Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts

Wednesday, February 6, 2008

Music labels target China’s Baidu

THREE global music labels have initiated legal proceedings against China’s largest internet company, Baidu, claiming the company is violating copyright of its members in order to drive advertising revenue.

Universal Music, Sony BMG Music Entertainment and Warner Music have filed claims against Baidu in the Beijing No. 1 Intermediate People's Court. The companies say the action was taken after “months of fruitless negotiation.”

Separate actions have also been brought against internet company Sohu and its associate company Sogou. And Yahoo China faces fresh proceedings following its refusal to comply with a landmark ruling in December confirming it violated Chinese law by “committing mass copyright infringement.”

All of the Chinese companies involved operate similar services based on delivering music to their users via “deep links” to hundreds of thousands of infringing tracks on third party sites, with the aim of driving their own advertising revenue.

“The music industry in China wants partnership with the technology companies – but you cannot build partnership on the basis of systemic theft of copyrighted music and that is why we have been forced to take further actions,” International Federation of the Phonographic Industry chairman and chief executive John Kennedy said.

“It’s a matter of great regret that, despite the clear precedent laid down by the Yahoo China judgment, those internet companies are instead choosing blatant violation of copyright, with the inevitable and unwanted litigation that follows in its wake,” Mr Kennedy said.

China has potentially the largest online music-buying public in the world with as many broadband connections as the United States, the IFPI said.

It claims more than 99 per cent of all music files currently distributed China are pirate and China’s total legitimate music market, at US$76 million, accounts for less than one per cent of global recorded music sales.

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Wednesday, January 30, 2008

EU backs downloader privacy

THE European Union’s top court has backed the privacy rights of internet users, ruling that content owners cannot demand that ISPs hand over the personal information of users suspected of illegal downloading.

The Brussels-based Court of Justice ruled that even where an IP address was suspected of illegally downloading copyrighted material, record labels and film companies could not demand that the telecommunications carriers’ hand over details of that users’ name and address.

But it said EU member states could, if they felt it necessary, introduce laws that would oblige telco’s to hand over personal information in civil cases.

The decision relates to case involving the Spanish communications giant Telefonica.

An anti-piracy group called Promusicae had applied through the Spanish courts for an order that Telefonica hand over the identities and physical address of customers whose IP address and date and time of connection were known.

According to Promusicae, those persons were using the KaZaA file exchange program and providing access in shared files of personal computers to content that belonged to its industry members.

Telefonica had argued that under Spanish law, it was only allowed to share personal data in cases involving criminal prosecution or matters of public safety or security.

The Court points out that the present reference for a preliminary ruling raises the question of the need to reconcile the requirements of the protection of different fundamental rights, namely the right to respect for private life on the one hand and the rights to protection of property and to an effective remedy on the other.

The International Federation of the Phonographic Industry, an anti-priacry group, said the recording industry would continue its enforcement campaign against internet piracy, despite the ruling. It applauded the courts ruling that member states could still compel telcos to hand over personal data.

“Copyright theft on the internet is the single biggest obstacle to the growth of the music business today, IFPI chairman and chief executive John Kennedy said in a statement.

The European Court has confirmed the need to have effective tools to tackle piracy. The judgment means that music rights owners can still take actions to enforce their civil rights, and it has sent out a clear signal that Member States have to get the right balance between privacy and enforcement of intellectual property rights and that intellectual property rights can neither be ignored nor neglected.”

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Thursday, January 24, 2008

Hollywood hails Vic pirate bust

HOLLYWOOD movie production houses have hailed a Victorian Police operation that netted the largest ever haul of pirated DVD’s ever found in Australia.

The Victorian Police operation, conducted in conjunction with the Australian Federation Against Copyright Theft (AFACT), the local anti-piracy lobby, seized more than 250,000 copied DVDs and 100 DVD-R burners.

The operation shut down the largest known piracy operation in Australia.
The Motion Picture Association of America (MPAA), the industry lobby represent Hollywood studios, applauded the action.

