EFF

Court: Ringtones Not a 'Public Performance'; No Extra Royalty

Authored by Mark Hefflinger on October 15, 2009 - 10:28am.
San Francisco - A federal court has ruled that a cell phone ringtone sounded in public does not constitute a "public performance" under copyright law, and therefore performing rights organizations like ASCAP are not entitled to additional royalty payments from ringtones. "When a ringtone plays on a cellular telephone, even when that occurs in public, the user is exempt from copyright liability, and [the cellular carrier] is not liable either secondarily or directly," the court said in its ruling.

France, Privacy Advocates Voice Google Book Deal Concerns

Authored by Mark Hefflinger on September 8, 2009 - 8:57am.
Mountain View, Calif. - Responding to concerns voiced by Germany, France and the European Commission, Google (NASD: GOOG) announced that it will not include European out-of-print works that are still in copyright in its massive digital book index without authors' permissions. A French Cultural Ministry official told Reuters that France will join Germany in asking a U.S. court to block Google's proposed $125 million settlement with authors over its book-scanning project.

Apple: 'Jailbreak' iPhones Could Cripple Cell Phone Towers

Authored by Mark Hefflinger on July 29, 2009 - 11:57am.
Washington - Apple (NASD: AAPL) has cautioned in comments filed with the U.S. Copyright Office that allowing consumers to "jailbreak" the iPhone, or remove security that prevents applications not authorized by the company to run on the smartphone, could lead to cyberattacks on cell phone towers, Wired.com reported. The Electronic Frontier Foundation (EFF), which submitted its own comments arguing that consumers should be allowed to jailbreak their mobile phones without fear of violating the Digital Millennium Copyright Act, called Apple's claim a "theoretical threat," adding that homebrew applications can be run on open-source, Google Android-based T-Mobile phones.

tags: Mobile | Law | Policy | Apple | EFF | iPhone |

ACLU, EFF Urge Stronger Privacy at Google Book Search

Authored by Mark Hefflinger on July 24, 2009 - 6:08am.
San Francisco - A number of digital civil liberties advocates, including the ACLU and Electronic Frontier Foundation (EFF), this week sent a letter to Google's (NASD: GOOG) chief executive, urging the company to implement stringent privacy standards for its Google Book Search service. The organizations, which also included the Samuelson Clinic at the University of California, note that currently, Google tracks every book a user searches for and browses, as well as which titles are read and even what a user writes in the digital margins.

EFF Creates Website Terms of Service-Tracking Tool

Authored by Mark Hefflinger on June 5, 2009 - 9:35am.
San Francisco - The Electronic Frontier Foundation (EFF), a digital civil liberties advocacy group, has launched a news Web tool that tracks changes to the "Terms of Service" policies of major companies, which govern how they use personal information.

CNET: Six Months In, No RIAA Deals With ISPs on P2P

Authored by Mark Hefflinger on June 4, 2009 - 10:24am.
San Francisco - Six months after the Recording Industry Association of America (RIAA) announced it would cease its litigation campaign against file-swappers and
tags: Law | Lawsuits | Music | AT&T | RIAA | EFF | Three-Strikes |

EFF Launches "Teaching Copyright" Curriculum, Website

Authored by Mark Hefflinger on May 28, 2009 - 12:25pm.
San Francisco - The Electronic Frontier Foundation (EFF), a digital civil liberties advocacy group, on Thursday launched a new "Teaching Copyright" curriculum and website.

Apple Sued for Stifling Web Speech About iPhone, iPod Security

Authored by Mark Hefflinger on April 28, 2009 - 8:49am.
San Francisco - Apple (NASD: AAPL) has been sued by digital civil liberties group the Electronic Frontier Foundation (EFF) over its stifling of discussion about methods of putting non-Apple software on iPhones and iPods on the Internet. Apple sent OdioWorks, the operator of a website called BluWiki where users were discussing such methods, a letter demanding the discussions be removed. The company argues that the discussions violated the Digital Millennium Copyright Act (DMCA), under which it is a crime to circumvent copy-protection security measures.

TorrentSpy to Appeal Loss in MPAA Email "Hack" Case

Authored by Mark Hefflinger on April 13, 2009 - 12:51pm.
Los Angeles - TorrentSpy, an index of files available for sharing on the BitTorrent peer-to-peer network that was shut down after a copyright infringement lawsuit from the Motion Picture Association of America (MPAA), has filed an appeal of part of the case that involved the MPAA's hiring of a hacker to obtain emails from the company, TorrentFreak reported.

Warner Music Targets User-Generated Videos on Vimeo

Authored by Mark Hefflinger on April 7, 2009 - 12:59pm.
San Francisco - Warner Music Group (NYSE: WMG) has expanded its campaign to rid user-generated videos of its copyrighted music beyond YouTube (NASD: GOOG) to Vimeo, where the wife of a ZDNet columnist saw her video slideshow of friends drinking removed under a Digital Millennium Copyright Act (DMCA) takedown notice. The reporter believes the music in the video to be a "fair use" of Warner's content. The Electronic Frontier Foundation (EFF) noted that a recent court ruling stipulated that copyright owners must consider fair use before sending DMCA takedown notices, or face charges of misrepresentation under the DMCA.

