tag:blogger.com,1999:blog-71037442029781797882011-12-17T10:26:17.322-08:00A neutral view of all matters digitalLydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.comBlogger631100tag:blogger.com,1999:blog-7103744202978179788.post-86901780988525107482010-05-23T13:52:00.000-07:002010-05-23T13:52:37.745-07:00

As you may have noticed, I have been rather slow, as of late, in updating this blog. However, there are reasons, other than laziness, that account for my silence. During the past few months, I have found that Twitter is a more useful tool by which to communicate the most up-to-date and current developments in copyright and digital media law. Indeed, the primary goal of this blog is to provide a “

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com26tag:blogger.com,1999:blog-7103744202978179788.post-6327300843408071732010-02-15T11:12:00.000-08:002010-02-15T11:12:53.420-08:00

Not to let the DOJ's recent objections to the Google Book Settlement go unchallenged, Google asserted in a filing last week that when it comes to book publishing, "Google is a new entrant and currently has zero percent share in any book market. It does not have monopoly power and there is no 'dangerous probability' that it will acquire such power." Nevertheless, the Open Book Alliance counters: "

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com10tag:blogger.com,1999:blog-7103744202978179788.post-77420908910082649752010-02-07T14:38:00.000-08:002010-02-07T14:38:29.265-08:00

Over the last few months, the fears and drama surrounding the Google Book Project appeared to be settling down. However, the Department of Justice this past week objected to the revised settlement agreement, citing continuing concerns of class action certification, use of "orphan works", and antitrust issues. Nevertheless, the DOJ urged the parties to continue their tireless efforts toward a

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com1tag:blogger.com,1999:blog-7103744202978179788.post-13452184795240172092010-01-24T16:19:00.000-08:002010-01-24T16:19:33.459-08:00

Earlier this past week, President Obama's Department of Justice filed documents in support of a $675,000 judgment against Joel Tenenbaum for his unauthorized sharing of 30 songs on KaZaA. Shockingly, the DOJ asserted that Mr. Tenenbaum's actions amounted to a "great public harm". This is a blatantly inaccurate statement. The harm suffered by the RIAA (the copyright owners in this case) is not, by

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com2tag:blogger.com,1999:blog-7103744202978179788.post-27235373793177846672010-01-24T15:49:00.000-08:002010-01-24T15:49:07.055-08:00

While the RIAA announced back in December 2008 that it was partnering with ISPs and kicking individuals off the Internet for allegedly downloading unauthorized music, rather than initiating hundreds of lawsuits against such individuals, not a single ISP admitted to participating in the scheme. That is, not until this past week. Verizon has now acknowledged that it has, in fact, disconnected some

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-75384093616113849092010-01-16T13:38:00.000-08:002010-01-16T13:38:14.073-08:00

This past Wednesday, the 2d Circuit Court of Appeals held that the suit against Sony for price fixing will not be dismissed. According to the plaintiffs, Sony "restrain[ed] the availability and distribution of Internet Music, fix[ed] and maintain[ed] at artificially high and non-competitive levels the prices at which they sold Internet Music, and impose[d] unreasonably restrictive terms in the

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com3tag:blogger.com,1999:blog-7103744202978179788.post-55108116310536352582009-12-19T08:02:00.000-08:002009-12-19T08:02:53.010-08:00

Revised "Three-Strikes" legislation has reappeared in New Zealand, after a close but failed battle earlier this year. This time around, alleged infringers will only be disconnected after a proper court hearing with the new Copyright Tribunal, and penalties are capped at NZ $15,000. In cases of "serious" infringement, the Tribunal would be able to suspend the user's ISP account for up to 6 months.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-31587163094816572932009-12-18T08:30:00.000-08:002009-12-18T08:30:20.866-08:00

Today, Google was held liable for infringing French copyright law by maintaining a database of literary excerpts that had not been properly cleared in France. As a result, Google was socked with a $14,300-a-day fine and $430,000 in damages, to be paid to the French publishing group that brought the lawsuit. Google plans to appeal.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com1tag:blogger.com,1999:blog-7103744202978179788.post-29645201986730213252009-12-18T08:14:00.000-08:002009-12-18T08:14:37.639-08:00

