Posts Tagged ‘copyright’

Ireland: 3 Strikes and out is just not good enough.

Published by calhoun on October 14th, 2010 - in Internet, News, Technology

Scales of JusticeThe UK Parliament chaired by the dark Lord Mandelson forced through the Digital Economy Bill  designed to give the music industry severe power over the Internet has today received a major blow to the credibility of the act. A Judge at a High Court in Ireland has ruled that the 3 strikes rule just is not good enough.

One ISP, UPC stood defiant of the Irish Recorded Music Association (IRMA) by refusing to cooperate with the 3-strikes agreement which IRMA had negotiated with the largest ISP. The deal meant that the IRMA had to achieve cooperation with all ISPS in order for it to be valid. They stood by their customers, and they were brought to court over it.

Mr Justice Peter Charleton ruled that an injunction against UPC is not possible as Ireland does not have a legal framework to support it and more importantly that it contravines European Law.

References
Softpedia

ISPs angry at having to foot the bill of legal action against their customers

Published by calhoun on September 15th, 2010 - in Technology

Download Bar Once again the digital economy bill is rearing its ugly head. This time, ISPs are facing the ugly prospect of on behalf of rights holders.

Quite why an ISP should be forced to pay for some one else to take legal action against their own customers is beyond me. The government should voluntarily provide the money to pay for these actions – it was their fault this bill past after all. Whilst they are at it , they could save money by not doing it and scrapping the Digital Economy Bill instead.

The rights holders are the ones whom lobbied parliament to bring this into action. Surely when all other plaintiffs of the courts have to fund their own activities in the legal system they should bear the brunt of the draconian tactics.

Consumers can appeal against any threats made by the rights holders via the isp at no cost. For now at least, when there begins to be “too many” claims under the scheme the government will step in and start making profit on the defense claims. Shame on parliament!

Sebastien Lahtinen, co-founder of thinkbroadband.com has concerns over the technical knowledge needed to mount a legal defense against the claims of downloads. The standard of proof should be set that the Right holder must prove beyond a reasonable doubt that the defendant sat in front of his computer and deliberately downloaded the alleged content. Thus the legal defense would be “proof I used the computer” which may not be easy to achieve.

References
PCPro

Pirate Party lawsuit lead to increased piracy

Published by calhoun on August 15th, 2010 - in Internet, Technology

You will likely remember one of the first major legal case brought against Pirate bay in Sweden. The court ruled against the site. Yet even today the sie is still running stronger than ever.Both parties have appealed the case

The media coverage of the case however likely to the disappointment of the recording industry as a whole, lead to a greater usage of the site. Both of the parties are confident of winning the appeal case which is expected later this year. Other events since the case is the formation of Sweden’s fourth largest political party, Pirate Party

iTV to see Apple in Court

Published by calhoun on August 14th, 2010 - in Technology

With all the lawsuits being carried on, its a wonder tech companies get any work done. Apple is suing HTC, Oracle is suing Google. Microsoft is probably still fighting the various lawsuits in multiple appeals around the world. Now its time for the ITV, the British Broadcaster  to join the team.

ITV is suing Apple

Apple wants to relaunch the Apple TV product to iTV in line with the rest of their i based products (iPhone, iPad, iPod). ITV however has the rights to this brand name here in the UK and not surprisingly, they are not approving of the use of the brand.

It is early stages as of yet ITV hasn’t actually set the legal process in motion but are speaking with lawyers to consider their options both at home and abroad.

References
The Mirror

Oracle and Apple gang up on Google

Published by calhoun on August 13th, 2010 - in Technology

Android: Google vs OracleMany of us may remember there was a lawsuit filed against Microsoft by Sun over Microsoft’s inclusion and distribution of the Java Run time in its operating systems. In essence, Microsoft was voluntarily offering a Sun product to its customers at no cost to Sun or the end user.

The problem with this was that Sun felt its intellectual property rites that of the Java language were being infringed leading to the legal action against Microsoft. I’ve never understood why, a piece of software that is openly downloadable at no charge should be the subject of a legal battle between the two corporate entities, especially when there are so many other things they can fight over.

Now Its Google’s turn.

Oracle in their acquisition of Sun has taken possession of the Intellectual Property Rights of Java and many other Sun related brands in the process. Google has of course not been licensed for use of this technology and are distributing it at no cost to Oracle, essentially free advertising and customers.

This is not enough for Oracle whom have filed a lawsuit against Google for seven patent infringements in relation to Java in the increasingly popular android operating system. These kinds of legal challenges benefit no one as google will undoubtedly fight it at cost, and Oracle will put up the cost of chasing after this.

With Java being freely available albeit with the threat of Oracle suing for using it, it is quite a surprise that it has managed to flourish as a programming language. Many developers will want to provide an out of the box installation of their product which legal action like this could make it increasingly difficult to support Java as a legitimate programming language for the future.

Incidentally, Sun actually decided to release the Java Code under the GPL I would not be surprised if Oracle has not updated this since the acquisition and therefore Java is still GPL code and this would certainly infringe on Oracles plan to cause terror and fear in the hearts of Android based manufacturers.

In related news, Apple is suing HTC for infringement of 20 patents in the iPhone4  the big shiny toy that doesn’t really work. Perhaps apple should go back to the drawing board on that one as going by the information we’ve seen HTC’s phones actually work. Could this be an underhanded attack on google by Oracle and Apple?

References
The Register
Mashable
Free Software Foundation
enGadget

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