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DMCA

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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Jailbreaking Copyright’s Scope

Submitted by New Media Rights on Wed, 07/28/2010 - 06:29

A bit late for the rule’s “triennial” cycle, the Librarian of Congress has released the sec 1201(a)(1)(C) exceptions from the prohibitions on circumventing copyright access controls. For the next three years, people will not be ” circumventing” if they “jailbreak” or unlock their smartphones, remix short portions of motion pictures on DVD (if they are college and university professors or media students, documentary filmmakers, or non-commercial video-makers), research the security of videogames, get balky obsolete dongled programs to work, or make an ebook read-aloud.

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

Submitted by Sarah on Fri, 07/02/2010 - 12:34

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 - 12:13

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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Lenz court interprets and limits damages available under DMCA 512(f) for wrongfully issued takedown notices

Submitted by Meghan Bohn on Mon, 03/15/2010 - 10:07

The newest Lenz decision interprets damages available for bogus takedown notices under 17 U.S.C. 512(f), but its practical effect will be to limit the amount plaintiffs can recover.

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art neill's picture

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

Submitted by art neill on Tue, 12/01/2009 - 18:44

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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art neill's picture

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

Submitted by art neill on Tue, 09/15/2009 - 10:31

"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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michael donahue's picture

Is the DMCA the weapon of choice for Internet bullies?

Submitted by michael donahue on Mon, 06/15/2009 - 10:25

Internet bullies are taking matters into their own hands by trying to use the "safe harbor" provisions of the DMCA to wrongfully intimidate others. It is crucial for all Internet service providers, website operators, bloggers, etc. to fully understand the state of the law in order to avoid unneccesary harassment. 

Section 512 of the Digital Millenium Copyright Act (DMCA) creates "safe harbor" provisions for online service providers who allow user generated content. Under these provisions, online service providers are granted some protection against copyright infringement claims as long as certain procedures are followed. Generally, a copyright holder must send a "take down" notice to the service provider, and the service provider will inform the user the content has been taken down. In response, the user may reply with a "counter notice" letter to try and have the content re-posted.

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art neill's picture

California AB 632 - misguided legislation would overburden social media and undermine user privacy

Submitted by art neill on Wed, 04/08/2009 - 12:26

The California Legislature is considering a bill from Assemblymember Davis regarding "Internet-based social networking: privacy" that is wrong for social media websites large and small, and does little to protect their users. The Assembly Committee on Arts, Entertainment, Sports, Tourism, and Internet Media passed a slightly improved version of the bill on March 31, 2009 (5 to 3), which means it is on to the Judiciary Committee, where it hopefully will be stopped.

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art neill's picture

RIAA MPAA stop suing customers, but get major ISPs like Comcast and AT&T to do their dirty work

Submitted by art neill on Fri, 03/27/2009 - 12:11

How AT&T, Comcast, and others are helping RIAA & MPAA pursue suspected filesharers.

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