Showing posts with label re-digi. Show all posts
Showing posts with label re-digi. Show all posts

Wednesday, 13 March 2019

THE COPYKAT

China Press Publication Radio Film and Television Journal has reported that China generated more than 2.35 million new registrations for copyright works in 2018, up 17.48 percent than the previous year. . Among the registrations, artworks accounted for 42.2 percent of the total copyright work registrations, followed by photography and written works, based on data released by the National Copyright Administration. The number of copyright work registrations in Beijing topped the country in 2018, with 919,543 registrations, or 39.1 percent of the total number, followed by Jiangsu and Shanghai, with 302,175 and 261,642 copyright work registrations, respectively. Statistics showed that China received nearly 3.46 million new copyright registrations including works and software in 2018, an increase of 25.8 percent year on year. 

ReDigi has confirmed that it plans to take its long running copyright infringement case to the US Supreme Court, but it has asked for a little more time to prepare its formal submission to American’s most senior judges. The ReDigi company operated a marketplace where people could sell their "second-hand" MP3s. No one is the slightest bit interested in reselling MP3s online any more, of course, but they were in 2012 when EMI first sued the company. At the heart of this case is the question of whether or not the so called ‘first sale doctrine’ – the principle under US copyright law that says you can resell a CD without the copyright owner’s permission – should also apply to digital content. The courts sided with the record industry in 2013 and then again on appeal last year  with the Second Circuit Court of Appeals holding that the unapproved resale of MP3s online constituted copyright infringement. Meanwhile ReDigi suspended its operations and sought chapter eleven bankruptcy protection.  

A children’s book called “Oh, the Places You’ll Boldly Go!” based on the famous Dr. Seuss story “Oh, the Places You’ll Go” isn’t infringing on the famous tale’s copyright, or the rights in Star Trek, a federal court has ruled. Judge Sammartino in California said in a summary judgment that  "although Defendants certainly borrowed from Go!, at times liberally, the elements borrowed were always adapted or transformed. The Court therefore concludes, as it did previously that Defendants’ work, while commercial, is highly transformative,” 

MEPs have been urged to adopt the EU’s somewhat controversial Copyright Directive when it comes up for final its vote in plenary at the end of this month. The plea comes in a letter from 227 organisations representing authors, composers, writers, journalists, performers and others working in all artistic fields, news agencies, book, press and music publishers, audiovisual and independent music producers. A spokesman for the informal alliance, #Yes2copyright, said, “This is a historical opportunity. We need an internet that is fair and sustainable for all. This is why we urge EU policymakers to adopt the directive quickly, as agreed in trilogue negotiations.” The Directive has already been agreed by all three EU political institutions, but must pass a final vote by a full meeting of the European Parliament at the end of this month before member states will have two years to create national legislation to match.

Following on from our last CopyKat, Take-Two Interactive has reached a settlement with a Grand Theft Auto V cheat developer who it sued for copyright infringement last summer. TorrentFreak reports that defendant Erik Cameron has admitted to copyright infringement, breach of the game's End User License Agreement, and profiting off his violations of the law, and will pay Take-Two an undisclosed sum. Cameron will also be permanently prohibited from developing, promoting, or using any software program that alters Take-Two's owned software in any way, creating derivative works, or otherwise encouraging others to follow in his footsteps.  

Japan has shelved a bill with stricter copyright controls and increased penalties for infringement, after academics, manga artists and fans all aired concerned over the proposals.  With piracy on the increase, the Japanese government had sought to broaden the criminalization of downloads of copyrighted materials from videos and music to cover all types of content. But academics, manga artist groups and others have said the envisioned expansion to also cover materials including manga, computer games and literary pieces could affect freedom of expression by fans and hinder legitimate activities, such as research. “We have yet to eliminate the worries of both copyright holders and (internet) users,” said House of Councilors member Masaaki Akaike, who heads the ruling Liberal Democratic Party  culture panel,  adding  “We should work on it anew.”  

Monday, 28 August 2017

The back-to-school Copycat!

The famous rapper Eminem vs. copyright infringement, Eminem-esque!

During an election campaign ad, the New Zealand’s ruling political party used a piece of library music called “Eminem-esque”, which sounded like the famous track “Lose Yourself”. It sounded so much alike that the rapper’s publishing company decided to sue the political party for copyright infringement!

