Tag: infringement

Google’s plans to prioritize legitimate online contentGoogle’s plans to prioritize legitimate online content

August 13, 2012 Barry Sookman 0 Comments

Google announced on Friday it is updating its search algorithms. In making the announcement Google said the purpose is to “help users find legitimate, quality sources of content more easily—whether it’s a song previewed on NPR’s music website, a TV show on Hulu or new music streamed fromSpotify.” According to the statement, it plans to reduce search rankings for sites with “high numbers” of valid takedown notices.

Google acknowledged it has reliable data from rights holders that signal which sites host or otherwise facilitate widespread infringement.…

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So you want to protect computer programs by copyright, the Oracle v Google and SAS v WPL cases (Updated)So you want to protect computer programs by copyright, the Oracle v Google and SAS v WPL cases (Updated)

June 3, 2012 Barry Sookman 0 Comments

Are computer programs protected by copyright? That issue was a hot one three decades ago when courts began to struggle with whether these intangible utilitarian objects could be protected. Were they machine parts outside the realm of copyright or literary works, the kind of subject matter that copyright protects? This issue was quickly resolved in favor of copyright protection, first by the courts in the US, Australia, Canada and elsewhere in a series of cases involving the Apple II operating system and in other cases, then by international conventions and treaties and worldwide copyright amendments by governments that wanted to be sure programs could not be blatantly pirated.…

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Optus loses “TV Now” copyright appeal down underOptus loses “TV Now” copyright appeal down under

April 26, 2012 Barry Sookman 0 Comments

Earlier today, the Full Court of Australia released its decision in the National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd [2012] FCAFC 59 (27 April 2012) case. In a note made available along with the reasons of the court for reversing the decision of the primary judge, the court summarized its decision as follows:

The Optus group of companies is a leading provider of communications services throughout Australia. Two of its members, Singtel Optus Pty Ltd and Optus Mobile Pty Ltd (which we refer to collectively as “Optus”), devised a new subscription service – “TV Now” – which it offered, in the mainland State capitals, to private and to the employees (subject to conditions) of small to medium business customers from mid-2011.

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iiNet not responsible for customers’ infringing acts says Australia High CourtiiNet not responsible for customers’ infringing acts says Australia High Court

April 20, 2012 Barry Sookman 0 Comments

The High Court of Australia released its decision in the Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16 (20 April 2012) case earlier today. The panel of five judges, in two sets of reasons, dismissed the appeal from the Full Court. That court held that, on the facts of the case, iiNet, an Australian ISP, was not liable for authorising the infringing acts of its customers.

The key question in the appeal, was whether iiNet authorised its customers’ infringing acts.…

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Cyberlockers, social media sites and copyright liabilityCyberlockers, social media sites and copyright liability

January 9, 2012 Barry Sookman 0 Comments

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 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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France Animation v Robinson – a case commentFrance Animation v Robinson – a case comment

January 2, 2012 Barry Sookman 0 Comments

I just finished reading the fascinating reasons delivered by the Quebec Court of Appeal in the France Animation v Robinson, 2011 QCCA 1361 case. The main issue in the appeal was whether sketches and characters of the proposed TV series Robinson curiosity were infringed by the series Robinson sucro. The trial judge found infringement and the Court of Appeal upheld the judgment, in part.

The case is a gold mine for copyright lawyers. It canvasses many copyright issues including the application of the standard of originality to partially completed works, the test for infringement when there has been substantial alterations and improvements to the original work, the relevance of expert evidence in copyright cases in light of the Supreme Court of Canada decision in the Masterpiece Inc.…

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