Verizon Sues FCC Over Net Neutrality Rules

By Cecilia Kang
The Washington Post | Article Link

Verizon Communications on Friday sued the Federal Communications Commission to overturn controversial net neutrality rules, saying the regulations are too stringent and go beyond the agency’s authority.

In an ironic twist, the suit comes after a separate legal challenge by Free Press this week that says the rules don’t go far enough to protect wireless customers.

The opposition to the FCC rules portends lengthy legal battles for the agency as it tries to put into effect regulatory goals for the Internet at a time when phone and cable companies are transitioning into broadband services.

In its filing at the U.S. District Court of Appeals for the District of Columbia, Verizon said the rules are illegal.

Copyright Office Proposed Rulemaking on Designation of DMCA Agents For Takedown Notices

By Paul Fakler
Title 17 | Article Link

The Copy­right Office has announced a pro­posed rule­mak­ing to update the pro­ce­dures and require­ments for online ser­vice providers to des­ig­nate an agent to receive notices of copy­right infringe­ment under the DMCA safe har­bor provisions.

One of the key pro­posed changes is the Office’s move to elec­tronic fil­ing of the des­ig­na­tions, which would be stored in a pub­licly acces­si­ble online data­base. This would be a great improve­ment over the cur­rent paper-based sys­tem. The Office also pro­poses requir­ing each online ser­vice provider to ver­ify the accu­racy of the des­ig­na­tion every two years, and allow­ing OSPs to del­e­gate main­te­nance of the des­ig­na­tions to third par­ties. There are lots of other pro­posed changes (and lots of new pro­posed fees), and spe­cific requests for pub­lic input.

Can MTV Sue New Jersey For Nixing 'Jersey Shore' Tax Credit? (Analysis)

By Eriq Gardner
THR, Esq. | Article Link

Why Governor Christie would like nothing better than if MTV sued over $420,00 worth of production incentives.

New Jersey governor Chris Christie made headlines Monday by blocking a $420,000 film tax credit that was approved by the state Economic Development Authority to benefit MTV's Jersey Shore. The move went against the advice of the New Jersey State-Ledger, the local newspaper, which advised the politician in an editorial last week to "think twice" about nixing the credit lest the state open itself to an "army of MTV lawyers" that might sue.

Is there really a potential case here?

The local New Jersey newspaper worried that reneging on the promised tax incentive would open the state to to liability for making a decision that was less than "content-neutral."

“A Big Win For Artists” or “Another Hit For The Recording Industry”

By Ryan Fox & Bartley Morrisroe
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

Thirty-three years later, a look back at 1978 shows the pop-music industry in fine form. Something for everyone? Check. Nineteen seventy-eight saw the debut of Prince, and The Cars’ first album.  The Rolling Stones released Some Girls. There were albums by both Parliament and Funkadelic. Willie Nelson made Stardust. Most of all, the year now impresses as one of great style: Blondie, The Talking Heads. In different circles, Van Halen.

Free Speech Shouldn't Be a Shield for Online Thieves

By Mike McCurry & Mark McKinnon, Arts+Labs
FierceTelecom | Article Link

The First Amendment is critical to much of what Americans cherish about our freedom to pursue our own lives of happiness.  But the concept of free speech does not include the right of others to steal that speech. This is not an idle question. In the name of "free speech," opposition is organizing around legislation pending in Congress that would shut down rogue website businesses that exist to steal the work of others. Protecting those websites in the name of constitutional free speech rights would be outrageous.

We are not lukewarm First Amendment advocates. One of us went to jail to protect freedom of the press and the other routinely had to defend this freedom to belligerent skeptics on the White House staff.  But we believe it is a misuse of the First Amendment to shield rogue websites whose main purpose is distributing illegal copies of intellectual property--counterfeit drugs, business trade secrets, software, music, and movies, to name a few examples. Wittingly or not, providing cover for the crooks will be the result if First Amendment concerns derail legislation such as the "Protect IP Act," a version of which will soon be introduced in the House.

Social Media and its Impact on High-Profile Death Penalty Cases

By Hannah Furst
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

Days before his execution, Troy Davis’s guilt is questioned.

In this era, it is impossible to oversee the overwhelming support generated by social media and the far-reaching impact of open media.

Appeals Court Reinstates $675,000 File Sharing Verdict

By David Kravets
Wired | Article Link

A federal appeals court on Friday reinstated a whopping $675,000 file sharing verdict that a jury levied against a Boston college student for making 30 tracks of music available on a peer-to-peer network.

The decision by the 1st U.S. Circuit Court of Appeals reverses a federal judge who slashed the award as “unconstitutionally excessive.” U.S. District Judge Nancy Gertner of Boston reduced the verdict to $67,500, or $2,250 for each of the 30 tracks defendant Joel Tenenbaum unlawfully downloaded and shared on Kazaa, a popular file sharing peer-to-peer service. The Recording Industry Association of America and Tenenbaum both appealed in what has been the nation’s second RIAA file sharing case to ever reach a jury.

Harlan Ellison Sues Claiming Fox's 'In Time' Rips Off Sci-Fi Story (Exclusive)

By Eriq Gardner

THR, Esq. | Article Link

Legendary sci-fi author files copyright infringement lawsuit to stop the New Regency movie starring Justin Timberlake and Cillian Murphy.

Science fiction legend Harlan Ellison is attempting to kill a high-profile movie that is scheduled to come out in theaters next month. The Hugo award-winning writer has filed a lawsuit against New Regency and director Andrew Niccol over the 20th Century Fox-distributed film, In Time, starring Justin Timberlake, Amanda Seyfried and Cillian Murphy. He is demanding an injunction to prevent the film's October 28 release and the disposal of all copies of the film.

