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Veoh decision setback for Viacom, but Google not off hook

The unprecedented decision by a U.S. district court judge to dismiss a copyright infringement case against video-sharing site Veoh is definitely favorable to Google, YouTube, and all user-generated sites, copyright attorneys say.

But the ruling doesn't mean that Google will necessarily prevail in the $1 billion copyright suit filed against it by Viacom, parent company of MTV and Paramount Pictures.

There are significant differences between Veoh and YouTube, according to Mark Litvack, a well-known copyright attorney who once worked for the Motion Picture Association of America (MPAA) and is now with the firm Reed Smith.

Veoh was sued … Read more

Judge: Copyright owners must consider 'fair use'

A federal judge on Wednesday gave more weight to the concept of "fair use" when he threw a lifeline to a Pennsylvania mother's lawsuit against Universal Music.

The judge refused to dismiss Stephanie Lenz's suit claiming that Universal abused the Digital Millennium Copyright Act when it issued a takedown notice to YouTube over a 30-second video of Lenz's baby dancing to a Prince song.

In the first ruling (PDF) of its kind, Judge Jeremy Fogel held that copyright owners must consider fair use before sending DMCA takedown notices.

"Fair use is a lawful use … Read more

EFF introduces Switzerland...the program

The Electronic Frontier Foundation has released an open-source, cross-platform program designed to track your packets and determine if your ISP is throttling your connection to torrents, VoIP, and other legal, high-bandwidth consuming communications. Called "Switzerland" and licensed under the GPL, it's very much in an alpha state and is only a command-line tool at the moment. Also, you're going to have to compile it yourself--that's not the most challenging task, but this isn't a simple self-extracting app.

According to the EFF, Switzerland works by spotting IP packets that have been forged or modified between … Read more

EFF urges judge to dismiss MySpace case

The Electronic Frontier Foundation is opposing the prosecution of a Missouri mom who allegedly created a fake MySpace account to harass a teenage neighbor, saying the prosecutors' misuse of a federal law that targets computer fraud could turn millions of Americans into criminals.

The civil liberties organization filed an amicus brief Friday (click for PDF), urging a Los Angeles federal judge to dismiss the indictment of Lori Drew. She was charged in May with felony conspiracy and three counts of intentionally accessing a protected computer without authorization when she violated MySpace's terms of service.

The EFF, a prominent voice … Read more

Buzz Out Loud 774: The feel-good episode of the year

That's sarcasm, I'm afraid. Lots of bad news today, including the tragic end to the Spam King escape story, the cell-phones-and-cancer debate makes a resurgence with some serious recommendations for careful use, and AOL starts up a fire sale. In good news, though, a new iPhone firmware upgrade is on deck, and it may bring turn-by-turn GPS AND copy and paste. But you know, don't get your hopes up. Have a great weekend! Listen now: Download today's podcast EPISODE 774

Escaped ’spam king’ allegedly kills self, family http://news.cnet.com/8301-1009_3-9999451-83.html

Cancer doc urges … Read more

Jammie Thomas likely to get another day in court

A move's afoot to get a new trial for Jammie Thomas. She's the Minnesota woman a court ordered to pay the recording industry $222,000 for copyright violations related to sharing songs.

You may recall that the jury never found that Thomas had downloaded any music but had infringed by making the music available for others to download. So Friday the Electronic Frontier Foundation, along with a coalition of consumer and industry groups, said the court's judgment should be overturned because of erroneous instructions to the jury.

The headline here should be: EFF to court: Jammie Thomas … Read more

Court rejects RIAA's 'making available' piracy argument

The recording industry's music piracy fight was dealt a setback Tuesday when a federal judge rejected the RIAA's "making available" argument in a lawsuit against a husband and wife accused of copyright infringement.

In Atlantic v. Howell, Judge Neil V. Wake denied the labels' motion for summary judgment in a 17-page decision (PDF), allowing the suit to proceed to trial. The argument--that merely the act of making music files available for download constituted copyright infringement--has been the basis for the Recording Industry Association of America's legal battle against online music piracy.

The RIAA sued husband … Read more

EFF: Microsoft betrayed MSN Music customers

The Electronic Frontier Foundation says that Microsoft has "betrayed" MSN Music customers and wants the company to make things right by issuing an apology, refunds, and eliminate digital rights management technology from the Zune music player.

Microsoft stirred some controversy last week by announcing that it would no longer issue DRM keys for defunct MSN Music after August 31. This effectively will prevent former customers from transferring their songs to new devices after the deadline. Customers could potentially lose their music if they get a new computer or if the hard drive crashes on their current one.

EFF, … Read more

Dancing tot's mom faces setback in YouTube-Prince case

The Pennsylvania mother who sued Universal Music over a YouTube video of her toddler dancing to a Prince song isn't having much luck in court.

Last October, we wrote about the suit that Stephanie Lenz filed in federal court in San Jose claiming the record label had abused the Digital Millennium Copyright Act by sending YouTube a notice of copyright infringement. Three lawyers from the Electronic Frontier Foundation are representing Lenz.

Lenz's 30-second video shows her son Holden, then 13 months old, dancing in the family's kitchen with the Prince song "Let's Go Crazy" … Read more