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Heart is not pleased that RNC used "Barracuda"
You go, girls. Tell 'em.
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Veoh wins copyright protections
Video-sharing service Veoh has been granted copyright immunity in a case that could influence other video services.
A US district court judge ruled that the video site qualified for protection under the Digital Millennium Copyright Act (DMCA) and could not be suid for copyright infringement.
The site had been sued by adult video studio Io Group, which claimed that Veoh violated its copyright in 2006 when the site displayed user-uploaded clips from ten of its films.
The judge, however, sided with Veoh, ruling that the site had complied sufficiently with DMCA terms and should be awarded safe harbor from legal action.
Though it is commonly used as a vehicle for copyright owners to order video takedowns, the DMCA also provides protection for video sites in certain cases where it is deemed that the site is making an effort to protect copyright, but cannot completely control user uploads.
Fred Von Lohmann, a senior staff attorney with the Electronic Frontier Foundation, said in a blog posting that the decision was a 'total victory' for Veoh and should provide a valuable lesson for other sites threatened with copyright suits.
"The ruling should be required reading for the executives of every 'Web 2.0' business that relies on user-generated content," wrote Von Lohmann.
"The key to Veoh's victory was its scrupulous attention to the DMCA safe harbors. Veoh responded to compliant DMCA takedown notices on a same-day basis, it notified users of its policies against copyright infringement, it registered a Copyright Agent with the Copyright Office, it terminated users who were repeat infringers and blocked new registrations from the same email addresses, it used hashes to stop the same infringing videos from being uploaded by other users." Video-sharing service Veoh has been granted copyright immunity in a case that could influence other video services. ... more -
Veoh Wins Copyright Infringement Lawsuit; Viacom-YouTube Next?
No, this isn’t the big one, but nonetheless an important precedent: A federal judge in San Jose ruled today that video-sharing site Veoh was not liable for copyrighted material uploaded to its site, dismissing an early 2006 case filed against it by Io Group, an adult video firm. The site pleaded its defense under the “safe harbor” provisions of DMCA copyright law, which meant it could be safe as long as it removed the infringing video when alerted by the copyright holder, which the judge said that Veoh was doing.
SAI points out a key distinction that the judge mentions, between this case and the original P2P music piracy cases: “Napster (NSDQ: NAPS) existed solely to provide the site and facilities for copyright infringement, and its control over its system was directly intertwined with its ability to control infringing activity… by contrast, Veoh’s right and ability to control its system does not equate to the right and ability to control infringing activity. Unlike Napster, there is no suggestion that Veoh aims to encourage copyright infringement on its system. And, there is no evidence that Veoh can control what content users choose to upload before it is uploaded...unlike Napster (whose index was comprised entirely of pirated material), Veoh’s ability to control its index does not equate to an ability to identify and terminate infringing videos. For the most part, the files in question did not bear titles resembling plaintiff’s works; and, Io did not provide Veoh with its titles to search.”
Updated: Viacom came out with a statement as well: “Even if the Veoh decision were to be considered by other courts, that case does nothing to change the fact that YouTube is a business built on infringement that has failed to take reasonable measures to respect the rights of creators and content owners. Google and YouTube have engaged in massive copyright infringement – conduct that is not protected by any law, including the DMCA.” No, this isn’t the big one, but nonetheless an important precedent: A federal judge in San Jose ruled today that video-sharing site Ve... more -
Jury awards Mattel Inc. $100 million in Bratz suit
RIVERSIDE, Calif. (AP) — Barbie may have taken some of the sass out of her pouty-lipped rivals Yasmin, Jade, Cloe and Sasha with a $100 million verdict against Bratz-maker MGA Entertainment Inc., but no one's left the playground yet.
A federal jury awarded toy giant Mattel the damages Tuesday in their copyright infringement lawsuit against MGA, but lawyers for the two playtime powerhouses are still wrangling over whether MGA can continue to make the saucy Bratz line. U.S. District Judge Stephen Larson must also consider whether any of the damages are duplicative before setting a final amount to be paid to Mattel.
