A jailbreak in Europe

The European Court of Justice this week ruled that the law's protection of DRM against circumvention does not apply where the DRM has the effect of blocking commercially legitimate uses along with illegitimate ones if a less restrictive alternative is available…

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Dishing it out to Fox

Nobody brings a lawsuit expecting to lose, of course, but the net result of the networks' repeated legal defeats against Dish, Aereo, Cablevision and other service providers is to put in place a growing body of case law expanding consumers' rights to time-shift, place-shift and format-shift TV content.…

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Defending the Apple way

The crux of the government's case against Apple is that it acted as the "ringmaster" of a conspiracy among the publishers to raise the price of ebooks above what Amazon was selling them for. But what the government calls a conspiracy in restraint of trade, Apple calls standard operating procedure for entering a concentrated media market.…

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Aereo case turns ugly

It may be that the broadcasters' threats to sue Aereo in multiple jurisdictions is just bluster. But it's also a sign of how thoroughly boxed in they feel by the result in New York.…

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Court in Aereo case blesses Sling

The Dish case is playing out in a different federal circuit from the Aereo case, so the opinion by the Second Circuit is neither binding nor dispositive in the Dish case. But the Aereo majority's seemingly blithe acceptance of Sling's legality can't have been welcome to Fox.…

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First sale’s big fail

In a nutshell, the court found that any transfer of a digital file from one hard drive or storage device to another inescapably involves making a new copy of the file on the second device. Since that copy is not made under license, it is not a "lawfully made" as required by the first sale doctrine.…

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Aggregation aggravation

A federal district court in New York last week handed publishers a major victory in a lawsuit brought by the Associated Press against online clipping service Meltwater News. In an unusually sweeping ruling, Judge Denise Cote held that not all uses of copyrighted content in search results automatically qualify as fair use.…

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Patent trolls are about to invade the cloud

Huge and expensive patent battles aren't going away anytime soon-- in fact, they're likely to continue to pick up steam this year. Efrat Kasznik, of Foresight Valuation Group, lays out some of the intellectual property battlegrounds of tomorrow.…

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