Posts Tagged ‘dmca’

UMG v Veoh: US appeal court sides with Veoh in appeal

March 17th, 2013

Last week, the Ninth Circuit Court of Appeals released a revised opinion in the Veoh Networks caseUMG Recordings v Shelter Capital Partners No. 09—55902 (9th.Cir. Marc. 14, 2013), superseding the earlier opinion, UMG Recordings v Shelter Capital Partners LLC, 101 U.S.P.Q.2d 1001 (9th.Cir. 2011). The decision reviewed the scope of the DMCA hosting safe harbor finding it applicable on the facts of the case to the Veoh Networks video sharing site.

In the original decision the Ninth Circuit made three important rulings with respect to the scope of the DMCA hosting safe harbor:

Change and the Copyright Modernization Act

November 7th, 2012

Bill C-11, the Copyright Modernization Act, with a few exceptions, is now law with the publication of the Governor General Order in Council. The fourth attempt to amend the Copyright Act since 2005 succeeded where Bills C-60 (2005), C-61 (2008), and C-32 (2010) did not.

A lot has changed since 2005 when Bill C-60 was first introduced. That Bill would have made a limited, but important, set of amendments. Its summary reminds us that it would have amended the “Copyright Act to implement the provisions of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, to clarify the liability of network service providers, to facilitate technology-enhanced learning and interlibrary loans, and to update certain other provisions of the Act.”  Bill C-11 addresses far more than this.

Developments in Computer, Internet and E-Commerce Law (2011-2012)

June 21st, 2012

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2011-2012). It covers significant developements since my talk last spring, Developments in Computer, Internet and E-Commerce Law (2010-2011).

The slides include a summary of the following cases:

Kraft Real Estate Investments, LLC v, Inc. 2012 WL 220271 (D.S.Car. Jan 24, 2012)

Swift v. Zynga Game Network, Inc., 805 F.Supp.2d 904, (N.D.Cal., 2011)

Fteja v. Facebook, Inc., 2012 WL 183896 (S.D.N.Y. 2012)

Grosvenor v. Qwest Corp., 2012 WL 602655 (D.Colo., 2012) 

Cyberlockers, social media sites and copyright liability

January 9th, 2012

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 myVidster (see here also) Megaupload, Hotfile, and MP3tunes suffered set backs or losses in the US courts. Others, like Visible Technologies the operator of the social radio website and most recentlyVeoh Networks were more successful, at least so far.

Some observations on Bill C-11: The Copyright Modernization Act

October 3rd, 2011

Last Thursday the Government of Canada introduced into the House of Commons Bill C-11, an Act to Amend the Copyright Act. In a press release describing the Bill, Heritage Minister James Moore and Industry Minister Christian Paradis, stated that the Bill will ensure that Canada’s copyright laws “are modern, flexible, and in line with current international standards” and will “protect and help create jobs, promote innovation, and attract new investment to Canada.”

Are the TPM provisions in C-32 more restrictive than those in the DMCA?

September 30th, 2010

The US Fifth Circuit Court of Appeals has revised its opinion in the MGE UPS Systems Inc. v. GE Consumer and Industrial Inc. 2010 WL 3769210 (5th.Cir. Sept. 29, 2010)  case  withdrawing entirely the discussion of whether a copyright violation is a prerequisite for a violation of DMCA Section 1201(a). Instead, it affirmed the dismissal of the DMCA claim solely on the lack of proof that any GE/PMI employee actually circumvented the access control TPM and because the DMCA TPM prohibitions do not apply to “using the software after some other party disabled the code requiring a” TPM.

MGE v GE-what did the 5th Circuit decide about the scope of the DMCA TPM provisions and was it right?

July 29th, 2010

Last week, the US Court of Appeals for the 5th Circuit released a controversial decision interpreting Section 1201(a) of the DMCA in MGE UPS Inc v GE Consumer and Industrial, Inc. 2010 WL 2820006 (5th Cir.2010). Prof. Geist has suggested that the case decided that the “DMCA is limited to guarding access controls only to the extent that circumvention would violate the copyright rights of the copyright owner.” His summary of the case is neither accurate nor complete. Here’s why.

The MGE case

Facebook fair for copyright of Canada: replies to professor Geist

February 3rd, 2008
This article responds to claims made by Professor Geist related to the legal protection for technological measures. A link to the article can also be found here.

Facebook Fair Copyright Replies to Prof Geist