tagged w/ Copyright
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"Microsoft lost a patent infringement suit against XML specialists i4i back in May when it was found that Word's handling of .xml, .docx, and .docm files infringed upon i4i's patented XML handling algorithms, but the injunction against further Word sales was put on hold pending the results of this appeal."
They just lost that appeal. Full story at Engadget...
http://www.engadget.com/2009/12/22/microsoft-loses-patent-appeal-word-and-office-to-be-barred-from/"Microsoft lost a patent infringement suit against XML specialists i4i back in... more
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Microsoft infringed upon a patent, so it is prohibited from selling MS Word after January 11.Microsoft infringed upon a patent, so it is prohibited from selling MS Word after... more
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Recently News Corp boss Rupert Murdoch had blamed Google for stealing content from them and now Google’s Book project has received a major setback in a legal battle. A Paris court has found Google Inc guilty of breaking copyright laws of France by digitizing thousands of French books.
http://techdusts.com/2009/12/20/google-book-fined-france-copyright-violations/Recently News Corp boss Rupert Murdoch had blamed Google for stealing content from... more
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in an interesting turn of events.
By Jacqui Cheng | Last updated December 7, 2009 12:51 PM
Given how aggressively the recording industry likes to pursue file sharers, one would assume that the industry itself is in the clear when it comes to copyright infringement. But that assumption has been put to the test in Canada, where a massive infringement lawsuit is brewing against some major players. Members of the Canadian Recording Industry Association, including the Big Four (Warner Music Canada, Sony BMG Music Canada, EMI Music Canada, and Universal Music Canada), face the prospect of damages ranging from $50 million up to $6 billion due to their use of artists' music without permission. That's right: $6 billion.
(later in the article)
The plaintiffs also show that they are painfully aware of the hypocritical stance the industry has taken in regard to copyright abuse. One part of the complaint says the companies have shown "reckless, high-handed and arrogant conduct aggravated by their clandestine disregard for the copyright interests of the class members in contrast to their strict compliance enforcement policy and unremitting approach to consumers in the protection of their corporate copyright interests." Ouch.in an interesting turn of events.
By Jacqui Cheng | Last updated December 7, 2009... more
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Welcome to Techworld's tour of the top tech tales of 2009. Feast your peepers on the delights on display.Welcome to Techworld's tour of the top tech tales of 2009. Feast your peepers on... more
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No, it's not what you think: a swash-buckling extra-legal pirate hunter with a musket, a clipper ship and letters of mark stalking the coasts of Somalia. It's about copyright piracy. And it's kind of sinister.
The British Secretary of State is proposing legislation that would give his position the ability to create anti-piracy legislation without Parliamentary debate. The goal is to crack down on copyright infringement in a big way.
Cory Doctorow at Boing-Boing broke the story:
"This is as bad as I've ever seen, folks. It's a declaration of war by the entertainment industry and their captured regulators against the principles of free speech, privacy, freedom of assembly, the presumption of innocence, and competition. This proposal creates the office of Pirate-Finder General, with unlimited power to appoint militias who are above the law, who can pry into every corner of your life, who can disconnect you from your family, job, education and government, who can fine you or put you in jail."
This comes as some see the music industry starting to recover from a hard decade of battling piracy. The Economist wrote last week that though sales across the industry are down a third, the music business is adapting successfully. And moving beyond suing the pants of off random downloaders. Viacom's chief counsel told a group of Yale law students that suing P2P users "felt like terrorism".
Well it certainly seems like the Brits are gearing up for the sort of extralegal powers we're used to over here with our War on Terror. ...But...wait...that's backward...the terrorists are....the lawyers? Ah, somebody'll figure it out.
FROM THE NEWS BLOG: http://blogs.current.com/news/2009/11/19/uk-considers-pirate-finder-general/
SOURCES: http://www.boingboing.net/2009/11/19/breaking-leaked-uk-g.html
http://www.economist.com/businessfinance/displaystory.cfm?story_id=14845087
http://arstechnica.com/tech-policy/news/2009/11/viacoms-top-lawyer-suing-p2p-users-felt-like-terrorism.arsNo, it's not what you think: a swash-buckling extra-legal pirate hunter with a... more
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With the Lisbon Treaty being signed by all European Union member states, the Pirate Party has gained another seat in the European Parliament. The second Pirate Party seat will be occupied by the 22 year old Amelia Andersdotter, who will become the youngest Member of the European Parliament.
http://torrentfreak.com/pirate-party-gets-second-seat-in-european-parliament-091104/With the Lisbon Treaty being signed by all European Union member states, the Pirate... more
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A new blog is officially online for discussing music on the Web, with debates on payments to artists and issues related to copyright.
It’s called a2f2a (artists to fans to artists), and here’s the mission statement as stated on the blog page:
to help each community better understand the other...
