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.
MP3tunes: A Victory for Music Lockers Is Good News for Music Fans
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.
A new report from the US Copyright Office on Section 1201 of the Digital Millennium Copyright Act — a controversial law that bans breaking DRM, even for legitimate purposes — calls for sweeping, welcome changes to the DMCA.
Did you buy a useless $400 “smart” juicer and now feel the need to accessorize it with more extrusions from the Internet of Shit timeline? Then The Leaf from Teaforia is just the thing: it’s a tea-maker that uses DRM-locked tea-pods to brew tea in your kitchen so you don’t have to endure the hassle […]
Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called “Oh, The Places You’ll Boldly Go,” whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.
Although flagship smartphones are unlikely to adopt heavy-duty outer casing anytime soon, you can always prepare your device for the outdoors with a beefy case and and an external battery like this Nomad Tile Trackable PowerPack, available in the Boing Boing Store for $119.95.The Nomad Tile can fully recharge an iPhone 7 over three times […]
Even though credit cards now feature an EMV chip for securing transactions, they still have to include the magnetic strip for compatibility with older point of sale systems. Because of this, there’s no way for the chip’s new security capabilities to protect against card skimmers in the wild.How do you protect yourself from legacy-technology-induced fraud? […]
As the old saying goes, “You should sit in meditation for 30 minutes every day. Unless you are too busy, in which case you should meditate for an hour.” Since most of us have an endless list of things to do and people to see, carving out quiet time can feel impossible, especially when most […]