Alliance for Creativity and Entertainment (ACE) Unites to Fight Online Piracy

As digital piracy shifts away from torrent downloads and towards unauthorized streaming and theft-based extortion, stakeholders from all parts of the creativity community are reassessing their efforts to fight online infringement. This week, a global coalition of creators and leading on-demand entertainment services joined forces to better address the ever-evolving threat that piracy poses not … Continue reading “Alliance for Creativity and Entertainment (ACE) Unites to Fight Online Piracy”

Explaining Efficient Infringement

By Adam Mossoff & Bhamati Viswanathan In a recent New York Times op-ed, “The Patent Troll Smokescreen,” Joe Nocera used in print for the first time the term, “efficient infringement.” This pithy phrase quickly gained currency if only because it captures a well-known phenomenon that has been impossible to describe in even a single sentence. … Continue reading “Explaining Efficient Infringement”

Content Thief Turned Content Creator Rails Against Piracy

Last week, YouTube celebrity (yes, that’s a thing now) Olajide “JJ” Olatunji posted an expletive-filled tirade aimed at those illegally downloading his new movie “Laid in America.” After fans of Olatunji (aka KSI), whose YouTube page has over 14 million subscribers, began notifying him of the film’s availability on a number of illicit torrent sites, … Continue reading “Content Thief Turned Content Creator Rails Against Piracy”

Criminal Copyright Infringement is Crime of "Moral Turpitude"

Cross-posted from the Law Theories blog. This past Friday, the Board of Immigration Appeals held that criminal copyright infringement constitutes a “crime involving moral turpitude” under immigration law. The Board reasoned that criminal copyright infringement is inherently immoral because it involves the willful theft of property and causes harm to both the copyright owner and … Continue reading “Criminal Copyright Infringement is Crime of "Moral Turpitude"”

European Union Draws a Line on Infringing Hyperlinks

Last week, the European Court of Justice—the judicial authority of the European Union—issued an anticipated decision in the Sanoma hyperlinking case, declaring that commercial linking with knowledge of unauthorized content constitutes copyright infringement. The opinion comes after years of similar cases in Europe stirred debate over whether linking to pirated works was a ‘communication to the … Continue reading “European Union Draws a Line on Infringing Hyperlinks”

Despite What You Hear, Notice and Takedown is Failing Creators and Copyright Owners

In a recent op-ed in the LA Times, Professors Chris Sprigman and Mark Lemley praise the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA) as “a bit of copyright law worth saving.” They argue that Section 512 of the DMCA continues to serve its purpose of balancing the rights of copyright owners … Continue reading “Despite What You Hear, Notice and Takedown is Failing Creators and Copyright Owners”

Letter on FCC Set-Top Box Regulation Once Again Confuses the Issue

Last week, a group of law professors wrote a letter to the acting Librarian of Congress in which they claim that the current FCC proposal to regulate cable video navigation systems does not deprive copyright owners of the exclusive rights guaranteed by the Copyright Act. The letter repeats arguments from response comments they  filed along with … Continue reading “Letter on FCC Set-Top Box Regulation Once Again Confuses the Issue”

The Dangerous Combination of Content Theft and Malware

Cross-posted from the Mister Copyright blog. Malware, short for malicious software, has been used to infiltrate and contaminate computers since the early 1980s. But what began as relatively benign software designed to prank and annoy users has developed into a variety of hostile programs intended to hijack, steal, extort, and attack. Disguised software including computer … Continue reading “The Dangerous Combination of Content Theft and Malware”

Three Years Later, DMCA Still Just as Broken

By Matthew Barblan & Kevin Madigan In 2013, CPIP published a policy brief by Professor Bruce Boyden exposing the DMCA notice and takedown system as outdated and in need of reform. The Failure of the DMCA Notice and Takedown System explained that while Section 512 of the DMCA was intended as a way for copyright … Continue reading “Three Years Later, DMCA Still Just as Broken”

Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo

The Second Circuit’s recent opinion in Capitol Records v. Vimeo is, to put it mildly, pretty bad. From its convoluted reasoning that copyrights under state law for pre-1972 sound recordings are limited by the DMCA safe harbors, despite the explicit statement in Section 301(c) that “rights or remedies” under state law “shall not be annulled … Continue reading “Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo”