copyright infringement
Latest
Law of the Game on Joystiq: Much Ado About Game Night
Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games: Ah, the library (the place with books, not the bar). The once quiet and relaxing readers' domain has moved into the digital age, now containing computers and video games. In fact, a number of non-profits, like libraries, churches, and schools, have all found video game based events worthwhile to attract players of all ages to their establishments, or to add more entertainment to an existing event. GamePolitics actually raised an interesting question I had also received from a reader related to library and church game nights, specifically: What are the potential ramifications of holding these events from a copyright and EULA perspective? It's actually a very good question, albeit one with a fairly nebulous answer. As was pointed out by the GamePolitics piece, there are licensing services that will acquire the proper license for the public performance of a movie. Similarly, groups like ASCAP have well established licensing procedures for music. The reasoning is that public display and performance are within the bundle of rights a copyright holder has. Therefore, in order to publicly display something, you need to have the copyright holder's permission in the form of a license. Of course, if it were this simple, I wouldn't be writing a column about it.
Law of the Game on Joystiq: Used to be Fair
Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games: Based on the comments to the last few copyright-oriented columns, it seems like everyone wants to talk about fair use. In fact, fair use is one of the most misunderstood aspects of intellectual property law, even though it's popular to play the "fair use" card in response to alleged infringement. Much of the confusion stems from the fact that there are different fair uses of copyrights and trademarks; still, other confusion stems from the fact that many of the tests for what qualifies as fair use are not terribly clear -- but I'll be clearing much of this up for you today ... hopefully.For the most part, trademark fair use is far simpler to understand than copyright fair use, so trademarks will be our first stop. Simply put, it is fair to use a trademark nominatively or for identification. That means if you re-sell a BMW, you are allowed to refer to it as a BMW. If you're writing a book or game dialog, you are allowed to refer to brand names. You are also allowed to refer to brand names in comparative advertising too; for example: "Our console has more games than the PlayStation 3!" or "Our hardware is more powerful than the Nintendo Wii!" or "Our system is more fun than the Xbox360!" Now that I've angered all the fanboys, that's pretty much the entire universe of trademark fair use. Copyright fair use, on the other hand, is far more complicated.
ZOMG MySpace vs iTunes
Ohai ZOMG. Realz! MySpace can has fab nu Music cheezburger. Wurks with iPod, all 4 awzom Muzik labels! Dayz wil haz MP3 for $$. "MySpaceMusic" so kyoot! Universal Music/MySpace fwends -- bai bai "copyright-infringement lawsuit" for realz. iTunes ftl. MySpace ftw. kthxbai.
Keepin' it real fake, part CIV: BlueBerry gets blatant on RIM's trademark
Sometimes a picture really does say a thousand words. BlueBerry, the cease-and-desist is on the way!
Microsoft hit with $2.4 million copyright suit in the Philippines
In an unusual situation for a company so vocal about protecting intellectual property rights, Microsoft is being sued for allegedly distributing material copyrighted by a Philippine college -- despite the fact that the material in question seems to have only been given to fellow educational professionals. Southeastern College in Pasay City is suing Microsoft and Microsoft Philippines for 100 million Filipino pesos ($2.4 million) for handing out at least 700 CDs in 2005 and 2006 containing the 379-page "SEC Microsoft Office XP Manual," which had been copyrighted by SEC director Conrad Mañalac in 2005 (although work on it reportedly began in 1999). Apparently 10,000 copies of this same manual had previously been licensed from the school by the company in 2004, and retitled for use in a program to train high school teachers. For its part, Microsoft Philippines denies having "improperly distributed additional copies of the curriculum," although it's a little unclear what the company's actual position is, with the following statement -- emailed to the Inquirer.net -- seeming to indicate that the primary concern right now is protecting the mothership: "They brought this matter to our attention a year ago and we worked hard to resolve it, but without success. For all intents and purposes, this is a purely local matter which does not involve Microsoft Corporation." Um, okay, whatever you say. We'll be interested to see if / how Redmond responds to this one...[Thanks, Mark]Read - Microsoft suedRead - Microsoft issues response
The first iPod nano clone rears its fat head
