Digital Rights Management Cases Lamoureux MM 450 April 22, 2008.

Slides:



Advertisements
Similar presentations
V. COPPER INNOVATIONS GROUP ALPEX COMPUTER CORPORATION Rachel Skifton & Tara Miles.
Advertisements

Fair Use in Music Patrick Fulton & Sara Nodine Warren D. Allen Music Library.
Law 12 MUNDY Civil Trials – Introduction Civil lawsuit involves disputes between two individuals, groups or corporations/organizations called =
Slides prepared by Cyndi Chie and Sarah Frye1 A Gift of Fire Third edition Sara Baase Chapter 4: Intellectual Property.
FRAUD EXAMINATION ALBRECHT, ALBRECHT, & ALBRECHT Legal Follow-Up Chapter 18.
1 Drawbacks of Cloud-Delivered Content for Consumers Privacy, Reliability, Security Issues Jim Burger Dow Lohnes PLLC.
Drawbacks of Cloud-Delivered Content for Consumers.
American Tort Law Carolyn McAllaster Clinical Professor of Law Duke University School of Law.
The Downside to DRM. What is DRM? “Digital Rights Management” Software used to control access to copyrighted material Protect company from piracy.
EBay vs. MercExchange IEOR 190 G 3/16/2009Rani. eBay vs. MercExchange (May 2006) With eBay, (Supreme Court unanimously decided that) Injunctions should.
June Weir FOI/Copyright/Records Manager March 2015.
The digital age of information is not yet a done deal and copyright is not the only potential “block” DRM.
April 7, 2011 Copyright Law. Copyright Infringement?
What is copyright? the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or.
The Supreme Court at Work
ROCKDALE MEDICAL CENTER April 17 th,  Add in good faith………….  Follow policies  Seek guidance  Document.
To Copy or Not to Copy A Teachers Guide to the Copyright Act.
Barren County Schools Student Technology Appropriate Use Policy (AUP) “ ”
Part I Sources of Corrections Law. Chapter 4 - Going to Court Introduction – Chapter provides information on appearing in court, either as a witness or.
Cambrige University Press et al. V. Georgia State Univeristy.
Legal Ramifications in the Cloud for Media and Entertainment IP, Privacy, Reliability, Security & Issues Jim Burger Dow Lohnes PLLC.
Development, Marketing, Licensing, and Distribution.
Copyright and the DMCA MM450 Issues in New Media Theory February 17, 2009 Steven L. Baron.
Consumer Drawbacks of Cloud-Delivered Content Privacy, Reliability, Security Issues Jim Burger Dow Lohnes PLLC.
U.S. Copyright Enforcement Benjamin Hardman Attorney / Advisor Office of Intellectual Property Policy & Enforcement, USPTO.
CIVIL PROCEDURE CLASS 17 Professor Fischer Columbus School of Law The Catholic University of America September 30, 2005.
4-1 Chapter 4— Litigation REED SHEDD PAGNATTARO MOREHEAD F I F T E E N T H E D I T I O N McGraw-Hill/Irwin Copyright © 2010 by The McGraw-Hill Companies,
Court Procedures Chapter 3.
Copyright Law Copyright ©2004 Stephen Marshall distributed under the terms of the GNU Free Documentation License (
Cases against Individual File Sharers PowerPoint lecture (please read slides and follow links)
Chapter 3 Judicial, Alternative, and E-Dispute Resolution
Copyright and the DMCA IM 350 Issues in New Media Theory From notes by Steve Baron.
1 Overview of Legal Process in IP Cases From notes by Steve Baron © Ed Lamoureux/Steve Baron.
