Tag Archives: copyright infringement

Editorial: Let Google be a little evil

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Editorial Let Google be a little evil

Google's lawyers visited the Second Circuit Court of Appeals last week for a polite conversation with three judges and attorneys from the Authors Guild. You remember -- the book-scanning thing? Yes, the case is 7 years old and still unresolved. The Circuit Court is just a way station in a longer journey -- at issue is whether the Authors Guild's class action suit should be broken apart, forcing authors and publishers to confront Google individually.

Google is going to win this thing eventually. If that makes Google evil, it is a necessary evil.

The bigger question is about the lawfulness of Google's digital library quest, and the legitimacy of the Guild's copyright charges and request for damages. There are points of similarity to the music industry's litigation saga. And major differences. Google is going to win this thing eventually. If that makes Google evil, it is a necessary evil.

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YouTube still protected under DMCA, says Judge, Viacom sent packing

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YouTube still protected under DMCA, says Judge, Viacom sent packing

YouTube trends may have changed over the last few years, but the company's legal standing hasn't: according to a federal judge, the DMCA still protects the streaming site from Viacom's copyright claims. The ruling responds to Viacom's appeal of a 2010 case, which stated that YouTube couldn't be held responsible for copyright infringing content uploaded by its users. Viacom sought to revise the ruling, insisting that YouTube was "willfully blind" of the activity. That may be the case, but Judge Louis Stanton sees things differently. "Knowledge of the prevalence of infringing activity, and welcoming it, does not itself forfeit the safe harbor. To forfeit that, the provider must influence or participate in the infringement." Since YouTube doesn't pre-screen content before throwing it live, and because it always takes down infringing content upon request, it simply isn't liable.

Viacom says that the decision "ignores the opinions of the higher courts and completely disregards the rights of creative artists," and promises to appeal the decision again with hopes of taking the case to a jury. Google, on the other hand, is playing it cool. "The court correctly rejected Viacom's lawsuit against YouTube, reaffirming that Congress got it right when it comes to copyright on the Internet. This is a win not just for YouTube, but for people everywhere who depend on the Internet to exchange ideas and information." Looking for a side to pick? Check out the court's full decision after the break.

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Source: AllThingsD, YouTube

Court Rules for Dish Network AutoHop and PrimeTime Anytime Are in the Clear

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Several months ago Dish Network unveiled a slick new DVR that had some very interesting features that allow you to skip all commercials on prime time programming. The commercial skipping tech was...

AT&T training document suggests ISPs are gearing up to beat piracy with internet restrictions

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AT&T training document suggests ISPs are gearing up to beat piracy with internet restrictions

The fact that ISPs are working with the RIAA in a bid to squash piracy is far from new. A leaked document claiming to be AT&T training materials, however, suggests that the operator is about to stop talking, and start doing. According to TorrentFreak notifications will be sent out to customers on November 28th about the change in policy, with those suspected of illicit downloads receiving an email alerting them of the possible copyright infringement. We'd previously heard of a six-stage notification system, and this, too, is mentioned here with repeat offenders facing access to "many of the most frequently visited websites" restricted. Even stranger, is the talk of having to complete an online tutorial about copyright to get the restrictions lifted. As AT&T is part of the MPAA and RIAA-backed Center for Copyright Information, it's likely that the other members (Verizon, Comcast, Time Warner Cable and Cablevision), will be prepping similar plans. We've asked AT&T for confirmation directly, but for now keep an eye on the mail.

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AT&T training document suggests ISPs are gearing up to beat piracy with internet restrictions originally appeared on Engadget on Sat, 13 Oct 2012 12:04:00 EDT. Please see our terms for use of feeds.

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YouTube scales back automatic Content ID takedowns, improves appeals process

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YouTube scales back automatic Content ID takedowns, improves appeals process

In the last several years Google has become quick to respond to complaints of copyright infringement. Unfortunately, its record in dealing with unfounded claims (specifically on YouTube) is a bit mixed. In particular the process for appealing a Content ID takedown has left many users frustrated and with little recourse in the event of a rejected dispute. And its the content owners themselves who make that decision. Starting today, even if a dispute is rejected, users can file an appeal that leaves a content owner with one of two choices -- recind the complaint or file a proper DMCA takedown notice. To minimize the amount of appeals and disputes Google is also launching an improved Content ID algorithm that identifies potentially invalid claims and places them in a queue to be reviewed manually before takedowns are issued. For more, check out the source.

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YouTube scales back automatic Content ID takedowns, improves appeals process originally appeared on Engadget on Wed, 03 Oct 2012 19:43:00 EDT. Please see our terms for use of feeds.

