Posts filtered by tags: Dmca[x]


 

512(f) Claim Against Robo-Notice Sender Can Proceed–Enttech v. Okularity

Okularity “represents” several photography clearinghouses. This means that Okularity’s robots scour the Internet looking for clearinghouse photos and then send automated takedown notices for alleged infringements. “Okularity waits until the notices accumulate to the point when a social media platform disables the infringer’s account before contacting the purported infringer to initiate settlement negotiations.” In this case, the target was the magazine Paper, and Okularity filed 48 takedown noti...
Tags: Amazon, Instagram, Law, Copyright, Dmca, Johnson, Smith, Crossfit, Vodka, Usc, Viacom, Automattic, Shropshire, Umg, Dod, Amaretto


YouTube Defeats Lawsuit Over Cryptocurrency Scam–Ripple v. YouTube

Ripple Labs developed a cryptocurrency called XRP. Scammers phished verified YouTube accounts and then used the hijacked accounts to post YouTube videos–seemingly from Ripple–inducing consumers to transfer their XRP, where they were stolen. YouTube allegedly responded to takedown notices slowly. Ripple Labs and its CEO Brad Garlinghouse (of the Yahoo Peanut Butter manifesto infamy) then sued YouTube for contributory trademark infringement, publicity rights violations, and 17200. The court dismis...
Tags: Google, Law, Youtube, Ebay, Marketing, Dmca, Trademark, Privacy/security, Louis Vuitton, Tiffany, Hepp, Derivative Liability, Publicity/Privacy Rights, Brad Garlinghouse, Ripple Labs Inc, YouTube LLC


After Restoring YouTube-dl, GitHub Revamps Its Copyright Takedown Policy

On October 23rd GitHub initially complied with a takedown request for the open-source project youtube-dl — and then after 24 days, reinstated it. "If there's a silver lining to the episode, it's that GitHub is implementing new policies to avoid a repeat of a repeat situation moving forward," reports Engadget: First, it says a team of both technical and legal experts will manually evaluate every single section 1201 claim. In instances where there's any ambiguity to a claim, the company says it ...
Tags: Tech, Dmca, Engadget


Now's the Time to Tell Congress to Ban Carriers From Selling Locked Phones

Late last month, the UK banned carriers from locking smartphones. Now, Wired is reporting that the same thing might happen in the U.S. in 2021, as consumer activists push legislators to do away with some pesky regulations that allow for locked phones in the first place.Read more...
Tags: Gadgets, UK, Science, Smartphones, Dmca, Carriers, Consumer Advocacy, Consumer Tech, Right To Repair, Unlocked phones, Unlock Da Phones, Time to Tell Congress


GitHub restores youtube-dl project, sets up fund to defend developers against DMCA claims

Microsoft-owned code repository GitHub has restored youtube-dl — an open-source third party utility to download YouTube videos and associated metadata like subtitles — that it took down in September following a copyright claim from the Recording Industry Association of America (RIAA). The RIAA had argued that youtube-dl illegally circumvented protections against downloading of videos on YouTube. GitHub announced the restoration of the project on its blog. Why did GitHub reverse its decision? Th...
Tags: Travel, News, Microsoft, Youtube, US, Copyright, Dmca, Riaa, Github, Electronic Frontier Foundation, Recording Industry Association of America RIAA, YouTube GitHub


GitHub Defies Copyright Cops, Restores YouTube Downloader

Last month, GitHub removed a popular tool that is used to download videos from websites like YouTube after it received a DMCA takedown notice from the Recording Industry Association of America. For a moment, it seemed that GitHub might throw developers under the bus in the same fashion that Twitch has recently treated…Read more...
Tags: Science, Youtube, Dmca, Github, Recording Industry Association of America, Youtube Dl, Right To Research


GitHub defies RIAA takedown notice, restoring YouTube-dl and starting $1M defense fund

GitHub has restored the code of a project that the RIAA demanded it take down last month after finding that the group’s DMCA complaint was meritless. YouTube-dl, a tool that lets videos from the streaming site be downloaded for offline viewing, is back in action — and GitHub is changing its policy and earmarking a million dollars for a legal defense fund against future importunities. The controversy began in mid-October when the RIAA sent a DMCA complaint to GitHub claiming that YouTube -dl...
Tags: Developer, Youtube, Tech, Copyright, Eff, Dmca, Piracy, Riaa, Github, Copyright Law, Electronic Frontier Foundation, Section 1201, Youtube-dl


Twitch Users Protest Its DMCA Policy By Streaming Videos With Homemade Sound Effects