Still, Mattel hailed the jury's unanimous decision as a victory Tuesday, although the amount fell far short of the $1.8 billion that its attorneys had asked for.
"Mattel has pursued this case first and foremost as a matter of principle," Mattel CEO Robert A. Eckert said in a printed statement. "We have an obligation to defend ourselves against competitors who choose to engage in fraudulent activities against us."
MGA and its chief executive officer, Isaac Larian, were told to pay a combined $90 million in three causes of action related to Mattel's employment contract with designer Carter Bryant, who developed the Bratz concept. The jury also ordered MGA, Larian and subsidiary MGA Hong Kong to pay $10 million for copyright infringement.
Larian said he would appeal the verdict and MGA attorney Thomas Nolan contended that the three awards related to the contract dispute were duplicative. Nolan said he planned to ask Larson at the upcoming hearing to set total damages at no more than $40 million.
Still, Nolan and Larian said they were pleased that the jury did not award any punitive damages and found that neither Larian nor MGA acted willfully when they used Bryant's drawings, which could have increased the damages.
"We are thrilled that this jury sent a strong message that they want these companies to compete in the marketplace and not the courtroom," Nolan said.
Larian said he felt confident that MGA could continue to produce Bratz dolls despite the verdict. ... RIVERSIDE, Calif. (AP) — Barbie may have taken some of the sass out of her pouty-lipped rivals Yasmin, Jade, Cloe and Sasha with a $10... more -
Mad Men kicked off Twitter
Twitter suspended the accounts of don_draper, peggyolson and joan_holloway, three users who take their names from the popular AMC show Mad Men. They were "tweeting" in the style of the characters.
"It wasn’t a spam issue, but rather a Digital Millennium Copyright Act (DMCA) takedown notice that Twitter’s support team responded to."
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Do you think they had the right to suspend those accounts? In the end, it was free publicity for the show and users cannot be considered as guilty of libel because, well, those Mad Men are not real. Twitter suspended the accounts of don_draper, peggyolson and joan_holloway, three users who take their names from the popular AMC show... more -
Twitter e il copyright: sospesi gli account di Mad Men
Sembra incredibile ma il mitico servizio di microblogging Twitter ha deciso di sospendere alcuni account che si rifacevano ai personaggi della serie Mad Men. Il motivo ? Non perchè volti a far spamming, ma in quanto contrari alle norme del Digital Millennium Copyright Act (DMCA).
Leggete l'intera storia che è emblematica dello scontro e dell'incomunicabilità tra media mainstream e grassroot. Sembra incredibile ma il mitico servizio di microblogging Twitter ha deciso di sospendere alcuni account che si rifacevano ai personag... more -
IPhone Apps: Free iPhone Tetris Getting Pulled from App Store
"Tris, the free version of Tetris for the iPhone that we loved ('cause it was free!) is being pulled from the App Store. Apparently, The Tetris Company called up Apple and it no likey. Its creator, Noah Witherspoon says that while he thinks their copyright claim is thin—and would be thinner still if he called it "Trys"—he doesn't really have the resources to fight it in court, so he's removing it from the store on Wednesday. Download it while you can folks!" "Tris, the free version of Tetris for the iPhone that we loved ('cause it was free!) is being pulled from the App Store. App... more
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Is Disney losing the rights to Mickey Mouse?
As Mickey turns 80 this fall, the most beloved rodent in show business is widely regarded as a national treasure. But he is owned lock, stock and trademark ears by the corporate heirs of his genius creator, Walt Disney.
All signs pointed to a Hollywood ending with Disney and Mickey Mouse living happily ever after -- at least until a grumpy former employee looked closely at fine print long forgotten in company archives.
Film credits from the 1920s revealed imprecision in copyright claims that some experts say could invalidate Disney's long-held copyright. As Mickey turns 80 this fall, the most beloved rodent in show business is widely regarded as a national treasure. But he is owned lock... more -
Have the early Mickey Mouse films fallen out of copyright?
All signs pointed to a Hollywood ending with Disney and Mickey Mouse living happily ever after -- at least until a grumpy former employee looked closely at fine print long forgotten in company archives.
