All Posts Tagged Tag: ‘Fair Use’

Fair Use Prevails As Google Wins Book-Scanning Case

So, you know that book-scanning legal battle that Google has been fighting for the past eight years against the Authors Guild? Google just won. In a New York court, Judge Denny Chin ruled that Google can continue its book-scanning ways because it’s fair use, being how it’s “highly transformative”. It doesn’t hurt the original market for the material, he found, …

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AP And Meltwater Make Up And Work Together

The Associated Press and Meltwater, once bitter legal rivals, have decided to squash their beef, and move forward working together on new products that will benefit both parties. Both (who were suing each other) have elected to cease all litigation between them. Meltwater provides services to business, scanning news from around the world to help its customers track keywords and …

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Ruling In AP/Meltwater Case Could Be Trouble For Search Engines

Search engines and fair use suffered a legal blow this week, as a judge sided with the Associated Press in its ongoing case against Meltwater, a service that scans news from around the world, and helps businesses track keywords and topics of interest. Essentially, Meltwater’s service displays content with links and snippets in a similar format to Google News and …

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German Law Says Google Can Use Snippets Of Certain Size, Fails To Define Size

Google will not have to pay to use snippets of news content in Germany, according to a copyright law (pdf) that was passed in the country. We discussed the proposed law last year, which Google had spoken out about. At the time, it looked like, if passed, it would have required search engines and aggregators to pay to license content …

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Newspapers Support AP Fight Against Meltwater

A group of newspapers, including The New York Times, has lent its support to The Associated Press in a lawsuit against Meltwater, a company that scans news from around the world, and helps businesses track keywords and topics of interest. The service reportedly reproduces headlines and story snippets for clients, along with links to the actual stories – pretty much …

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Should Sites Be Forced To Pay For Linking? Harvey Weinstein Thinks So.

Harvey Weinstein, an Oscar winning producer and prolific proponent of Obama, told Deadline that he is going to push for legislation that would force websites to pay for linking to news articles. This legislation would require news websites and blogs to pay a monitoring organization a fee for every link to an article written by a journalist. Should news sites, …

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Google Book Scanning Legal Saga Continues

Last month, Google announced that after seven years of litigation, the company finally reached a settlement with the Association of American Publishers regarding book scanning. The saga, however, is not over yet. On Friday, Google filed a brief in New York, in an effort to prevent authors from suing with class action status, as the Authors Guild is reportedly still …

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In Case You Were Wondering, Quoting Isn’t Duplicate Content [Matt Cutts]

Google’s Matt Cutts has put out his latest Webmaster Help video. This time he takes on a pretty classic topic – duplicate content. There’s not much here that any industry veterans will find to be of particular interest, but he is answering a user-submitted question, so clearly there are people out there unsure of Google’s take on quoting other sources. …

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Google Adds Copyright Removal Notices To Its Search Algorithm

Google announced a new change to its search algorithm today. Starting next week, the search engine will begin taking into account the number of valid copyright removal notices in rankings. That is the number of valid notices Google receives itself. This should get interesting. “Sites with high numbers of removal notices may appear lower in our results,” says Google SVP, …

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The Government Is Putting Fair Use In Danger

Fair use – what do those two words mean to you? If you’ve been following copyright law at all lately, you probably have heard the term thrown around a few times. It’s considered by many to be the most important feature in copyright law, so why is it always under attack? It would be unfair to say that fair use …

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South Park Cites Fair Use, Wins “What What (In The Butt)” Infringement Case

According to a ruling from the 7th U.S. circuit Court of Appeals, Butters is not a copyright infringer. The court upheld a lower court decision that ruled Viacom’s Comedy Partners were correct in their fair use defense concerning a 2008 South Park episode that lampooned a classic viral video from 2007 – Samwell’s “What What (In The Butt), which currently …

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Perfect 10 Sues Tumblr

A porn company called Perfect 10 recently sued microblogging platform Tumblr for copyright infringement almost five years to the day of the social network’s inception. Tumblr, host to over 46 million blogs, is also home to a spectacular amount of pornography, and Perfect 10 claims the site facilitated the “rampant and unremedied uploading, display and distribution of Perfect 10’s copyrighted …

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Google Speaks Out Against Righthaven In Court

The last time we checked in with the Righthaven saga, righthaven.com had just been sold in a domain auction, as Righthaven struggled to pay legal costs and fines. Now, when you go to righthaven.com, you are greeted with the image above. Any guesses as to what this is about? Interestingly, Google appeared in court, and spoke out against Righthaven on …

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Righthaven Domain Sold In Auction

We recently reported that Righthaven.com was up for auction on Snapnames, and it has now sold. And not for much. It ended up going for $3,300. That’s unfortunate for Righthaven, seeing as how they’ve been ordered to pay about $60,000 more in court. For Righthaven, commonly referred to as a “copyright troll,” having to auction off its domain was rather …

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Righthaven Domain Now Being Auctioned

Righthaven, which is commonly referred to as a “copyright troll,” is now having its domain name RightHaven.com auctioned off by domain auction site SnapNames, as pictured above. If you’re not familiar with the story, the irony here is that RightHaven itself has sought the domains of other sites, which it deemed in violation of its copyrights. For more backstory on …

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Spielberg Face, Caught on Video

Earlier this year, the UGO.com publication wrote a post about the the legacy of the Spielberg Face, which is an homage to the Spielberg style of moviemaking, especially when he is capturing an actor’s reaction of awe or surprise. In UGO’s post, the Spielberg Face is described as such: When a character looks up and catches something unexpected, that’s the …

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Righthaven Ordered to Pay Huge Fine

The woes continue for Righthaven, the company designed to sue bloggers and others on the web for allegedly infringing upon the copyrights of its clients/partners. You can see our past coverage of the Righthaven saga here. The last time we checked in, Righthaven received a huge dose of irony, as a defendant sought Righthaven’s own assets. That’s because Righthaven has …

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Should You Have to Pay to Link?

