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A federal judge has sided with four publishers who sued an online archive over its unauthorized scanning of millions of copyrighted works and offering them for free to the public. Judge John G. Koeltl of U.S. District Court in Manhattan ruled that the Internet Archive was producing “derivative” works that required permission of the copyright holder. . The Archive was not transforming the books in question into something new, but simply scanning them and lending them as ebooks from its web site. “An ebook recast from a print book is a paradigmatic example of a derivative work,” Koeltl wrote. The Archive, which announced it would appeal Friday's decision, has said its actions were protected by fair use laws and has long had a broader mission of making information widely available, a common factor in legal cases involving online copyright. “Libraries are more than the customer service departments for corporate database products," Internet Archive founder Brewster Kahle wrote in a blog post Friday. "For democracy to thrive at global scale, libraries must be able to sustain their historic role in society — owning, preserving, and lending books. This ruling is a blow for libraries, readers, and authors and we plan to appeal it.” In June 2020, Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House sued in response to the Archive's National Emergency Library, a broad expansion of its ebook lending service begun in the early weeks of the pandemic, when many physical libraries and bookstores had shut down. The publishers sought action against the emergency library and the archive's older and more limited program, controlled digital lending (CDL). Works by Toni Morrison, J.D. Salinger and Terry Pratchett were among the copyrighted texts publishers cited as being made available. . A district judge determined that the Internet Archive infringed on copyright laws by digitizing and distributing books without obtaining the necessarylicensing.. Copyright Infringement, Digital Lending, Fair Use Laws, Online Archives. . Brittany Day
When we wrote about the intermediary liability provisions in a reported May 2015 leak of the Intellectual Property chapter of the Trans-Pacific Partnership (TPP) last month, we hadn't actually seen the text. But thanks to the publication of that leak by Knowledge Ecology International yesterday and today, we now have a far better understanding of the current state of play. For starters, countries are resisting U.S. negotiators' audacious proposal to distort trade secrets law into a weapon against hackers, journalists, and whistleblowers. There are two new proposals in this leaked text, one of which the U.S. itself supports, to allow countries to adopt a narrow safe harbor for whistleblowers in respect of information that exposes a violation of the law.. For starters, countries are resisting U.S. negotiators' audacious proposal to distort trade secrets . wrote, about, intermediary, liability, provisions, reported, intelle. . Dave Wreski
The copyright litigation factory known as Righthaven has been exposed as making what the Electronic Frontier Foundation said Monday were bogus claims to judges that it . Las Vegas company Righthaven begun suing hundreds of bloggers last year for reposting pictures and stories previously published by the Las Vegas Review-Journal, owned by Stephens Media. In its lawsuits, Righthaven claims it was assigned ownership of the copyright by the newspaper. Dozens of cases brought by Righthaven on these grounds have settled out of court for a few thousand dollars each. But the EFF The link for this article located at Wired is no longer available. . Righthaven's contentious copyright claims against online authors faced scrutiny from the EFF, highlighting their ongoing aggressive legal tactics in disputes. Copyright Claims, EFF Response, Blogger Lawsuits, Legal Tactics, Digital Rights. . Anthony Pell
On the Deeplinks blog at eff.org Corynne McSherry and Marcia Hofmann report on the case of Sony vs Hotz. The implications of the case are broad reaching and frightening. Sony is suing researchers for the crime of exposing security holes. The researchers found security holes that allow users to run Linux on the Playstation 3 - something Sony allowed until recently.. This is the ultimate result of the Digital Millenim Copyright Act (DMCA). The DMCA makes it a crime to circumvent security measures on electronic media and devices - even if you have purchased the device and are exercising rights granted to you by other laws. Copyright fair use and modifying your own equipment on your own network for otherwise legal uses are two examples. The link for this article located at Lubbock Online is no longer available. . This is the ultimate result of the Digital Millenim Copyright Act (DMCA). The DMCA makes it a crime . deeplinks, corynne, mcsherry, marcia, hofmann, report. . Alex
The European Union has finally agreed the last details of the Telecom Reform Package, and decided that citizens' internet access can be restricted if necessary, but only after a "fair and impartial procedure including the user's right to be heard". . Cases where it may be considered necessary to restrict internet access include suspected terrorism, child pornography or copyright violation, according to a spokeswoman for the European Parliament. The ruling will mean that the UK government's plans to introduce a 'three strikes' rule to tackle illegal downloading, where the cost of enforcement will fall largely on internet service providers, will go ahead as planned.. The EU imposes limits on online access following a just process addressing unlawful media distribution and various major infractions.. Copyright Legislation, Telecom Reform, User Rights. . Alex
The Pirate Bay, a file-sharing site entangled in a court case over pirated music, will be bought by a Swedish software company. Global Gaming Factory X (GGF) announced the deal Tuesday. The company, which provides digital distribution tools for Internet cafes, will buy The Pirate Bay for cash and shares amounting to $7.76 million. The acquisition is expected to be completed in August. . The Pirate Bay, a BitTorrent tracking site, is involved in a legal battle with major copyright holders, including Warner Brothers, MGM, and Columbia Pictures. In April, the Web site's founders were convicted by a Swedish court of copyright infringement, ordered to pay nearly $4 million, and sentenced to a year in jail. The defendants appealed the decision and were denied a retrial last week. The link for this article located at CNET is no longer available. . The Pirate Bay faces legal challenges as a Swedish firm GGF plans to acquire it amidst copyright controversies.. Pirate Bay Acquisition, Copyright Issues, Digital Distribution Tools. . Anthony Pell
The request from four major record labels to fine the Pirate Bay operators for every day the site remains up and running was declined by the Swedish District Court today. Contrary to what the labels had requested, the court said it wants to hear the defendants before it will take any action.. In an attempt to prevent The Pirate Bay from linking to copyright infringing material, Universal, EMI, Sony and Warner have asked the court to issue penalties to the site The link for this article located at TorrentFreak is no longer available. . Judge dismisses music industry’s appeal for daily penalties against The Pirate Bay over alleged copyright violations.. Pirate Bay Case, Legal Proceedings, Copyright Issues. . Anthony Pell
Interesting copyright case is really heating up. What do you think about this case? Do you use bittorrent? Do you think that even without Pirate Bay copyrighted material will still be easy through bittorrent? Pirate Bay judge Tomas Norstr. In recent weeks we have written about the Pirate Bay judge The link for this article located at TorrentFreak is no longer available. . A legal dispute concerning the judge from Pirate Bay brings to light issues surrounding copyright laws and the practices of torrenting.. Pirate Bay, Legal Scandal, Copyright Debate. . LinuxSecurity.com Team
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