CopyrightInfringement
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Daily Update for Sept. 7, 2011
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all the top Apple stories of the day in three to five minutes, which is perfect for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for listening through iTunes, click here. No Flash? Click here to listen.
Zediva puts the brakes on its streaming service, soothes your fears with monkeys
Zediva fought the law and the law shut it down. The unique DVD rental service, sued by the MPAA and Hollywood studios for running afoul of licensing and distribution agreements, has temporarily closed shop. A statement on the outfit's website optimistically refers to the court-ordered injunction as an "intermission," pointing to a hopeful future resumption of operations, and guaranteeing customers a solution for unused credits. The company's promised to fight back against Judge Walter's decision, and is in the process of appealing the ruling that could see it facing a permanent service blackout. We hope for the sake of its "DVD-changing monkeys" that all parties involved can work this out. Make sure to head past the break for Zediva's full explanation.
US judge won't return seized URL to Rojadirecta.com, absolutamente no
Welcome to the homepage of popular sports streaming and p2p site Rojadirecta.com. Why all the birdy logos and harsh words about going to prison? Well, it's a convoluted story, which began when a whole bunch of sports sites -- including Rojadirecta -- were summarily seized by US Immigration and Customs Enforcement, based on "probable cause to believe" they'd been involved in copyright infringement. Awkwardly, the Spanish owners of this particular site had already been cleared of any wrongdoing by courts in Spain, but this counted for nada because their .com URL was American. So, their one hope was to convince a US judge that the seizure violated the First Amendment and should be overturned. This case won support from freedom of speech activists like the Electronic Frontier Foundation, but on Thursday it finally failed. The presiding judge ruled that no rights had been violated, because Rojadirecta could easily set up shop at a non-US address and continue to function. Bad news indeed for the Spaniards -- maybe they should move to the UK, where due process takes a whole lot longer.
Zediva's DVD rental service ordered to close shop, Hollywood pops celebratory bubbly
Zediva's loophole-exploiting DVD rental service has just been dealt a lethal blow by Judge John F. Walter. The recent court-ordered preliminary injunction effectively halts the company's ability to rent its library to users across the internet's great streaming divide. Citing irreparable damages to both the nascent video on demand market and Hollywood's bottom line, the federal judge found Zediva's business in violation of studios' exclusive right to public performance of copyrighted works. The bizarro Netflix alternative had been operating without the normal licensing restrictions required by the industry and despite its claims of imminent ruination, will have to close shop. For its part, the unique startup has vowed to appeal the ruling, but if that doesn't work, at least its creators can watch No Strings Attached ad nauseum.
British judge doesn't like the cut of Newzbin 2's jib, orders BT to block it
Shiver-me-timbers, it looks like the movie studios' latest legal broadside just scored a direct hit against the big bad pirate ship. A UK judge has ordered telecoms giant BT to block its subscribers from visiting Newzbin 2, a site which aggregates Usenet downloads, on the simple basis that BT knows some of its customers are using the site to breach copyright law and therefore has a duty to stop them. This counts as an unprecedented victory for the Motion Picture Association, who brought the case, and it potentially arms them with a new weapon to force ISPs to block other sites in future. Could that be Newzbin 3 we spy on the horizon?
Sun CEO's deleted blog post to help end Oracle vs Google patent dispute?
Ever heard of estoppel? The term, sadly, does not denote a new German electronic bus service, but is rather a court-ordered way of telling companies "no backsies" on previously made public statements. It could also prove to be another nail in Oracle's patent dispute coffin, should Google's latest Wayback Machine defense hold up. Thanks to the internet's never say die policy, a 2007 post, recently deleted by Oracle, from Sun Microsystem's then CEO Jonathan Schwartz has surfaced, in which he enthusiastically endorsed Android's Java base. The public statement falls in line with the aforementioned legal doctrine, potentially contradicting new owner Oracle's patent infringement claims. Unfortunately for both parties, Judge William Alsup doesn't seem to be too cool under the collar as he's reportedly blasted each for "asking for the moon" and chiding them to "be more reasonable." A final ruling in this case is still a ways off, but in the meantime you can head to the source to read Schwartz's damning praise for yourself.
