Saturday, August 13, 2016

Major copyright case involving third party surveillance increases the risk of more trolls (BMG v. Cox and Rightscorp); also, more on Dancing Baby

Electronic Frontier Foundation reports that it has asked the Supreme Court to take the “Dancing Baby” case, in litigation which contemplates whether copyright complainants must consider Fair Use before issuing takedown notices under the DMCA, press release here (see July 6, 2015).

But Brian Fung, in a posting on his “Switch” blog on the Washington Post, “The copyright case that should worry all Internet providers”  Saturday.  This concerns a case brought against Cox Communications by music group BMG (which I think owns RCA Victor records now – the entire Red Seal classical line from the past). Cox had used a third party Rightscorp  to pass along warnings to users. The plaintiffs claimed that the third party activity did not reach consumers.  A federal judge found for the plaintiff ($25 million).  Of course, it will be appealed (text of ruling)

This sounds like a developing story that I will pursue more on a newer Wordpress blog soon.  There is concern that the ruling could tempt new “copyright trolls” (remember Righthaven? -- although this wave would target service providers, not bloggers directly).

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