Last year, the dispute went to court, and the political party said that this track was licenced by a production music company, which was called Beatbox. However, some emails were produced between the political party and some third parties, arguing if their track sounded too much like “Lose Yourself”. 

The Eminem company used these emails to argue it showed that they were aware of copyright infringement, even if they apparently had a lookalike licence!

We are still waiting for the judge’s conclusion on that case, but the battle promises to be interesting!

RIAA vs. Lyor Cohen


The Recording Industry Association of America showed some 'badass' arguments last Friday against YouTube’s music chief, Lyor Cohen, while he was discussing the digital future of the music business.

YouTube is seen as the music industry’s enemy number one for a long time, with the copyright safe harbour that the platform is exploiting. According to the music industry, YouTube is exploiting this safe harbour to force music rights owners into much more preferential deals than those enjoyed by Spotify and Apple Music. In consequence, the music industry wants this safe harbour rewritten in order for YouTube to stop enjoying this protection. 

However, this safe harbour thing seems to be a distraction according to Cohen. He says that he wants to concentrate on a special mission, on how to direct some of YouTube’s revenues back to the music creators who drive its success. It surely is a wonderful goal, but it’s what he’s saying for a long time, with nothing done according to Cary Sherman, the trade group’s boss. “The numbers and YouTube’s actions tell a different story”, he said. 

He added: “Google's YouTube is the world's biggest on-demand music service, with more than 1.5 billion logged-in monthly users. But it exploits a 'safe harbour' in the law that was never intended for it, to avoid paying music creators fairly. This not only hurts musicians, it also jeopardises music's fragile recovery and gives YouTube an unfair competitive advantage that harms the digital marketplace and innovation. The safe harbour was intended to protect passive internet platforms with no knowledge of what its users are doing, not active music distributors like YouTube. As Lyor acknowledges in his blog, 'the majority of music...is coming from recommendations, rather than people searching for what they want to listen to'". In so, he’s saying that YouTube is not the passive internet platforms it wants us to believe. 

He also added “YouTube likes to talk a good game, but it won't even make public its subscriber figures", he argues. "And it continues to under report the number of music streams played on its service, let alone substantiate any of its many different claims about payments to music creators. In fact, every time they're challenged on this point, Google and YouTube simply change their claims yet again".

Finally, he said that “It's long past time that the safe harbours - enacted 20 years ago, in the days of dial-up internet, and before it was ever imagined that users could upload 400 hours of video to YouTube every minute - must be clarified to apply to passive and not active intermediaries”.

"To be clear”, he ended, "we believe safe harbours should be preserved - and Google/YouTube claims that we're trying to eliminate them is nothing but a red herring. But if safe harbours are to drive innovation and fair competition in today's digital environment, they must be applied as originally intended, not as they are exploited by YouTube for its own competitive advantage".


Nigeria’s stolen books!

Nigerian Copyright Commission decries increasing book piracy in the country. Over the five last years, the Commission has seized about 18 containers of pirated books, which worth millions of naira. Several arrests have also been made and convictions secured with the two-year jail term without option of fine. 

The Commission and the Nigeria Publishers Association are currently stressing the need for relevant stakeholders to co-operate with the commission and support its programs. The aim is to ensure that right owners and investors benefit maximally from their creative works. 


Famous YouTubers in a copyright lawsuit

Ethan and Hila Klein are behind the famous H3H3 YouTube channel. They have been sued by Matt Hosseinzadeh, a.k.a. Matt Hoss last year, after they posted a reaction video mocking him. Instead of focusing on the criticism per se, he alleged a copyright infringement by featuring clips of one of his videos in their criticism.

H3H3 argued for fair use in this case. And it appears that they won. A tweet from the official twitter of H3H3 announced that they have won the lawsuit against Matt Hoss, and are calling for a “Huge victory for fair use on YouTube”. 



After this tweet, they released a video explaining the decision. They said that, in the case, Judge Katherine B. Forrest ruled that the reaction video including clips of Matt Hoss could be counts as fair use. The video of H3H3 is clearly a constructive critical commentary of the video of Matt Hoss. In so, they are not making any copyright infringement. But she declares that the Court “is not ruling here that all “reaction videos” constitute faire use”. Indeed, if “reaction videos” abuse their fair rights, copyright infringement could be claim. However, it wasn’t the case here. 

