Text of Decision Denying Viacom's Motion to Compel Production Of Google's Source Code

Viacom sought Google’s source code for its search software to support its claim that “Defendants have purposefully designed or modified the tool to facilitate the location of infriging content. Motion to compel production denied.

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Filed under: DMCA


Law School Fact Pattern: Prince, Radiohead, 'Creep' and the DMCA

radiohead creep.jpg
‘Creep’ by Radiohead is a great song. Eliza Lumley does a good cover. I imagine Prince would too. He performed the song at a concert, someone videotaped his performance, and then posted it on YouTube. Prince sent a DMCA letter and got the video taken down. Thom Yorke of Radiohead found out and allegedly asked Prince to restore the video, indicating that Radiohead was the copyright owner and he had wanted to see Prince’s version.
The video could, in theory, infringe various rights. It could have been a breach of contract if the venue prohibited filming; it might violate Prince’s right of publicity or trademark. Prince didn’t own the copyright in the composition so that’s out. If Prince had recorded the performance, the video wouldn’t be a copy of that recording. As this EFF post points out, the video may violated the anti-bootlegging statute; however it’s my understanding that that is not a copyright right under DMCA. If Prince had recorded his performance that would have ‘fixed’ his choreography. Maybe his set is copyrighted (his guitar is a registered copyright (and trademark)). So it seems that Prince may very well have a good faith belief that he owned a copyright that was infringed by the video.


Google's Answer To Amended Complaint in Viacom vs Google

Google’s answer to amended complaint in Viacom v Google:

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Filed under: DMCA


Declaratory Judgment re Immunity for Domain Name Registrar

Customer of domain name registrar (Intercosmos Media dba DirectNic) allegedly uploads infringing material. Copyright owner sues registrar. Registrar seeks declaratory judgment of non-infringement as copyright owner didn’t complay with DMCA.

Read this doc on Scribd: complaint intercosmos directnic
Filed under: DMCA


"Never Gonna Give You Up"

Ugh, now it’s stuck in my head.
Never gonna let you down.
Mediocre song.
Never gonna run around and desert you.
This Rickrolling thing has gone a tad far.
Never gonna make you cry.
Anyway, the Mets got rickrolled, there was a video . . .
Never gonna say goodbye
and MLB used DMCA to shut it down.

Never gonna tell a lie and hurt you.

Filed under: DMCA


Remarks of MPAA Chairman Glickman and Commentary

HuffingtonPost comments on MPAA Chairman Dan Glickman’s remarks reproduced below.

Read this doc on Scribd: MPAA Glickman remarks march 08

Filed under: DMCA


"With A Death In Congress, An IP Shakeup Looks Likely"

Ars Technica: “With a Death in Congress, an IP Shakeup Looks Likely

Rep. Tom Lantos’ (D-CA) death from esophageal cancer last night leaves an opening at the top of the House Foreign Affairs Committee, an opening that appears to be perfectly shaped like Howard Berman (D-CA). Berman is expected to take over the foreign affairs post, which will open his current spot as chair of the Subcommittee on Courts, the Internet and Intellectual Property. Rick Boucher (D-VA), who’s in favor of expanded fair use rights and DMCA reform, looks to be next in line.
Berman hails from Hollywood and has been a powerful Congressional backer of the entertainment industry. Known as Congressman Hollywood, he’s pushed everything from higher radio station royalty payments to the MPAA’s campaign against colleges to the current PRO-IP Act.

Filed under: DMCA


"'Copying' Music You Own Is 'Stealing'"

ArsTechnica: “Song BMG’s Chief Anti-Piracy Lawyer: “Copying” Music You Own Is “Stealing”:
“Testimony today in Capitol Records, et al v. Jammie Thomas quickly and inadvertently turned to the topic of fair use when Jennifer Pariser, the head of litigation for Sony BMG, was called to the stand to testify. Pariser said that file-sharing is extremely damaging to the music industry and that record labels are particularly affected. In doing so, she advocated a view of copyright that would turn many honest people into thieves.”

Filed under: DMCA


"Parents' Fury At Google's Copyright Roadblock"

The Register: “Parents’ Fury at Google’s Copyright Roadblock“:
“Imagine if you walked into Scotland Yard to report a crime involving children, only to be given a telling off, before you’d opened your mouth, about the dire penalties for wasting police time. And that your complaints would be forwarded to a watchdog – and that you’d better come back with a lawyer.
That’s how a group of parents feel after seeing photographs of their kids defaced on Orkut. Members of Google’s social network created “mash-ups” of photographs originally posted to Flickr – adding text, some of which contained sexual innuendo, for children as young as five.”

Filed under: DMCA


"Creationists Silence Critics With DMCA"

Slashdot: “Creationists Silence Critics with DMCA“:
“As richarddawkins.net reports., an organization called Creation Science Evangelism Ministries has been submitting DMCA copyright requests to YouTube resulting in the Rational Response Squad being banned after they protested against videos being taken down and accounts being closed by YouTube. Rational Response Squad are attacking creationism (AKA intelligent design) and promoting the atheist viewpoint.”

Filed under: DMCA