“The Australian authorities have done it again … their aggressive enforcement efforts send a clear message that piracy will not be tolerated,” said the MPAA’s Asia-Pacific senior vice-president Mike Ellis. “We congratulate them on another successful raid and look forward to working with them on the next one.”

Last November, AFACT joined the MPAA’s Operation Blackout, an aggressive anti-piracy enforcement initiative scheduled to run until the end of January in 13 countries Asia-Pacific countries including Australia.

Operation Blackout is focused on the prevention of illegal camcording of newly released titles in cinemas, internet piracy, and the continued production, distribution and sale of pirated DVDs.

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Thursday, January 10, 2008

Apple scraps European iTunes policy

APPLE has sidestepped a potentially costly battle with European competition regulators, announcing it will charge the same amount for iTunes music throughout the European Union.

The company has instead set up a possible showdown with record labels in the UK over wholesale pricing.

Apple has been charging about nine US cents per song more for music on its UK iTunes store compared to the standard prices its charges for iTunes music across the rest of Europe.

The European Commission had begun an investigation of the pricing differences after it received a complaint from the UK consumer protection organisation Which?

Apple announced yesterday that within six months it will lower the prices it charges for music on its UK iTunes store to match the already standardized pricing on iTunes across Europe.

It said it would now reconsider its continuing relationship in the UK with any record label that does not lower its wholesale prices in the UK to the pan-European level within six months.

Commenting on the outcome, European Competition Commissioner Neelie Kroes said “The Commission is very much in favour of solutions which allow consumers to benefit from a truly Single Market for music downloads.”

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Monday, October 22, 2007

Content giants join IP action against Google

AN orderly queue of content giants seeking to deliver Google and its subsidiary YouTube a legal punch is growing, with UK Premier League soccer among a group to joint the class action.

English Premier League Soccer, music publishers Bourne & Co, the Rugby Football League, the Finnish Football League and various boxing promoters, authors and other video content producers have joined a class action against YouTube in the US District Court for the Southern District of New York.

The content providers argue that YouTube has encouraged copyright breaches through its video-sharing site, and that the company’s entire business model is based on breaches of intellectual property law.

Viacom, the US media giant and owner of the MTV music network, sued Google and YouTube in May for US$1 billion, alleging copyright breaches.

Google and YouTube have denied the charges of content providers, saying the companies all misunderstand the nature of the Digital Millenium Copyright Act, which seeks to balance the rights of content owners with that of users and the internet services they use.

Premier League soccer spokesman Dan Johnson said the organisation was pleased that so many companies have joined the action.

“The clear and growing message to YouTube and Google is simple: their callous and opportunistic business model is contrary to right, contrary to law, and must and will be stopped,” Mr Johnson said.

For more Future Parc news click here .

Tuesday, October 9, 2007

Judge overturns US$1.5b Microsoft decision

A US judge has thrown out a US$1.5 billion (A$1.74 billion) jury verdict against Microsoft, overturning a ruling that the company had infringed intellectual property owned by telecommunications vendor Alcatel-Lucent.

A San Diego jury in February found that Microsoft had breached two Alcatel-Lucent’s patents related to MP3 music file formats. The jury then awarded Alcatel-Lucent the largest patent damages award in history.

But US District Judge Rudi Brewster, in a 43-page ruling issued on August 6, said the damages sum awarded against Microsoft could not stand because the jury had erred in law and that Microsoft had not infringed one of the two patents.

“The Court finds that the jury's verdict of infringement was against the clear weight of evidence,” Judge Brewster wrote in the court documents.

Microsoft had sought either a reversal of the jury ruling, a drastic reduction in the damages, or a new trial.

“Today's ruling by the judge reversing the jury's $1.52 billion verdict against Microsoft is a victory for consumers of digital music and a triumph for common sense in the patent system,” said Microsoft general counsel Brad Smith.

For more Future Parc news click here .

Monday, July 2, 2007

Apple to deliver YouTube to TV

APPLE has signed a deal with Google’s YouTube unit that will deliver the internet video catalog to television screens via the Apple TV set-top box.

