Hello to Robo Lawyer - created to make hyperlinking easy - and the website describes Robo as follows: "I am Robo Lawyer programmed to help reduce legal risks related to publishing hyperlinks on the Internet. I am currently programmed to help you if you are from European Union. I know the EU law and the rulings of the Court of Justice of the EU, especially the ruling in the famous GS Media case." Robo lives as a chatbot in Messenger, so you need a Facebook account if you fancy a chat. The creator is Tomasz Zaleski (Eversheds Sutherland Poland).
Songwriter? Lyricist? Need some help with copyright? Going for a Song tells the story of Tina and Ben, a music composer and a lyricist who create an original song and discuss how to market it. This new tool helps musicians learn how UK copyright law regulates different aspects of the journey of a song, from its creation to its distribution.
A motion to dismiss has been filed by attorneys representing Cher in the copyright infringement case filed against her by graphic designer Moshik Nadav concerning the artwork and in particular the graphics on the cover of Cher's Closer To The Truth release. The 2013 album was Cher’s 25th studio release. Nadav’s suit, in the Southern District of New York, names Cher, Warner Bros. Records, a design company and the albums’ art and design director as defendants and seeks $5 million in damages. According to Nadav's complaint, two logos that appear on Cher's album infringe on the copyrights to his Paris and Paris Pro logos, which he claims were created using his typography, featuring “artistic elements, such as swashes having various thicknesses, end drops and unique lettering.” Section 202.1 of the US Copyright Act, which gives examples of works not copyrightable, including “mere variations of typographic ornamentation, lettering or coloring" but here Nadav says Cher's work is substantially similar to his own logos - and he has obtained copyright registrations for those - but this looks like an uphill battle. More here.
Alleged KickassTorrents owner Artem Vaulin's defence team have said he will appeal last week's extradition ruling. Lead counsel Ira Rothken stresses that the refusal of the Polish court to grant bail and the unprecedented allegations violate the human rights of his client. The team is confident that they can book a positive outcome on all fronts. Last week a Polish court ruled that Vaulin could be extradited to the United States.
California’s Supreme Court is set to decide if the state’s copyright law protects the performing right as part of the sound recording copyright - an important question as federal copyright law only protects sound recordings released post 1972. It was in California where the Turtles secured their big win, with a court there ruling that there was a general performing right for sound recordings, a landmark ruling that forced both Sirius and Pandora to agree settlements with the wider record industry, especially once a New York court indicated there was likely a performing right under that state’s copyright law as well - but that new York decision has now been overturned on appeal. Now the Nine Circuit Court Of Appeal has asked the California's Supreme Court to rule on the matter once and for all. Requesting the opinion the Ninth Circuit said this “is warranted if there is no controlling precedent and the California Supreme Court’s decision could determine the outcome of a matter pending in our court” and “This appeal not only meets both criteria, but also presents an issue of significant public importance”. The Californian court does not have to accept the question.
One of the more incredible allegations about Prenda Law, the copyright-trolling operation that sued people for downloading movies online, was that the lawyers behind it might have created and uploaded some of the porn in question simply as a way to catch more offenders. Now ArtsTechnica tells us this may well be true, and despite repeated denials by the Preda lawyers, in a new update it seems they were indeed making movies: "Steele pled guilty in Minnesota to federal charges of "conspiracy to commit mail and wire fraud" and to money laundering. And guess what? In 2011, Team Prenda had in fact become porn producers (They continued to have other "real" clients at that time as well.)" and "On at least three separate occasions in Chicago, Miami, and Las Vegas, Steele and [Paul] Hansmeier... contracted with adult film actresses and produced multiple short pornographic films"
Torrentfreak also updates us on trolls, saying "A copyright troll that terrorized service providers over alleged copyright infringement is set to forfeit the very assets that made its entire campaign possible. After losing an aggressive lawsuit against Giganews, Perfect 10's multi-million dollar bill will now be satisfied by the Usenet provider liquidating the adult publisher's intellectual property". Perfect 10 was originally an adult entertainment magazine that also operated a subscription website featuring images of women. In November 2014, the U.S. District Court for the Central District of California found that Giganews was not liable for the infringing activities of its users. Perfect 10 was ordered to pay Giganews $5.6m in attorney’s fees and costs and this was upheld on appeal.