You may see the video of H3H3 explaining the case here! https://www.youtube.com/watch?v=9eN0CIyF2ok 

And finally, remember Re-Digi? Well the long-running dispute between Capitol Records and tech firm ReDigi has reached the US's Second Circuit court of appeal. Can you re-sell digital music file without the copyright owner's permission - and can the first sale doctrine in the US apply to digital music files?  More here

This CopyKat from Lolita S.

Thursday, 30 January 2014

Patently interesting developments in the ReDigi case

An interesting update on the ReDigi case: You will remember back in April 2013 Judge Richard Sullivan blocked ReDigi's interesting business model, holding that the first sale doctrine did not apply to digital goods - here music files. In his judgment he said “The novel question presented in this action is whether a digital music file, lawfully made and purchased, may be resold by its owner through ReDigi under the first sale doctrine. The court determines that it cannot”.  The reason, the judge ruled, is because copying, or an illegal “reproduction” of a music file, must take place, despite ReDigi’s claims to the contrary.   Judge Sullivan added “Because the reproduction right is necessarily implicated when a copyrighted work is embodied in a new material object, and because digital music files must be embodied in a new material object following their transfer over the internet, the court determines that the embodiment of a digital music file on a new hard disk is a reproduction within the meaning of the Copyright Act. The judge agreed with the claimant's (Capitol Records) claims that the service was guilty of direct, contributory, and vicarious infringement of Capitol’s reproduction rights, and said ReDigi had no fair-use defence to the infringement as the service was not "capable of substantial non-infringing use"s."

ReDigi had stressed that it “migrates” a file from a user’s computer to its Cloud Locker, so that the same file is transferred to the ReDigi server and no copying occurs. However, even if that were the case, the fact that a file has moved from one material object — the user’s computer — to another — the ReDigi server — meant that the court found that a reproduction has occurred. BUT, and its a big but, according to ReDigi the company has a newly awarded US patent that covers a method for “atomic transaction": a "cloud-based mechanism that instantaneously transfers an ‘original’ good from one owner to the next, without making a copy". Re-Digi had already alerted the World to it's soon to be launched '2.0' version with 'patent pending' technology when it lost the first round court case - well the pending is over and it's here - and it seems ReDigi’s patent also covers a “verification engine: a mechanism that analyzes each digital media file that enters the ReDigi system to ensure that it is legally eligible for resale” along with a “removal and monitoring mechanism: a digital management application that helps sellers identify and ensure personal-use copies of the sold media are removed.” Seemingly this technology took almost five years of research and testing before the United States Patent and Trademark Office granted ReDigi’s patent. will it make a difference? Well, an appeal against Judge Sullivan's ruling is expected by ReDigi, so watch this space!

More on Computerworld including an interview with Re-Digi's John Ossenmacher here

Monday, 21 January 2013

Re-digi to launch in Europe, Mega II online!

Re-digi, the controversial online service that allows consumers to sell their unwanted digital music files, is going to launch in Europe. Despite many fearing the service would run out of funding after EMI's Capitol Records launched a legal challenge to the service in the USA, it seems Re-digi's CEO John Ossenmacher is not only fully convinced of the legality of the service in the US under the 'first sale' doctrine, but no doubt cheered up by the European Court of Justice's ruling in Oracle v Usedsoft, is confident the service will be found to be legal in European jurisdictions. ReDigi asks users to download proprietary software, which verifies if a file was bought legally. If the song checks out, it is then erased from the seller's hard drive and uploaded to ReDigi's computer servers for onward sale as a 'used' second hand file.

Also launching is Kim Dotcom's new MEGA cloud locker service. The big innovation with Mega  V2 is that files uploaded to the storage platform are automatically encrypted 'on-the-fly', with only the customer receiving the unlock code with the stated purpose of giving users privacy with Dotcom saying "this means when you transfer data anyone sitting on that line will get nothing as it is all scrambled and impossible to decrypt without your key. This is going to take encryption to the mainstream" although the encryption regime is expected to be used as a defence against any claims against the Mega service for user's copyright violations - as the service will be blind to any infringements.

Friday, 6 April 2012

Is it legal to sell digital downloads?


More on the recent debate about the legality of consumers re-selling digital downloads they have purchased (currently being tested in the US courts in the ‘Re-Digi’ case) here from a UK perspective with reference to the new European Consumer Rights Directive and a potential revised definition of 'tangible goods'? It's all online at ComputerActive.

http://www.computeractive.co.uk/ca/consumer-rights/2142389/legal-sell-digital-downloads

Tuesday, 7 February 2012

More to come from all of these!

