In-Depth Analysis


Oceans Rise, Cities Fall, DVD Ban Remains

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As sure as the fall follows summer, and the sun rises in the east, the sixth triennial DMCA Section 1201 exemption process resulted in the rejection of our request for an exemption for creating private copies of DVDs and Blu Ray discs (DVD/BRDs). Consumers have long sought exemptions for private copying of DVDs, and more recently Blu Ray discs, for purposes ranging from Linux compatibility, to putting videos on home media servers, to making back-up copies in case discs get scratched, to watching them on devices lacking optical drives, like tablets, smartphones, and most modern laptops.

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Flo & Eddie and the Continued Debate on Copyrights for Public Performances of Sound Recordings

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On Wednesday, we filed an amicus brief in the 9th Circuit Court of Appeals, asking the court to overturn a district court decision for Flo & Eddie against Pandora. Flo & Eddie, the company that owns the rights to The Turtles’ albums, has sued streaming service Pandora, saying that Pandora needed to get a license to play their records.

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Copyrights for Public Performances of Sound Recordings: Consequences of Flo & Eddie v. Sirius XM

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Last week, Public Knowledge filed an amicus brief in lawsuit between the company Flo & Eddie, which owns the rights to The Turtles’ records, and satellite radio company XM Sirius. In the brief, we argue that a New York district court wrongly assumed that Flo & Eddie had the right, under state law, to sue Sirius XM for airing the tracks without paying them.

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A Piece of Internet Freedom, in the Hands of an Appeals Court

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It may seem hard to believe that the future of the Internet is at the forefront of an “extremely boring case about invisible braces.” But that’s exactly what’s happening with a case called ClearCorrect v. International Trade Commission, which was argued this morning before the Court of Appeals for the Federal Circuit.

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The First Net Neutrality Complaint Under The 2015 Rules Is Likely To Lose, And That’s A Good Thing.

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As reported by Brian Fung in the Washington Post and others, a company called Commercial Network Services (CNS) has filed the first network neutrality complaint under the FCC’s new rules — which went into effect June 12 after the D.C. Circuit denied a stay request. You can read the complaint here. While I probably should not prejudge things, I expect the FCC to deny the complaint for the excellent reason that — accepting all the facts alleged as true — Time Warner Cable did absolutely nothing wrong.

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