In early December, lawmakers in Britain proposed a bill that would allow future revisions of UK copyright law to be effective without approval by the legislature. According to Treasury minister Stephen Timms, the unfettered discretion provision, or Clause 17, would "enable the government to react more quickly to new forms of online piracy that are not covered by the bill as it stands." To the UK

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com2tag:blogger.com,1999:blog-7103744202978179788.post-30769055922284041672009-12-18T07:48:00.000-08:002009-12-18T07:48:58.635-08:00

Mike Shatzkin, of the Idea Logical Blog, presents his take on the future of the book publishing business. According to Mike, "Publishers have always focused primarily on the content. Survival in the future will require focusing on the market." I couldn't agree more. Currently, content is ubiquitous, and consumers are increasingly expecting it all to be free. Thus, the real draw of a publisher

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-66203006868806001632009-11-22T18:33:00.000-08:002009-11-22T18:33:33.434-08:00

In light of vigorous protest from numerous entities earlier this year, Google has proposed a revised settlement regarding its massive Google Book Project. Under the new settlement, Google would only be able to scan out-of-print books from the U.S., UK, Canada, and Australia, and a Book Rights Registry would be established to pay authors and publishers, as well as look for copyright owners of "

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-77900563169590410182009-11-22T17:59:00.000-08:002009-11-22T17:59:12.271-08:00

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-10183070004629897322009-11-14T09:54:00.000-08:002009-11-14T09:54:56.482-08:00

Verizon has begun to send out notices to customers of ISP accounts suspected of engaging in copyright infringement. Whether or not this will affect online infringement has yet to be seen.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-42928887874591826982009-11-14T09:20:00.000-08:002009-11-14T09:20:32.169-08:00

"Only one thing is impossible to God: to find any sense in any copyright law on this planet!" ~M.T., Notebook 381, 23 May 1903

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-56986183165742901182009-11-13T08:35:00.000-08:002009-11-13T08:35:45.642-08:00

U.S. District Court Judge Alvin Hellerstein ruled last Tuesday that despite Fairey's dishonest shenanigans, he will be allowed to substitute counsel.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-4284373107393662542009-11-10T08:37:00.000-08:002009-11-10T08:37:43.711-08:00

The EU has dropped proposed language establishing a fundamental right to Internet access, thereby indirectly allowing France's "Three-Strikes" legislation to stand.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-740787483337660712009-11-02T07:35:00.000-08:002009-11-02T07:35:08.742-08:00

While The Pirate Bay no longer operates on Swedish servers, nor do two of TPB's operators live in Sweden, a Swedish court has nevertheless ordered all four operators to cease their connection and involvement with TPB, or else pay a fine of $71,000. Each.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-87762777311931408102009-11-02T06:58:00.000-08:002009-11-02T06:58:01.781-08:00

The UK government now plans to introduce a "Digital Economy Bill" modeled after France's "Three-Strikes."'

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-2632335895982287932009-10-30T20:51:00.000-07:002009-10-30T20:51:54.823-07:00

Authors in China have now joined the protest against Google's Book Settlement.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-8486894674018577112009-10-23T18:30:00.000-07:002009-10-23T18:30:06.487-07:00

The Amsterdam Court gives The Pirate Bay three months.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-365130994669045972009-10-23T07:35:00.000-07:002009-10-23T07:35:38.189-07:00

Last Wednesday, the Canadian Radio-Television and Telecommunications Commission ("CRTC") opted to implement a new framework that would clarify the proper procedures to be utilized by Canadian ISPs when dealing with Internet traffic management issues. The new procedures also require transparency; any practices utilized must be clearly reported on a consumer's bill. The new framework also allows

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-59131240086922587682009-10-22T21:54:00.000-07:002009-10-22T21:54:16.600-07:00

This past Thursday, France's Constitutional Court finally approved a "Three-Strikes" plan, making France the second nation to officially enact such legislation (the first was South Korea, earlier this year). Previously, the Constitutional Court opposed such action; the difference this time around is that disconnection of an allegedly-infringing individual's Internet account is overseen by a judge

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-648269650055902212009-10-21T07:42:00.000-07:002009-10-21T07:42:41.033-07:00