This isn’t about paid links in relation to search. This is about paying publications to link to their content as if you were paying to republish it. Do you think a publication should charge others to link to their content? Let us know in the comments. Central European News (CEN) is a media organization that provides various services like news, …

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Righthaven Gets Taste of Irony as Defendant Seeks Assets

The Righthaven storyline continues to get even more interesting. The company, often referred to as a “copyright troll,” first stopped filing new suits against bloggers, then reports came out that the it may even file for bankruptcy, as it was hit hard by a court order to pay over $34,000 in legal fees. Then, even the publisher of MediaNews Group, …

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Righthaven Strategy Called a “Dumb Idea” By Denver Post Publisher

Righthaven’s blogger-suing (often referred to as “copyright troll”) business model might be winding down. Though still appealing past rulings, the company has stopped filing new suits (at least for the time being). They may even have to file for bankruptcy after having to pay over $34,000 in fines. Now even MediaNews Group, which has employed Righthaven’s services in relation to …

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Righthaven May File for Bankruptcy: Report

Things don’t appear to be looking too great for Righthaven these days. After losing some key fair use cases, the company stopped filing suits altogether, and got rid of a lawyer that’s been involved in over 50 cases. For more background on the ongoing Righthaven saga, read our previous coverage. Now, Righthaven says it might have to file for bankruptcy, …

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Righthaven Stops Filing Suits (At Least for Now)

Righthaven, which has made a business out of suing people for alleged copyright infringement (see background stories here) has not filed a suit in two months according to a new report from Wired, which suggests that “the great experiment in copyright trolling ” may be coming to an end. For some reason, that seems hard to believe, considering the amount …

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Righthaven Loses Another Fair Use Case, Ordered to Pay $34K in Legal Fees

Righthaven was dealt another blow in a Nevada federal court, as it was ordered to pay over $34,000 to cover the legal fees of the defendant it had just sued (and lost). For some more background on Righthaven, you can peruse our previous coverage here. Basically, it’s a company that has made a business out of buying copyrights from publishers …

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Blink 182 Has Fun With YouTube Copyright Infringement

Fair use is an issue that will not have much resolution going forward. Users want to have some creative control over songs they own, and the governing bodies that by have a much more strict approach to that practice. It’s an age-old battle that’s been around since Walt Disney’s days, but now, with the ease of use the Internet provides, …

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Demand Media Threatens “Demand Studios Sucks” with Legal Action

A blog and forum site called DemandStudiosSucks.com has been threatened with legal action by Demand Media, the company behind Demand Studios. The letter the site received has been posted on the site itself. In it, Demand Media’s legal department says: Demand Media possesses valuable trademark rights in the Demand Media trademark and holds trademark registrations for Demand Media in numerous …

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Another Righthaven Copyright Case Thrown Out, Only To Be Filed Again

Righthaven lost another copyright case, this time in Nevada. The “company” seems to be losing a lot lately, but this time, they have decided to refile the suit right after the case was dismissed. A blogger named Dean Mostofi, was the defendant this time. He apparently used the full text of an article from the Las Vegas Review-Journal about a …

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Huffington Post Suspends Writer After Taking Too Much From an AdAge Story

Simon Dumenco at AdAge posted a story today about how the Huffington Post regurgitated one of his articles, and bashed the Post’s long-time claims about how its links can drive tremendous amounts of traffic to the original source. It appears, however, that the content in question actually went too far for the Huffington Post’s own tastes. Dumenco explains that the …

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To Righthaven’s Dismay, Judge Rules Copying of Entire Article Fair Use

Righthaven was dealt another blow in court this week when a judge ruled that one of the defendants it was suing over copyright infringement had fairly reposted an entire article from client/partner Las Vegas Review-Journal. If you’re unfamiliar with Righthaven, it’s a company whose sole purpose appears to be to sue bloggers and media outlets who have used content it …

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Righthaven Complaint Dismissed in Key Case

Righthaven, the company often referred to as a “copyright troll,” which has essentially made a business out of suing bloggers and media outlets over alleged copyright infringement, was dealt a big blow by a Las Vegas judge, who dismissed a key suit filed by the company. That case would be Righthaven LLC vs. Democratic Underground, LLC, along with the counter-case …

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Righthaven Files Suit Against Ars Technica Writer, Quickly Dismisses It

Eriq Gardner, a journalist who contributed this article to Ars Technica 3 months ago was being sued by the controversial Righthaven, but then Righthaven apparently decided to dismiss it. What would have made this case stand out from the plethora of other Righthaven-initiated lawsuits? Well, it would’ve been over an article that was actually about Righthaven suing others. The article, …

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