Posts Tagged ‘copyright’

Jim Hood, a go-to guy for Hollywood?

Who’d have guessed that movie studios would entrust populist Mississippi Attorney General and longtime Overlawyered favorite Jim Hood with a key role in pushing their rights as copyright owners against online services and search engines? Not I [Eli Lehrer, Weekly Standard] More from Mike Masnick at TechDirt: “it appears the MPAA and the major Hollywood studios directly funded various state Attorneys General in their efforts to attack and shame Google.” Related: The Verge.

Sequel: Google goes to court to block a sweeping subpoena from Hood [ArsTechnica, HuffPost (Hood: “salacious Hollywood tale”)] “One of Hood’s letters critical of Google, published earlier this week by The New York Times, was ‘largely written by lawyers for the movie industry,’ the company points out.” More: Hood vs. Google, from our archives.

Intellectual property roundup

  • Supreme Court suggests sanctions against patent practitioner over eccentric if not incomprehensible certiorari petition [Will Baude]
  • Some copyright and patent owners pursue market-based self-help remedies against infringement [Glenn Lammi/WLF, more]
  • DC Comics sues Spain’s Valencia soccer team because its bat logo is too similar to that of Batman [Yahoo]
  • Federal judge dings California lawyer $87K, finding suit against online news aggregator to be baseless [ABA Journal]
  • “Evidence from opera on the efficacy of copyright” [Michela Giorcelli/Petra Moser, SSRN via Tyler Cowen]
  • Go ask Alice: patent litigation takes a hit after SCOTUS ruling [Legal Ethics Forum, Alex Tabarrok]
  • Adam Carolla managed to crowdfund defense against patent plaintiff, usual cautions against trying this at home [Above the Law]

Intellectual property roundup

  • “Our mangled patent system,” Cato podcast [with Eli Dourado of the Mercatus Center] Critique of federal circuit [Dourado at Cato Unbound]
  • Since SCOTUS’s June decision in Alice v. CLS Bank, many courts have struck down software patents as too-abstract [Timothy Lee, Vox]
  • Iqbal-Twombly principles as remedy for patent trollery? [Daniel Fisher]
  • ISP resists mass copyright enforcement enterprise’s demand for customer list [DSL Reports]
  • Win for Personal Audio in E.D. Tex.: “Jury finds CBS infringes podcasting patent, awards $1.3 million” [ArsTechnica]
  • “Premier League Uses Copyright To Pull Down YouTube Video Of Professor Advocating For Stronger Copyright For Premier League” [Mike Masnick, Techdirt]
  • A new leaf? “Silicon Valley’s Most Hated Patent Troll Stops Suing and Starts Making” [Business Week]

Silencing oldies radio?

Under a potentially far-reaching ruling by a federal judge interpreting California state law, satellite and streaming music services like SiriusXM and Pandora — and maybe bars and restaurants too — could be liable for vast sums for having broadcast pre-1972 recordings without obtaining “public performance” permission under California state law. [Hollywood Reporter’s THR Esq; plus a very informative take from Jesse Walker]

Ecuador’s copyright enforcers

“If you say anything remotely critical about the Ecuadorian government, you may face a copyright takedown,” wrote Maira Sutton at EFF in May. A Spanish firm that represents the government of Ecuador, Ares Rights, has sent out many such takedown demands, related to media accounts of surveillance, corruption, and the country’s Lago Agrio legal dispute with Chevron. More recently, following growing scrutiny of its own activities, Ares Rights has aimed takedown demands citing supposed copyright infringement against its own critics, including Adam Steinbaugh. Details: Mike Masnick, TechDirt; Ken at Popehat. It has also represented the government of Argentina.

Intellectual property roundup

  • “Kanye West Sues Coinye Altcoin into Oblivion” [CoinDesk]
  • Not new, but new to me: animated riff on Hindu “Ramayana” saga winds up in public domain because of inability to clear copyright on songs of Jazz-Age vocalist Annette Hanshaw [Nina Paley, “Sita Sings the Blues”]
  • “Update: Supreme Court Issues Two More Patent Law Rulings” [WLF; Limelight and Nautilis]
  • On copyright, more litigious not always better: “The Authors Alliance vs. The Authors Guild” [Alex Tabarrok quoting Virginia Postrel]
  • “Thwarting ‘patent trolls': Not as easy as it sounds” [Michael Rosen, AEI] “Trolls and Trial Lawyers Should Curb Their Enthusiasm Over Patent Reform Timeout” [Cory Andrews, WLF]
  • “I realized that receiving a patent really just meant that you bought a lottery ticket to a lawsuit” – [Elon Musk, Tesla; Brad Greenburg, Concurring Opinions]
  • Ready for Hillary is latest political campaign to fire off takedown demand against satirical product [Paul Alan Levy]

Pastor uses copyright takedown against critics, told to pay fees

Ken at Popehat has the story on a court’s ruling for fees and costs in Ergun Caner v. Jonathan Autry, filed by a religious leader who had come under criticism for less-than-forthright descriptions of his own past. “The court ruled that Caner (1) pursued the case after Autry took the videos down, (2) demanded, as a condition of settlement, that Autry’s young children sign a non-disparagement agreement, (3) delayed the case, (4) failed to seek discovery, opposed the motion to dismiss on the grounds that he needed to take discovery, but could not articulate what discovery he needed, (5) contradicted himself, (6) made unreasonable legal arguments without any support (like the ‘you must be qualified to criticize’ argument), and most importantly (7) filed the case to silence criticism.” Under the prevailing “American Rule” on fees it’s extremely hard for the victim of a meritless suit to recover attorney’s costs, but this one was extreme enough to be an exception.