Wednesday Twitch warned its users to delete any videos containing copyrighted music. PC Gamer reports on what happened next: Since October, Twitch has been deleting significant quantities of videos over copyright claims, leaving the affected streamers with no way to respond or issue counter-claims. Twitch eventually explained that the number of DMCA notifications it receives from major record labels has surged, going from "fewer than 50" each year to "thousands" beginning in May. The recommenda...
Tags: Tech, Dmca


How to Avoid DMCA Takedowns on Twitch

Background tunes make Twitch streams more immersive and fun, but the platform has seen an increase in Digital Millennium Copyright Act (DMCA) infringement notifications targeting streamers playing recorded music during their streams. This uptick led to weeks of confusion, with streamers unsure of Twitch’s music…Read more...
Tags: Gaming, Copyright, Streaming, Dmca, Lifehacks, Twitch


Twitch Says It's In Talks To License Music, Tells Users To Delete Videos With Unauthorized Tracks

In a lengthy blog post, Twitch told streamers that they must stop playing recorded music on their streams (unless it's officially licensed) and that "if you haven't already, you should review your historical VODs and Clips that may have music in them and delete any archives that might." Variety reports: The Amazon-owned live-streaming platform also claimed that it is "actively speaking with the major record labels about potential approaches to additional licenses that would be appropriate for th...
Tags: Amazon, Tech, Dmca, Jeff Bezos, Riaa, Twitch, SAG AFTRA


Netflix Files Copyright Notices Against Negative Tweets That Included Its Movie Trailer

Some of the dozens of tweets Netflix issued DMCA claims against used clips from the actual movie, TorrentFreak reports, in which case Netflix’s claims are understandable. However, many of the tweets in question shared the film’s trailer, which is widely and publicly available on YouTube for anyone to view or share. – Ars Technica
Tags: Art, Media, Netflix, Dmca, 11.05.20


RIAA Takedowns Backfire as Pirated MP3s Now Surface on GitHub (slashdot)

Two weeks ago the RIAA asked GitHub to remove the open-source stream-ripper software youtube-dl. This request wasn't well-received by developers, many of whom retaliated by posting copies of the code. Yesterday, things went from bad to worse when a user with the name 'FuckTheRIAA' uploaded three MP3s of the songs the RIAA mentioned in its takedown notice. TorrentFreak reports: A few hours ago we spotted a new GitHub user named 'FuckTheRIAA' who uploaded a copy of youtube-dl as well as a 'FuckThe...
Tags: News, Youtube, Dmca, Riaa, Justin Timberlake, BeauHD


Proctoring Software Company Used DMCA To Take Down a Student's Critical Tweets

A series of tweets by one Miami University student that were critical of a proctoring software company have been hidden by Twitter after the company filed a copyright takedown notice. TechCrunch reports: Erik Johnson, a student who works as a security researcher on the side, posted a lengthy tweet thread in early September about Proctorio, an Arizona-based software company that several U.S. schools -- including his own -- use to monitor students who are taking their exams remotely. But six weeks...
Tags: Twitter, Tech, Arizona, Dmca, Edelman, Johnson, Wayback Machine, Scottsdale Arizona, Miami University, Erik Johnson, Proctorio, Andy Lutzky


Proctorio used DMCA to take down a student’s critical tweets

A series of tweets by one University of Miami student that were critical of a proctoring software company have been hidden by Twitter after the company filed a copyright takedown notice. Erik Johnson, a student who works as a security researcher on the side, posted a lengthy tweet thread in early September about Proctorio, an Arizona-based software company that several U.S. schools — including his own — use to monitor students who are taking their exams remotely. But six weeks later, Johnson rec...
Tags: Twitter, Florida, Washington, New York City, Tech, Arizona, Dmca, Michigan, Edelman, Johnson, Wayback Machine, Erik, University Of Miami, University of British Columbia, Scottsdale Ariz, Olsen


RIAA Takedowns Backfire as Pirated MP3s Now Surface on GitHub

Two weeks ago the RIAA asked GitHub to remove the open-source stream-ripper software youtube-dl. This request wasn't well-received by developers, many of whom retaliated by posting copies of the code. Yesterday, things went from bad to worse when a user with the name 'FuckTheRIAA' uploaded three MP3s of the songs the RIAA mentioned in its takedown notice. TorrentFreak reports: A few hours ago we spotted a new GitHub user named 'FuckTheRIAA' who uploaded a copy of youtube-dl as well as a 'FuckThe...
Tags: Youtube, Tech, Dmca, Riaa, Justin Timberlake


GitHub warns devs face ban if they fork DMCA'd YouTube download tool... while hinting how to beat the RIAA

