Recently in the news, articles regarding YouTube, Presidential Candidates, and copyright law are getting attention. In TechNewsWorld.com, Jason Cohen wrote a blog regarding how the Digital Millennium Copyright Act (DMCA), a law that McCain voted for, was now coming back to haunt him. As a result of the DMCA, YouTube, against McCain’s wishes is pulling some of McCain’s political ads off of its website.
Copyright
Recent Development: MDY Industries v. Blizzard Entertainment: Preventing the Use of Software Robots in an Online Game With Copyright Law
NC JOLT Online Edition, Volume 10, Page 1 (November 2008)
Abstract
In MDY Industries v. Blizzard Entertainment, the United States District Court of Arizona had an opportunity to clarify the concept of ownership in software copyright law. The MDY court held that users of Blizzard’s computer video game do not own the physical copies of the game software and thus can only load the game software into their computer’s memory, subject to Blizzard’s license. Several players of Blizzard’s computer video game used software manufactured by MDY Industries in conjunction with the game—a use prohibited by Blizzard’s license.
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Facebook as a Place of Business
A recent Washington Post article entitled “A Social Network Where You Can Be Too Social” described how individuals were kicked off of Facebook for “using it too much.” For example, one young woman was kicked off the site after having sent 100 people a link to her company’s website through Facebook.
Techno-Czar
On Monday, President Bush signed a bill into law that creates a point-man (Technology/IP Czar) in the government to continue the fight against piracy. The IP Czar would be in charge of coordinating efforts to fight IP infringement in all areas of IP including copyright and patent.
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For Less Than a Dollar a Day, an Orphan [Bill] Can Help You
On September 26th, the senate voted unanimously to pass the Shawn Bently Orphan Works Act of 2008. The bill has been declared by many to be dead, at least until after the November election. Orphan works are works by authors who cannot be identified or located.
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One step back, two steps forward towards a more effective Intellectual Property legal system
Last Friday, September 26th, 2009, the Senate passed the “Prioritizing Resources and Organization for Intellectual Property Act of 2008.” It purports to “enhance remedies for violations of intellectual property laws” by creating a cabinet level position that directly reports to the White House.
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And isn’t it Ironic? A Little Too Ironic?
When a recent Recording Industry of America (RIAA) court filing repeatedly used terms like “vexatious,” “good faith,” “frivolous,” or “integrity,” I couldn’t help but be reminded of the great swordsman-sage Inigo Montoya, whose response to a similarly questionable word choice was, “I do not think it means what you think it means.“
Is Fair Use (now) a Right?
The old saying is that fair use is not a right, but an affirmative defense, which, given the state of copyright law, is true.
Article: The Apple Cat and the Fanboy Mouse: Unlocking the Apple iPhone
North Carolina Journal of Law and Technology, Volume 9, Issue 2, Page 295 (July 2008)
Abstract
Currently, Apple forces owners of the iPhone to use AT&T’s wireless network through software contained in the phone’s operating system. The practice of “unlocking” the Apple iPhone for use over any compatible wireless network raises an interesting legal question. Specifically, this Comment considers this question through analysis of the Digital Millennium Copyright Act (“DMCA”), the Carterfone doctrine, and case law interpreting the DMCA within the context of existing copyright law.
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Recent Development: Golan v. Gonzalez: The Stalemate Between the First Amendment and Copyright Continues
North Carolina Journal of Law and Technology, Volume 9, Issue 2, Page 219 (July 2008)
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In the wake of a long history of copyright decisions that have been sparse in terms of First Amendment analysis, the Tenth Circuit in Golan v. Gonzales clearly addresses the First Amendment. This Recent Development analyzes the decision in Golan and argues that while the First Amendment concerns were properly recognized, the ultimate resolution of the Tenth Circuit was incorrect.
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Recent Development: A Bill Without Bite: Why Effective Copyright Monitoring Was Not a Fair Trade-Off for Making College More Affordable
NC JOLT Online Edition, Volume 9, Page 46 (December 2007)
Abstract
Senator Harry Reid proposed S. 1642, an amendment to the Higher Education Act of 1965. This amendment was a diluted version of his original amendment, S.A. 2314, which was proposed as an addition to the College Cost Reduction Act. Each of these amendments proposed procedures that would work to monitor copyright infringement more effectively on college campuses, especially in the areas of peer-to-peer sharing and digital downloading. Under constitutional standards established in South Dakota v.
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Recent Development: Jacobsen v. Katzer: Failure of the Artistic License and Repercussions for Open Source
NC JOLT Online Edition, Volume 9, Page 65 (July 2008)
Abstract
The case of Jacobsen v. Katzer is among the earliest to consider the enforceability of open source software licenses, and is therefore of key interest to the open source community. To the disappointment of that community, the United States District Court for the Northern District of California held that an open source project creator could pursue a breach of contract claim but not a copyright infringement claim against a defendant for violating the project’s license terms.