Due to Shepard Fairey's mea culpa, his lawyers are now planning to drop his case. However, AP's lawyers are not going to make it that easy. According to amended court filings, "The AP intends to oppose any such request because, among other things, it would significantly prejudice The AP as it would take new counsel a substantial amount of time to come up to speed. . . It would also inevitably

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-3376334069300975692009-10-20T09:00:00.000-07:002009-10-20T09:00:47.730-07:00

While news of Mr. Fairey's dishonest shenanigans (involving the covering up the true source of material for his iconic HOPE image) led to much speculation that what would have been an interesting fair use case has gone down in flames, the legal claims may still be valid, provided of course that the decisionmaker overlooks Mr. Fairey's recent dishonesty. In the case, Mr. Fairey is being sued for

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-36472149938127984652009-10-20T08:29:00.000-07:002009-10-20T08:29:49.701-07:00

As was expected, the full Pirate Bay appeal will be postponed so that the Swedish Supreme Court can determine whether several judges slated to hear the appeal have serious conflicts of interest. It is now anticipated that the appeal of the convictions handed out last April will be heard in Summer 2010.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-62289483155891468782009-10-19T09:42:00.000-07:002009-10-19T09:42:24.094-07:00

Linden Labs has added a real trademark law to govern virtual trademark infringements, prohibiting sales of counterfeit goods on Second Life. According to Pink Linden, Second Life's head of marketplaces, "The goal of these guidelines is to provide clear guidance on listing practices that are not allowed because they can be misleading for shoppers and can lead to infringement of brand owners'

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-35962465344599246142009-10-18T21:43:00.000-07:002009-10-18T21:43:34.861-07:00

Consistent with the recent directions taken by the European Union, Finland just passed a law providing that all individuals have a right to broadband Internet access. According to Communications Minister Suvi Linden, "We decided that broadband connections are no longer this kind of luxury product and just for entertainment," but rather part of Finland's effort to develop an information society.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-10511155069688387682009-10-18T09:28:00.000-07:002009-10-18T09:28:15.746-07:00

The appeal of Pirate Bay operators from a conviction of criminal copyright infringement last April is slated to take place in November; however, their supplementary appeal regarding conflicts of interest of two of the appeals court judges who are slated to hear the case will likely delay the hearing until the matter is reviewed by the Swedish Supreme Court.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-52947857290872934022009-10-16T10:40:00.000-07:002009-10-16T10:41:37.649-07:00

Federal Judge Denise L. Cote of the Southern District of New York recently granted AT&T and Verizon's motions for summary judgment in the cases of In Re Application of Cellco Partnership d/b/a Verizon Wireless and In Re Application of AT&T Mobility. Judge Cote ruled that neither AT&T nor Verizon shall be directly or secondarily liable for payment of public performance royalties to ASCAP whenever

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-2365995713461572322009-10-08T22:01:00.000-07:002009-10-08T22:01:20.218-07:00

The GBS "Final Fairness Hearing" has now been rescheduled for November 9.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-71754505881841812332009-10-02T07:26:00.000-07:002009-10-02T07:27:05.052-07:00

While the Global Gaming Factory tried hard to purchase TPB, the sale date has come and gone with no announcement. The unconsummated sale is likely due to the financial troubles of Global Gaming's CEO, Hans Pandeya. In other news, while TPB recently prevailed on appeal in an action against FIMI (Italy's recording industry group), Italy's Court of Cassation (higher court) reinstated the earlier

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-28170230635351829602009-10-01T10:19:00.000-07:002009-10-02T07:15:00.880-07:00

The Google Book Project ("GBP") is an attempt by Google to compile a massive digital archive of all books available everywhere, either in- or out-of-print. Three years ago, the Authors' Guild ("AG"), the Association of American Publishers, and other authors and publishers filed a class action lawsuit against Google, citing concerns with the possible privacy, antitrust, and copyright implications

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-7182478243016986162009-09-27T08:45:00.000-07:002009-09-27T08:46:17.243-07:00

In late August, after a year of protest by various individuals and consumer rights groups, the U.K. government began reconsideration of threatening complete Internet disconnection of the accounts of allegedly-infringing individuals.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-35481299344275987042009-09-26T08:52:00.000-07:002009-09-26T08:52:52.390-07:00

