EFF wants protection for anonymous in porn-downloading suit
February 2, 2012 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
The Electronic Frontier Foundation is petitioning a federal judge to protect the anonymity of individuals involved in a copyright lawsuit over porn downloading. An adult film company wants to determine the identities of 1495 Internet users. The judge ordered the individuals suing to protect their anonymity to reveal their identities before the suit could proceed. [...]
Federal judge allows smut lords to pursue identities of users downloading illegally
February 1, 2012 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion, Uncategorized
A federal judge says Digital Sin can pressure Internet service providers for names of people illegally downloading “My Little Panties #2.” The company has obtained 176 IPA addresses and now will ask the Internet service providers for the names of those affiliated with the addresses. The judge is requiring that any names uncovered be sent [...]
Opinion: Supreme Court decision on copyright of foreign works a blow to free speech
January 23, 2012 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
The U.S. Supreme Court extended copyright protection to foreign works created from 1023 to 1989 and already in the public domain thereby shutting down creative uses of these works to protect profits of the owners of old works. The overall result, argues Ken Paulson of the First Amendment Center, is a loss of free speech. [...]
Justice Department shuts down popular file-sharing site in criminal copyright case
January 23, 2012 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
In a criminal copyright case, the Justice Department shut down Megaupload, executed search warrants , arrested some executives and seized $50 worth of assets. The Justice Department claimed that Megaupload violated copyrights of movies, “often before their theatrical release, music, television programs, electronic books, and business and entertainment software on a massive scale.” -db From [...]
Senate majority leader stalls Internet piracy legislation
January 23, 2012 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
In a victory for the technology industry, Senate Majority Leader Harry Reid postponed a vote on the Protect IP Act, the online piracy bill before the Senate. In effect, Congress is going back to the drawing board to balance intellectual property rights with openness and innovation on the Internet. -db From Wired, January 20, 2012, [...]
Sony/ATV sues karaoke distributor for copyright infringement
January 23, 2012 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
In retaliation for being sued by a major karaoke distributor in California federal court for disrupting the karaoke marketplace, Sony/ATV went to Nashville to sue KTS Karaoke for copyright infringement. Sony/ATV wants greater compensation in a complicated system of multiple rights and forms of payments but is now suing for damages, an injunction and a [...]
U.S. Supreme Court backs 1994 law granting copyright protection to foreign works
January 19, 2012 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
Rejecting arguments that a 1994 law complying with an international treaty violated U.S. copyright law and free speech rights, the U.S. Supreme Court voted 6-2 to extend copyright protection to foreign works. Google was among those against the law, but the government said that foreign works should receive the same treatment as domestic works under [...]
Citizen Media Law Project offers resources on online piracy laws
January 19, 2012 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
The Citizen Media Law Project is providing access to information on the SOPA and PIPA, the online piracy bills before Congress, and also to links for summaries and commentaries on the laws. -db From the Citizen Media Law Project, January 18, 2012, by CMLP Staff. Full story
Website blackouts to protest online piracy laws called success
January 19, 2012 by FAC
Filed under 1st Amendment News, Copyright, News & Opinion
The blackout of websites, including BoingBoing, Reddit and Wikipedia, to protest the online piracy laws before Congress was successful in igniting opposition against the laws writes Ian Paul in PCWorld. Paul says that there were 2.4 million tweets on the topic during the first 16 hours on Wednesday and that the Los Angeles Times reported [...]
Questions arise over blackout protests of online piracy laws
January 19, 2012 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
Sites such as Wikipedia, Craigslist and Reddit, who blacked out their websites in protest against the proposed online piracy laws, have come under criticism for abusing their power. “It is an irresponsible response and a disservice to people who rely on them for information (or) use their services,” said former Sen. Chris Dodd, president of [...]
Online piracy legislation stalls in Congress
January 17, 2012 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
It now appears now that Congressional bills to protect copyright on the Internet will be embroiled in a long, intense struggle even as President Barack Obama declared his opposition to key elements of the bills. The technology industry opposes the bills out of concern that they will stifle free speech and innovation. -db From The [...]
Nevada State Bar checks out Righthaven
January 17, 2012 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
The Nevada State Bar is investigating Righthaven’s chief executive and two lawyers who worked for the company. Righthaven was founded to sue blogs and websites for re-posting newspaper articles without permission. The company initially collected several thousand dollars by threatening to sue but slumped after failing to prevail in any of the cases contested in [...]
News media establish company to protect content
January 9, 2012 by donal brown
Filed under Copyright
Twenty-nine news companies are forming NewsRight, a for-profit enterprise, to protect copyrighted content and to seek fees in cases of unauthorized use of content. NewsRight intends to avoid the errors of Righthaven, the so-called copyright troll, who suffered devastating defeats in the courts caused by its shoddy practices. -db From MediaPost, January 5, 2012, by [...]