Judge tells Oracle to rethink $2.6 billion claim against Google
The war between Google and Oracle is far from over, but the big G keeps racking up tiny victories in what are admittedly modest battles. Now the Redwood Shores-based company has been told to go back to the drawing board with its damages report. Originally Oracle sought $2.6 billion, but its theories were largely dismissed and Judge William Alsup suggested an alternative starting point of roughly $100 million. The company still has an opportunity to present a new report, one that will likely seek much more than the proposed $100 million, but things are looking increasingly tough for the claimant. It wasn't all good news for Goog, though. While the judge told Oracle to narrow its focus from Android as a whole to just specific infringing features, he did agree that related advertising revenue should be included in the theoretical royalty base. He also offered harsh criticism for what he viewed as its "brazen" disregard for intellectual property rights. The trial is still scheduled for October, so we should have a better idea of how this whole thing will play out by Halloween.
Judge denies Apple's request to speed up its suit against Samsung
Apple's lawyers in its lawsuit against Samsung are an impatient bunch. First, they asked the court for an accelerated discovery process so they could get their hands on Sammy's forthcoming products ASAP. Then they filed a motion to trim the time until trial and asked for an order shortening the time to file the briefs for that motion. Yesterday, the court told Apple to slow its roll by denying its request to compress the briefing schedule. In doing so, the judge cited Apple's knowledge of Samsung's alleged infringement for more than a year and the fact it engaged in license negotiations with the Korean company during that time -- which the court thinks undermines Jobs and Co.'s argument that they'll suffer substantial harm without a hurried hearing schedule. It's a minor ruling in the grand scheme of things, but it indicates that Apple's cries to condense the time until trial may fall upon deaf judicial ears. Looks like the folks in Cupertino may have to look to the ITC if they want the rocket docket treatment.
Visualized: Samsung wants to see the iPhone 5 and iPad 3
Samsung lawyers recently asked the court to make Apple show them the as-yet-unannounced iPhone 5 and iPad 3, claiming that they need to know what Apple's products will look like ahead of time to avoid future lawsuits and uncanny similarities.If only it were this easy.
Hurt Locker lawsuit targets a record-breaking 24,583 IP addresses
It's been almost a year since the producers of The Hurt Locker filed a lawsuit against 5,000 alleged pirates suspected of distributing the film via BitTorrent. Now Voltage Pictures has updated its complaint, adding almost 20,000 IP addresses to the list of defendants. That makes it the largest file-sharing lawsuit of all time -- a crown previously held by the company behind The Expendables, according to Wired. The plaintiff has already reached agreements with Charter and Verizon to identify individual users, but no such deal with Comcast, who owns nearly half the supposedly infringing addresses. Linking those addresses with user accounts would let Voltage manage individual settlements -- probably somewhere between $1,000-$2,000 -- rather than continue legal action. All of this eerily echoes the Oscar-winning film's plot, about an adrenaline junkie who couldn't resist downloading just one more movie. Or defusing one more bomb. We're a little fuzzy on the details, but venture into TorrentFreak to scan for familiar IP addresses.
Google hires Java founder James Gosling amid Oracle infringement suit - ah, snap!
And the war wages on... We've been reporting on the showdown between Oracle and Google over Java-related patent infringement since its inception, and now El Goog's throwing a little extra excitement into the fray by hiring Java founder, and former VP of Sun Microsystems, James Gosling. When Oracle acquired Sun last year, Gosling, who refused to take part, wasn't shy about expressing his views, calling Oracle's Larry Ellison "Larry, Prince of Darkness." On a post to his blog, which has since crashed, Gosling was vague about his new duties saying simply, "I don't know what I'll be working on. I expect it'll be a bit of everything, seasoned with a large dose of grumpy curmudgeon." That's just the kind of smack talking this scuffle needed to keep things interesting. Long live James Gosling!
Microsoft asks state lawmakers to make domestic companies pay for foreign firms' software piracy
Microsoft's pirated software police have been going after companies abroad for years, but getting those far-away folks into US courtrooms isn't easy. What is easy, however, is suing the folks in your own back yard -- which is why Microsoft is lobbying to get laws passed in several states that'll put US businesses on the hook for the pirating ways of their foreign suppliers. For example, if a manufacturer uses pirated software in the "manufacture, distribution, marketing, or sales" of products sold in Washington, Microsoft could sue the vendor of those products and get an injunction to stop the goods from being sold. So Washington widget retailers would be liable for the piracy of their foreign widget manufacturers, even if the illicit act was merely creating the sales invoice on a counterfeit copy of Word. The Washington state Senate and House have already approved different versions of the bill, and the legislature is in the process of merging the two together for final approval. Louisiana passed a similar law last year, and analogous bills have been proposed in Oregon and several other states as well. Numerous companies -- including Dell, IBM, Intel, and HP -- oppose the laws, as they see them giving Microsoft the power to not only drag them into court, but also futz with their supply chains. (There's bound to be some counterfeit software being used in Shenzhen, right?) As Microsoft's latest anti-piracy scheme unfolds, there should be plenty more legislative action to come. Evidently the crew in Redmond doesn't see piracy as a problem to be fixed by lowering prices.