China, the so-called "bastion" of rampant digital piracy and ineffective intellectual property enforcement, recently announced a new system that would require all foreign music, available online, to be approved by the government. As such, all foreign songs and their lyrics must be OK'd by the Chinese government before any digital distribution could occur. According to the Chinese Ministry of

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-89817723972130437362009-09-26T08:33:00.000-07:002009-09-26T08:33:52.274-07:00

The recent events surrounding The Pirate Bay ("TPB") litigation earlier this year and through the summer months only go to show the ineffectiveness of both legal and private action against websites of this nature. On July 30, a Dutch court ordered the site to cease operations in the Netherlands, threatening a daily fine of $42,000. Nevertheless, the site is still up and running, as the

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-60548400772249743552009-09-26T07:41:00.000-07:002009-09-26T08:35:44.644-07:00

You can't say that the French have not been trying hard enough to pass "Three-Strikes" legislation; on September 15, France's lower parliament (the National Assembly) passed yet another version of a graduated response plan, first introduced in 2007. This time around, the proposed legislation requires judicial oversight over the disconnection of individual Internet accounts. The bill must now

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-40749145843780291192009-08-16T11:32:00.000-07:002009-08-16T12:14:22.347-07:00

For all my readers out there, you may be wondering whether I have abandoned this blogging project, given the vast amount of time that has passed since my last update. My sole excuse is the bar exam, which took place in late July. Moreover, as early notice to you readers, I will be overseas from mid-August until mid-September. Thus, my posts will likely be sparse and erratic over the next several

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-40235031455703111052009-07-15T19:28:00.000-07:002009-07-15T20:30:23.225-07:00

There have been a few developments in the last few months regarding regarding graduated response plans, or "three-strikes" laws. Here is a brief summary.FranceIn spite of France's highest court ruling against implementation of the latest "three-strikes" policy on the grounds that the bill was unconstitutional, French President Nicolas Sarkozy is still not giving up. In the first presidential

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-2495226244186412032009-07-03T08:30:00.000-07:002009-07-03T08:36:32.842-07:00

Predictably, Mrs. Thomas-Rasset has refused to settle with the RIAA. Just as predictably, Mrs. T-R will appeal the $1.92 million award.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-49493400923405253602009-07-03T08:15:00.000-07:002009-07-03T08:28:09.093-07:00

The Pirate Bay has just been purchased for $7.8 million by the Global Gaming Factory ("GGF"), a Swedish company that operates Internet cafes. According to the CEO of GGF, Hans Pandeya, "We're a publicly listed company, so whatever we take over has to be legal...To be legal, you have to have content providers who are paid. That's what we want." Interesting stance, given the recent activities of

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-76678789007954699682009-06-29T18:06:00.000-07:002009-06-29T18:15:30.744-07:00

The Pirate Bay, the Swedish website recently held liable for secondary copyright infringement, has announced the launch of a new video streaming service, The Video Bay. Of course, there will be no copyright restrictions. While the site is not yet fully functional, the creators are currently soliciting help from eager fans, thereby increasing the likelihood that it will not be long before fans can

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-72843991952881017352009-06-29T16:25:00.001-07:002009-06-29T16:44:09.214-07:00

Today the Supreme Court denied certiorari of the Cablevision case, CNN v. CSC Holdings, Inc., which raised the question of the legality (or illegality) of remote DVRs. The denial effectively affirms that storage of pre-recorded shows at Cablevision's central servers, upon customer request, is legal. However, while the case dealt with whether buffer copies were direct copyright infringements under

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-61561272650251973452009-06-18T15:06:00.000-07:002009-06-19T11:16:40.725-07:00

Stay tuned for discussion to follow.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-10999229130103960912009-06-17T18:28:00.000-07:002009-06-17T18:38:37.056-07:00

Due to other pressures, I was unable to attend the trial today. However, Nate Anderson of Ars Technica and Ben Sheffner of Copyrights & Campaigns have both written engaging accounts of today's events, which included emotional testimony from the defense's sole witness, Jammie Thomas-Rasset.Up NextClosing arguments are scheduled for 9am tomorrow, and the jury will receive their instructions (

