cyberlockers Archives

Do linking sites infringe copyright?

A UK judged ruled on Friday that the 23 year operator of the TVShack.net linking website could be extradited to the US to face a trial for alleged criminal copyright infringement. In rendering the decision the UK court made some important findings about the scope of UK copyright law. They included the ruling that organizing and providing hyperlinks to infringing content from a linking website can infringe the making available right.

The accused, Richard O’Dwyer, owned and operated the site that offered to the public free downloading and/or streaming of thousands of copyrighted movies and television programs, without authorization from the copyright holders.…

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Copyright law 2011 –the year in review in Canada and around the world

Yesterday, I gave a talk at the Law Society of Upper Canada’s 16th Annual Intellectual Property Law: The Year in Review program. My talk canvassed developments in copyright in 2011. My slides are shown below. The associated paper prepared in collaboration with Glen Bloom, with the help of others, is available here.

My slides and/or the paper summarize the following copyright cases from Canada, the USA, UK and Europe:

CANADA

Re: Sound v Motion Picture Theatre Association of Canada 2011 FCA 70

Reference re Broadcasting Act 2011 FCA 64

Crookes v. …

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Cyberlockers, social media sites and copyright liability

2011 was the year US copyright law was put to the test confronting whether cyberlockers and social media sites are liable for infringements contributed to by these sites. Some sites, like Megaupload, Hotfile, and MP3tunes suffered set backs or losses in the US courts. Others, like Visible Technologies the operator of the myxer.com social radio website and most recentlyVeoh Networks were more successful, at least so far.

Despite all of this litigation, key issues are still being litigated and perhaps will only be settled in the US Supreme Court.…

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