(continue....)A new blog is officially online for discussing music on the Web, with debates on... more
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A criminal investigation has been launched against senior executives of YouTube and parent company Google in Hamburg, Germany, over allegations of copyright infringement, according to media reports from that country. The case started after a complaint by German music rights holders; Hamburg’s prosecutor has formally requested assistance from U.S. colleagues to compel YouTube to produce log files identifying who uploaded as well as who viewed 500 specific videos.A criminal investigation has been launched against senior executives of YouTube and... more
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Check out these top 10 plagiarism scandals of all time that have affected some of the world’s most illustrious publications and individuals.Check out these top 10 plagiarism scandals of all time that have affected some of the... more
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An assistant at a grocery store in Clackmannanshire, Scotland, was ordered by the Performing Right Society (PRS) to obtain a performer's license and to pay royalties because she was informally singing popular songs while stocking groceries. The PRS later backed down and apologized. This after the same store had turned off the radio after a warning from the PRS. We have entered an era where music is no longer an art for all to enjoy, but rather a form of private property that must be regulated and taxed like alcohol. "Music to the ears" has become 'dollars in the bankAn assistant at a grocery store in Clackmannanshire, Scotland, was ordered by the... more
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For all or you budding film makers this is the article for you to read now, before you have a day in court.For all or you budding film makers this is the article for you to read now, before you... more
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"Listen Beyonce, I'm a let you finish.. You had one of the best videos of all time. But at least Taylor Swift writes all of the songs that she claims to write.."
I have always been a fan of Destiny's Child and the solo pieces from each of the remaining three members. It has been a beautiful thing to watch over the last decade. I love watching people Horatio Alger their way to success. It is the American Dream. I enjoy watching others achieve it while I am still on my way up. But I have definitely also been a hater of Beyonce, the person. She has great media training but there is something about 'the real her' that 'really' annoys me. That aside, I have never been able to deny that she is a very talented young woman. She has a beautiful voice and her songwriting credits are extensive. So I'm a lover and a hater.
Now, let us find out that SonyBMG has been involved in some old-fashioned corporate thuggery, hacking an indie artists computer and stealing music and video treatments from independent artists and passing the content on to artists signed to the major label. Madonna and Beyonce are two of the biggest players in the music industry and have been involved with this type of claim this entire decade, although major media outlets have barely reported on the matter. I knew that there was something funny about Beyonce and I feel like my intense hate has been vindicated. She and her former-manager/father, Matthew Knowles, have been taking a lot of credit for the hard work of others in the music industry. They have been wildly successful, that is for certain. But as with all major wealth, to acquire the multi-million dollar fortunes the old saying goes: "If you ain't cheatin', you ain't tryin'."
http://www.judiciaryreport.com/butt_shaking_beyonce_strikes_again.htm
Accessing unreleased copyrights on a private, protected computer, then using it to enrich yourself to the tune of millions, constitutes:
Felony hacking (you commission or participate in a crime, you did it)
Copyright infringement
Criminal copyright infringement
Fraud
Grand theft larceny
Violation of the Computer Abuse Act
Violation of the Digital Millennium Act
Violations of the RICO Act
Money Laundering
Conspiracy
I understand artistic license and being inspired by another artist, etc. The problem lies when one passes the ideas on as their own without giving proper credit where it is due. Knowles has 'forgotten' to pay the Wilhwlmina Artist Management $88,000 for brokering her $900,000 L'Oreal contract in April 2001. Knowles and family gave Greg Walker of Icon Entertainment the slip to the tune of $25,000 for his services rendered in brokering the $15,000,000 fashion deal for the House of Dereon in 2004. She has publicly claimed to have written "Crazy in Love" and "Irreplaceable," though they were actually written by their respective producers Greg Harrison and Ne-yo. Fans may also be saddened to hear of the ongoing litigation involving such hits as "Survivor", "Baby Boy", and "Independent Women." It should be noted that Beyonce fired her father from her manager position back in 2007 and Destiny's Child member Kelly Rowland followed suit in January 2009. Millions of dollars in royalties are deserving of the plaintiffs, independent artists doing just that: creating art. But decide for yourself.
Blogs and the internets have tried their best to disseminate the message but we all know how easy it is to discredit independent news outlets, especially weblogs."Listen Beyonce, I'm a let you finish.. You had one of the best videos of... more
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Driven by increased crackdowns on BitTorrent sites such as The Pirate Bay, software pirates are fast moving their warez to file hosting websites.Driven by increased crackdowns on BitTorrent sites such as The Pirate Bay, software... more
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Exploiting fear of legal action can bring unexpected riches
In a somewhat cynical table-turning exercise, a German anti-piracy body seems to be encouraging illegal downloading of music and other media in an effort to strong-arm money out of lawbreakers.
