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
David Burnham is a reporter in The Times's Washington bureau. This article is adapted from Mr. Burnham's book ''The Rise of the Computer State,'' to be published by Random House in May.. A Federal Court of Appeals recently ruled that the largest and most secretive intelligence agency of the United States, the National Security Agency, may lawfully intercept the overseas communications of Americans even if it has no reason to believe they are engaged in illegal activities. The ruling, which also allows summaries of these conversations to be sent to the Federal Bureau of Investigation, significantly broadens the already generous authority of the N.S.A. to keep track of American citizens. The link for this article located at NY Times is no longer available. . A Circuit Court decided on the FBI's powers regarding surveillance activities, greatly affecting personal freedoms and civil liberties.. NSA Authority, Federal Court Ruling, Communication Privacy, Legal Interception. . LinuxSecurity.com Team
A federal judge has declined to dismiss charges against Google that it allegedly violated the Federal Wiretap Act when it collected personal data from Wi-Fi networks.. U.S. District Court Judge James Ware on Wednesday tossed accusations that Google's Street View vehicles broke several states' laws when they harvested usernames, passwords and emails from consumers' and businesses' wireless networks, but allowed the claim that the company violated federal law to continue. Google's Street View vehicles began cruising American roads in 2007 as part of the company's mapping program. Along with snapping photographs of each street and collecting GPS data, the vehicles also mapped the location of Wi-Fi networks to build a database that could be accessed by mobile devices to determine users' whereabouts. The link for this article located at Network World is no longer available. . Court decides in favor of plaintiffs, permitting lawsuits to proceed for infractions related to federal regulations on Wi-Fi data harvest during Street View operations.. Wi-Fi Data Privacy, Legal Rulings, Google Street View, Data Collection Laws, Federal Wiretap Act. . Alex
A federal judge has handed a major victory to anti-spam crusaders Spamhaus, slashing an $11.7m verdict to just $27,002. US Judge Charles P. Kocoras of the Eastern District of Illinois said the plaintiffs, e360 Insight and its founder David Linhardt, failed to credibly calculate the damage that resulted when its promotional emails were targeted by Spamhaus.. e360 sued Spamhaus in 2006 alleging defamation, tortious interference with prospective economic advantage and interference with existing contracts. e360 claimed that about 3 billion of the more than 6.6 billion emails it sent on behalf of clients were blocked by service providers who subscribed to the Spamhaus real-time blacklist. The court ruled in e360's favor after the volunteer anti-spam group withdrew from the case. A judgment of $11.7m was ultimately entered against Spamhaus. An appeals court ultimately junked that ruling and sent the question of damages back to the lower court. At a trial in March, e360 argued once again it was entitled to astronomical damages that at different points was calculated at $135m, $122m, and $30m. Kocoras rejected all three amounts. The link for this article located at The Register UK is no longer available. . A federal court lowered the $11.7 million ruling against Spamhaus down to merely $27,000, underlining e360's inability to prove damages effectively.. Spamhaus Legal Judgment, Anti-Spam Case Outcome, Defamation Suit Reduction. . Alex
The last of the US warrantless wiretapping cases has come to a rather surprising and abrupt finish. Judge Vaughn Walker hearing the case formerly known as Al-Haramain vs Bush has ruled for the plaintiffs and against the US government on a motion for summary judgment, essentially telling the government it had no case.. This rare victory for civil libertarians followed years of obfuscation and wrangling on the part of both the Bush and the supposedly The link for this article located at The Register UK is no longer available. . This rare victory for civil libertarians followed years of obfuscation and wrangling on the part of . warrantless, wiretapping, cases, rather, surprising, abrupt, finish. . Alex
The California Supreme Court ruled Monday that a Web publisher could be barred from posting DVD-copying code online without infringing on his free speech rights.. . .. The California Supreme Court ruled Monday that a Web publisher could be barred from posting DVD-copying code online without infringing on his free speech rights. The state's high court overturned an earlier decision that said blocking Web publishers from posting the controversial piece of software called DeCSS, which can be used to help decrypt and copy DVDs, would violate their First Amendment rights. An industry technology coalition called the DVD Copy Control Association (DVD CCA) had sued dozens of people in California courts, contending that posting the software online violated its trade secrets rights. Monday's state Supreme Court decision did leave room for another legal about-face, asking a lower court to revisit the question of whether any industry trade secret rights actually were violated. The link for this article located at ZDNet is no longer available. . The California Supreme Court ruled Monday that a Web publisher could be barred from posting DVD-copy. california, supreme, court, ruled, monday, publisher, barred, posting, dvd-copy. . Anthony Pell
In another setback for free speech advocates, hacker magazine 2600 has lost its bid for an appeal of a ruling banning it from posting code that can be used to crack DVD copy protections.. . .. In another setback for free speech advocates, hacker magazine 2600 has lost its bid for an appeal of a ruling banning it from posting code that can be used to crack DVD copy protections. The 2nd Circuit Court of Appeals refused 2600's request to reconsider a ruling that prohibits the publication from posting or linking to code known as DeCSS. The ruling, issued last week, is another blow to the efforts of some free speech proponents, journalists and researchers, who have argued that new copyright laws designed for the digital age are thwarting the free flow of information. The link for this article located at ZDNet is no longer available. . In a further blow to proponents of free expression, the tech publication 2600 has failed in its attempt to overturn the ban on the DeCSS software.. Free Speech, DeCSS, Legal Ruling, Digital Advocacy, Hacker Magazine. . Anthony Pell
In an appeals court filing, the US government praises a lower-court ruling that bans the hacker magazine from posting the DeCSS decryption code Uncle Sam is siding with the movie industry in a case that prevents a magazine from . . . . In an appeals court filing, the US government praises a lower-court ruling that bans the hacker magazine from posting the DeCSS decryption code Uncle Sam is siding with the movie industry in a case that prevents a magazine from posting and linking to software that makes it possible to decrypt DVD security. In a filing submitted to the 2nd US Circuit Court of Appeals in New York, the Justice Department lashed out at hackers and praised a lower court ruling that bans hacker magazine 2600 from publishing a code known as DeCSS. The link for this article located at ZDNet UK is no longer available. . U.S. authorities commend ruling that stops hacking publication from disseminating DeCSS code, showing support for the movie sector in digital rights enforcement.. DeCSS Code, Digital Rights, Legal Ruling. . Anthony Pell
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