Film credits from the 1920s revealed imprecision in copyright claims that some experts say could invalidate Disney's long-held copyright, though a Disney lawyer dismissed that idea as "frivolous." All signs pointed to a Hollywood ending with Disney and Mickey Mouse living happily ever after -- at least until a grumpy former emplo... more -
Warner wants to shutdown Mygazines over copyright infringement
Mygazines.com, which launched only last month, and is still currently in beta, has drawn the ire of at least one media company, Time Warner which says it is already looking into ways to get the site shut down.
The site, whose tag line is "upload. share. archive." is a place where users can upload and share digital copies of magazines while others can read, comment and even create their own "custom" magazines using their favorite parts of other magazines.
The site is entirely free and does not even include advertisements meaning the owners are not making a profit on the sharing of copyrighted content.
Time Warner, owner of Time and many other high profile magazines, does not like seeing their magazines posted for free, especially with the ad pages stripped out. Because the site actively encourages its users to share copyrighted materials, it can be held liable in the US but therein lies Time's problem.
Mygazines is registered in Anguilla and hosted by the infamous host PRQ of Sweden. PRQ is owned by the founders of the The Pirate Bay, the public torrent tracker that remains in full strength despite years of American companies trying to get it shut down.
Has Mygazines found its way around the jurisdiction of U.S. copyright law? For the most part it seems it has and even if the company is sued in the US, there is no way that anyone would show up to court.
The only way the magazine publishers can get the site shut down is to get Sweden to intervene of have VeriSign, which maintains the master .com database to get the site shut down.
For now though, Time's latest announcement and the subsequent news will surely bring more users to the site which already counts 16,000 active users. Mygazines.com, which launched only last month, and is still currently in beta, has drawn the ire of at least one media company, Time W... more -
McCain Campaign: Hypocritical Thieves
The McCain campaign recently released a statement regarding protecting the creative rights of others.
Sort of funny after you view their growing list of copyright violations and instances of plagiarism. The McCain campaign recently released a statement regarding protecting the creative rights of others. ... more -
Steinbeck heirs lose rights to literary works
The son and granddaughter of Nobel prize winning author John Steinbeck have lost the rights to some of the writer's most famous works, including The Grapes of Wrath, Of Mice And Men, Tortilla Flat, and his first published novel Cup of Gold.
The appeals court ruled in favour of Penguin, the publishing division of Pearson, in a case that has been seen as having serious implications for heirs of other artists seeking to control the use of famous works.
In 2006, Thomas Steinbeck and Blake Smyle were awarded the rights to Steinbeck's works after a judge ruled that heirs were able to terminate contracts under copyright laws, to allow descendants "appropriate reward for the artistic gifts to our culture". The law was drawn up to protect authors who sign away rights early in their careers before they have enough success to demand better terms.
However, this week the higher court ruled that was not the case, because Elaine Steinbeck, the author's third wife, had already entered into a fresh copyright agreement, and that descendents only had one chance to renegotiate. The son and granddaughter of Nobel prize winning author John Steinbeck have lost the rights to some of the writer's most famous w... more -
La risposta del web a Mediaset
Oltre una trentina di video di protesta, dei quali alcuni visti da decine di migliaia di persone, sono stati la risposta degli utenti di youtube alla richiesta di risarcimento danni da 500 milioni di euro, depositata da Mediaset contro Google, proprietaria del sito di condivisione di filmati più amato del web. Proprio sul motivo alla base dell’azione legale, cioè l’accusa di illecita diffusione e sfruttamento commerciale di file audio-video di proprietà del gruppo, si stanno scatenando gli utenti della rete, che accusano a loro volta Mediaset, ma anche le altre televisioni e i giornali, di utilizzare regolarmente senza permesso filmati presi da youtube.
«Il Tg5 e Il Corriere, tanto per fare un paio di esempi - dice Byoblu nel video “Un ruggito per youtube”, visto in una settimana oltre 56.800 volte e che ha raccolto oltre 500 messaggi - prendono un filmato da youtube, lo trasformano in una macchina mangia soldi e nessuno gli dice niente. Ma se tu, prendi un pezzetto di una frase di Mentana, che fa cultura e influisce sull’opinione pubblica e la usi per argomentare una tua tesi, il sale della democrazia (...) sei un delinquente, incorri nel reato di violazione di copyright, mi pare tristemente buffo».