Of course, we all know that the knock-off producers in China never rest, but this new iPod nano clone you're looking at was definitely turned around in an impressively short period of time. Right now we have only this photo -- apparently taken at a Shenzhen factory for use in piquing importer's interest -- to go on, but it certainly isn't any kind of surprise that the copy-cats have already put the dirty deed in motion. Just remember guys, you're taking food off of Steve Jobs' table... which is made of diamond-studded platinum.[Via GenerationMP3, thanks BrianB]
NMPA suing XM Radio for copyright infringement
Just about the time that XM Radio was finally able to sit down and hammer out some figures for the upcoming merger, the poor satellite radio firm has hit yet another legal snag, and this time it's care of the NMPA. The National Music Publishers Association have officially filed suit against XM, claiming that the "XM + MP3" music service bypasses copyright laws by giving users the ability "to make permanent copies of on-air tracks" with units like the hotly-debated Inno. Quite similar to other gripes brought against the outfit in the past, this dispute claims that XM's service "constitutes pervasive and willful copyright infringement to the overwhelming detriment of copyright holders, legitimate online music services and, ultimately, consumers," but we're still scratching our heads on the "consumers" bit too. Nevertheless, the NMPA is requesting demanding a maximum of $150,000 in "damages" for each work purportedly infringed by XM, but the sat radio company seems to be brushing this one aside as it claims that "the lawsuit is without merit." These guys just can't do anything right, eh?
Got ripped tunes on your iPod? Go directly to jail, mate
Australia's new copyright bill looks like it could soon be causing sleepless nights for anyone that owns an iPod or other digital audio player if its enacted in its current form, with strict limitations that could seemingly affect individuals whether they know they're infringing on copyright or not. Under the harshest penalty, The Sydney Morning Herald Reports, an individual can face up to five years in jail and a fine of AUD$65,000 if he/she possesses "a device, intending it to be used for making an infringing copy of a work or other subject-matter." What's more, under "strict liability provisions", you can be hit with a $6,600 fine or ticketed by police on the spot to the tune of $1320 simply for possessing infringing material, even if you didn't know you were violating copyright. While there were recently exceptions made to permit CD ripping, even those are apparently too limiting to be workable, according to Intellectual Property Research Institute associate director Kim Weatherall, permitting just one "main copy" of a CD -- meaning that you couldn't have a copy on both your iPod and computer. In related news, none other than Bill O'Reilly recently came out against the iPod, and he's got more problems with it than copyright infringement. On his radio show last week, O'Reilly said that he doesn't own an iPod and would never "wear" one, adding that (also referring to his earlier comments the PS3) "if this is your primary focus in life - the machines... it's going to have a staggeringly negative effect, all of this, for America." Some Americans, it would seem, disagree.Read - The Sydney Morning Herald, "The $65,000 question: do you own an iPod?"Read - Think Progress, "O'Reilly: iPods Are Endangering America"[Via Digg]
Blizzard 1, BC rumor sites 0
The pluralization is a bit pre-emptive here, as only one site I know of has had its contents pulled offline due to Blizzard's requests. That site, the Caverns of Time, was a great compilation of rumors and occasionally legitimate information about the upcoming expansion (the screenshot above, pulled from the site, was obviously not an accurate representation of the druid changes). They've received notice from Blizzard giving them 48 hours to remove contents of the site or else face "formal action," and they seem to have complied. You can check the site, still, for a copy of what I assume is Blizzard's complaint. Ah well -- I'm sure three sites will spring up tomorrow to replace it, thus providing us a steady stream of interesting Burning Crusade gossip!
Qtek 8500 / HTC Star Trek gets UK price, launch date, new name
Contradicting an earlier report that the Qtek 8500 / HTC Star Trek smartphone would available in the UK sometime this month, The Register is now citing an official announcement from HTC that claims the Windows Mobile-powered clamshell won't hit stores until "late June." Furthermore, Reg Hardware is reporting that the Star Trek will henceforth be known as the STRTrk, probably to avoid trademark issues with Spock and friends, due to the fact that the internal codename has seen widespread adoption. (Not sure that this will do any good, as now we'll have to include a "the phone formerly known as the HTC Star Trek" every time we mention one of the rebadges). Whatever you want to call it, the music-centric device will supposedly come in black, silver, or pink, and go on sale during the third week of June, at least according to distributor 20:20 Logistics, for around $500 before carrier subsidies.