Federal appeals court rules records in Apple case open to public
January 9, 2012 by donal brown
Filed under 1st Amendment News, Access to Records, Copyright, News & Opinion
The U.S. 9th Circuit Court of Appeals ruled that court documents in case brought by Apple against a maker of Mac computer clones were public. Apple claimed that the documents contained “compelling trade secrets” about the Mac OS X operating system. -db From The Reporters Committee for Freedom of the Press, January 6, 2012, by [...]
Federal judge rules Kodak not have to police for copyright infringement
January 5, 2012 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
A federal judge ruled that Photobucket.com, Kodab’s photo-sharing website, does not have to examine some 9 billion images for possible copyright infringement. -db From the Courthouse News Service, January 5, 2012, by Adam Klasfeld. Full story
Opinion: EFF refutes arguments for online piracy legislation
December 13, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
The Electronic Freedom Foundation takes on what it says are distortions of the positions taken by those opposing the online piracy legislation recently introduced in both houses of Congress. While acknowledging that the tech industry recognizes the importance of copyright as it applies to the Internet, writes Trevor Timm for EFF, the Digital Millennium Copyright [...]
Trade agency may lack resources to enforce proposed online piracy law
December 8, 2011 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
The International Trade Commission may lack the money and staff fight Internet piracy of movies under laws currently under consideration in Congress according to lawyers who handle cases before the commission. The lawyers point out that few in the commission are qualified to in the area of digital rights and many more employees would have [...]
Recording industry files amicus in Righthaven appeal
December 8, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
The Association of American Publishers and the Recording Industry Association of America are siding with Righthaven in its appeal to the Ninth Circuit Court of Appeals in an attempt to get an adverse ruling on fair use off the books. They claim in an amicus brief that it was an error to consider whether Righthaven [...]
Lawmakers propose alternative to entertainment industry-backed online piracy bill
December 6, 2011 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
Congressional critics of the entertainment industry-backed online piracy law have introduced a bill that would change existing trade laws to reflect that illegally downloading copyright content from foreign-owned web sites would constitute foreign imports. That would allow the International Trade Commission the power to decide if the imports violated intellectual property rights. The critics say [...]
Exec says to expect some give from entertainment industry on antipiracy legislation
December 1, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
An executive with the Motion Picture Association said that he expects there to be changes in the Stop Online Piracy Act and its senate version in the wake of the clash between the entertainment and technology industries. The executive indicated that the entertainment industry wanted to address some of the legitimate concerns of the technology [...]
Opinion: Righthaven overstepped but protection for newspapers still vital
December 1, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
Righthaven’s methods in pursuing copyright violations turned out to be bogus and unfair resulting in its bankruptcy, but, says Jeffrey D. Neuburger in MediaShift, it would be too bad if the company did not survive long enough to pursue appeals lest newspapers lose ground in receiving just compensation for their work. -db From a commentary [...]
Sponsor of online piracy bill voices concerns over censorship issues
November 17, 2011 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
Chairman of the House Judiciary Committee, Rep. Lamar Smith R-Texas, expressed concerns over the scope of the Stop Online Piracy Act by saying that he was uncertain whether the Justice Department should be allowed to obtain court orders demanding that ISPs prevent users from visiting blacklisted websites, websites accused of infringing on intellectual property. Under [...]
Opinion: Internet community suffers double whammy over exclusion from House online piracy hearing
November 17, 2011 by donal brown
Filed under 1st Amendment News, Access to Meetings, Copyright, News & Opinion
The webcast of the House Judiciary Committee’s hearing on the Stop Online Piracy Act or SOPA was of such poor quality that the Internet community was effectively shut out until the question and answer period. The community is also concerned that the committee is only asking one representative of the technology sector to testify. -db [...]
Copyright troll Righthaven faces shutdown
November 3, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
A federal court in Nevada has given United States marshals authorization to seize over $63,000. in cash and/or assets from Righthaven. The Las Vegas copyright troll failed to pay a court judgment from August 15. Righthaven tried to make an enterprise out of suing bloggers over copied newspaper articles, but it was revealed in court [...]
Anti-piracy bill pits free speech rights against copyright interests
October 27, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
A bipartisan anti-piracy bill introduced in the House of Representatives has the backing of the entertainment industry who want to expel copyright-infringing web sites from the Internet. Internet companies and digital rights groups say the bill is heavy handed and poses a serious threat to free speech and innovation. -db From CNet News, October 26, [...]
U.S. Supreme Court urged to protect free speech in case over copyright law
October 10, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
The American Civil Liberties Union is asking the U.S Supreme Court to rescind a law passed by Congress in 1994 that granted copyright protection to books, movies and music previously in the public domain. The ACLU has filed a brief arguing that the First Amendment should not permit Congress to end the public’s right to [...]
Colorado: Blogger wins legal fees and dismissal of Righthaven lawsuit
September 29, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
Righthaven has lost again with a Colorado court ruling that a suit against a blogger was baseless and ordering the copyright troll to pay court costs and attorneys’ fees. In addition, the court put a stay on over 50 cases Righthaven filed in Colorado for copyright infringements. -db From the Electronic Frontier Foundation, September 28, [...]