Viacom files appeal in YouTube copyright case, continues to 'drag it out'
Don't worry -- that "drag it out" bit belongs to Google, not us. If you'll recall, the suits in Mountain View threw an underground party back in June when the federal court ruled that YouTube fell under the "safe harbor" provision of the DMCA which protects service providers from liability for user content. In essence, this ensured that Google couldn't be sued or held liable for damages caused by some prankster uploading a ripped episode of 30 Rock to the site, being that Google has promised to yank it post-haste if notified by the copyright owner. That essentially puts the burden of policing on the content creator, but (sensibly) frees Google from the impossible feat of looking at every single clip that gets uploaded before making it live to the world. Just to give you a little perspective, 24 hours of video are uploaded to YouTube every minute, and that's expected to become even greater as time passes. Despite the logic (and the ruling of the court), Viacom has today filed a 72-page appeal in a likely futile attempt to fight back. All Things D highlights a killer quote from Viacom in the report -- apparently it thinks that if the ruling stands, it'll "radically transform the functioning of the copyright system and severely impair, if not completely destroy, the value of many copyrighted creations." As for Google's response? "We regret that Viacom continues to drag out this case. The court here, like every other court to have considered the issue, correctly ruled that the law protects online services like YouTube, which remove content when notified by the copyright holder that it is unauthorized. We will strongly defend the court's decision on appeal." We doubt anything will turn out differently the next go 'round, but obviously we'll be watching with great interest. Now, back to that clip of 30 Rock we were enjoying quite legally on Hulu...
Gibson sues WowWee, retailers over Paper Jamz toy guitars; would rather some other company get all that free advertising (video)
It looks like WowWee is learning the implications of that old saw, "imitation is the surest way to get your company sued." That's right, the company's radical looking, fun for about twenty minutes, paper-thin plastic toy guitars have recently drawn legal fire from Gibson, who recognizes a distinct resemblance between some classic axes (like the Flying V and the Les Paul) and the aforementioned Paper Jamz line. Which we could certainly see -- even if WowWee hadn't name dropped Gibson in its product literature (which seems to us to be rather on par with taunting the company outright). And if that weren't bad enough, the company is going after retailers, such as Toys 'R Us and eBay, who it claimed kept selling the things after receiving a cease and desist letter. Of course, this raises a few questions: At which point is a design so ubiquitous that it becomes fair game for companies like WowWee? And wouldn't Gibson want the kiddies (who will be ready to move up to real guitars soon enough) hooked on their brand? And most importantly -- when are we getting a Paper Jamz Rickenbacker? Because there has to be an easier way to be like Paul Weller. Commercial after the break (it adds nothing to the post, but it's kind of a laugh).
Model suing Apple over pics in iPhone app
A 19-year-old Long Island yoga instructor and model is suing Apple and developer Samba Studios over racy photos of her that are featured in an iPhone app called eXtreme Cam Girls. The app, which has apparently been removed from the App Store, features self-portraits of Rebecca Battino in a scanty swimsuit that she took when she was 16 years old. She's not quite sure how the photos ended up in the app when they were being stored in the iPhoto library on her Mac. According to the scoop in the New York Post, Battino isn't embarrassed by the photos; she's just upset that she has never been paid for the use of her image in the app. In the copyright infringement lawsuit, Battino is asking for $1 million in damages from Apple and Samba Studios. Samba Studios has a number of other sexually-oriented apps in the App Store, including eXtreme Sex Positions and Lesbian Kama Sutra Sex Positions. [via MacObserver]
Meizu M8 ceases production amid pressure from Apple and intellectual property office
Well, can't say we didn't see this coming; we're just surprised that it's taken this long for Meizu to take a hit over its notorious handset. In case you have no idea what we're talking about, earlier this month said Chinese company's been in heated talks with Apple due to the M8 smartphone bearing an "appearance roughly similar" to the iPhone. Seriously, that's the only reason Apple provided for the accusation, if CEO Jack Wong is to be trusted (and hey, he did kinda ask for it). Anyhow, the latest development is that Meizu's bowing to pressure from both the provincial intellectual property office and Cupertino, and announced that it's shutting down production lines for its flagship M8 this month. This is no doubt a big blow to the company, but it might get even nastier -- here's what Jack said in one of his many frustrated forum postings: Apple requested that we cease manufacturing the M8 this month, we agreed but then [Apple] came back and asked for a sales ban instead. I can cope with a production freeze, but not with having our shops closed and thus not being able to use up our inventory. If Apple and the provincial IPO take another insatiable step, I can only go head to head against them. So, it looks like the M8's all set for an early retirement, either way -- it doesn't look like Apple's going to let this one go easily, and Jack's also expressed concern over the fact that the IPO has the power to shut his factory down without going to court. That said, things are still looking positive for the elusive M9 -- from the sounds of it, Meizu's upcoming Android phone isn't affected by this takedown (yet); but the question is whether Jack and co. can keep the shops running until a December launch for their next flagship device. Oh well, hang in there, Meizu!