No, no, no, you hit it like this *whack* GitHub has warned it may ban users who fork a DMCA'd YouTube download tool on its platform while at the same time hinting at how netizens can continue distributing the software without drawing fire.…
Tags: Software, Dmca, Riaa, Github


The RIAA is coming for the YouTube downloaders

In ye olden days of piracy, RIAA takedown notices were a common thing — I received a few myself. But that’s mostly fallen off as tracking pirates has gotten more difficult. But the RIAA can still issue nastygrams — to the creators of software that could potentially be used to violate copyright, like YouTube downloaders. One such popular tool used by many developers, YouTube-DL, has been removed from GitHub for the present after an RIAA threat, as noted by Freedom of the Press Foundation’s Parker...
Tags: Google, Media, Developer, Youtube, Tech, Dmca, Piracy, Riaa, Association, Freedom Of The Press Foundation, Parker Higgins, Shock Horror Piracy YouTube DL


Streaming As Infringement

Some basic questions on streaming and internet and copyright can be found on this (oldish) video about Youtube. But it comes down to that if you created something, you have some rights in dictating how people use that thing when it creates a derivative work. By derivative work I mean the legal version of this term, better explained by real lawyers. I remember sitting in a class about this stuff 15 years ago and it was already well-understood that the internet, as used by individuals back then...
Tags: Google, Japan, Usa, Congress, Disney, Tesla, Dmca, Anime, Modern Visual Culture, Digibro, Gura, Hololive, Gawr Gura, Silicon Valley Tech Startup, USA Tesla


Google Stadia [Employee*] Has a License to Stupid and He's Not Afraid to Use It

Here it is, folks, the worst take on video game livestreaming that the internet has to offer.Read more...
Tags: Science, Copyright, Dmca, Twitch, Alex Hutchinson, Takedown Notices, Google Stadia


Google Stadia Exec Has a License to Stupid and He's Not Afraid to Use It

Here it is, folks, the worst take on video game livestreaming that the internet has to offer. Read more...
Tags: Google, Science, Copyright, Dmca, Twitch, Alex Hutchinson, Takedown Notices, Google Stadia


Nintendo Issues DMCA to Lewd Peach Eroge “Peach’s Untold Tale”

Nintendo has continued in its endless bloodthirsty pursuit of destroying the creations of dedicated fans by issuing DMCAs, this time with the company targeting an old flash porn game that has existed for 8 years: “Peach’s Untold Tale”. Initially developed in 2012, Peach’s Untold Tale has players assuming the role of Peach as she goes […]
Tags: Games, Parody, Copyright, Illustration, Artists, Nintendo, Mario, Dmca, Anime, Oppai, H, Image Gallery, Eroge


Archivists Want Broader DMCA Exemption for 'Abandoned' Online Games

Several organizations have asked the Copyright Office to renew the exemption to the DMCA's DRM circumvention restrictions. This would allow, they argued, abandoned online games to be preserved for future generations. In addition, the Software Preservation Network and the Library Copyright Alliance have asked for an expansion to allow these games to be made available more broadly. Read more of this story at Slashdot.
Tags: Tech, Dmca, Copyright Office, Library Copyright Alliance, Software Preservation Network


YouTube creator’s misrepresentation case over DMCA takedown notices lacked certain key evidence

Plaintiff ran a YouTube channel. Defendant sent takedown notices under the Digital Millennium Copyright Act (DMCA) to YouTube alleging that plaintiff infringed defendant’s copyright. Plaintiff sued defendant under 17 U.S.C. §512(f), which provides for recovery when a person sends a DMCA takedown notice based on “knowingly materially misrepresented” facts. The district court granted defendant’s summary judgment motion. Plaintiff sought review with the Eleventh Circuit. On appeal, the court af...
Tags: Law, Youtube, Chicago, Dmca, Johnson, Evan, Ninth Circuit, Universal Music Corp, Lenz, Evan Brown, Eleventh Circuit On, New Destiny Christian Center Church Inc


Infringing Polish Website Isn’t Subject to Personal Jurisdiction in the United States–AMA v. Wanat

AMA Multimedia sued Marcin Wanat, Maciej Madon, and MW Media, a Poland-based partnership. AMA was only able to serve Wanat, so he’s the only defendant in the lawsuit. He moved to dismiss for lack of personal jurisdiction in the United States. The district court agreed. The Ninth Circuit affirms in 4 opinions from a 3-judge panel: a consensus opinion, two concurrences (one from the author of the consensus–it’s unusual for the author of the lead opinion to write an opinion concurring with him/her...
Tags: Supreme Court, Law, California, Virginia, Court, US, Godaddy, Eu, E-commerce, Copyright, United States, Netherlands, Arizona, Poland, Dmca, Jones


