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

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.

New Media Rights offers journalists and filmmakers in the San Diego area a unique opportunity with the NMR's community journalism project

Citizen being filmed

John Mattes, an award-winning journalist is going out in the field to investigate UCAN issues including deceptive company practices and is offering an opportunity for those who are interested to "shadow" him and learn about investigative journalism and craft online videos.

FCC field hearing in San Diego discusses the future of mobile apps and solutions to a possible "spectrum crisis"

FCC Chairman Julius Genachowski and Commissioner Meredith Attwell Baker led two panels this week at USD for the development of a National Broadband Plan. The panelists discussed the future of spectrum availability and mobile applications during a time when the FCC warns of a "looming spectrum crisis".

Open College Textbook Act (S. 1714) promises seed money for the open education cause

The Open College Textbook Act proposes "to authorize grants for the creation, update, or adaption of open textbooks."

Specifically, it would authorize the Secretary of Education to award 1-year grants on a competitive basis to higher education institutions, professors, non-profit, or for profit-organizations that produce textbooks. The textbooks would be open licensed and available to be downloaded, redistributed, changed, revised, or altered by any member of the public.

Learn more here and then please sign our petition supporting the Open College Textbook Act.

How FCC Chairman's net neutrality proposal will affect broadband, cell phones, and an "Open Internet"

FCC Chairman Genachowski has proposed six net neutrality principles be adopted as rules by the FCC. This welcome sign for an "Open" Internet could effect everything from your home Internet Service to your cell phone and broadband data card service.

But this is just the first step. Learn about what the FCC Chairman proposes and how it affects your Internet service.

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

"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."

Youtube puts ads on videos without permission

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 Commons) 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.

Lost in Translation: Rosetta Stone sues Google for Trademark infringement

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?

Trademark holders rush to secure usernames on Facebook

Trademark 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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