The Lawbringer: The trouble with fan fiction
Pop law abounds in The Lawbringer, your weekly dose of WoW, the law, video games and the MMO genre. Running parallel to the games we love and enjoy is a world full of rules, regulations, pitfalls and traps. How about you hang out with us as we discuss some of the more esoteric aspects of the games we love to play? Finally, I return home after a bit of bliss. Fun is over -- it's time to get serious by talking about fan fiction. Sort of. You see, fan fiction is one of those areas that people love to hate, hate to love and everything in between. What is it about fan fiction that gets people so upset and so defensive? Is it the personal nature of the craft, the accusatory piggy-backing on other people's characters, or just that so much of it is mind-numbingly terrible? Who knows? Today, we're going to explore a few of the concepts of fan fiction in a very no-nonsense, barely legal way, to give you aspiring authors something to consider while writing your own fan fiction or even original content. With my post-vacation bliss now completely out of my system, thanks to reading so much terrible fan fiction in preparation, I am happy to share with all of you a story that I've been writing for the last minute and a half. Don't be cruel, now. It's pretty much going to become the greatest story ever told. Enjoy.
No Comment: Apple Germany says nein to eiPott
How do you say "completely unsurprised" auf Deutsch[1]? Berlin-based blog BZiPhone reports that the German-made eiPott has been delivered the death blow, courtesy of Apple Germany (translation). The computer and phone maker has gotten a restraining order against the Erbach-based koziol, maker of cute housewares for the stylish home. The lawsuit, which was presented in what Google Language assures me is the "Hanseatic Higher Regional Court," means that koziol will no longer be able to use the eiPott name to sell their plastic egg holder. Apparently the item could have been confused with another product. Shocking. The iPod-inspired package will also need to be redesigned.
Google wins YouTube copyright case against Viacom
The Viacom copyright infringement case against Google and YouTube has been a long strange journey since it started, but it looks like the first major chapter is over: the federal court today ruled that Google falls under the "safe harbor" provision of the DMCA which protects service providers from liability for user content. Roughly, that means Google isn't liable for copyright infringement on YouTube in general: it can only be liable for infringing specific copyrighted works, and since YouTube pulls videos as soon as anyone complains, it can't get in trouble. Of course, Viacom isn't too happy about this decision and has vowed to appeal, but we think it makes sense -- otherwise Viacom could sue and win for things Google didn't even know about, like, say, the music videos Viacom employees covertly uploaded themselves and then demanded be removed. We'll see what happens -- in the meantime, we'll be celebrating by watching as much YouTube as possible.
The Lawbringer: The history of Blizzard and MDY (Glider)
It's a Glider! Sorry, that's as good as the jokes are going to get. Greetings from The Lawbringer, WoW.com's weekly look at the intersection between law and the World of Warcraft. I'm a newly minted law school grad acting as your tour guide between bar prep sessions. In the last two weeks, we looked at the difference between purchases and licenses. This is of vital importance as a major bit of cyberlaw plays out in the Ninth Circuit, namely the next stages of MDY v. Blizzard, Vernor v. Autodesk, and UMG v. Augusto. Today seems like an excellent time to review the case of MDY v. Blizzard, as we've covered the other two a bit. My source for this history will be the excellent collection of files at Justicia.com, which includes all documents filed in the district court of Arizona in this case. Let's get started!
