Items tagged "Safe Harbor"

Post

EU to US: Undoing Broadband Privacy Signals U.S. Is Not Serious About Privacy Protections

April 12, 2017 Broadband Privacy , International , Net Neutrality , Privacy Shield , Safe Harbor

Last week, the European Parliament (EP) passed a resolution manifesting concern over the EU-US Privacy Shield, a legal scheme that allows American companies to transfer personal data from the European Union to the United States. In a nutshell, the EP is worried that the U.S. government doesn’t take privacy protection seriously, and the Members of the European Parliament (MEPs) make explicit reference to, among other things, the Trump administration’s undoing of the Federal Communication Commission’s broadband privacy rules.

Read More
Post

PK In The Know Podcast: Government Shutdown, PK IP3, Charging for Public Artwork, DMCA Safe Harbor

October 18, 2013 DMCA , Government 2.0 , IP3 , Safe Harbor

On this week's podcast we recap the government shutdown, the PK IP3 Awards, charging admission for viewing public artwork and DMCA safe harbor cases. Listen to Podcast

Subscribe to the podcast on iTunes here.
Subscribe to the podcast via the .xml here.
Click here to download the file for this week’s podcast directly.

Read More
Post

The Craigslist Case and Other Examples of Copyright Abuse

May 2, 2013 DMCA , Enforcement , Safe Harbor , Statutory Damages

This week, a federal district court in California refused to toss craigslist’s claims that it owns its users’ postings. More and more, we’re seeing fine print in terms of use (“TOU”) agreements and end user license agreements (“EULAs”) that try to make copyright claims. Why?

Read More
Post

Two Questions About MegaUpload’s Planned Successor

October 19, 2012 DMCA , Enforcement , Safe Harbor

Charles Graeber at Wired has an article profiling Mega, the planned successor to MegaUpload. A key difference between the old service (indicted on criminal copyright charges in the US) and the new service is that all of the filed uploaded to mega will be encrypted upon upload, meaning that Mega won’t know, and won’t have any way of finding out, what’s actually sitting on its servers. That should prevent it from being accused of ignoring activity it knows is infringing. Mega also says that if copyright holders find users providing the keys and the links to infringing files, Mega will abide by the DMCA and take down those files.

Read More
Post

Appeals Court Rejects Viacom Arguments Against YouTube

April 5, 2012 DMCA , Filtering , Safe Harbor , SOPA

In their case against YouTube, Viacom and other content companies keep looking for ways to impose a duty to monitor on the video-sharing site. Despite the Digital Millennium Copyright Act’s (DMCA) clear statements that services don’t need to monitor, the content companies keep trying to pick away at other components of the law to work their way around it. (Public Knowledge filed a friend-of-the-court brief in this case, arguing that filters and monitoring aren’t required to meet the DMCA requirements)

Today, the Second Circuit Court of Appeals in New York shot down the majority of those theories. Meanwhile, the case has been sent back to the district court level for more factfinding on exactly how much YouTube employees may have known about the presence of specific infringing files on their service.

Read More
Post

PK In the Know Podcast

July 8, 2011 Broadband , Competition , Fiber , Last Mile , Safe Harbor

On today’s podcast, we walk through the agreement on online copyright infringement between ISPs and content holders, the data portability spat between Facebook and Google, and get a primer on using music on the campaign trail.  We also discuss the benefits and challenges of building local community networks with Christopher Mitchell of the Institute for Local Self Reliance and muninetworks.org.

You can download the audio directly by clicking here (MP3) or stream it using the player below:

Want to subscribe to our podcast? Click here for the MP3 feed.

Read More
Post

COICA v. 2.0: the PROTECT IP Act

May 12, 2011 Choke Points , DMCA , Enforcement , Piracy , Safe Harbor

The Senate is gearing up for another go-round on rogue websites legislation, and this time, they’ve jettisoned the “COICA” label in favor of calling it the “PROTECT IP Act.” Like a summer blockbuster sequel, it tightens up some things, adds a few new villains, but in the end reprises the same general plot.

Read More
Post

Sheet Music Domain Goes Down Over Bogus Copyright Claim

April 22, 2011 DMCA , Enforcement , Public Domain , Safe Harbor

Yesterday, IMSLP, a website dedicated to archiving public domain sheet music lost its domain name due to a complaint sent by the UK’s Music Publishers Association to the site’s registrar, GoDaddy. The notice incorrectly claimed that IMSLP’s copy of Rachmaninoff’s The Bells infringed copyright. (Coverage by TorrentFreak, Michael Geist, and BoingBoing.)

Read More
Post

Court Tosses $1B Sought by Viacom from YouTube

June 23, 2010 DMCA , Filtering , Safe Harbor

A decision from a federal district court in New York today affirmed that online hosts shouldn’t have to pay if their users are infringing. The opinion, issued by Judge Louis Stanton of the Southern District of New York, found on summary judgment that Google and YouTube qualified for the safe harbors of the Digital Millennium Copyright Act. By acting to take down infringing postings when it was notified of them, YouTube was able to meet the standards of the law, despite the fact that Viacom complained that YouTube generally knew that infringing works were on the site.

 

Read More
Post

Landmark Australian Ruling Deals a Blow to Three Strikes Down Under

February 4, 2010 BitTorrent , DMCA , Filtering , Safe Harbor , Three Strikes

For those of us who believe that the Internet should remain an open, democratic and non-discriminatory platform, with few exceptions, the last two years have brought a steady stream of bad news from Down Under. First, there were rumblings that Australia was seeking to implement a “three strikes” policy toward those accused of online filesharing. Next, New Zealand came close to instituting its own three strikes mandate, though thanks to the efforts of activists, that deeply-flawed law was struck down at the last minute. Finally, after a number of previous, failed attempts, the Australian government announced that it plans to mandate the use of real-time filtering technologies on public ISPs sometime during the next year. Just when it seemed like no one in the Australian and New Zealand governments appreciated the damaging effects of such policies, an Australian federal court judge has ruled that the ISP iiNet is not responsible for the actions of its subscribers. In the landmark ruling (full text here), which will likely have ramifications in the U.S. and elsewhere, the judge rebuffs Hollywood’s attempt to require iiNet to act as a copyright cop, dealing a blow to three strikes in the process. Let’s take a closer look.

Read More