Starting this month, Apple TV will wirelessly stream videos directly from YouTube and play them on a user’s widescreen TV. Using Apple TV’s interface and Apple Remote, viewers can browse, find and watch free videos from YouTube in the comfort of their living room.

“This is the first time users can easily browse, find and watch YouTube videos right from their living room couch, and it’s really, really fun,” said Apple chief executive Steve Jobs.

“YouTube is a worldwide sensation, and Apple TV is bringing it directly from the Internet onto the widescreen TV in your living room,” Mr Jobs said.

Thousands of the current and popular YouTube videos would be available on Apple TV at launch, with YouTube adding thousands more each week until the full YouTube catalog is available.

Naturally, nothing is ever as simple as it seems, and pundits are already saying Apple may find itself in the middle of the copyright row between YouTube and a host of content providers.

In March, media giant Viacom (owners of MTV and a host of other media properties) sued YouTube for US$1 billion for alledged breaches of copyright.

Viacom’s suit complains bitterly that YouTube did not adequately police what its users uploaded to the site – and consequently it content frequently breached the copyright of others.

Apple also launched this week its iTunes Plus service, which allows music downloads that have no copy-protection that limits how consumers can use the songs. iTunes Plus features artists from EMI, which include Coldplay and The Rolling Stones.

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Thursday, March 22, 2007

EU canes service providers on copyright

DRAFT changes to copyright laws in Europe has switched responsibility for breaches from the end-user to the online service provider and network.

The draft criminalises copyright breaches for companies with services or networks that are used to carry illegally copied material, meaning employees could face jail time for corporate breaches.

The controversial draft law from the European Commission has widespread implications for IT companies across the industry, but could make life especially difficult for firms like video-sharing giant YouTube, or music sharing services like LimeWire.

The initiative has already created an alliance of the strangest of bedfellows, with open source and freeware organisations like the Foundation for a Free Information Infrastructure joining in opposition corporate lobby groups like the Business Software Alliance.

The draft law aims to curb copying of copyright-protected music, film and software. But opponents of the draft are concerned about a clause that criminalises the aiding and abetting, or incitement to infringe an intellectual property – by providing the service or network service that allows the copying.

For more Digital Content news click here.

Friday, March 16, 2007

Viacom lands $1b punch on YouTube, Google

GLOBAL media giant Viacom has finally had enough of Web upstart YouTube and its parent Google, slapping the companies with a US$1 billion lawsuit for “massive intentional copyright infringement.”

Viacom also applied to a New York district court for an injunction to stop YouTube from allowing Viacom copyrighted material to appear on its site.

The complaint contends that nearly 160,000 “unauthorised” clips from Viacom television programming have been available on YouTube and had been viewed more than 1.5 billion times.

Viacom the Google and YouTube strategy had been to avoid taking steps to curtail infringement on their sites, shifting the burden and cost of monitoring YouTube to the victims of its infringement.

“There is no question that YouTube and Google are continuing to take the fruit of our efforts without permission and destroying enormous value in the process,” Viacom said in a statement.”

“YouTube is a significant, for-profit organisation that has built a lucrative business out of exploiting the devotion of fans to others’ creative works in order to enrich itself and its corporate parent Google.

“Their business model, which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws,” the company said.

Viacom said YouTube’s actions were “in stark contrast” to other content distributors, and that “after a great deal of unproductive negotiation” on the issue the company was taking action to stop YouTube and Google “continuing to steal value.”

Google says it is confident that YouTube has respected the rights of content owners, and that the company has also given those owners opportunities to create new audiences among younger viewers.

Google's General Counsel Kent Walker said “YouTube has become even more popular since we took down Viacom's material. We think that's a testament to the draw of the user-generated
content on YouTube.”

“We've been very successful forging thousands of successful partnerships with content owners – like Warner Music, Sony/BMG, Universal Music, BBC, and the NBA – interested in finding new audiences for their programming,” Mr Walker said.

“These partnerships offer the YouTube community access to some of the best content in the world, ranging from entertainment and sports to politics and news. And we're only getting started.”

Google acquired YouTube for US$1.6 billion last November as a natural extension in the video space of its own search business.

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