January 2014

On Friday the U.S. Supreme Court granted review in American Broadcasting Companies, Inc. v. Aereo, Inc.

I wrote a 4-part post on this case in the Spring of 2013. Part I of the series begins here. The series begins as follows:

Aereo is a company that has developed a system that captures over-the-air television (broadcast TV) and retransmits it to subscribers over the Internet. Subscribers are able to watch broadcast TV on their computers, tablets and smart phones. Even better, Aereo acts as a remote digital video recorder (a remote DVR) so subscribers can record programs and stream them at another time. Aereo launched in New York City in early 2012, but it has announced that it is expanding to 21 other cities in 2013.

Is this a problem for broadcasters? You bet it is. . . . . continue reading

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MassLawBlog Update, Week Ending January 10, 2014

by Lee Gesmer on January 10, 2014

  • As the week was ending the Supreme Court announced that it would hear the broadcasters’ appeal in the Aereo copyright case . . .
  • . . . as well as Limelight Networks v. Akamai Technologies, which originated in federal court in Boston. The issue in Akamai is whether a company be found to have induced someone else to infringe on a patent, when neither one has directly infringed on patent rights. See my blog post on the CAFC’s fractured en banc decision in this case.
  • Aereo receives $34 million in new funding. This would seem to represent a failure of legal due diligence by the investors (IMHO), as well as extremely bad timing.
  • Infographic claims that MegaUpload had 1 billion users, 50M daily visitors and represented 4% of global Internet traffic
  • Studios Win again in Fight Over User Content: Safe Harbors” Not so Safe, Websites Findin GigaOm, by John Jeff Roberts (in other words, when it comes to the DMCA the worm appears to be turning).
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MassLawBlog Updates, Week Ending January 3, 2014

by Lee Gesmer on January 3, 2014

  • As expected, The Authors Guild has filed a Notice of Appeal in the Google Books fair use copyright case
  • Southern District of New York Judge Abrams has certified an interlocutory appeal to the Second Circuit to determine whether the DMCA safe-harbor provisions apply to pre-1972 sound recordings, and in addition “whether, under Viacom v. YouTube, a service provider’s viewing of a user-generated video containing all or virtually all of a recognizable, copyrighted song may establish ‘facts or circumstances’ giving rise to ‘red flag’ knowledge of infringement.”
  • The Tenth Circuit holds that a claim for violation of copyright right of distribution against library accrues (for purposes of three year statute of limitations) when the library lists dissertation in catalogue information system. Diversey v. Schmidley
  • N. D. Ill. judge holds that pre-1923 characters, character traits and other story elements from Sherlock Holmes stories are in public domain – Klinger v. Conan Doyle
  • A Look Back at Copyright Review in 2013, by Terry Hart at Copyright Alliance .
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