Barren County Schools Student Technology Appropriate Use Policy (AUP) “ ”
Depositions and Law & Motion
The Judicial System The Courts and Jurisdiction. Courts Trial Courts: Decides controversies by determining facts and applying appropriate rules Appellate.
1 Working the IP Case Steve Baron Sept. 3, Today’s Agenda  Anatomy of an IP case  The Courts and the Law  Links to finding cases  Parts of.
Primary Changes To The Federal Rules of Civil Procedure Effective December 1, 2015 Presented By Shuman, McCuskey, & Slicer, PLLC.
11/17/09 BR- Fill in the blanks.. “Trial courts are concerned with issues of ____.” “Appellate courts are concerned with ____.” Today: Understanding Types.
Computers in Society Copyright. Homework There will be one last homework – it will be in the wiki soon. Find an IP or free speech related court case whose.
LAUSD Responsible Use Policy (RUP) BUL – Attachment A.
And the technology’s effect on consumer rights. What is DRM?  Defined by Encyclopedia of Multimedia as “technology [that] offers the ability to control.
Digital Millennium Copyright Act (DMCA) The Digital Millennium Copyright Act is a United States copyright law that was signed into law by Bill Clinton.
Copyright Law Ronald W. Staudt Class Class 16 March 23, 2009.
© 2007 Sidley Austin LLP, Los Angeles, CA All rights reserved. What is a Civil Case?
Patent Cases IM 350 Lamoureux & Baron Sept. 6, 2009.
"Most people, I think, don't even know what a rootkit is, so why should they care about it?" - Thomas Hesse, President of Sony's Global Digital Business.
COPYRIGHT LAW 2003 Columbus School of Law The Catholic University of America Prof. Fischer March 19, 2003.
Patent Infringement MM450 March 30, What is Patent Infringement? Making, using or selling an invention on which a patent is in force without the.
Digital Rights Management Zach Milko. Overview Definition Why it exists DRM Today  Fairplay Opponents of DRM  DefectiveByDesign.org Future Conclusion.
Copyright Quiz How Well Do You Know Copyright?. Copyright Quiz: True or False Only materials with a copyright symbol,©, are protected. If it doesn’t have.
© 2013 Zing Legal By Karen Kramer Zing Legal | ZING (9464) Liability without Licenses? Overview of Potential Risks for Content.
Presented by Dominique’ Harbour COPYRIGHT GUIDELINES FOR VIDEO USE.
The Courts AP US Government. Some Basic Legal Terms Litigant – Someone involved in a lawsuit. This includes both plaintiff (one bringing the charge) and.
1 How To Find and Read the Law and Live to Tell (and Talk) About It Steve Baron January 29, 2009.
Law and Justice Consumer Law / Contracts Promissory Estoppel, Leonard v. Pepsico - Botz (2012)
IBR Status Report ASTM, NFPA and ASHRAE v. PublicResource.Org
Overview of Legal Process in IP Cases
PRE-SUIT CONSIDERATIONS
Court System.
Process of Law.
Computer Law th class: Open Source.
Overview of Legal Process in IP Cases
Overview of Legal Process in IP Cases
Civil Law: Trial Procedures
Advanced Legal Analysis and Writing Class 13
Chapter 3 Judicial, Alternative, and E-Dispute Resolution
Overview of Legal Process in IP Cases
Overview of Legal Process in IP Cases
Distributed Digital Rights Management
Presentation transcript:

Digital Rights Management Cases Lamoureux MM 450 April 22, 2008

Terms of use You may use this presentation within the next 30 minutes for the purpose of learning in a college class. Thereafter, the program will not allow viewing, transfer, copying, or any type of access. Once the 30 minutes is up, you are shit outta luck. Thanks for spending your hard earned dollars on our stuff. –The content owner »Just joshing your tots

Which state? –NY Which court? –U.S. Southern District Court What kind of court action do we have here? –Two motions for summary judgment (one from each side) are combined Issues? –Cablevision is rolling out a DVR system but has not licensed (for copying) 20th C.F. content. Cablevision claims Sony/Betamax protection 20th C. F. claims infringement 20th Century Fox v.Cablevision

Interesting/contested technical/business features The RS-DVR service, in this case, is a system, not a box. The content is held on and moved across a number of Cablevision’s servers Cablevision could “tier” their service and tie it to added costs (thereby, perhaps, generating the $ for each content holder. But they do not want to do that; they are offering all digital content through this service. At several spots along the chain, the signal is buffered.

20th Century Fox v.Cablevision Interesting/contested trial aspects noted by trial judge –Cablevision waved fair use, so can’t use Betamax/Sony –Isn’t an ISP as such so can’t use safe harbor –The machine isn’t stand alone like a VCR –The performances are public –The buffer copies are neither ephemeral nor trivial; they are viable copies

20th Century Fox v.Cablevision “For the reasons set forth above, plaintiffs' motions for summary judgment are granted, and defendants' motion for summary judgment is denied. Defendants' counterclaim is dismissed with prejudice. Cablevision is permanently enjoined, in connection with its proposed RS-DVR system, from (1) copying plaintiffs' copyrighted works and (2) engaging in public performance of plaintiffs' copyrighted works, unless it obtains licenses to do so.”

20th Century Fox v.Cablevision, appeal United States Court of Appeals for the Second Circuit (NY) Cablevision is joined by a significant (in number and prestige) “friends of the court” brief filed by EFF and 28 professors of IP law.

Cablevisions Friends’ arguments RAM “Buffer” Copies Are Not Sufficiently Fixed To Constitute “Copies” –Under the Express Language of the Copyright Act, The Duration of a RAM Reproduction Is Indispensable For Determining If That Reproduction is a “Copy” –Treating All RAM Reproductions As “Copies” Would Undermine the Basic Policies and Purposes of the Copyright Act i. Copyright Liability Should Not Turn On An Arbitrary Distinction Between Analog and Digital Technology ii. The District Court’s Holding Would Create Monopoly Rights Over The “Right to Read” And Access Digital Information iii. This Vast Expansion of Copyright Protection Cannot Be Justified Based On The Possibility of Fact-Specific Defenses

Cablevisions Friends’ conclusion “In sum, amici respectfully urge this Court to reject the lower court’s sweeping conclusion that all RAM reproductions – regardless of their duration – are “copies” within the meaning of the Copyright Act. Instead, this Court should hold that transient RAM reproductions – such as the buffer copies that are automatically and necessarily created in Cablevision’s RSDVR system as it processes digital data, and which are destroyed almost immediately after they are created – are not sufficiently fixed to be deemed copies.”

Which state? –CA Which court? –Superior court of LA county What kind of court action do we have here? –Class action suit Issues? –Rootkit Intrudes Opens machines up to bad stuff EFF v. Sony et al.

By including a flawed and overreaching computer program in millions of music CDs sold to the public, Sony BMG has created serious security, privacy and consumer protection problems that have damaged music lovers everywhere. At issue are two software technologies - SunnComm's MediaMax and First4Internet's Extended Copy Protection (also known as XCP) - which Sony BMG claims to have placed on the music CDs to restrict consumer use of the music on the CDs but which in truth do much more, including reporting customer listening of the CDs and installing undisclosed and in some cases hidden files on users' computers that can expose users to malicious attacks by third parties, all without appropriate notice and consent from purchasers. The CDs also condition use of the music on unconscionable licensing terms in the End User Licensing Agreement (EULA ).

EFF v. Sony et al. Outcome: Class action settlement BMG/settlement_faq.phphttp://w2.eff.org/IP/DRM/Sony- BMG/settlement_faq.php

Cunningham v. McMahon Which state? –WV Which court? –Pre-trial magistrate for U.S. District court, southern What kind of court action do we have here? –Lower threshold for getting the case into court. Issues? –Cunningham wants to put DRM on trial –Has tried 15 earlier times –Not swinging with EFF or big lawyer –Sues McMahon, who owns the rights to the theme song purchased through Itunes...the DRM is free play….

Cunningham v. McMahon What happens? –Denied, out, no trial Why? –not enough of a case –insufficient evidence of harm –essentially, asks the court to do the research as to whether the practice violates fair use.The court declines.