The Electronic Frontier Foundation's Julie Samuels posts analysis of yesterday's verdict in Capitol Records vs. MP3tunes, in which the big record labels were suing MP3tunes. The labels argued that MP3tunes wasn't eligible for the DMCA's "safe harbor" protection, and should have a duty to check all the files that users added to their lockers to make sure they didn't infringe copyright. The court disagreed.
But it appears that all of this worry and extra work may have been in vain. Just yesterday, a court found that an early music locker service, MP3tunes, which uses a de-duplicating process, “is precisely the type of system routinely protected by the DMCA safe harbor(s).” This outcome represents an understanding of copyright law more in line with how technology actually works, and avoids an absurd result where a music locker needs to waste server space by storing thousands of copies of identical files. This means more efficient music locker services, which is good news for music fans and for companies coming up with new and better ways to give those fans access to music they already own.
The opinion in the Capitol Records vs. MP3tunes case contained other good news (EFF filed an amicus brief in this case earlier this year). For example, the court made clear that the music locker service—whether it de-dupes or not—is like any online service provider (OSP) and, therefore, is entitled to the DMCA safe harbor protections as long as it complies with other DMCA requirements.
Robert Croucher owns Hatton & Berkeley, a firm that sent “speculative invoices” to people it accused of illegally downloading the Robert Redford movie “The Company You Keep” — letters so egregious that Lord Lucas described the company as “scammers” and the letters as “extortion,” urging Britons to “put them in the bin.”
The World Wide Web Consortium has embarked upon an ill-advised project to standardize Digital Rights Management (DRM) for video at the behest of companies like Netflix; in so doing, they are, for the first time, making a standard whose implementations will be covered under anti-circumvention laws like Section 1201 of the DMCA, which makes it […]
If you own a dog, you’ve most likely heard of BarkBox – the monthly subscription box for dogs. What started as a simple idea to try out the subscription model on pet owners has since developed a cult following of dog lovers. If you haven’t given it a try yet, this one month free deal is the […]
With the iPhone headphone jack having gone by the wayside, we’re excited about the addition of the FRANKLIN Bluetooth Headphones in our store. These headphones are foldable so they’re easy to carry around, but most importantly, they pack impressive sound. Our biggest struggle with Bluetooth headphones is the worry of them dying at the worst moment. This pair lasts an impressive 8-10 […]
Evan Kimbrell, founder of the digital agency Sprintkick, recently released a series of online courses that feature some of the best advice we’ve come across. These courses are well worth your time, and will save you from making many typical mistakes down the line if you ever want to start your own business.With this Business […]