There is an excellent update on the recent decision by Justice Rares in the Optus v Telstra case in the Federal Court of Australia by Catherine Lee on the IP Kat. Here the judge held that Optus’s TV Now service did not infringe copyright in the broadcasts of AFL and NRL (Australian Football Rules and Rugby League) games, in the particular ways that the rightholders alleged (including Telstra). The Optus service provided users with the ability to record free-to-air television programs, including AFL and NRL games, and play them back on any one of four compatible devices, namely, PCs, Apple devices, Android devices and 3G devices. Rares J held that it was the users of the Optus service who made 'recordings' of games when the user of the TV Now service selected a program from an electronic program guide and click 'record' - and that when recordings were streamed to the user there was no communication 'to the public'.

EMI is also in the news, having failed to get a summary judgement against the MP3 resale website ReDigi, meaning the case will now get a full court hearing which will examine the digital company's claim that it is possible that American copyright law allows consumers to resell MP3s as the ‘first sale’ doctine must to apply in the digital space as much as it applies to CDs and vinyl. Whilst Judge Richard Sullivan declined to accept a amicus curiae brief from web giant Google, he has decided that it would be inappropriate to find in EMI's favour without giving its claim full consideration, mainly because he didn't feel the major had proven "irreparable harm" in its initial legal papers.

Elsewhere the much heralded Black Sabbath reunion seems to have hit the rocks (at least partially) after drummer Bill Ward posted an open letter to fans on his website saying "At this time, I would love nothing more than to be able to proceed with the Black Sabbath album and tour. However, I am unable to continue unless a 'signable' contract is drawn up; a contract that reflects some dignity and respect toward me as an original member of the band". There's a lot more and you can read it here but at the time of writing it seems the band's new album, headline slot at the Download Festival and world tour will not include Ward.

And Warners are the latest of majors to face a class action from artistes demanding a large slice of royaties from digital sales. Sony and Universal are already facing claims over the way their digital royalties are calculated (with actions from artistes including The Allman Brothers, Cheap Trick, Rob Zombie, Whitesnake, Chuck D and the Estate of Rick James) and indeed Universal lost an action to FBT Productions (in the ‘Eminen’ case) which set a precedent that royalties for iTunes-style downloads should not be treated the same as selling CD singles or albums and should attract a higher payment – usually a share of the profits from licensing revenues - rather than a ‘per unit’ royalty based on dealer price used for physical product. Universal continues to insist the ruling in the FBT case is only relevant to the wording of that specific contract, and does not set a precedent, although the Supreme Court declined to hear their appeal. Warners are now facing an action from Sister Sledge and singer Ronee Blakely whose lawsuit claims: "Rather than paying its recording artists and producers the percentage of net receipts it received - and continues to receive - from digital content providers for 'licenses', Warner wrongfully treats each digital download as a 'sale' of a physical phonorecord ... which are governed by much lower royalty provisions than 'licenses' in Warner's standard recording agreements". Watch this space as this is a major battle between the labels and artistes fed up with a perceived meagre share of ongoing digital royalties, often compounded by the effect of 'royalty reducers' in standard record label contracs such as 'packaging' and 'breakage' deductions or 'new technology' deductions that further diminish the artiste's share.

Tuesday, 18 October 2011

Rumble in the (Digital) Jungle


For some time now there have been articles and comments about the legality of ‘re-selling’ legally acquired MP3s and other digital download music and video files by consumers. Now a new platform called ReDigi has been launched with exactly this activity as its core business model, offering a new model where consumers can legally buy and sell ‘second hand’ downloads.

TechCrunch offers this opinion, accepting that there are a number of legal points to be considered (not least when bearing in mind the "tumultuous" and lawsuit-heavy history of the sale and distribution of music on the internet):

“With the rise in the digital distribution of music, movies, software, and more, there has come surfeit legal confusion over whether or not the so-called “first sale doctrine” applies to digital transactions. Basically, under the first-sale doctrine, once the person who owns the rights to, say, a CD sells a copy of that work, the owner relinquishes control of that individual copy. Once that copy is in a new user’s hands, they own it and can do with it as they please, including reselling, lending, or giving it away.