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-73851469593454719872009-06-17T13:18:00.000-07:002009-06-17T13:29:45.518-07:00

Japan has recently amended its copyright laws to make it illegal for users to download copyrighted digital files that have been uploaded without the copyright owner's consent. In an infringement action, this would require the copyright owner to prove that at the time the downloading took place, the user was aware that the file had been uploaded without authorization.However, there appears to be

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com2tag:blogger.com,1999:blog-7103744202978179788.post-20962490559382675042009-06-16T21:10:00.000-07:002009-06-16T22:01:45.993-07:00

This morning the plaintiffs presented another expert witness, a Dr. Jacobson, to testify as to the intricacies of Internet computer technology. A tense moment occurred when some testimony was introduced that had not been previously disclosed to defense counsel. As a result, Judge Davis threatened to throw out the entire testimony. In the end, however, counsel agreed to instruct the jury to

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-84210354983930283462009-06-15T20:36:00.000-07:002009-06-16T22:02:47.960-07:00

The much-anticipated retrial of Jammie Thomas, the woman accused of unauthorized file-sharing over peer-to-peer networks, began this morning at the U.S. District Court in Minneapolis. I will be covering as much of the trial as I can; however, I will only be able to attend in the afternoons.The JuryThe jury consists of twelve jurors; seven women and five men. All appear to be white and between the

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com3tag:blogger.com,1999:blog-7103744202978179788.post-10365814840580538542009-06-11T20:50:00.001-07:002009-06-11T21:04:51.568-07:00

Judge Michael Davis ruled today on several motions in limine to (1) allow the plaintiffs' investigative evidence acquired by MediaSentry; (2) limit the scope of Jammie Thomas-Rasset's expert testimony; and (3) throw out Mrs. Thomas-Rasset's fair use defense. While there has been a lot of publicity and excitement surrounding the retrial scheduled to begin this coming Monday, these rulings appear

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-73952803744363929782009-06-11T18:03:00.000-07:002009-06-11T18:13:04.389-07:00

“Three Strikes and You’re Out”:The Graduated Response Plan around the WorldGovernments are beginning to accept that, in the debate over ‘free content’ and engaging Internet service providers in protecting intellectual property rights, ‘doing nothing’ is not an option. -John Kennedy, Chairman and Chief Executive of the International Federation of the Phonographic Industry (“IFPI”)Lydia S. LuiNote

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com2tag:blogger.com,1999:blog-7103744202978179788.post-54686502619498572772009-06-11T17:07:00.000-07:002009-06-11T17:50:58.609-07:00

Likely influenced by the European Parliament's recent declaration that an individual has a fundamental "right to Internet," the highest French constitutional authority ruled yesterday that the HADOPI law authorizing disconnection of alleged copyright infringers from the Internet without judicial adjudication (passed by the French Parliament last month) infringes this fundamental "right to

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-3762897527086402732009-06-03T10:11:00.000-07:002009-06-03T10:32:07.722-07:00

In 2007, the small Minnesota town of Monticello was unhappy with the locally-provided DSL and cable options. Thus, the town decided it needed its own fiber optic network, paid for by local city bonds. Predictably upset, the local DSL and cable provider brought suit against the city, claiming that Minnesota law does not allow city bonds to finance fiber networks.Today, the Minnesota Court of

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-78791735330334915022009-05-24T10:43:00.001-07:002009-05-24T10:47:30.540-07:00

For those of you eagerly anticipating the reprise of the Jammie Thomas trial, head over to the U.S. Courthouse 15E, 300 South Fourth Street, Minneapolis, at 9:00 am on June 15 to catch the action in person.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-25065693629203961882009-05-24T08:23:00.000-07:002009-05-24T08:47:03.839-07:00

Since the guilty verdict was rendered on April 17, 2009, The Pirate Bay continues to operate as usual (which, according to the record companies and the Swedish court, continues to infringe their copyrights). Or course, the record companies are well aware of the situation, having recently downloaded over 400 albums directly from The Pirate Bay. As such, the companies are now requesting the Swedish

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-20306344579693865402009-05-19T19:42:00.000-07:002009-05-19T19:51:31.924-07:00