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Google to pay $0 in damages to Oracle, wait for appeal

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Google to pay $0 in damages to Oracle, wait for appeal

After watching Judge Alsup strike down its patent and Java API infringement claims, Oracle seems to be cutting its losses, agreeing to accept $0 in damages from Google. Confused? So was the Judge, who reportedly responded to the proposal by asking, "is there a catch I need to be aware of?" No catch, but Oracle isn't giving up, stating that it's taking its case to the Court of Appeals for the Federal Circuit. If successful, the appeal could put the two firms back in Alsup's courtroom, perhaps asking for somewhere between the previously proposed $32.3 million and today's sum total of zilch. We'll let you know when the drama comes around again.

Google to pay $0 in damages to Oracle, wait for appeal originally appeared on Engadget on Wed, 20 Jun 2012 22:48:00 EDT. Please see our terms for use of feeds.

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Oracle v. Google: Judge finds structure of Java APIs not copyrightable, renders jury infringement verdict moot

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Thought the Oracle v. Google litigation fireworks were over? Well, if you weren't aware, during the copyright phase of the trial, the jury found that Google had infringed the structure, sequence and organization of Oracle's Java APIs. However, at the time, Judge Alsup had yet to evaluate the validity of Oracle's API copyright claims upon which that verdict was based. Today, Alsup found that Oracle's argument didn't hold water because it would expand the breadth of copyright holder's rights too far -- in essence, it would allow owners of software code to prevent others from writing different versions to perform the same functions. This ruling renders the jury's earlier infringement verdict moot, and gives Mountain View yet another courtroom victory. Despite this latest defeat, Oracle's sure to run the case up one more rung on the legal ladder, so let the countdown to the appeal begin.

Oracle v. Google: Judge finds structure of Java APIs not copyrightable, renders jury infringement verdict moot originally appeared on Engadget on Thu, 31 May 2012 18:15:00 EDT. Please see our terms for use of feeds.

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Google adds copyright takedowns to Transparency Reports, 1.2 million a month and growing

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Google has been publishing what it's dubbed Transparency Reports for some time now -- detailing things like government requests to remove content from search results or requests for users' information -- and it's now added another big chunk of data to them in the interest of full disclosure. Starting today, you can see the number of removal requests it receives from companies over copyright and piracy concerns. As you can imagine, there's a lot -- over 1.2 million in the past month alone, a number that Google notes is increasing at a substantial rate. Among those asking for takedowns, Microsoft is by far the leader, filing well over half a million requests all by itself in the past month (the film and music industries are also, of course, well represented). You can pour through all the results yourself at the source link below.

Google adds copyright takedowns to Transparency Reports, 1.2 million a month and growing originally appeared on Engadget on Thu, 24 May 2012 20:24:00 EDT. Please see our terms for use of feeds.

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Jury issues verdict in Android suit, finds that Google doesn’t infringe Oracle patents

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It appears that the jury has come to a conclusion in the Oracle v. Google trial, determining that Android does not infringe Oracle patents. Judge William Alsup of the US District Court for Northern California exonerated the search giant following a trial that lasted three weeks, ruling that Google did not infringe on six claims in US Patent RE38,104, along two claims in US Patent 6,061,520. Jurors were dismissed following today's ruling, with the trial's damages phase reportedly set to begin on Tuesday. According to The Verge, the jury did determine that Google was responsible for two counts of minor copyright infringement, relating to the order of Java APIs and several lines of rangeCheck code, which could be matched with a maximum penalty of $150,000 for each count. Regardless, it appears that the lawsuit, which dates back to 2010, when Oracle filed against Google for copyright and patent infringement related to Sun's Java code, could finally be coming to a close.

Jury issues verdict in Android suit, finds that Google doesn't infringe Oracle patents originally appeared on Engadget on Wed, 23 May 2012 14:05:00 EDT. Please see our terms for use of feeds.

Permalink The Verge, CNET  |  sourceUS District Court  | Email this | Comments

Aereo gets unfair competition claim dismissed, still faces two claims of copyright infringement

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Aereo gets broadcasters unfair competition claim dismissed, still faces federal wrath for copyright infringement

Aereo's mini-antenna arrays started streaming OTA television broadcasts in Gotham a couple months ago in spite of the lawsuit filed by a few of New York's local stations to stop them from doing so. Today, it was able to dismiss its opponents' state law unfair competition claim under the theory of federal preemption. Essentially, Aereo argued (and the judge agreed) that the anti-competition claim was actually an attempt to vindicate the broadcasters' rights to control the performance of their copyrighted materials. Because those rights are granted under federal law, the state law claim was preempted and dismissed from the lawsuit pursuant to the Copyright Act. Despite this courtroom victory, Aereo still has a lot of legal legwork to do, as it still faces two copyright claims that could still shut down the OTA streaming party. Stay tuned.

Aereo gets unfair competition claim dismissed, still faces two claims of copyright infringement originally appeared on Engadget on Mon, 21 May 2012 19:21:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceCourt Order (PDF)  | Email this | Comments