Court dismisses Tur v. YouTube/Google suit

Over a year ago, Robert Tur was the first person to bring suit against Youtube for copyright infringement. At issue, video coverage Tur shot of the 1992 Los Angeles riots (search Youtube for L.A. riot video). This week at Tur’s bequest, a Los Angeles federal court judge dismissed the suit.a copyright infringement lawsuit against YouTube in [...]

Capitol Records, et al v. Jammie Thomas – Sony BMG’s lawyer says “Copying music you own is stealing.”

I was wondering when this bit of revisionism would take hold. I do not have a side in this battle (or a stake in it, when is my phone going to ring?), and for me it is purely an academic issue which should be framed thusly: “Whether format-shifting music (such as ripping a CD to [...]

Healthcare Advocates, Inc. v. Harding, Earley, Follmer & Frailey

Use of copyrighted material located using Internet Archive’s Wayback Machine by defendants for Litigation a fair use Last month the the U.S. District Court for the Eastern District of Pennsylvania ruled on a case that at first blush seems entirely too long to deal with the subject matter (40 pages). The opinion dismissed the Plaintiff’s [...]

Justice Department delivers proposed Intellectual Property Protection Act of 2007 to Congress

Press release, USNewswire story here. Today the Justice Dept. delivered a draft of The Intellectual Property Protection Act of 2007 to Congress. In it is a current wishlist of new criminal provisions for IP violations, including: Increasing the maximum penalty for counterfeiting offenses from 10 years to 20 years imprisonment where the defendant knowingly or [...]

Digg.com and the AACS code, a legal perspective

The ABA Journal reported on the mass of postings on Digg.com last month of a 32 letter and number series which can be used to circumvent DRM in blu-ray and high-def. DVDs (you’ll need some software too) (this was posted elsewhere, I like the http://09-f9-(etc).com/ URL and the ThinkGeek t-shirt) A user would post, they would [...]

Viacom v. YouTube/Google: Google responds, argues free speech

I never expected to be checking the First Amendment category box on this case, but here it is. Full details of the press conference and free speech claim at  silicon.com, news.com, or zdnet, but the real meat is in the response Google filed with the court (pdf). Because it was a fun to read “Defendants deny the [...]

Viacom v. YouTube/Google: lawyers debate the lawsuit

Over at the Utube Blog is a complete rundown of the arguments that Viacom and YouTube/Google’s lawyers made re: their lawsuit on a panel discussion this week at the Fordman IP Conference. Donald Verrilli, from DC’s Jenner & Block, represents Viacom. He’s the lawyer who succesfully represented the movie studios against Grokster before the Supreme Court. [...]

Digital Millennium Copyright Act section 512 safe harbor basics

The Digital Millennium Copyright Act of 1998 (full pdf of DMCA here) amended U.S. copyright law to limit liability for online service providers for information or material residing on a system or network that the service provider controls.  The infringing material must have been placed on the system at the direction of a user, and, to qualify [...]

Viacom v. YouTube/Google: case filed

I have stayed away from this for the most part, because I wanted to mull a bit on how the analysis from the Napster and Grokster analysis decisions would play out. I have been leaning toward the sort of position posited by Michael Fricklas, one of Viacom’s attorneys, in the Washington Post this week (Our [...]