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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 with questions about your digital rights.

How mobile apps track and share your location and other personal information

Dan Terzian's picture
Submitted by Dan Terzian on Tue, 01/10/2012 - 14:22

You are being tracked. The tracking device is your smartphone. And the tracker? Apple and Google. And your cellphone carrier. And software companies. And countless other third parties. And shopping malls. Oh, and also potentially law enforcement agencies.

Just what, exactly, are these groups tracking? And why? Read on to find out.

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Guide for defendants in mass copyright lawsuits (Bit Torrent Filesharing cases)

Submitted by New Media Rights on Mon, 10/10/2011 - 09:52

You may be a defendant, or may know a defendant involved in one of the “BitTorrent filesharing lawsuits.” These suits are also sometimes referred to as “Mass copyright lawsuits” because for the first time, hundreds and sometimes thousands of individuals like yourself have been implicated in lawsuits alleging “copyright infringement.” Indeed, as of September 2011, there are over 200,000 individuals involved in such lawsuits.

New Media Rights has drafted the guide below to provide you with basic, practical information regarding these lawsuits.
 

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September Newsletter: Success stories, challenging AT&T, and Blogworld 2011

Submitted by New Media Rights on Thu, 09/08/2011 - 09:40

Our September newsletter brings news of success stories fighting DMCAi abuse, a grant awarded by the California Consumer Protection Foundation, and our continuing efforts to stop the AT&T-Tmobile merger. 

You can also catch us in person at Media Law in the Digital Age in October, a conference coproduced by Harvard Berkman Center's Digital Media Law Project and the Center for Sustainable Journalism at Kennesaw State University, as well as Blogworld 2011 in LA in November.

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Data portability policies to ensure and open and competitive internet - an idea whose time has come?

art neill's picture
Submitted by art neill on Wed, 09/22/2010 - 15:19

Data Portability Icon - CC-BY 2.0

I recently shared the concept of developing data portability policies, standards, and best practices as a potential project for New Media Rights' Drumbeat San Diego event, and as project that could fit within Mozilla's larger Drumbeat initiative fostering projects that celebrate and ensure and open web.

This project begins with the concept that user choice, and user control over their experience, should remain a distinguishing feature of the open internet.

To maintain a healthy competition amongst online services heavily reliant on user-submitted data, it will become increasingly important to make sure user data is easily portable. This will help ensure that popular services make changes according to the interests of their users, and that new services can compete on the basis of their merits and usability, without artificial barriers to competition. Keeping data in the hands of users, rather than allowing confusing legal and technological techniques to lock upconsumer data, will help ensure an open and competitive internet.

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YouTube's victory over Viacom reinforces DMCA safe harbor protections for websites

Submitted by Sarah on Fri, 07/02/2010 - 11:34

On June 23, Viacom's claim for $1 billion in damages was shot down when the District Court for the Southern District of New York found YouTube and its owner Googlei not liable for copyright infringement in a much-anticipated decision. The two corporate giants have been at it since 2007, when Viacom joined with other plaintiffs including Paramount Pictures and sued YouTube, claiming that the online video service was legally responsible for copyright infringement when users posted clips of copyrighted material, including The Daily Show and The Colbert Report, owned by plaintiffs.

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New Media Rights files comments in FCC Future of Media proceeding

Submitted by New Media Rights on Mon, 05/10/2010 - 11:13

San Diego, California - On Friday May 7th, 2010 New Media Rights submitted comments in the FCCi's Future of Media proceeding. 

New Media Rights' comments to the Commission draw directly on our experience providing one-to-one pro bono legal assistance as well as a free public media studio to creators of all types.  Our work has given us the opportunity to engage with a wide variety of media makers, advocates and citizens.  These comments are also intended to supplement a conversation held between New Media Rights, Free Press, Main Street Project, People's Production House, The Transmission Project and Mountain Area Information Network with the FCC's Steve Waldman on Thursday May 6th, 2010.

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

art neill's picture
Submitted by art neill on Sat, 04/17/2010 - 08:52

"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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How service providers deny users the right to counternotify for content removed by DMCA takedown notices

art neill's picture
Submitted by art neill on Tue, 12/01/2009 - 17:44

DMCA pic

New Media Rights recently heard from a blogger who received notification that a takedown notice was sent to their service provider, a website that hosts individuals blogs, and that the user’s content was removed.  However, the blogging service didn't

1) Identify the individual who requested the information be taken down OR

2) Specifically identify the infringing material

What's the problem?  This essentially destroys a users right to counternotify, allowing overreaching large content companies to control and remove Internet speech at will. 

Learn about the problem here, and learn how to fight back if you have content removed by a DMCA takedown notice.

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Veoh triumphs over Universal Music in lawsuit on social media liability, gives lesson in the DMCA safe harbor

art neill's picture
Submitted by art neill on Tue, 09/15/2009 - 09:31

"Jump on the Social Media Bandwagon" by Matt Hamm, licensed under Creative Commons Attribution Noncommercial 2.0. It is uncertain whether Veoh will be a major player in the future of online video. There is little doubt, however, that it has had a significant role in defining the boundaries of social media liability.

Veoh's victories against IoGroup and Universal Music have helped provide a model for social media and web 2.0 services in protecting themselves from liability.

Veoh's newest triumph is getting the district court to grant summary judgement that it is "entitled to the section 512(c) safe harbor."

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Youtube puts ads on videos without permission

art neill's picture
Submitted by art neill on Fri, 07/31/2009 - 15:57

Youtube's filtering technology may be causing advertisements to appear on content without permission.  Besides the possible contract violations, the ads create catch 22's when uploading openly licensed (ie. Creative Commonsi) content to Youtube.   Youtube could have a significant effect on the future openly licensed video content.  This is appears to be a slap in the face to open content and step in the wrong direction.

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