Archive for September, 2010

Appeal of Prison Sentence for Founders of The Pirate Bay Set to Begin

Thursday, 30 September, 2010 09:18 Written by Mark Malek 1 Comment
Share via email

Gravatar Iconby Mark Malek

Many of our readers are familiar with The Pirate Bay and that it is, or at least it was, a site where piracy of intellectual property ran rampant.  The Pirate Bay is not the only site where copyrighted materials are freely shared among infringers, but it is the one that has been in the news lately.  You may recall last year that The Pirate Bay trademark was taken right out from under them.  Here is my article pointing out that irony.   

According to this article the appeal by the founders of The Pirate Bay of the their prison sentences begins today.  The four were found guilty of “promoting copyright infringement” and were sentenced to serve time in prison.  The defense that they raised was that they did not actually host infringing materials.  Instead, they hosted a website where allegedly infringing materials could be readily shared among prospective infringers. 

One of my favorite lines in this entire debacle is the defense attorney that likened The Pirate Bay to a car manufacturer that makes cars which are capable of being driven faster than the speed limit.  I have to give him an A+ for originality on that one.  I think the more accurate argument is that they were a car maker that made cars that exceed the speed limit 99% of the time, then gave those cars away to anyone that wanted to use them.  Like The Pirate Bay, such a manufacturer would, at the very least, be considered irresponsible. 

I’m not sure why I come down on sites like The Pirate Bay so much.  I think that since the better part of my job is to secure intellectual property protection for my clients and to enforce that protection against others, I am a bit put off by the piracy which seems to be commonplace now.  I am even more put off that many people (typically the younger generation) really have no idea that it is wrong.  Talk to any typical high school student and ask them if it is ok to download free music from the internet.  You will likely be surprised by the answers you get.  I was actually told once that it was perfectly ok to borrow your friend’s CD and burn a copy for yourself.  My conclusion – piracy and illegally downloading media from the internet is a phenomenon that is here to stay.

BOX OFFICE IN YOUR HOUSE, RUMORED TO COST YOUR HOUSE

Wednesday, 29 September, 2010 09:23 Written by Scott Nyman 3 Comments
Share via email

By: Scott Nyman

Totally worth a second mortgage.

There’s no secret that the current model for the movie industry is becoming outdated. Gone are the days where moviegoers are willing to tolerate sticky floors and uncomfortable seats for the big screen experience. Today, more and more households are equipped with home theater setups that rival the box office experience. Yet, DVD sales continue to decline, causing the major movie studios to search for new ways to profit from their intellectual properties.

Studio executives are rumored to be in talks with major cable providers about granting subscribers access to new release movies through their on-demand services. Consumers may soon be able to shorten or even completely bypass the 120 day delay between box office and DVD release, albeit at a price. Word on the street suggests studios may charge as much as $30 for the convenience of watching Spiderman 13 on your couch. If this pricing proves successful, studios are expected to increase prices to first born children, your left arm, or a lien on your house.

Infringement Suit a Far Cry From Having Personal Jurisdiction

Monday, 27 September, 2010 13:53 Written by Scott Nyman 4 Comments
Share via email

By: Scott Nyman

Boll - This is what I think of copyright infringers

There’s no secret that the motion picture industry is pursuing copyright infringers in the courts, with lawyers for the US Copyright Group filing suit against more than 14,000 people this year alone. Filmmaker Uwe Boll, notorious for creating some of the worst video game movies ever, has initiated suit against 4,577 “John Does” for infringing on the copyrights relating to his Far Cry this past March. Boll’s legal entourage brought charges against all “Does” in the federal courts of DC.

In the past, judges have denied motions to quash subpoenas related to these sweeping infringement cases, since most of the individuals were unrepresented, addressing the courts with inappropriate arguments. Recently, two of the named offenders are fighting back with the help of their attorneys. These defendants claim the US Copyright Group lacks personal jurisdiction to bring suit in DC courts. Though legal counsel, the defendants argue that a simple search on public, free internet tools would reveal the location of the IP address and the respective internet service provider, neither of which were located within the jurisdiction of the DC courts. Further, defendant’s lawyers argue the filmmaker is attempting to assert an “internet jurisdiction,” and allege the DC court has rejected such sweeping jurisdiction in the past.

