Episode 60: Thesis, Introduction, Conclusion
Thesis v. WordPress and the GPL, Massachusetts and the Right to Repair, Facebook and the CFAA.
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Thesis v. WordPress and the GPL
Would WordPress Sue The Maker Of Thesis
Syn-thesis
Why WordPress Themes are Derivative of WordPress
An analysis of GPL’ed code in Thesis
The GPL
Right to Repair
Mass. considers landmark auto-repair legislation
Facebook v. Power.com, and the CFAA
Facebook Doesn’t Violate Competition Laws, Court Rules In Power.com Lawsuit
Plaintiff Drops Scribd Suit
We mentioned before that a children’s book author was suing Scribd for copyright infringement. The suit was novel in that it claimed that Scribd’s filtering mechanism to keep copyrighted works off the site violated copyright law itself. The filtering software would store a copy of each file that was taken down subject to a DMCA notice so that the filter could then block anyone who tried to re-upload the same document.
The plaintiff has dropped the suit. While the use was probably a fair use under the Copyright Act, it’s good that the plaintiff’s dropped it. I’d rather have no law in this area than risk a court getting it wrong. We went into a little more detail about the fair use defense in this post.
Men At Work Slapped with 5% Royalty on “Down Under”
The case in one of our most popular posts has finally come to some resolution. The band will have to pay 5% of their royalties from the song “Down Under” to the copyright holder on the famous song “Kookaburra,” going back to 2002. The Men at Work song borrows a few bars from the folk classic, which was enough for the Australian court to slap the 80s one hit wonders.
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Posted in: Links on July 7, 2010
Episode 56: Hotel California
Google and YouTube win First Round, Congress Can Take Works out of the Public Domain, Apple Sharing Location Data
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Google, YouTube Win First Round Against Viacom
Congress Can Take Works Out of Public Domain
Terrible News: Court Says It’s Okay To Remove Content From The Public Domain And Put It Back Under Copyright
The Opinion
Apple Sharing iPhone Location Data
Apple Now Storing and Sharing Your Location With Others
Congressmen Ask Apple To Explain Privacy Policy Changes
Lawmakers To Introduce New Internet Privacy Bill
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Posted in: Podcast on June 28, 2010
DeFUD: SCO Case Not Quite Over
SCO recently lost the case it brought against Novell when a jury ruled against SCO. SCO filed some post-vedict motions seeking to overturn the jury verdict, which were denied.
It has been widely reported that the case is finally over.
It isn’t over. After summary judgment was granted for Novell (throwing SCOs claims out), SCO appealed. The appeals court said that SCO should get to present its claims to a jury. SCO did just that and lost. But, by filing the post-verdict motions, SCO has set itself up to appeal the judge’s denials of those motions. SCO has only a small chance of success on appeal, but they are likely going to argue that no reasonable jury could have found in favor of Novell, and that various rulings made by the judge at trial created error that should either reverse the verdict, or get SCO a new trial.
We’ll continue to reluctantly report on this until we’re sure it’s finally dead, an ex-lawsuit, pushing up the daisies.
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Posted in: Commentary on June 11, 2010
Episode 53: Shepard Fairey in a Hurt Locker
Tetris Takedowns, AP/Shepard Fairey Case, and EFF opposes Hurt Locker subpoenas.
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Tetris Takedowns on Android Store
Google blocks Tetris clones from Android market
Update on AP v. Shepard Fairey
Court: AP ‘is going to win’ Shepard Fairey case
EFF Opposes Hurt Locker Subpoenas
EFF Asks Judges to Quash Subpoenas in Movie-Downloading Lawsuits
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Posted in: Podcast on June 7, 2010
Episode 50: Make Lime-aid out of LimeWire
The iPhone Search Warrant, Google Goofs with WiFi Data, and LimeWire held liable for Copyright infringement.
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iPhone Search Warrant
iPhone Investigation Documents Ordered Unsealed (Update1)
Roommate’s Tip Led Cops to iPhone Finder
The Warrant Application
Google Goofs with WiFi Data Privacy
Google Says It Collected Private Data by Mistake
WiFi data collection: An update
LimeWire held liable for Copyright Infringement
LimeWire Likely To Shut Down Soon
CopyWrong! Kimba Wood Squeezes the Juice Out of Limewire
The Opinion
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Posted in: Podcast on May 17, 2010
LimeWire Liable for Inducing Copyright Infringement
This has been covered well, but it’s worth noting that Limewire, and its owners have been found liable for various forms of secondary copyright infringement. We’ll cover it more once we get a chance to read the opinion.
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Posted in: Links on May 12, 2010
Episode 47: DMCA TakeDownfall
Gizmodo and iPod Scandal, Downfall DMCA Takedowns, Sarah Palin E-Mail Hacker Trial
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Gizmodo iPhone Leak
Gizmodo paid for iPhone 4G: so are they receivers of stolen goods?
For Apple, Lost iPhone Is a Big Deal
DMCA TakeDownfall
Hitler, as “Downfall” producer, orders a DMCA takedown
Hitler tries a DMCA takedown
Sarah Palin E-Mail Hacker
The Indictment
Meaning of ID theft is key to Palin e-mail hacking case
FBI: Evidence points to Kernell destroying proof of Palin e-mail snoop
Sarah Palin email hack
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Posted in: Podcast on April 26, 2010
Episode 46: This Episode is Copyrighted
Activision Scuffle, Adobe Squares Off with Apple, Are Tweets Copyrightable
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Activision Scuffle
Activision: West, Zampella wanted to steal Infinity Ward
The Ides of Harsh
Apple v. Adobe
Adobe vs. Apple is going to get uglier
Are Tweets Copyrightable
You Cannot Copyright a Tweet
Are Tweets Copyright-Protected?
Copyright Protection Not Available for Names,
Titles, or Short Phrases