Continua su:
http://www.lastampa.it/_web/cmstp/tmplrubriche/tecnolog...
Il video di Byoblu di cui si parla nell'articolo, "Un ruggito per YouTube", si trova su:
http://current.com/items/89166967_un_ruggito_per_youtub... Oltre una trentina di video di protesta, dei quali alcuni visti da decine di migliaia di persone, sono stati la risposta degli utenti ... more -
Online copyright shake up in the UK?
The government has launched a consultation on plans to increase the maximum fine for traders in copyright-infringing material from £5,000 to £50,000 as part of a plan to protect "creative Britain".
The change would bring the financial punishment for online copyright infringement for commercial purposes in line with the penalty for physical infringement.
Former Financial Times editor Andrew Gowers subsequently wrote: "Crimes committed in the online and physical world should not be subject to different sentences. Increasing the penalties for online infringement will therefore make the law more coherent."
Alongside tougher financial penalties, Gowers recommended a maximum ten year prison sentence in the most serious cases of commercial gain from copyright infringement.
With Italy encouraging ISPs to block torrent sites such as Pirate Bay is this the begining of the end for illegal downloads? The government has launched a consultation on plans to increase the maximum fine for traders in copyright-infringing material from £5,... more -
Ex-Bush aide sues Disney over "Swing Vote"
A former presidential aide claims in a lawsuit that plot and marketing elements of the Kevin Costner and Kelsey Grammer movie "Swing Vote" were stolen from him.
Political commentator Bradley Blakeman, a former deputy assistant to President Bush for appointments and scheduling, said in the lawsuit filed Thursday that he gave a copyrighted screenplay entitled "Go November" to Grammer in 2006.
The lawsuit, filed in federal court on Long Island, claims Grammer agreed to develop the project and star as an incumbent Republican president but ended up portraying a similar role in "Swing Vote," which was released Aug. 1.
A spokesman for Grammer and his production company, both named in the lawsuit, dismissed the claims as frivolous.
"I am not sure why Kelsey was even named in this suit," spokesman Stan Rosenfield wrote in an e-mail. "He was an actor who signed on to the project AFTER the script was written."
Blakeman's lawsuit, however, claims the former "Cheers" and "Frasier" actor told him to consult a producer who later told him repeatedly that they were interviewing potential screenwriters and planned to go ahead with the project.
The lawsuit claims Blakeman's screenplay shared a basic premise with "Swing Vote," although it focused on an election hinging on multiple swing voters instead of one swing voter.
Blakeman claims "Swing Vote" incorporated other elements that he proposed, including: the timing of the film's release, the use of real-life newscasters as actors playing themselves, the use of dirty tricks by both major political parties, marketing strategies and other plot points.
"Essentially, except for the character names and the relationship developed between the main characters played by defendant Kevin Costner and his daughter, the entire concept of 'Swing Vote' ... was taken from the copyrighted work," Blakeman's lawsuit claims.
The Walt Disney Co. is named as a defendant in the suit, as is Walt Disney Motion Pictures Group Inc. and Disney division Touchstone Pictures, which distributed "Swing Vote." Costner and the writers of "Swing Vote" also are among those named.
Spokeswomen for Disney and for distributor Treehouse Films said they hadn't seen the lawsuit and wouldn't comment. A spokesman for Costner, who helped finance the movie, said the "Dances with Wolves" and "Field of Dreams" actor was on vacation and couldn't be reached.
Blakeman's lawsuit seeks unspecified damages.
Grammer was hospitalized in New York in late July after feeling faint, which Rosenfield said was possibly due to his heart medication. Grammer suffered a mild heart attack in late May. A former presidential aide claims in a lawsuit that plot and marketing elements of the Kevin Costner and Kelsey Grammer movie "Sw... more -
Patry pulls plug on Copyright Blog due to state of copyright law
The popular copyright blog has been shut down by blogger William Patry because, he says, the present state of copyright law is "too depressing."
"Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together again: multilateral and trade agreements have ensured that, and quite deliberately."
Do you agree that copyright law has gone from a measure of protection to a way to turn profit at expense of creativity and innovation? The popular copyright blog has been shut down by blogger William Patry because, he says, the present state of copyright law is "t... more -
Un ruggito per YouTube
Mediaset ha denunciato YouTube per 500 milioni di euro. Sostiene di essere stata depredata di oltre 4000 files, e di avere perduto oltre 315.000 giornate di visualizzazione da parte dei suoi telespettatori. Ma sappiamo tutti che se mostrare dei files appartenenti alle televisioni generaliste significa violazione di copyright, lo stesso non può dirsi quando televisioni generaliste mostrano files presi dalla rete. I nostri files.
Molte volte è capitato di accendere il telegiornale e di vedere scoop da prima pagina tratti da YouTube. Contenuti filmati da noi. E non ci risulta di avere mai percepito un solo centesimo. Ma la televisione non è la sola che fa manbassa dei nostri lavori. Anche l'editoria non scherza!
In questi giorni su YouTube sta andando per la maggiore un filmato dell'associazione Born Free che racconta la storia del leone Christian. Allevato in cattività, poi liberato nella savana, reincontra dopo nove mesi di vita selvaggia i suoi addestratori. Lungi dal divorarli in un sol boccone, gli salta addosso in un effluvio di mugolii e coccole. Che cosa carina! Ecco il filmato originale.
Poteva il Corriere della Sera lasciarsi sfuggire l'occasione, servita su un piatto d'argento, di lucrare un po' sulla rete?
[LEGGI TUTTO:]
http://www.byoblu.com/a7f8e423-2a4c-41c5-9106-6b554ad59... Mediaset ha denunciato YouTube per 500 milioni di euro. Sostiene di essere stata depredata di oltre 4000 files, e di avere perduto olt... more -
C.S Lewis snatches child's domain from beyond the grave
A British couple has lost the battle to keep the narnia.mobi domain name which they claimed was only registered so that their son could have a Narnia-related email address. The address will transfer to a company representing CS Lewis's estate.
Richard and Fiona Saville-Smith failed to convince an arbitration panel of the World Intellectual Property Organisation (WIPO) that they registered and used the domain name in good faith. Fiona Saville-Smith told OUT-LAW that they will not appeal.
Saville-Smith said that on the question of the registration or use of the domain name in bad faith she and her husband felt that the ruling was unfair. A British couple has lost the battle to keep the narnia.mobi domain name which they claimed was only registered so that their son coul... more -
Lil' Wayne faces copyright claim
"US rapper Lil' Wayne has been sued by a music publishing company over claims he released a version of Rolling Stones song Play With Fire without permission.
Abkco Music Inc have said that Lil' Wayne's Playing with Fire was clearly derived from the Stones' original but used "explicit and offensive language".
They accuse the rapper of copyright infringement and unfair competition.
A spokesman for Lil' Wayne, whose real name is Dwayne Michael Carter, was unavailable for comment.
The legal action was filed in federal court in Manhattan against the rapper, his collaborators and his record company - which is a unit of Universal Music Group.
Abkco Music are seeking unspecified damages. They claim the public could have been misled into believing that the company and the Rolling Stones authorised and approved of Lil' Wayne's version.
Lil' Wayne sold more than a million albums in a week in the US last month, with his sixth record Tha Carter III." "US rapper Lil' Wayne has been sued by a music publishing company over claims he released a version of Rolling Stones song P... more -
Scrabble vs. Scrabulous - the legal showdown begins
So finally makers of Scrabble Hasbro have gone ahead and sued Scrabulous, the popular Facebook app that allows users to play Scrabble. This news comes barely weeks after Hasbro's launch of a legitimate, fully licensed version of the game on Facebook.
Facebook says that it is disappointed Hasbro is dragging it into the legal proceedings. So finally makers of Scrabble Hasbro have gone ahead and sued Scrabulous, the popular Facebook app that allows users to play Scrabble.... more
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