More interestingly, the represented “Does” are requesting legal fees incurred to defend themselves in this question of appropriate jurisdiction. Judge Collyer, overseeing the Far Cry case, has since ordered the plaintiff to show cause why the case should not be dismissed against the out-of-state defendants for personal jurisdiction no later than September 30, 2010.

Attorneys' Fees for 14k defendents adds up

While requiring the US Copyright Group to perform an IP search to determine the location of an infringer may slow down the rate at which it brings lawsuits, the threat of attorney’s fees for 14,000 defendants who may-or-may-not belong in the DC courts will likely cause the film industry to rethink their copyright enforcement strategy. As a consolation to Mr. Boll, at least you caught the potential infringers with a film largely held on par with the “Ernest” movies.

Stevie Wonder Urges the World Intellectual Property Organization (WIPO) to Ease Copyright Laws for the Blind

Saturday, 25 September, 2010 06:09 Written by Mark Malek 0 Comments
Share via email

Gravatar Iconby Mark Malek

Well, this story is a little near and dear to my heart.  My mother is blind so, naturally, this caught my attention.  The AP reported that Stevie Wonder appeared before WIPO, and agency of the United Nations, to urge the copyright overseers to ease copyright laws so that content is more readily available to the blind.  As Stevie puts it, “more than 300 million people who live in the dark want to read their way into light.”

The issue is that under the current copyright regulations, institutes for the blind in different countries may be required to make multiple audiobook versions of the same work.  Of course, this leads to higher costs and due to the trickledown effect, can leave underfunded institutes for the blind in the position of not being able to afford the content to pass along to the people that need it most. 

This likely would not be a problem but for the rash of piracy that occurs on the internet day in and day out.  The copyright laws have been revamped so many times in an attempt to capture the bad actors on the internet, e.g., The Pirate Bay, et al. Sometimes, however, these enhanced copyright laws have unintended consequences, such as making it more difficult to provide content for the blind and visually impaired.  One goal would be to provide a clearinghouse for institutes for the blind to deposit materials that can be readily translated as necessary and made available to those in need. 

It is commendable that an individual who has made his fortune based on the enforcement of copyrights recognizes the unintended results of more stringent copyright laws and is now trying to make a difference in the lives of others afflicted with his condition.

Microsoft on Android – Not So Free. The Role of Patent Infringement Litigation

Friday, 24 September, 2010 11:15 Written by Scott Nyman 2 Comments
Share via email

By: Scott Nyman

The battleground for supremacy in the mobile space has never been fiercer. Mobile dominance has passed between the big contenders throughout the years. Windows Mobile and Blackberry OS had their days at the top, much like Apple’s iOS has ruled the last couple years. Lately, the crown has been shifting to Google’s Android mobile platform, with new devices seemingly arriving every couple weeks.

One reason for Android’s rapid adoption is the open-source model it is built upon. Not only may Android be installed on devices from any manufacturer, but these manufacturers may do so without payment of licensing fees. Some competitor models, such as those used by Apple and Blackberry’s RIM, lock their respective operating systems to devices manufactured in house. Other competitors, such as Microsoft, allow their operating systems to be installed onto devices from multiple manufacturers, albeit with a licensing cost. With smartphone manufacturers continually looking to improve their bottom line, it’s not hard to understand why many choose Google’s open-source option.

But Microsoft suggests that Android is not free. Chief financial officer for Microsoft’s mobile communications division, Tivanek Ellawala, raises the issue of hidden legal costs due to infringement disputes resulting from adoption of Google’s Android operating system. Although Microsoft offers this friendly advice with no personal motivation, as they finalize a revamped Windows Mobile 7 for launch later this year, there may be some weight to Ellawala’s comments. Earlier this year, Apple sued smartphone manufacturer HTC for infringement of at least 10 U.S. patents relating to features used in HTC’s implementation of the Android operating system. Oracle has also recently sued Google for infringement relating to the use of Oracle’s Java software in the development of Android. Apple and Oracle may only be first players in the battle of patent portfolios, with potentially more suits to follow.

 Whether a hidden legal cost exists with the use of Google’s mobile platform will likely be determined as the juggernauts continue to battle. Smartphones and other low power portable devices are rapidly becoming the new frontier in computing. With increased competition for dominance in this much lauded market, we can bet all contenders will continue to fight for their position at the top.

« Older Entries

Subscribe

Login



SATURDAY, MAY 18, 2013

Bad Behavior has blocked 8494 access attempts in the last 7 days.