In the News
Naomi Gilens, Chilling Effects Staff, March 03, 2014
Abstract: Last week, Lawrence Lessig reached a settlement agreement in his lawsuit against Australian record label Liberation Music over the label's wrongful removal of content Lessig posted to YouTube. The settlement is a victory for fair use advocates, and underscores the need for DMCA reform.
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Chilling Effects Team, October 28, 2013
Abstract: As a brief follow-up to our earlier stories about Greg Thatcher and his website with bank routing numbers, we've heard from Greg and his lawyers with good news. UPDATE: The ABA finally did respond, with what can only be described as a "sour grapes" letter.
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CBS Tells Court: No One Could Possibly Read Our Statements 'We Will Sue Aereo' To Mean We Will Sue A, Mike Masnick, TechDirt, May 31, 2013
Abstract: CBS threatened to sue Aereo if it launched in Boston, as announced. However, CBS now is trying to claim that when it made those statements, it didn't really mean it would sue Aereo, so there's no controversy and the case should be dismissed.
Universal Music Tells Gangnam Parody Mayors: Pay $42,000 By Tomorrow, Or Else, Andy, Torrent Freak, May 30, 2013
Abstract: Four mayors in Denmark now know what it�s like to become a target of an international recording label out for blood over copyright. The controversy stems from the publication of a YouTube video featuring the officials dancing to Gangnam Style. Universal Music, the company holding the copyright to the original track, have warned the mayors that unless they pay $42,000 by tomorrow, a copyright infringement battle will follow.
Adam Holland, May 13, 2013
Abstract: A Massachusetts court is hearing a case triggered by a DMCA takedown notice in which the sender admitted that they new the recipient had a fair use claim.
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Intellectual Property Owners Association Against Helping The Blind Because It Would 'Set A Dangerous, Mike Masnick, May 08, 2013
Abstract: "....the decades-in-waiting WIPO treaty process to help them get more access to content by creating clear carveouts in copyright law that protect the rights of the blind and of those who are transforming works for the blind. Basically, it's about protecting the fundamental rights of the blind to have access to information that others have because they have sight. This process has gone on for ages, in large part because copyright maximalists absolutely fear the idea that anyone might put forth an agreement that ever so slightly pushes back on the maximalist agenda. "
USTR Special 301 Report Doesn't Even Mention Germany Trampling Fair Use, Mike Masnick, TechDirt
Abstract: A new German copyright law re: quoting "snippets" explicitly violates Article 10(1) of the Berne Convention, but the USTR's Special 301 Report doesn't even mention this.
Things You Don't See Every Day: MPAA Argues For Fair Use In Court, Mike Masnick, TechDirt, April 10, 2013
Abstract: Whaaaaaat?!
MPAA argues fair use... when it suits them to do so.
Adam Holland, February 27, 2013
Abstract: A Canadian reporter posted an unflattering audio clip of a big company's conference call onto a US website. The company filed a DMCA notice with the host to get it removed, asserting copyright in the recording. So far, the host, Chirbit has left the clip up, asserting that it is a fair use.
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DOJ Admits It Had To Put Aaron Swartz In Jail To Save Face Over The Arrest, Mike Masnick, Eric Goldman's Tech & Marketing Law Blog, February 25, 2013
Abstract:
At a briefing for Congressional staffers on the DoJ's role in the Aaron Swartz prosecution, some staffers came away with the "impression that prosecutors believed they needed to convict Swartz of a felony that would put him in jail for a short sentence in order to justify bringing the charges in the first place, according to two aides with knowledge of the briefing."
Jaw-dropping and tragic if true.
Two Famous Journalism Institutions Shame Themselves By Not Standing Up For Basic Fair Use, Mike Masnick, TechDirt, February 11, 2013
Abstract: "The whole point of fair use is that you do not need permission. That's what fair use means. If you needed permission, you are not making use of your fair use rights. "
The Knight Center for Journalism at the University of Texas at Austin and the Poynter Institute cave in to a Twitter user's assertions about the re-publishability of her Tweets, failing to assert their fair use rights. and in so doing, get fair use completely wrong.
Wendy Seltzer, December 19, 2007
Abstract: Earlier this month, comedy group The Richter Scales released a funny music video, "Here Comes Another Bubble." The video showed a montage of Silicon Valley images over a sound-track adapted from Billy Joel's "We Didn't Start the Fire," lampooning the Web 2.0 bubble that seems near bursting again. The video must have touched a nerve, as well as a funny bone, because it got wide linkage and discussion and became the week's top-rated video. Then, it was removed from YouTube, "due to a copyright claim by a third party."
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Peter Ostrovski, November 12, 2007
Abstract: Prince is threatening to sue his biggest fansites for improperly hosting content featuring his likeness.
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Associated Press, October 26, 2007
Abstract: The Associated Press reports that presidential candidate John McCain has rejected Fox's call to "cease and desist" from using Fox debate footage in a campaign ad. Fox is apparently claiming infringement by the use of 18 seconds from a 90 minute debate, in which Sen. McCain is the speaker. Political argument, even in the heated sound-bite form of campaign ads, is at the core of First-Amendment protected speech. This kind of commentary use, of newsworthy material available only from Fox, suggests that not only McCain, but the general public should have greater access to debate footage.
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Sarah Simmons, Samuelson Law, Technology & Public Policy Clinic, UC-Berkeley School of Law (Boalt Ha, October 13, 2006
Abstract: LimeWire appears to be fighting back hard against the RIAA. In answer to the RIAA’s August lawsuit against LimeWire (Arista v. LimeWire), LimeWire has responded aggressively with a counterclaim against the RIAA alleging illegal cartel formation resulting in antitrust violations, consumer fraud, and other misconduct.
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Dow Jones/the Associated Press, Los Angeles Times, September 22, 2006
Abstract: The artist who created Wall Street's famed "Charging Bull" statue has filed a copyright suit against Wal-Mart Stores Inc., North Fork Bancorp and others over their use of images of the bull.
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Samuelson Law, Technology & Public Policy Clinic, November 05, 2005
Abstract: It was a cold day for music lovers when security experts discovered that recent CDs released by Sony BMG Music Entertainment contain a DRM scheme that threatens to compromise the security of consumers’ computers. The DRM scheme is enforced by the automatic installation of a software program the first time a user inserts one of the protected CDs into a computer. Unfortunately, the poorly executed software leaves a significant security hole on users’ computers that may be exploited by malicious programs, and is difficult to remove because it employs methods similar to those used by spyware and other malicious software to thwart detection and removal. Removal of the software, provided that a user actually manages to figure out how, disables the CD-ROM drive on the computer. After much outcry, Sony BMG has released a “fix”; however, questions linger as to the software update, which does not actually remove the DRM software.
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