Earlier this week, a US District Court released an import decision on the legality of music lockers services under US law. In the Capital Records , Inc v MP3Tunes, LLC, 2011 WL 3667335 (S.D.N.Y., Aug 22, 2011) case, the court ruled that MP3Tunes was liable for contributory infringement by providing storage locker services to its users when it knew that they had unlawfully downloaded copyright protected materials into the lockers. MP3Tunes was found liable because it allowed users to continue to store and access songs listed in valid copyright takedown notices. In the summary judgment motions ruled on, the court also held that MP3Tunes was not liable for allowing users to continue to store and access songs it was not required to remove under the DMCA.
Archive for the ‘Piracy’ category
Are music storage lockers legal in the US?
August 24th, 2011UK moving ahead with graduated response after Hargreaves Review of IP
August 10th, 2011Last week, the UK government confirmed its intention to implement the graduated response process set out in the UK Digital Economy Act 2010 (DEA). Several documents released along with the response to Professor Hargreaves’ Review of Intellectual Property and Growth summarized the UK process and compared it with the graduated response processes enacted in France and New Zealand. See, Draft-Sharing-of-Costs statutory-instrument, Impact Assessment for the Sharing of Costs Statutory Instrument, and Digital Economy Act Appeals Process: Options for reducing costs. The documents provide a useful summary of how these different international laws designed to reduce online file sharing work.
UK to get even tougher with IP crime
August 4th, 2011Yesterday, the UK Government released a number of proposals to modernise the UK’s intellectual property laws. One of the reports is dedicated to outlining The UK IP Crime Strategy. The rational for the strategy is clear: counterfeiting and piracy are of concern both as a barrier to growth and because of the wider ills to which they have been linked, which include dangerous goods, online fraud and serious organised crime.
UN report on internet disconnection flawed and contrary to jurisprudence
June 13th, 2011Recently, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression released a controversial report in which he stated he was
“alarmed by proposals to disconnect users from Internet access if they violate intellectual property rights. This also includes legislation based on the concept of “graduated response”, which imposes a series of penalties on copyright infringers that could lead to suspension of Internet service, such as the so-called “three strikes-law” in France and the Digital Economy Act 2010 of the United Kingdom.”
G8 declaration: Internet and IP critical to innovation
May 30th, 2011The leaders of the G8 concluded their meetings last week with a renewed commitment to freedom and democracy. They released a declaration dealing with a variety of topics including the importance of the Internet and intellectual property as catalysts to innovation. The declaration also highlights the challenges of maintaining the privacy and security of networks and network communications.
The declaration on the Internet made the link between the Internet and innovation as follows:
For business, the Internet has become an essential and irreplaceable tool for the conduct of commerce and development of relations with consumers. The Internet is a driver of innovation, improves efficiency, and thus contributes to growth and employment…
Canada back on the USTR 2011 Special 301 Watch List
May 2nd, 2011The Office of the United States Trade Representative (USTR) just published its 2011 Special 301 Report. The 2011 Special 301 review process examined IPR protection and enforcement in 77 of the US’s trading partners. The Special 301 Report is a critical mechanism for the U.S. government to ensure that its trading partners provide adequate and effective protection of IP for America’s creators and innovators.
Following extensive research and analysis, the USTR again listed Canada on its Priority Watch List along with Algeria, Argentina, Canada, China, India, Israel, Indonesia, Pakistan, Russia, Thailand, and Venezuela.
YouTube adopts “copyright school” to stop copyright infringement
April 14th, 2011YouTube has changed its copyright policy. YouTube already has a policy that involves suspending accounts of YouTube users who have three copyright strikes. Now, if YouTube receives a notification that a user’s video is infringing the user will be required to go to “YouTube Copyright School”. A second change in the policy relaxes YouTube’s copyright strikes from a user’s accounts if the user completes the YouTube Copyright School and has demonstrated good behavior over time.
The Official YouTube Blog says the following:
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