However, Some have claimed that the first-sale doctrine does not apply to digital downloads, for instance, when that digital property has been licensed to the buyer, rather than explicitly sold. In the case of Vernor vs. Autodesk, the software corporation sued Timothy Vernor (an online software reseller) for reselling its software on eBay, saying that, under the terms of use, the software had been licensed to him, not sold; thus, they claimed that he did not own the right to the software and could not lawfully resell their product.

In 2008, the Washington District Court sided with Vernor, ruling that the software was in fact sold, upholding Vernor’s right to resale. However, that decision was subsequently overturned in September 2010 by the 9th U.S. Circuit Court of Appeals, which was followed on October 4th of this year by the Supreme Court’s decision to decline hearing the case, allowing the Court of Appeals’ verdict to stand”


Surely this is bad news for ReDigi? Well, ReDigi says it has done its homework and has taken legal advice – and actively supports the music industry. They say that this is a new business model where ReDigi will check to make sure the item on sale is a legal download and also that the service ensures that the vendor deletes their existing copy when transferring a copy file to the purchaser. ReDigi say that their technology enables a music file to transfer from one user to another without allowing multiple copies to exist at the same time. The service requires customers use its ReDigi Music Manager client, a platform that according to the company first verifies that the digital song was legally purchased and then removes the music file from the original owner’s computer and synced devices. Previously owned songs are stored by ReDigi until they are resold, at which point the track and license are transferred to its new owner. In ReDigi’s own words (from a Facebook post):

ReDigi is launching a “Recycled Digital Media” or used music marketplace (ReDigi.com) where owners of digital music can sell and purchase digital music files. We have done extensive research and have spent many hours with well respected law firms in Boston, NYC and LA. We strongly believe that this marketplace will provide and protect the rights of consumers as they were provided for under [the] US Copyright Act and the first sale doctrine. Just because things have gone digital doesn’t mean that people have given up their hard fought for rights, each individual has the right to sell their legally purchased digital goods. The ReDigi marketplace is NOT about file sharing, it is a method of facilitating the legal transfer of music between two parties. The ReDigi approach is novel, it verifies that the track was properly acquired, manages items selected for sale within the sellers music libraries to prevent multiple copies (protecting the seller from copyright infringement), and facilitates an even greater level of copyright protection than the previous CD market. Even just a few years ago technology did not support a readily viable solution. ReDigi has made it a reality for the millions of music users and the billions of legally downloaded tracks that exist in the world today.

One blogger noted this: “There definitely needs to be a way of transferring ownership of music. 10 years ago, if I died, somebody would inherit my CD collection. Today, if I have a $20k iTunes music collection, how can I pass that onto somebody when I die? what exactly happens to it?”. Well, ReDigi CEO John Ossenmacher said “By allowing consumers to sell their used digital music, we are giving digital goods a resale value for the first time ever and opening a new realm of what is possible in the digital age.” But is it legal, even when Ossenmacher states “We are excited about the innovative programs that we have created to support artists and labels ..... As we move forward, social responsibility will remain one of our highest priorities” ?

The impact of “Terms of Sale” is certainly one of the factors that need careful consideration, but I wonder what 1709 readers think? Its not a new debate – but it is suddenly in the news in the news again with a new twist. Back in February 2006 Macworld ran an article titled Make Mine With Music which looked at the legality of selling pre-loaded iPods. Fred von Lohmann, an attorney with the Electronic Frontier Foundation, described the process as a “gray area” saying that though the practice would be perfectly legal were dealing in traditional media, digital copies were different and the rules that apply to them then remained to be settled. Making a copy of purchased songs and going back and deleting the original didn’t necessarily fix the problem said von Lohmann, adding “I don’t see why the copyright owner is hurt by that, but technically if they wanted to they probably could come up with a legal theory to go after [the vendor].

At the time the Recording Industry Association of America (RIAA) said this

“This is, in our judgment, a very clear legal issue ... selling an iPod pre-loaded with music is no different than selling a DVD onto which you have burned your entire music collection. Either act is a clear violation of U.S. copyright law.”


If there any US lawyers out there with a view here, or content owners who would like to chip in, please do make a comment.


http://www.apple.com/legal/itunes/us/terms.html (terms of sale)

http://techcrunch.com/2011/10/14/what-if-you-could-legally-resell-your-digital-music-redigi-may-have-found-the-solution/

http://www.macworld.com/article/49524/2006/02/preloadipods.html


http://www.dmwmedia.com/news/2011/10/12/can-you-legally-resell-itunes-music


http://www.musiclawupdates.com/06Marchlawupdates.htm