Perfect 10, the adult magazine and now online company, which had previously litigated against the likes of Google & Amazon, CCBill, Megaupload and Visa amongst many others, and which is often tarred with the 'copyright troll'' moniker, has suffered a bit of a set back in its litigation quest after a U.S. judge ordered the company to pay $5.6 million in legal fees and costs (Perfect 10 v. Giganews). Judge Andre Birotte Jr's judgment is a educational read on just why the Company faced such substantial fees and costs, and perhaps the background is a good place to start for this explantion: The judge noted that the action has involved more than 30 noticed motions, including a motion for change of venue, two motions to dismiss, three Daubert expert witness motions eight motions for summary judgment, and multiple discovery and sanctions motions. The docket in this action includes nearly 700 entries and exceeded 38,000 pages.
The Judge confirmed the award of fees and costs, not least as the almost complete success enjoyed by the defendant "weighs heavily in support of an award of attorneys’ fees under the Copyright Act. On each of Perfect 10’s three theories of copyright infringement, Defendants won unqualified victories: Livewire defeated Perfect 10’s claims of secondary infringement at the pleading stage without leave to amend, and Defendants won on each of Perfect 10’s remaining claims on summary judgment. This sort of complete victory on the merits is significant" . Including a very interesting review of the nature of 'frivolous' claims, the judge puts out what might be seen as an interesting warning to other 'trolls': "All of the evidence before the Court demonstrates that Perfect 10 is in the business of litigation, not protecting its copyrights or “stimulat[ing] artistic creativity for the general public good.” Fogerty I, 510 U.S. at 527."
Noting that Perfect 10 seemed to be run as a tax loss entity, the judge also noted "The evidence before the Court also demonstrates Perfect 10 continued that pattern in this litigation, which, as the Court previously noted, has been inconsistent with that of a plaintiff interested in actually protecting its copyrights from unauthorized use." He finally went on to consider the last 'Fogerty' factor, considerations of compensation and deterrence, of which which the judge said "weighs in favor of an award of attorneys’ fees under section 505. This aspect of the Fogerty analysis recognizes that “[d]eterring nonmeritorious lawsuits against defendants seen as having ‘deep pockets’ and compensating parties that must defend themselves against meritless claims are both audible ends”.
Judge Birotte ended this section of his judgment with this "In light of Perfect 10’s well-documented improper motive in bringing suit (see section III.A.1.c, above), the Court has little concern that an award of attorneys’ fees in this action will discourage “starving artists” from protecting their copyrights. If anything, it will discourage serial litigants from bringing unmeritorious suits and then unnecessarily driving up litigation costs in order to drive a settlement. Such a result is entirely consistent with the purpose of the Copyright Act, and this factor weighs in favor of an award of attorneys’ fees."
The judge also took time to comment on what he clearly regarded as another spurious argument from Perfect 10's - that it shouldn't have to pay legal fees because it is was in effect insolvent and heavily in debt. The court noted that Perfect 10 has been making this same exact claim for years in almost every case it had brought, and that president and CEO Norman Zada seemingly ran the business as a tax write off, making it somewhat unbelievable as a defence to meeting costs: As TechDirt notes, Perfect 10 admits that it has likely “never been solvent” in more than 15 years of operation.... Indeed, Perfect 10 has repeatedly reported that it was on the verge of bankruptcy. See, e.g., Perfect 10, Inc. v. Google, ... (noting Perfect 10’s argument the same year this action was filed that Perfect 10 was “very close to bankruptcy”). That is, despite the fact that Perfect 10’s primary business is copyright litigation: "Perfect 10 effectively argues that it could never be subject to any attorneys’ fee award under the Copyright Act because it is perpetually in debt and on the verge of bankruptcy. The Court is not persuaded, particularly where, as here, the evidence suggests Perfect 10’s impecunity is intentional."
Perfect 10 is an online adult website - and formerly a monthly and then quarterly men's magazine - that features high resolution topless or nude photographs of 'all natural' women who have not had cosmetic surgery.
https://s3.amazonaws.com/s3.documentcloud.org/documents/1693604/2015-03-24-order-re-defs-mtn-for-attys-fees.pdf
