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”

Advertiser Pledge Sets Example of Accountability in the Fight Against Piracy

Cross-posted from the Mister Copyright blog. It should come as no surprise that popular websites make money by hosting advertisements. Anyone surfing the web has undoubtedly been bombarded with ads when visiting certain sites, and for websites that offer free services or user experiences, advertisements are often the only way to generate revenue. Unfortunately, websites … Continue reading “Advertiser Pledge Sets Example of Accountability in the Fight Against Piracy”

Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases

Here’s a brief excerpt of my new post that was published on IPWatchdog: Here’s where we are after Capitol Records v. Vimeo: A service provider can encourage its users to infringe on a massive scale, and so long as the infringement it encourages isn’t the specific infringement it gets sued for, it wins on the … Continue reading “Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases”

Radiohead Video Makes Unauthorized Use of Fictional Characters

Cross-posted from the Mister Copyright blog. Last month, Radiohead released their ninth studio album, A Moon Shaped Pool, after a five-year hiatus from recording. In true Radiohead fashion, the album’s release was preceded by a unique succession of mysterious social media postings, teaser artwork and music videos for the singles Burn the Witch and Daydreaming. … Continue reading “Radiohead Video Makes Unauthorized Use of Fictional Characters”

Copyright Policy Should Be Based On Facts, Not Rhetoric

Here’s a brief excerpt of a post by Kevin Madigan & Devlin Hartline that was published on IPWatchdog. After nearly twenty years with the DMCA, the Copyright Office has launched a new study to examine the impact and effectiveness of this system, and voices on both sides of the debate have filed comments expressing their … Continue reading “Copyright Policy Should Be Based On Facts, Not Rhetoric”

Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense

Producer Richard Gladstein knows all about piracy. As he recently wrote for The Hollywood Reporter, his latest film, The Hateful Eight, was “viewed illegally in excess of 1.3 million times since its initial theatrical release on Christmas Day.” Gladstein is not shy about pointing fingers and naming names. He pins the blame, in no small … Continue reading “Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense”

One Step Closer to Mega Justice: Kim Dotcom Loses Extradition Hearing

Cross-posted from the Law Theories blog. The news broke last night that Kim Dotcom has suffered a major setback in his bid to avoid standing trial in the Eastern District of Virginia on multiple felony charges relating to his Megaupload website. District Judge N.R. Dawson of the Auckland District Court in New Zealand dropped his … Continue reading “One Step Closer to Mega Justice: Kim Dotcom Loses Extradition Hearing”