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.
The good people at Fight for the Future established OPERATION COMCASTROTURF to help you figure out if your stolen identity was used to file fake anti-net-neutrality comments with the FCC, but Comcast wants them shut down, and it’s prepared to commit barratry to get its way.
Every Ozimal digirabbit in the venerable virtual world Second Life will starve to death (well, permanent hibernation) this week because a legal threat has shut down their food-server, and the virtual pets are designed so that they can only eat DRM-locked food, so the official food server’s shutdown has doomed them all.
Netflix has become one of the main forces for DRM in the world, a driver behind the W3C’s dangerous, web-scale DRM project, and now they’ve announced that their app will no longer run on rooted/bootloader unlocked Android devices, because these devices can run code that overrides Google Widevine DRM (Widevine doesn’t work well under the […]
The Ticwatch 2 Active Smartwatch is a simpler take on an active wearable that raised over $2m dollars on Kickstarter and is currently offered in the Boing Boing Store.Somewhere in between the single-day battery life and platform-specificity of the Apple Watch and Android Wear devices, there exists the Ticwatch. Instead of trying to shoehorn another […]
Loot Crate is a subscription service that delivers a box of curated pop culture goods to your doorstep. To sample their geeky wares, you can order a single mystery box exclusively from the Boing Boing Store.Each month Loot Crate sends you 6-7 unique items and apparel, including collectibles, books, and t-shirts. Pulling inspiration from all […]
Yes, yes there is. The ultraportable Twisty Glass Mini boasts all of the simplicity of its forebear, while fitting just a little bit better in your pocket.The Mini is perfect for casual smokers, and anyone who doesn’t have the patience or fine motor skill for rolling papers. This piece keeps the convenient design of its older […]