Court Orders Rightsowner to Withdraw DMCA Takedown Notices Sent to Amazon–Beyond Blond v. Heldman

This case involves an Amazon seller, the plaintiff, who packages and republishes public domain cartoon videos, like Bugs Bunny, Popeye, and Mighty Mouse. The defendant is a rightsowner who claims that the Amazon seller infringes its rights. On that basis, the rightsowner sent multiple DMCA takedown notices to Amazon. The plaintiff counternoticed, but Amazon rejected the counternotices, so the plaintiff sued. It appears the rightsowner is claiming copyright and trademark rights in the term “carto...
Tags: Amazon, Law, E-commerce, Copyright, Dmca, Johnson, Smith, Trademark, Crossfit, Vodka, Usc, Viacom, Automattic, Shropshire, Umg, Dod


IAP Defeats Vicarious Copyright Infringement Claim–UMG v. Bright House

In a good ruling for Internet access providers (IAPs), a court said that the IAP Bright House wasn’t vicariously liable for its users’ copyright infringing activity because the IAP lacked a direct financial benefit. The court says that the legal standard for direct financial interest can’t be whether infringing works were “a draw” for consumers, because that reads the word “direct” out of the test, which allows “the imposition of vicarious liability based on indirect, highly attenuated connecti...
Tags: Apple, Law, Senate, Marketing, Copyright, Dmca, Umg, Fla, Derivative Liability, IAP, UMG Recordings Inc, Bright House, Steadfast, ALS Scan, IAP Bright House, Bright House Plaintiffs


New Repository Leaks Souce Code From Microsoft, Adobe, and Dozens of Other Companies

Bleeping Computer reported this week that a new public repository of leaked code includes big names like Microsoft, Adobe, Lenovo, AMD, Qualcomm, Motorola, Roblox, and Disney: The leaks have been collected by Tillie Kottmann, a developer and reverse engineer, from various sources and from their own hunting for misconfigured devops tools that offer access to source code... According to Bank Security, a researcher focused on banking threats and fraud, code from more than 50 companies is published ...
Tags: Microsoft, Disney, Tech, Dmca, Lenovo, Tom, Mercedes Benz, Daimler AG, ESET, Bleeping Computer, BleepingComputer, Bank Security, Kottmann, Jake Moore, Tillie Kottmann, Qualcomm Motorola Roblox


Data Center Avoids Copyright Liability By Forwarding DMCA Notices to Its Customer–ALS Scan v. Steadfast

Steadfast operates data centers. Imagebam is one of its customers. Imagebam provides image hosting services. Allegedly, Imagebam has “become an unauthorized hub of copyrighted adult material.” ALS Scan, which owns many copyrights in pornographic works, sent Steadfast DMCA takedown notices targeting images posted by Imagebam users. Steadfast forwarded the DMCA notices to Imagebam, which acted upon them. My blog post on a prior district court ruling. The court doesn’t mention this explicitly, but...
Tags: Amazon, Law, Copyright, Dmca, Ninth Circuit, Giganews, Derivative Liability, IAP, Imagebam, Flixya, ALS Scan Inc


Comments on the “Platform Accountability and Consumer Transparency Act” (the “PACT Act”)

Last month, Sens. Schatz and Thune introduced S. 4066, “Platform Accountability and Consumer Transparency Act” (the “PACT Act”). The bill was pitched as a narrow and modest bipartisan reform of Section 230; and Daphne Keller of Stanford labeled the bill an “intellectually serious effort” and a “huge step forward” compared to other alternatives. While the PACT Act may lack the malevolence of more extreme Section 230 reform proposals, it’s not narrow, modest, or good. Some of the bill’s biggest p...
Tags: Google, Facebook, Law, California, Stanford, US, Chicago, United States, Hud, Bird, Dmca, Doj, ECPA, Ugc, Stubhub, Ftc


Print-on-Demand Vendor Doesn’t Qualify for DMCA Safe Harbor–Feingold v. RageOn

This case involves two copyright-protected photos that users submitted to the RageOn print-on-demand service. Among other defenses, RageOn invoked the DMCA safe harbor. The Greg Young v. Zazzle case held that Zazzle qualified for the 512(c) safe harbor for displaying user-supplied photo on its site, but not for manufacturing and shipping the physical items contain the photos. This court says that RageOn disqualified for several of the DMCA safe harbor’s elements. The court says RageOn got financ...
Tags: Amazon, Law, Ebay, E-commerce, Copyright, Williams, Dmca, Atari, Smith, Ohio State, Zazzle, Trademark, King, Harley Davidson, Osu, Tiffany