Editorial: Let Google be a little evil

Editorial Let Google be a little evil

Google’s lawyers visited the Second Circuit Court of Appeals last week for a polite conversation with three judges and attorneys from the Authors Guild. You remember — the book-scanning thing? Yes, the case is 7 years old and still unresolved. The Circuit Court is just a way station in a longer journey — at issue is whether the Authors Guild’s class action suit should be broken apart, forcing authors and publishers to confront Google individually.

Google is going to win this thing eventually. If that makes Google evil, it is a necessary evil.

The bigger question is about the lawfulness of Google’s digital library quest, and the legitimacy of the Guild’s copyright charges and request for damages. There are points of similarity to the music industry’s litigation saga. And major differences. Google is going to win this thing eventually. If that makes Google evil, it is a necessary evil.

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YouTube still protected under DMCA, says Judge, Viacom sent packing

YouTube still protected under DMCA, says Judge, Viacom sent packing

YouTube trends may have changed over the last few years, but the company’s legal standing hasn’t: according to a federal judge, the DMCA still protects the streaming site from Viacom’s copyright claims. The ruling responds to Viacom’s appeal of a 2010 case, which stated that YouTube couldn’t be held responsible for copyright infringing content uploaded by its users. Viacom sought to revise the ruling, insisting that YouTube was “willfully blind” of the activity. That may be the case, but Judge Louis Stanton sees things differently. “Knowledge of the prevalence of infringing activity, and welcoming it, does not itself forfeit the safe harbor. To forfeit that, the provider must influence or participate in the infringement.” Since YouTube doesn’t pre-screen content before throwing it live, and because it always takes down infringing content upon request, it simply isn’t liable.

Viacom says that the decision “ignores the opinions of the higher courts and completely disregards the rights of creative artists,” and promises to appeal the decision again with hopes of taking the case to a jury. Google, on the other hand, is playing it cool. “The court correctly rejected Viacom’s lawsuit against YouTube, reaffirming that Congress got it right when it comes to copyright on the Internet. This is a win not just for YouTube, but for people everywhere who depend on the Internet to exchange ideas and information.” Looking for a side to pick? Check out the court’s full decision after the break.

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Source: AllThingsD, YouTube

Appeals court denies ReDigi appeal, says music downloads can’t be resold

Appeals court denies ReDigi appeal, says downloaded music can't be resold online

ReDigi took a gamble that it could resell legally purchased song downloads, much as you would that one-hit wonder CD you bought in high school. Unfortunately for ReDigi, the odds weren’t ultimately in its favor: a Southern District of New York court has shot down ReDigi’s appeal against a Capitol Records lawsuit accusing it of copyright infringement. The court didn’t accept ReDigi’s view that first sale principles apply to strictly digital music, at least as its service implements the technology. While the startup tries to keep traders honest by making them delete originals after a resale, the process by its digital nature still involves making a copy of the track without Capitol’s permission, according to the court. We’ll have to wait to know what penalties ReDigi might pay, but there’s enough legal precedent in the case that it’s doubtful others will follow in the service’s experimental footsteps.

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Via: The Verge

Source: Santa Clara Law (PDF)

Google updates Transparency Report, pledges compliance to the US of A

Google updates Transparency Report with individual account access requests

Curious as to how well Google plays with the governments of the world? Well, you need look no further than the company’s latest Transparency Report, which details instances of content removal and user data requests over a six month span. And in this latest issuance, Mountain View’s pulling the curtain back once again, revealing its rate of compliance alongside the actual number of individual account access requests it’s received. Topping out the list with the highest amount of private / public cooperation is none other than the United States at a near fully submissive 90-percent, with Japan and Denmark following closely behind. There’s no need to dole out the conspiracy theories just yet though — the majority of these events are linked to criminal investigations and copyright infringement complaints. Still, it’s an eye-opening glimpse into the life of our personal data and the price you pay for free services. Check out the source below to parse the granular bits of privacy data on display.

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Google updates Transparency Report, pledges compliance to the US of A originally appeared on Engadget on Wed, 14 Nov 2012 02:14:00 EDT. Please see our terms for use of feeds.

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AT&T training document suggests ISPs are gearing up to beat piracy with internet restrictions

AT&T training document suggests ISPs are gearing up to beat piracy with internet restrictions

The fact that ISPs are working with the RIAA in a bid to squash piracy is far from new. A leaked document claiming to be AT&T training materials, however, suggests that the operator is about to stop talking, and start doing. According to TorrentFreak notifications will be sent out to customers on November 28th about the change in policy, with those suspected of illicit downloads receiving an email alerting them of the possible copyright infringement. We’d previously heard of a six-stage notification system, and this, too, is mentioned here with repeat offenders facing access to “many of the most frequently visited websites” restricted. Even stranger, is the talk of having to complete an online tutorial about copyright to get the restrictions lifted. As AT&T is part of the MPAA and RIAA-backed Center for Copyright Information, it’s likely that the other members (Verizon, Comcast, Time Warner Cable and Cablevision), will be prepping similar plans. We’ve asked AT&T for confirmation directly, but for now keep an eye on the mail.

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AT&T training document suggests ISPs are gearing up to beat piracy with internet restrictions originally appeared on Engadget on Sat, 13 Oct 2012 12:04:00 EDT. Please see our terms for use of feeds.

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YouTube scales back automatic Content ID takedowns, improves appeals process

YouTube scales back automatic Content ID takedowns, improves appeals process

In the last several years Google has become quick to respond to complaints of copyright infringement. Unfortunately, its record in dealing with unfounded claims (specifically on YouTube) is a bit mixed. In particular the process for appealing a Content ID takedown has left many users frustrated and with little recourse in the event of a rejected dispute. And its the content owners themselves who make that decision. Starting today, even if a dispute is rejected, users can file an appeal that leaves a content owner with one of two choices — recind the complaint or file a proper DMCA takedown notice. To minimize the amount of appeals and disputes Google is also launching an improved Content ID algorithm that identifies potentially invalid claims and places them in a queue to be reviewed manually before takedowns are issued. For more, check out the source.

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YouTube scales back automatic Content ID takedowns, improves appeals process originally appeared on Engadget on Wed, 03 Oct 2012 19:43:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceYouTube Creator Blog  | Email this | Comments