain its argument against the Google subsidiary. In addition, Viacom questioned the court’s interpretation of the Digital Millennium Copyright Act and has made a formal request that the judge who presided over the most recent ruling be replaced. Continue reading Viacom Takes New Tack in its Copyright Battle with YouTube

Will Proposed DRM Framework Keep the Web Relevant?

The World Wide Web Consortium published a working draft last week for Encrypted Media Extensions (EME), which is a proposed framework that enables delivery of DRM-protected media content via browsers without using plugins such as Flash or Silverlight. While the announcement has met with sharp criticism from groups including the Electronic Frontier Foundation and the Free Software Foundation, Ars Technica suggests the framework will help keep the Web relevant. Continue reading Will Proposed DRM Framework Keep the Web Relevant?

Federal Court Sides with Google in YouTube Copyright Case

A federal judge in New York has ruled in favor of Google’s YouTube in the ongoing $1 billion copyright infringement suit initiated by Viacom. The judge ruled that the video website did not violate copyright, despite its users posting unauthorized video clips from some of the TV giant’s top shows. Viacom first filed the suit in 2007, and the case has been closely watched by those concerned with content distribution and digital disruption. Continue reading Federal Court Sides with Google in YouTube Copyright Case

President and FCC Back Consumer Right to Unlock Phones

According to the Obama administration and the Federal Communications Commission, customers should be able to switch cellular carriers and keep their own phones while doing so. With that support, it could soon be easier for consumers to take advantage of lower rates from competing carriers once the initial contract is fulfilled, and could also mean more price competition and added choices for cellphone users. Continue reading President and FCC Back Consumer Right to Unlock Phones

Copyright Alert System: ISPs Join Effort to Curb Media Piracy

A group of Internet service providers including AT&T, Cablevision, Time Warner, Verizon and Comcast have teamed together to join a coordinated effort to address the ongoing problem of subscribers illegally downloading entertainment media such as movies, TV shows and music. The ISPs are implementing an alerts system based on “six strikes” that carry tiered degrees of penalty for their subscribers who choose to illegally access media. Continue reading Copyright Alert System: ISPs Join Effort to Curb Media Piracy

Petition Hopes to Make Unlocking Cell Phones Legal Again

An online petition to the White House regarding the locking of mobile phones has gathered more than 100,000 signatures, the milestone at which the U.S. government is required to issue an official response. The petition is intended to make unlocking phones legal again. The signature-gathering campaign has largely generated followers via social networks including Twitter and Reddit. Continue reading Petition Hopes to Make Unlocking Cell Phones Legal Again

Google Algorithm Change Not Effective, According to RIAA

According to the Recording Industry Association of America (RIAA), the change to Google’s algorithm, which is designed to takes sites with higher rates of copyright-infringed material and give them a lower search rating is not helping ongoing piracy problems. A new report from the RIAA notes that none of the sites were demoted in a significant way and search results were nearly unaffected. Continue reading Google Algorithm Change Not Effective, According to RIAA

U.S. Copyright Office Says it is Illegal to Unlock Phones

It is now illegal for U.S. customers to unlock phones to enable them to work on different networks. “The U.S. Copyright Office is no longer granting unlocking an exemption to the Digital Millennium Copyright Act. The DMCA makes it illegal to ‘circumvent a technological measure that effectively controls access’ to copyrighted material, in this case software embedded in phones that controls carrier access,” explains Wired. Continue reading U.S. Copyright Office Says it is Illegal to Unlock Phones

Editorials Respond to Proposed Legislation Regarding Online Piracy

  • According to an editorial in The New York Times, the House’s proposed Stop Online Piracy Act is too broad as it has provisions to cut off payments from providers such as Visa and ad networks like Google simply by filing a notice of infringement.
  • While the legislation is aimed at foreign websites like Pirate Bay, it could also be used against domestic websites covered by the Digital Milennium Copyright Act that has safe harbor provisions.
  • The editorial asserts that safe harbor provisions should be made available to foreign websites that abide by the DMCA. And a court order should be required before action is taken.
  • A related Los Angeles Times editorial suggests that the Stop Online Piracy Act and the PROTECT IP Act both go to extremes in an effort to protect intellectual property.
  • The legislation could force companies to monitor their users’ behavior “turning them into a private security force for copyright and trademark owners.”
  • Infringement on popular sites like Facebook, Dropbox and YouTube are certainly opening them up to action in spite of safe harbor provisions now in force. The result would be less innovation to create the next YouTube and would have a potentially chilling effect on free speech.

Federal Ruling on Cloud Music: Happy Days for Apple, Google and Amazon

  • A federal judge has ruled that online music services that host tracks in the cloud are not liable if that music has been acquired illegally by customers. ETCentric reported earlier this week that this may seem like a hollow victory for the record labels. However, a green light for online music locker services also provides some legal certainty for the likes of Apple, Google and Amazon.
  • “The judgement, by U.S. District Judge William Pauley, came in a case involving EMI and fourteen other record companies and music publishers, who had sued the service MP3tunes,” reports MacUser. “Judge Pauley explained that MP3tunes and its chief executive, Michael Robertson, had not breached the Digital Millennium Copyright Act (DMCA) in allowing downloads.”
  • “This is a huge victory. Users can still download songs from publicly available websites, and store them without a separate license fee, so long as MP3tunes complies with takedown notices,” says Greg Gulia, representing MP3tunes and Robertson.
  • This ruling should also come as good news to those companies investing in cloud-based music services. For example, Apple’s iTunes Match is due in the U.S. later this year. According to MacUser: “It will scan users’ iTunes libraries and allow them to access versions of tracks in their library, but not purchased from iTunes, online in iCloud. Tracks purchased in iTunes are automatically available to computers and mobile devices associated with an iTunes account. If no match is found, users will be able to upload the track themselves.”

Judge Rules Against MP3tunes: Hollow Victory for Record Labels?

  • While a judge has ruled against MP3tunes and founder, Michael Robertson, for copyright infringement, the details of the ruling may provide online music locker businesses like those from Google and Amazon with a better legal foundation.
  • A key finding is that users, not MP3tunes, had the ability to determine which files were placed in their lockers.
  • Also, it was determined that DMCA does not require one to investigate potentially infringing activity without a specific complaint from copyright holders.
  • “The news is even better for Google and Amazon,” according to Ars Technica. “Those companies’ music locker services do not even offer the broad sideloading functionality that has caused Robertson legal headaches. So if Judge Pauley’s reasoning survives appeal, Google and Amazon will be on solid legal ground. Indeed, those companies may even want to start thinking about whether they’ve been too cautious. For example, they might save a lot of money by taking advantage of the deduplication part of the ruling.”