Luxury Status Symbols as Art in “Decepción” Exhibit

By Tracy Ederer
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

I took a trip last Saturday morning to the new exhibit at the Mary Boone Art Gallery, at 745 Fifth Avenue – a gallery smack in the middle of all the glamorous, high-end designer boutiques.  They were featuring an exhibit by the talented artist Luis Gispert, entitled “Decepción.”

Fox, NBC Agree to End 'American Idol,' 'Deal or No Deal' Lotteries

By Eriq Gardner
THR, Esq. | Article Link

Media companies strike an agreement to resolve class action litigation over text message games run for 'American Idol' and 'Deal or No Deal.' Settlement includes five-year injunction and millions of dollars in pay-outs to contestants and the class action lawyers.

Don't count on seeing any cheesy viewer text message contests on TV anytime soon.

NBC, Fox, and many of the production companies behind some of the most successful reality TV competition shows have agreed to an extraordinary five-year injunction that will prohibit them from operating any contest or sweepstakes where viewers make a submission via text message for the possibility of winning a prize.

How "What What (In the Butt)" Unintentionally Bolstered "Fair Use"

By Nate Anderson
ArsTechnica | Article Link

Wisconsin, state of my birth, I salute you for turning out federal judges like J.P. Stadtmueller. Stadtmueller is the man who waded into the swampland of fair use, South Park, and "What What (In the Butt)" to deliver a July 6 order that may break new judicial territory by citing South Park episode "Osama bin Laden Has Farty Pants" in its footnotes. And Stadtmueller has the proper feel for the absurd needed in any judge about to rule on a case involving the phrase, "You want to do it in my butt, in my butt?" His order opens:

EU Agrees To Extend Music Copyright To Seventy Years

By Frances Robinson
The Wall Street Journal | Article Link

Of DOW JONES NEWSWIRES

BRUSSELS (Dow Jones) -- European Union members agreed to extend copyright protection for performances of recorded music to seventy years, meaning works by The Beatles, Rolling Stones and Sir Cliff Richard won't come out of copyright in the near future, the EU said Monday in a statement.

"Today's decision to increase the term of protection for musicians' copyright from 50 to 70 years will make a real difference for performers," EU Commissioner for Internal Market and Services Michel Barnier said in a statement. "With increasing life expectancy, the previous 50-year protection term was clearly insufficient."

The move extends the term of protection for performers and producers of musical works from 50 to 70 years from the date of performance. It brings Europe's artists and producers closer into line with the protection offered to authors and composers, whose rights are enforceable for the duration of their life plus 70 years.

Court Case Asks if ‘Big Brother’ Is Spelled GPS

By Adam Liptak
New York Times | Article Link

WASHINGTON — The precedent is novel. More precisely, the precedent is a novel.

In a series of rulings on the use of satellites and cellphones to track criminal suspects, judges around the country have been citing George Orwell’s “1984” to sound an alarm. They say the Fourth Amendment’s promise of protection from government invasion of privacy is in danger of being replaced by the futuristic surveillance state Orwell described.

In April, Judge Diane P. Wood of the federal appeals court in Chicago wrote that surveillance using global positioning system devices would “make the system that George Orwell depicted in his famous novel, ‘1984,’ seem clumsy.” In a similar case last year, Chief Judge Alex Kozinski of the federal appeals court in San Francisco wrote that “1984 may have come a bit later than predicted, but it’s here at last.”

Lionsgate Sued Over Music Used in LeBron James Documentary

By Eriq Gardner
THR, Esq. | Article Link

A songwriter says that his music was used in 'More Than A Game' without permission.

Lionsgate has been hit with a quirky copyright infringement lawsuit over a piece of music used in documentary More Than A Game, which chronicles basketball superstar LeBron James' rise during his high school days in Ohio.

Tech Execs Should Read the PROTECT IP Act Before Attacking It

By Alex Swartsel
MPAA Blog | Article Link

There’s a theme in the series of letters that we’ve seen so far from collections of people opposed to the PROTECT IP Act, including today’s message from tech executives: they convey sweeping, generic concerns that, compared with the actual language of the bill, seem completely unfounded.

Today’s letter announces: “[W]e fear that if PIPA is allowed to become law in its present form, it will hurt economic growth and chill innovation in legitimate services that help people create, communicate, and make money online. … the bill will create uncertainty for many legitimate businesses and in turn undermine innovation and creativity on those services.”

Madonna's 'Material Girl' Trademark Claim Rejected by Judge

By Eriq Gardner
THR, Esq. | Article Link

The singer is fighting a lawsuit brought by an L.A. clothing company, arguing that she was the first to use the phrase in her 1985 hit song.

Madonna might be living in a material world, but her hold on the phrase "Material Girl" is legally dubious.

A federal judge in California has rejected the pop star's argument that she has established trademark primacy over "Material Girl" for a line of clothing just because she created a song by the same name in 1985.

Madonna and her company, Material Girl Brand, are fighting a lawsuit brought last year by LA Triumph, an L.A.-based clothing retailer that claims to have been selling "Material Girl" clothing since 1997 and has a registered trademark.

The Copyright Infringement Isn’t Theft Trope

By Terry Hart
Copyhype | Article Link

Spend any amount of time reading or talking about copyright and you’re bound to have come across a debate over infringement and theft. Like many internet debates, it is very much a dead horse that has been beaten — I personally have written not one but two posts on the topic — yet the subject never dies.

Case in point: a couple weeks ago, Ben Jones at TorrentFreak resurrected the debate in an article called Copyright Infringement and Theft – The Difference. In it, Jones says, “A common recurring theme in the comments here on TorrentFreak is that P2P file-sharing is ‘stealing’. While such sentiments are often expressed by the industry lobby groups, it’s completely at odds with the law. It could also be the very LAST thing those bodies want.”