Creditor moves to seize Righthaven assets
September 20, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
A man awarded legal fees for defending himself against a Righthaven copyright lawsuit asked a judge to authorize U.S. Marshalls to seize Righthaven’s bank accounts, property and other assets. Righthaven missed the deadline to pay the $34,000 in fees. Righthaven CEO Steve Gibson said his firm would be vindicated for suing the man who had [...]
MediaNews, Denver Post drop copyright troll Righthaven
September 13, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
The CEO of MediaNews Group declared it “a dumb idea” to sign up with the copyright troll Righthaven. Righthaven was founded over a year ago to make money by buying copyrights from news outlets then suing for copyright infringement. Courts have recently ruled that the Righthaven agreements with the media did not actually result in [...]
Righthaven may have filed its last copyright infringement suit
September 7, 2011 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
The controversial copyright troll, Righthaven, has not filed a lawsuit in two months after punishing court rulings against the company. The firm began over a year ago supposedly to buy copyrights from news media and file suits to stop copyright infringements. Although Righthaven is appealing the court decisions that held that it had no legal [...]
Righthaven dunned for lawyer’s fees
July 7, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
Righthaven has lost another legal battle this time over lawyer’s fees. A federal judge order the copyright enforcement firm to pay over $3,800 to lawyers for Michael Leon whom Righthaven sued for infringment of copyright. In June a Nevada federal district judge ruled that Righthaven had no standing to sue for copyright violations of Las [...]
Copyright: IHOP sues church ministry for co-opting IHOP trademark
June 2, 2011 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
After dropping a similar suit in California in January, IHOP the restaurant chain is filing a new suit in Kansas City against the International House of Prayer (IHOP). IHOP the restaurant started to use the initials in 1973 and said it must protect its trademark with 45 of its 1500 restaurants in Missouri. From The [...]
Buzzfeed initiating class action suit against Righthaven
May 23, 2011 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
Righthaven is stubbornly digging in as Buzzfeed files a counter claim against them for faulty lawsuits. Buzzfeed is arguing that Righthavens suits, filed after news outlets transfer the right to sue to Righthaven to exact monetary damages, are an “abuse of process”. Mike Masnick writes in TechDirt, “After documents were unsealed that show that the [...]
Creator of Tyson face tattoo sues Warner Bros. for copyright violation
May 2, 2011 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
The creator of former boxer Mike Tyson’s tribal face tattoo has filed a copyright infringement suit against Warner Bros. who reproduced the tattoo on the face of an actor in the movie,” Hangover 2.” Writing in On Point, Matthew Heller says that although there are recent cases granting copyright protection to distinctive tattoos, this case [...]
Judge issues devastating critique of Righthaven copyright business
April 26, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
In ruling against Righthaven in their suit against an Oregon nonprofit who posted an immigration article from the Las Vegas Review Journal, a U.S. District Court judge wrote, “[Righthaven's] litigation strategy has a chilling effect on potential fair uses of Righthaven-owned articles, diminishes public access to the facts contained therein, and does nothing to advance [...]
Opinion: Righthaven lacks exclusive copyright ownership of Stephens Media news articles
April 19, 2011 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
Electronic Frontier Foundation Senior Staff Attorney Kurt Opsahl says that in obtaining from a federal district court an agreement between Righthaven and Stephens Media, it discovered that although Righthaven claimed in its suits for copyright infringement that it held exclusive rights to reproduce and distribute Stephens Media news articles, that the agreement stated that Righthaven [...]
Federal district judge rules against Righthaven copyright claim
March 22, 2011 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion
A Nevada federal district judge ruled that an Oregon non-profit organization had fair use right to an article from the Las Vegas Review-Journal that it posted on its website. In making the ruling, the judge explained that the article was being used by Righthaven only for the sake of bringing lawsuits and was not serving [...]
Media lawyer analyzes impact of Righthaven copyright lawsuits
March 8, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
In a thorough analysis of the Righthaven enterprise, Jeffrey D. Neuburger, a lawyer specializing in technology and media business, says it is not likely that Righthaven litigation will significantly curtail the re-posting of online news content with links to the source. But the likelihood is getting sued by Righthaven for copyright violations is real so, [...]
Lady Gaga goes to extreme on photo copyright demands
March 8, 2011 by donal brown
Filed under 1st Amendment News, Copyright, News & Opinion, News Gathering
Pop stars routinely limit photojournalists at concerts imposing rules including allowing only three shots, forbidding flashes, and pushing them far from the stage, but Lady Gaga has gone to the extreme by demanding ownership of the shots. From her Photo Release Form: “Photographer hereby acknowledges and agrees that all right, title and interest (including copyright) [...]
Media Bloggers Association criticizes Righthaven in amicus brief
February 28, 2011 by donal brown
Filed under 1st Amendment News, Copyright, Freedom of Speech / Press, News & Opinion
The Media Bloggers Association has asked a federal judge in Nevada to award only minimal damages and no lawyer’s fees to Righthaven who is suing a blogger for violating copyright in publishing an article from the Las Vegas Review-Journal on his website. The lawyers for the bloggers argued in the brief that the damages asked, [...]












