Weather Reports

iPhone Jailbreaking and the DMCA

Sinny Thai, University of San Francisco Internet + Intellectual Property Justice Clinic, December 15, 2010
Abstract: The Digital Millennium Copyright Act (DMCA) was originally enacted to prohibit “circumvention” of digital rights management and “other technical protection measures” used to protect and control access to copyrighted works. The DMCA has since cast a wide net to protect copyrighted material even when the use of the copyright materials arguably may be permissible under fair use guidelines.
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East Coast Enlightenment - Protect the Innocent

David Abrams, Chilling Effects Clearinghouse, May 21, 2010
Abstract: A recent ruling by the Court of Appeals for the Second Circuit, applicable to residents of Connecticut, New York, and Vermont, appears to recognize the "innocent infringer" defense for copyright infringement of sound recordings. This runs counter to decisions of two other circuit courts which effectively read this defense out of the law for music infringement. In addition, the decision defines a record album as a single "work" to which only a single statutory penalty applies, rather than holding that each song on the album is a separate work, thus reducing the risk of ruinous penalties for innocent infringement.
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Careful What You Download - What You Don’t Know Can Cost You

David Abrams, Chilling Effects Clearinghouse, March 5, 2010
Abstract: A second federal appeals court has now eviscerated the “innocent infringer” defense for copyright infringement, this time for residents of Louisiana, Mississippi and Texas. The court concluded that, as long as a copyright notice appears on a physical CD somewhere, anyone who illegally downloads that music from the Internet is subject to the higher $750 statutory minimum damages; even if that person believed he or she had permission to download the material. In 2005, a different appeals court made a similar ruling affecting residents of Wisconsin, Illinois and Indiana.
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Viacom Tells YouTube: Hands Off

GERALDINE FABRIKANT AND SAUL HANSELL, New York Times, February 3, 2007
Abstract: In a sign of the growing tension between old-line media and the new Internet behemoths, Viacom, the parent company of MTV and Comedy Central, demanded yesterday that YouTube, the video-sharing Web site owned by Google, remove more than 100,000 clips of its programming. Viacom, along with other major media ...
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Copyright Questions Dog YouTube

Verne Kopytoff, San Francisco Chronicle, October 27, 2006
Abstract: The proliferation of pirated video and music uploaded by users -- everything from concert footage of pop band Death Cab for Cutie to clips of "Gone With the Wind" -- has made YouTube a target of the entertainment industry, which fears that the illegal free-for-all will crimp its profits.
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