DigiRights Solutions (DRS) from Darmstadt has circulated a presentation to potential clients explaining how they might make more money by pursuing illegal filesharers than from regular, legal sales.
No questions asked
The key to the DRS strategy is a previously unknown figure suggesting 25 per cent of people who receive a letter threatening legal action prefer to just pay the settlement fee without question.
As copyright holders in the DRS model get €90 (£84) of the €450 (£418) damages charge per offense, that can be up to 150 times what a legal download brings in.
Lily Allen take note!!!!!Exploiting fear of legal action can bring unexpected riches
In a somewhat cynical... more
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Unlike most people might think, piracy is not necessarily a bad thing for copyright holders. In fact, German pirate-tracking outfit DigiRights Solutions shows that copyright holders can earn 150 times more money from illicit downloads than from iTunes and other legal stores.Unlike most people might think, piracy is not necessarily a bad thing for copyright... more
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A Seattle judge ruled in favor of a man arguing that he has the right to sell secondhand software, in a case that had some people worried about an end to used book and CD stores.
The suit was initially filed by Timothy Vernor after eBay, responding to requests by Autodesk, removed the Autocad software that Vernor was trying to sell on the auction site. eBay later banned Vernor from the site, based on Autodesk's complaints.
Vernor argued that since he was selling legitimate versions of the software, not illegal copies, he hadn't violated any laws.A Seattle judge ruled in favor of a man arguing that he has the right to sell... more
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A judge Tuesday heard arguments in a dispute over software sales that could potentially have repercussions on the secondhand sale of virtually any copyright material.
The suit was filed by Timothy Vernor, a seller on eBay, after Autodesk, citing the Digital Millennium Copyright Act, asked eBay to remove some of its software products that Vernor had listed for sale there, and later to ban him from the site.A judge Tuesday heard arguments in a dispute over software sales that could... more
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Google and Amazon: Making Theft and Price-Fixing the Legal Default
By Alex Green
For the first time in American history, a single corporation is attempting to gain full ownership of an extraordinary number of books printed during the last century, effectively controlling their dissemination by default without the consent of those who still hold valid copyrights. In early September authors and their representatives ran out of time to invoke ownership of their own writing and opt out of a legally questionable settlement. The settlement, which is pending in federal court, reveals Google Inc.'s unprecedented attempt to invert the United States copyright structure and monopolize control of a huge swath of intellectual property.
The current agreement, reached in 2008 between Google, The Authors Guild of America, and the Association of American Publishers has touched off the most vociferous public battle between technology companies since the inception of the Internet. At stake is supremacy in the coveted marketplace of content ownership and book digitization. The Justice Department filed strong objections to the settlement last week, registering concerns that Google has violated anti-trust laws by gaining such broad control without legal supervision. Those concerns resulted in a request by all three parties this week for a postponement of the court’s ruling while they rewrite the agreement.
Online book retailer Amazon.com, Google’s non-profit rival The Internet Archive, Yahoo, Microsoft, and other media companies have joined an umbrella organization called The Open Book Alliance to combat Google’s advance. In recent weeks they have filed a barrage of complaints to the court and Congress. Their appeals and public statements have exposed for the first time large areas of legal uncertainty in an industry known for widespread avoidance of public legal battles and legislative interference.
In their legal assault, Amazon appears to have suggested its own involvement in business practices that have widely been considered unethical and potentially illegal. An Amazon spokesperson told the Associated Press last month that if Google were to gain control of the marketplace his company would no longer be able to obtain low prices for customers by, “playing one publisher off against another." Their statement implies the use of manipulative negotiating practices to receive books at lower wholesale prices than competitors despite the existence of legal precedents that restrict large companies from receiving disproportionately favorable discounts.
The Author’s Guild has also come under fire, with critics questioning the right of an advocacy group to negotiate on behalf of authors who did not seek their support. If upheld, such a broad invocation of representative power by a guild would be unprecedented in American history.
Compounding the problem is the prevalence of conflicts of interest among board members of nearly every party involved in the litigation. One particularly disconcerting example involves the venture capital firm Kleiner, Perkins, Caufield, & Byers which currently has three partners serving as board members or advisers to Google or Amazon, including John Doerr who is a board member at all three companies.
The triumvirate of Kleiner board members also includes former Vice-President Al Gore who is a senior advisor to Google. Gore’s presence is a reminder of the close proximity between the political establishment that first gave rise to broad Internet use and the now-powerful companies that benefited from government encouraged non-regulation throughout the 1990’s and into this decade.
The rise of these companies has created an institutionalized imbalance predicated on the absence of basic legal strictures in the technology sector. Without regulation tech companies have fed a decade-long ascendancy on a margin of profit derived from their near universal exemption from state tax laws...Google and Amazon: Making Theft and Price-Fixing the Legal Default
By Alex Green... more
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