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New Media Rights answers questions from the public and takes media inquiries regarding the law and technology.  Please contact us if you have a question and we'll be glad to assist you. Our free legal and how-to resources, as well as our free public media studio and equipment, are supported by donations by individuals like you, so please consider donating today! Contact us for legal assistance at (619) 591-8870.

Copyright Office decision supports cell phone jailbreaking, encourages educators and remixers

Submitted by Shaun Spalding on Thu, 07/29/2010 - 14:14

Regardless of how one feels about the Digital Millenium Copyrighti Act (DMCAi) as a whole, it’s clear that the Copyright Office's recent rulemaking process has appropriately further limited the DMCA's anti-circumvention provision. In February 2009, New Media Rights submitted comments in support of these changes that have now been enacted.

The Office's ruling attempted to clarify the DMCA's prohibition on “circumventing” digital rights management (DRMi) and “other technical protection measures” -- a prohibition that, up until now, has given Apple the theoretical right to intimidate iPhonei users with “jailbroken” phones with legal action. The Office ruled that this jailbreaking does not constitute violation of the DMCA. Although Apple has never prosecuted any iPhone jailbreaker under the DMCA, Apple did strongly object to any exemption to the anti-circumvention rule. This has led many general interest news sources to label these recent exemptions as a victory specific to iPhone jailbreakers which isn’t true.  The victory is a broader one, for cell phone users, video remix artists, documentarians, and educators, among others.

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Let the Wookie Win: A Short History of Star Wars Litigation

Submitted by Shaun Spalding on Tue, 07/20/2010 - 11:34

San Diego Comic Con has arrived again! Although New Media Rights provides assistance to creators and internet users nationally, we are firmly rooted in San Diego and supporting local San Diego arts and culture.

Every year, Comic Con brings Storm Troopers fraternizing with Bounty Hunters back to downtown San Diego, and grown women huddled up in Tauntaun sleeping bags back to the Convention Center’s hallways.

To celebrate Star Wars Day and Comic Con returning to San Diego, and to prove learning about the law can be fun (sometimes), we present to you a short history of Star Wars trademark litigation: two cases in which Lucasfilm took people to court over Star Wars and lost.

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Bros Icing Bros - A Case for Copyright Bullying by Overreacting Smirnoff Lawyers

Submitted by Shaun Spalding on Mon, 06/21/2010 - 17:26

"Smirnoff Ice" by Fernando Ariotti (Released Under Creative Commons Attribution-Noncommercial-No Derivative Works 2.0 Generic )

On the morning of July 16, my bros on Twitteri noticed something totally un-chill: BrosIcingBros.com, the epicenter of the icing phenomenon, had been taken down. Instead of user-submitted photos of young brosephs and bro-ettes, on their knees drinking bottles of Smirnoff Ice, the website displayed an unceremonious, one-sentence farewell: "We had a good run Bros..."

At NewMediaRights, our pro-bono IPi attorney Art Neill regularly deals with individuals being bullied by large copyright/trademark owners into taking down their sites, even when those sites don't actually violate copyright and trademark law. To bring this practice to light, we wanted to publicly discuss how strong/weak Smirnoff's legal arguments to take down BrosIcingBros.com really are, and whether Smirnoff had good faith when chose to take the site down.

By the end of our analysis, we’ll conclude that

(A) Smirnoff’s arguments for both copyright and trademark infringement are weak at best;

(B) Even though Smirnoff did have good faith to send a cease and desist letter to BrosIcingBros for some instances of infringement, it was not within reason for Smirnoff to require that the entire site to get taken down.

(C) If BrosIcingBros was, in fact, taken down because of legal problems with Smirnoff, then this is a classic example of a large brand’s legal department overreaching with cease and desist letters and bullying individuals into compliance without sufficient legal arguments to back their claims up.

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art neill's picture

Respecting the linking economy and information aggregators - part 1 of 3 online rights battles that need fighting this decade

Submitted by art neill on Sat, 04/17/2010 - 09:52

"Rainbow" shared by Jakrome under CC BY-NC-SA 2.0Intuitively, if you use the Internet even sparingly as a means of connecting you to the broader world, you'll recognize that much of the activity that takes place on the internet involves humans (and automated search engines and other services) filtering and aggregating basic facts and information.  This is so fundamental to our daily Internet use it largely goes unnoticed.  A link from search engine, a tweet, or a status update from a social media service are just a few examples.  There is huge value in helping citizens sift through the wonderful oversaturation of information the Internet offers.

There are, however, real threats to our ability to find content and navigate in our vast information ocean.  This very cornerstone of the Internet is threatened by fear, misunderstanding, and overreaching from some traditional content owners.

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michael donahue's picture

Lost in Translation: Rosetta Stone sues Google for Trademark infringement

Submitted by michael donahue on Mon, 07/13/2009 - 11:02

Rosetta Stone, a foreign language education provider, filed suit against Google in federal court last week for allegedly infringing on the company's trademark.  The conflict arose over Google's AdWords program which allows third parties to purchase keywords for advertising purposes. The result is that when a consumer runs a Google search for "Rosetta Stone", their search results will display paid advertisements of competitors as "sponsored links". What do you thingk, trademark infringement or fair competition?

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michael donahue's picture

Trademark holders rush to secure usernames on Facebook

Submitted by michael donahue on Fri, 06/26/2009 - 11:54

Trademarki holders are rushing to protect their marks on Facebook as a result of the new "username" feature.  Facebook recently granted all registered users the right to create personalized usernames in the form of URLs (www.facebook.com/username) because it expedites the search process for individuals and businesses.  With the creation of the username, you can now be linked directly to the profile you are looking for instead of wasting time scanning thousands of search results. While it seems the username is a helpful tool, many trademark holders are worried that cybersquatters will jump on this opportunity to wrongfully register their marks. How will the new Facebook policy towards markholders affect legitimate free speech.

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art neill's picture

The AP is going stop bloggers from pirating content (or quoting in fair use for legitimate reasons)

Submitted by art neill on Tue, 06/02/2009 - 15:00

The AP says it is taking aim at "wholesale theft" with new technology that is aimed at targeting reposting of "entire articles." The new technology is supposed to simply flag questionable articles for lawyers and paralegals to then review.

The question is will the new technology be so limited, or will the AP use the technology to follow the same path it took filing DMCA takedown notices falsely characterizing the law regarding the Drudge retort's postings as follows:

"...the use is not fair use simply because the work copied happened to be
a news article and that the use is of the headline and the first few
sentences only ."

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Applying the YouTube Terms of Service: can I use a YouTube video in a presentation legally?

Submitted by jason eliaser on Tue, 03/31/2009 - 16:17

An analysis and criticism of the YouTube Terms of Service, and a (sortof) answer to the question: "Can I use a YouTube video in a presentation at a business conference?"

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JLMetcalf's picture

Don't use Google Images as a source for artist expression!

Submitted by JLMetcalf on Tue, 03/03/2009 - 14:45
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art neill's picture

New Media Rights files comments supporting EFF's proposed exceptions to DMCA Anti-Circumvention 1201(a)(1) provisions

Submitted by art neill on Tue, 02/03/2009 - 16:59

New Media Rights has filed comments with the Copyrighti Office supporting EFFi's proposal for two exemptions to the Digital Millenium Copyright Act's anti-circumvention provisions. 

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