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Danny Thorne

Unintended Consequences: Seven Years under the DMCA | Electronic Frontier Foundation - 0 views

  • The DMCA Chills Free Expression and Scientific Research.
  • The DMCA Jeopardizes Fair Use.
  • The DMCA Impedes Competition and Innovation.
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  • The DMCA Interferes with Computer Intrusion Laws.
Danny Thorne

DMCA | Electronic Frontier Foundation - 0 views

  • In practice, the DMCA and DRM have done nothing to stop "Internet piracy." Yet the DMCA has become a serious threat that jeopardizes fair use, impedes competition and innovation, chills free expression and scientific research, and interferes with computer intrusion laws. If you circumvent DRM locks for noninfringing fair uses or create the tools to do so, you might be on the receiving end of a lawsuit.
Danny Thorne

EFF Media Release: EFF Response to Blizzard Online Gamer Threat (Mar. 12, 2002) - 0 views

  • "Corporations have wielded the DMCA to censor magazines, academic researchers, and competitors," said EFF Senior Intellectual Property Attorney Fred von Lohmann. "Now Vivendi is using the DMCA to threaten customers who simply want to improve the gaming environment for a product they've purchased legitimately."
Danny Thorne

DMCA Summary - 0 views

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Danny Thorne

Perfect 10, Inc. v. Amazon.com, Inc., et al. - Internet Library of Law and Court Decisions - 0 views

  • transformative nature of the thumbnails Google created, which, by facilitating the public’s ability to search the web for images, serve a different purpose than the original images, which are designed to entertain.
  • Google does not store the images contained on such third party web pages in its cache.  Rather, all that these cached copies contain are html instructions setting forth the location on the internet where the image can be found
  • the Copyright Act, unlike the Trademark Act, does not protect a copyright holder against acts that cause consumer confusion.
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  • Perfect 10 claimed that by assisting users in locating and obtaining access to third party sites that themselves contained infringing images, Google was guilty of contributory infringement.
  • Said the Ninth Circuit:  “Google’s failure to change it operations to avoid assisting websites to distribute their infringing content may constitute contributory liability …”.
  • The District Court was also directed to determine whether Google was immunized from liability for such contributory infringement claims by operation of the Digital Millennium Copyright Act (“DMCA”).  The DMCA immunizes Service Providers such as Google from liability “for infringement [including contributory infringement] of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer or hypertext link,” if the service provider meets certain specified criteria.  The parties disputed whether Google in fact met such criteria, and qualified for the protections of the DMCA.  This issue was left to the District Court on remand.
  • Google had no contractual or other right to cause such third party websites to stop displaying infringing content.  As such, the Ninth Circuit held, Perfect 10’s vicarious copyright infringement claims were likely to fail.
  • only delivered html instructions – to wit in-line links – to its users, and not the actual images themselves
  • a user’s act of “caching” copies of infringing images in his computer as part of his review of such infringing materials was a fair use protected from claims of copyright infringement.
Danny Thorne

Blizzard Entertainment - Wikipedia, the free encyclopedia - 0 views

  • Despite offers from the bnetd developers to integrate Blizzard's CD key checking system into bnetd, Blizzard claims that the public availability of any such software package facilitates piracy, and moved to have the bnetd project shut down under provisions of the DMCA.[citation needed] As this case is one of the first major test cases for the DMCA, the Electronic Frontier Foundation became involved, for a while negotiations were ongoing to resolve the case without a trial. The negotiations failed however, and Blizzard won the case on all counts: the defendants were ruled to have breached both StarCraft's End User License Agreement (EULA) and the Terms of Use of Battle.net.
Danny Thorne

DMCA Full Document - 0 views

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Danny Thorne

The Pirate Bay - The world's largest BitTorrent tracker - 0 views

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    Lots of "cease-and-desist" type letters sent to bittorrent host <i>The Pirate Bay</i>.
Danny Thorne

Federal Court Slams Door on Add-On Innovation | Electronic Frontier Foundation - 0 views

  • "It essentially shuts down any competitor's add-on innovation that customers could enjoy with their legitimately purchased products. Add-on innovation is one of the hottest areas of creativity and economic growth right now in software, and this decision will slow investment and development in that field."
Danny Thorne

Slashdot | Class Action Complaint Against RIAA Now Online - 0 views

  • alleges that "The world's four major recording studios had devised an illegal enterprise intent on maintaining their virtually complete monopoly over the distribution of recorded music."
  • If the relief requested in the complaint is granted, the RIAA's entire campaign will be shut down for good.
Danny Thorne

DigitalConsumer.org Overview - 0 views

  • You buy a CD but can't take it to the gym. The Audio Home Recording Act legalized our right to copy music for personal use -- for example, making a tape of a CD to use in a Walkman. But new copyright legislation makes it a crime to extract music from copy-protected CDs. You pay for cable but you aren't allowed to use your VCR. In the Betamax case, the Supreme Court ruled that making a copy of a TV show was a legal, non-infringing use of broadcast content. But new HDTV standards will make it illegal to copy a digital broadcast without the permission of the TV station. You buy a DVD but you can't watch it the way you want to. It seems obvious that users should have the ability to fast-forward and rewind movies as they see fit. But new copyright laws threaten that right: it is a crime to sell a DVD player that would allow a consumer to fast-forward through the ads at the beginning of a DVD! You own an electronic book, but you can't lend it to your son at college. Your right to lend a physical book is protected by the "first sale doctrine." This law states that purchasers of copyrighted works such as music or books have the right to dispose of the works in any way that they wish: they can sell them, loan them, rent them, or give them away. But new copyright laws criminalize all of those activities for digital content such as electronic books.
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