K.A.D. Camera, the youngest person ever to enter Harvard Law School (at age 17), will likely take over as lead counsel in the Jammie Thomas case.According to Brian Toder, Thomas's now ex-attorney,Grounds for the motion are that movant has caused there to be highly competent, substituted counsel, intimately familiar with the case, who do not require a continuance respecting any of the scheduled

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-2952782396692247422009-05-17T08:06:00.000-07:002009-05-17T08:19:25.231-07:00

Tune Hunter, a music-identification program, has sued multiple electronics makers, wireless providers, and online music retailers, including Shazam, Samsung, Apple, Amazon.com, Napster, Motorola, Gracenote, Verizon Wireless, LG Electronics, AT&T Mobility, and Pantech Wireless, for patent infringement.Tune Hunter is claiming that said companies are infringing its patented system of music

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-22423392895065830932009-05-15T23:41:00.000-07:002009-05-16T00:03:02.923-07:00

Brian Toder, attorney for Jammie Thomas (the Brainerd woman sued by the RIAA for making copyrighted files available and who received a guilty jury verdict in October 2007 for $220,000), has now filed a motion with Judge Michael Davis to withdraw from the upcoming retrial, scheduled for June 15, 2009. This motion follows an unsuccessful attempt by the RIAA and Ms. Thomas to settle the case.Mr.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-19378272049233058582009-05-12T12:56:00.000-07:002009-05-12T13:00:21.208-07:00

The RIAA recently sent Ars Technica new data from 2008 that indicates legal music downloads have exceeded the amount of illegal downloads for the first time ever.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-6854152304216882902009-05-12T07:42:00.000-07:002009-05-12T07:55:10.224-07:00

A nice two-part explanation of the similarities between Joe Satriani's "If I Could Fly" and Coldplay's "Viva La Vida" can be found on YouTube. Part Two is particularly helpful, as Part One focuses purely on the chord progressions and tempo, both of which are not likely to be as important in an analysis of substantial similarity (and not likely copyrightable). Nevertheless, it is clear from Part

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-87668433670336325422009-05-11T15:23:00.000-07:002009-05-11T15:37:38.346-07:00

Cat Stevens and Creaky Boards have joined Joe Satriani in his quest to hold Coldplay liable for copyright infringement through their popular hit song, "Viva La Vida." Visit this NPR link to hear the three "earlier" versions and see for yourself whether there is "substantial similarity" between the tunes.

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com2tag:blogger.com,1999:blog-7103744202978179788.post-20429830426602366122009-05-10T12:17:00.000-07:002009-05-10T12:20:56.207-07:00

Queen Elizabeth II in charge of the world's worst copyright regime?

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-21127863856038734412009-05-09T08:42:00.000-07:002009-05-14T08:48:09.992-07:00

Here's a link to Louise Sherman's video interview and article, Copyright Blues: Peer-to-Peer Downloading and the Common Threat to Individual Users in the United States and France, also published in Volume 1 Issue 1 of the IP Research Series, Fall 2008.Here's the abstract:This paper focuses on the international intersection of the rights of copyright owners and individual end users, as embodied in

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-5178734323321418682009-05-08T08:49:00.000-07:002009-05-14T08:55:29.089-07:00

Here's a link to Joshua Jones's video interview and article, Rent to Own: How the Record Rental Amendment of 1984 Actually Hurts the Music Industry, also published in Volume 1 Issue 1 of the IP Research Series, Fall 2008.Here's the abstract:It used to be that consumers could walk into a store and rent musical recordings, similar to how they go to movie rental stores today. The Record Rental

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0tag:blogger.com,1999:blog-7103744202978179788.post-78074700009276311682009-05-05T08:27:00.000-07:002009-05-14T08:41:02.902-07:00

Here's a link to Draeke Weseman's video interview and article, Future Shock and the Copyright Act of 1976: Is Merely Making a Copyrighted Work Available for Digital Transmission a Violation of Section 106(3)?, published in Volume 1 Issue 1 of the Intellectual Property Research Series, Fall 2008.Here's the abstract:"Future Shock" is a psychological state that results when technology outpaces human

Lydia S Luihttp://www.blogger.com/profile/12993753467049880331noreply@blogger.com0