Recent Development: Mod Chips and Homebrew: A Recipe for Their Continued Use in the Wake of Sony v. Divineo
North Carolina Journal of Law and Technology, Volume 9, Issue 1, Page 113 (December 2007)
Abstract
Sony v. Divineo appears to sound the death knell for use of mod chips within video game systems. With a three million dollar damages claim against a mod chip distributor, it is becoming cost prohibitive to sell these chips directly to consumers. The Digital Millennium Copyright Act, with its potentially crushing requirements, stifles the creativity and innovation of mod chip distributors and overlooks fair use as a defense for the use of mod chips. Fortunately, the next batch of legal forays into the world of mod chips may allow for better outcomes for mod chip distributors.
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Article: Viacom v. YouTube: Preliminary Observations
North Carolina Journal of Law and Technology, Volume 9, Issue 1, Page 43 (December 2007)
Abstract
In March 2007, media giant Viacom brought a $1 billion lawsuit against YouTube for “brazen” and “massive” copyright infringement, claiming the Google-owned online video-sharing website made around 160,000 Viacom-owned videos available to YouTube users without permission. Considering the legal and historical context from which the litigation arose, this Article briefly reviews the dynamic relationship between technology and copyright law over the years, as well as the principal legal theories that make up Viacom's complaint and YouTube's various defenses.
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Article: The Truth and the “Truthiness” About Knowing Material Misrepresentations
North Carolina Journal of Law and Technology, Volume 9, Issue 1, Page 1 (December 2007)
Abstract
In the spring of 2007, MoveOn.org and Brave New Films posted a spoof political attack ad video on YouTube.com. The video, Stop the Falsiness, contained clips of the Comedy Central show, The Colbert Report. Subsequently, Viacom, which owns Comedy Central, sent a “takedown” notice to YouTube alleging that the video infringed Viacom's copyrights. After YouTube removed the video from its site, MoveOn.org and Brave New Films filed a lawsuit against Viacom alleging that Viacom “knowingly materially misrepresented” that the video was infringing.
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Recent Development: Search Engines Score Another Perfect 10: The Continued Misuse of Copyrighted Images on the Internet
North Carolina Journal of Law and Technology, Volume 7, Issue 2, Page 367 (July 2006)
Abstract
In Kelly v. Arriba Soft Corp., the Ninth Circuit held that search engines' reproduction of images for use as thumbnails is a fair use under the Copyright Act. This Recent Development critiques the Ninth Circuit's analysis in determining whether a search engine infringed on a copyright holder's rights. The author proposes that this ruling broadened the scope of fair use on the Internet. As a result, Kelly does not fulfill copyright law's goal of providing a balance between the rights of the copyright holder and the rights of the general public.
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Comment: The Ever-Expanding Complete Preemption Doctrine and the Copyright Act: Is This What Congress Really Wanted?
North Carolina Journal of Law and Technology, Volume 7, Issue 1, Page 205 (December 2005)
Abstract
This comment explores the ways in which the doctrines of preemption, and more recently, complete preemption are being applied to the Copyright Act. In deciding whether claims are preempted by the Copyright Act, courts apply the “Extra Element Test.” However, courts are increasingly applying this test by looking at the facts underlying the claim, rather than the elements needed to prove the claim, and preempting more readily. Once satisfied that the claim is preempted, some courts are allowing complete preemption to take hold, and removing the claim to federal court.
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Article: Anti-Circumvention and Copyright Management Information: Analysis of New Chapter 12 of The Copyright Act
North Carolina Journal of Law and Technology, Volume 1, Issue 1, Page 2 (June 2000)
Abstract
No abstract available.
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Comment: Grey Area: How Recent Developments in Digital Music Production Have Necessitated the Reexamination of Compulsory Licensing for Sample-Based Works
North Carolina Journal of Law and Technology, Volume 6, Issue 1, Page 187 (December 2004)
Abstract
The current structure of the Copyright Act has failed to create a fair market system that is an effective vehicle for ensuring the progress of the arts. Federal District Courts have adopted inconsistent approaches to sampling law, precluding a legal consensus on business practices in a national music industry. Digital sound editing and compositional technology is developing at an unprecedented rate. Meanwhile, sample-based music and the marketing associated with it continue to carve out an increasingly significant niche in the national economy.
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Recent Development: “Insert Court Approved Title Here”: Rosa Parks v. LaFace Records
North Carolina Journal of Law and Technology, Volume 5, Issue 2, Page 277 (June 2004)
Abstract
Ah ha, hush that fuss
Everybody move to the back of the bus
Do you wanna bump slump with us
We the type of people make the club get crunk
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