Entries categorised as Copyright in Cyberspace:

UK court issues simplified foreign pirate website blocking orders

Posted On March 11, 2013
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The UK High Court has made a court order requiring UK ISPs to block access to three hugely popular peer-to-peer file-sharing web sites based outside the UK.

The court order requires BSkyB, British Telecom, Everything Everywhere, TalkTalk, Telefonica and Virgin Media to block access to H33T, Fenopy, and KAT, on the ground that each service provider “has actual knowledge of another person using their service to infringe copyright”.

As Wragge & Co reports, the court let the claimants off the task of trying to find the operators of the websites in order to formally serve them with notice of the application, accepting it would be pointless to do so.

NZ ‘three strikes’ downloader ordered to pay $600 damages

Posted On February 18, 2013
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A New Zealand Rihanna fan has the dubious honour of being one of the first people to have an enforcement action brought against her for breach of copyright under the Copyright (Infringing File Sharing) Amendment Act 2011 (NZ).

According to a King & Wood Mallesons report, the unnamed woman was ordered to pay $NZ616.57 in damages for making two songs available for download via uTorrent.

Controversial “six-strikes” Copyright Alert System debut delayed

Posted On December 4, 2012
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The Center for Copyright Information, an organization founded and funded by media industry organizations, their members and Internet Service Providers (ISPs), has announced that it would push back the start date and will likely begin to roll out its long anticipated “Copyright Alert System” in the early part of 2013, reports BakerHostetler.

UK report reveals ‘three strikes’ warnings will have limited effect

Posted On November 22, 2012
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A survey commissioned by the UK telecommunications regulator has found that only one-fifth of infringers would be put off further infringement by suspension of their Internet account.

Less drastic measures would have even less success: an ISP letter identifying infringing activity would deter only 16% of infringers, and restricting Internet access speed would deter only 14%.

Other key findings of the survey include:

  • One in six (16%) UK internet users aged 12+ were estimated to have downloaded or streamed/accessed at least one item of online content illegally3 over the 3 month period May-July 2012. A quarter of these (4%) only consumed illegal content.
  • Levels of infringement varied significantly by content type; our survey indicated that 8% of internet users aged 12+ consumed some music illegally over the three month period, while 6% did so for films. For video games and computer software the figure was just 2%.
  • Online copyright infringers across all the content types were more likely to be male (58%), 16-34 (64%) and ABC1 (62%).

Greater transparency under new Twitter copyright takedown policy

Posted On November 14, 2012
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Under a revision to its copyright notice and takedown policy, when Twitter takes down an alleged infringing tweet it will now automatically post a tweet in the user’s feed stating the material has been withheld in response to a report from a copyright holder.

And, as it already does with other requests to block or remove Tweets, Twitter will send these reports to the Chilling Effects website.

Twitter will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as an profile photo, header photo, or background, or to Tweets containing links to allegedly infringing materials.

Information about the process is set out in Twitter’s Copyright and DMCA Policy.

Pirate Bay’s move to the cloud is futile, says anti-piracy body

Posted On November 1, 2012
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The Federation Against Software Theft (FAST) has denounced the Pirate Bay’s move to the cloud as useless, saying measures already exist for governments to access cloud data in cross-border criminal investigations.

The Pirate Bay’s move to the cloud is just the latest phase in the on-going technological war between those who wish to proliferate illicit copies and those trying to stop them, reports DMH Stallard.

Megaupload’s motion to dismiss federal charges denied by US federal court

Posted On October 29, 2012
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The foreign corporation behind the alleged piracy website Megaupload.com has failed in its bid to have criminal copyright charges dismissed on the grounds that it lacked a US mailing address and therefore could not be properly served service of process, reports Arent Fox.

Surfthechannel.com founder jailed over pirated material

Posted On October 9, 2012
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Anton Vickerman, the founder of surfthechannel.com, has become the first person in Britain to be jailed for running a site containing links to illegally uploaded films and television programmes, reports Speechly Bircham.

In a private prosecution brought by the Federation Against Copyright Theft (FACT), Vickerman was tried under the criminal charge of conspiracy to defraud.

It was shown that Vickerman had collaborated with other parties to put the pirated material online, thereby depriving film producers and TV companies of an estimated £98m in lost revenues.

Google and Publishers reach settlement on Digital Library Project

Posted On October 5, 2012
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The Association of American Publishers and Google have settled a seven-year dispute over Google’s book digitisation program.

Under the terms of the settlement, US publishers can choose to make available or choose to remove their books and journals digitized by Google for its Digital Library Project.

Google will allow users to browse up to 20 percent of a book’s content, and then enable them to purchase digital copies through Google Play.

This settlement does not affect Google’s current litigation with the Authors Guild or otherwise address the underlying questions in that suit.

Will New Zealand pirates really walk the plank?

Posted On September 28, 2012
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The Recording Industry Association of New Zealand (RIANZ) has applied for three Internet users to be brought before the Copyright Tribunal and fined for their alleged copyright infringement, reports Baldwins.

Assuming that the current applications have been made in accordance with the the Copyright (Infringing File Sharing) Amendment Act 2011 (within 35 days of the relevant enforcement notices and adequately detailed) and the proceedings are allowed, these might well be the first reported proceedings under any three-strikes system for copyright infringement.

While the current maximum fine is set at $15,000, fines issued by the Copyright Tribunal could be as low as a few hundred dollars.

Regardless of quantum, it appears that New Zealand will be one of the first countries in the world to follow through with its three-strikes legislation.