Groups Press Obama to Diversify IP-Related Appointments

Authored by Mark Hefflinger on April 3, 2009 - 9:12am.
Washington - A coalition of public interest groups has written to President Obama, calling on him to "diversify" future appointments to intellectual property policy positions, after Obama named several former attorneys from the Recording Industry Association of America (RIAA) to top positions within the Justice Department. The 19 organizations signing onto the letter included the Electronic Frontier Foundation (EFF), Public Knowledge, Consumer Electronics Association, American Library Association and Wikimedia Foundation.

Veoh Prevails in Universal Music Copyright Lawsuit

Authored by Mark Hefflinger on January 6, 2009 - 12:04pm.

San Francisco - Video hosting site Veoh has prevailed in a copyright infringement suit filed against the company by Universal Music Group, with the court ruling that transcoding and other activities utilized in serving streaming video are covered under the "safe harbor" provisions of the Digital Millennium Copyright Act (DMCA). Universal sued Veoh over music videos uploaded to the site by users, arguing that the safe harbor that protects service providers from liability from copyright infringement committed by users of their services applies only to storing such material on a server.

RIAA Drops Lawsuit Campaign; Asks ISPs to Police Customers

Authored by Mark Hefflinger on December 19, 2008 - 9:50am.

New York - After five years and more than 35,000 copyright infringement lawsuits filed against suspected music file-swappers, the Recording Industry Association of America (RIAA) has decided to end its litigation campaign, opting instead to negotiate agreements with Internet service providers to take action against their subscribers, the Wall Street Journal reported on Friday. The RIAA has "hashed out preliminary agreements with major ISPs" that will take somewhat of a "three-strikes" approach, asking customers to stop file-sharing, and potentially cutting off their Internet access if they fail to comply after multiple notices.

Tennessee Passes RIAA-Backed Campus Downloading Bill

Authored by Mark Hefflinger on November 18, 2008 - 10:27am.

Nashville - Tennessee Gov. Phil Bredesen last week signed into law a bill that will compel universities in the state to invest in campus network anti-piracy technologies, should they receive a certain number of notices that their students are believed to be illegally downloading copyrighted material in a given year.

tags: Law | Policy | P2P | Music | RIAA | Copyright | EFF |

MPAA Says RealDVD Lawsuit is Not "Controlling Innovation"

Authored by Mark Hefflinger on October 20, 2008 - 11:45am.

Los Angeles - The Motion Picture Association of America (MPAA) has responded to an allegation that the studios are "against innovation" with an open letter to the Electronic Frontier Foundation (EFF), a digital civil liberties group that has sided with RealNetworks in a dispute with the studios over the company's DVD-copying software, CNET News.com reported.

Wal-Mart to Discontinue Update Support for DRM-Wrapped Songs

Authored by Mark Hefflinger on September 29, 2008 - 11:39am.

San Francisco - After similar moves were made by Microsoft (NASD: MSFT) and Yahoo (NASD: YHOO), Wal-Mart (NYSE: WMT) has announced plans to shut down servers that provide continued access for consumers to songs they purchased from its digital music store that were wrapped in digital rights management (DRM) security -- which the company has since abandoned in favor of MP3s.

tags: Music | Microsoft | Yahoo | Wal-Mart | DRM | EFF |

RIAA Seeks Sanctions Against File-Swapper Defense Attorney

Authored by Mark Hefflinger on September 18, 2008 - 10:01am.

Los Angeles - The Recording Industry Association of America (RIAA) has filed court documents seeking sanctions against Ray Beckerman, an attorney who defends those accused of illegal file-sharing and runs a blog documenting those and other related cases, called Recording Industry vs. The People.

Judge: Copyright Owners Must Weigh "Fair Use" in Complaints

Authored by Mark Hefflinger on August 21, 2008 - 9:45am.

Los Angeles - A federal judge ruled on Wednesday that copyright holders must consider the potential "fair use" of their works before sending copyright takedown notices to online video sites. "In order for a copyright owner to proceed under the DMCA with 'a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,' the owner must evaluate whether the material makes fair use of the copyright," U.S. District Judge Jeremy Fogel wrote, in his ruling.

tags: Video | Law | Lawsuits | Music | DMCA | Copyright | Fair Use | EFF |

Yahoo Music to Refund Purchases on DRM-Locked Songs

Authored by Mark Hefflinger on July 30, 2008 - 6:41am.

San Francisco - Yahoo (NASD: YHOO) has announced that it will provide refunds to any consumers who purchased songs locked by digital rights management (DRM), which otherwise would have eventually become unplayable after the company discontinues support for the technology. Yahoo had initially not offered any compensation to patrons of its Yahoo Music Unlimited service who purchased song downloads; had they needed to reauthorize the tracks on a new computer, for instance, they would have found the songs unplayable.

EFF Says Yahoo Should Replace Users' DRM-Locked Music

Authored by Mark Hefflinger on July 25, 2008 - 9:19am.

San Francisco - Yahoo (NASD: YHOO) is taking some criticism for following a move Microsoft (NASD: MSFT) was compelled to backtrack on, namely discontinuing a digital rights management-laden music service in a way that will make some songs purchased by consumers unplayable. Microsoft eventually added three years of support for customers who purchased downloads from its MSN Music store, who complained that their songs would no longer be available if they ever had to reauthorize them on another computer.

tags: Music | Microsoft | Yahoo | DRM | EFF | MSN Music |