11638874
submission
roju writes:
The full text of the Anti-Counterfeiting Trade Agreement (ACTA) was released today. It differs from the earlier leaks in that the negotiating stances of each country has been scrubbed. Preliminary analysis is up at ars, who warn that "Several sections of the ACTA draft show that rightsholders can obtain an injunction just by showing that infringement is "imminent," even if it hasn't happened yet."
9820740
submission
roju writes:
Cory Doctorow is reporting on a leaked copy of the "internet enforcement" portion of the Anti-Counterfeiting Trade Agreement (ACTA). He describes it as reading like a "DMCA-plus" with provisions for third-party liability, digital locks, and "a duty to technology firms to shut down infringement where they have 'actual knowledge' that such is taking place." For example, this could mean legal responsibility shifting to Apple for customers copying mp3s onto their iPods.
8050118
submission
roju writes:
The MPAA has won a summary judgment against torrent indexing site isoHunt for inducing copyright infringement. Michael Geist notes that "[t]he judge ruled that the isoHunt case is little different from other U.S. cases such as Napster and Grokster, therefore concluding that there is no need to proceed to a full trial and granting Columbia Pictures request for summary judgment." Attorney Ben Sheffner, who worked on the case for Fox, explains some of the implications, noting that "the most significant ruling in the opinion was the court's holding that the DMCA's safe harbors are simply not available where inducement has been established." This case could have implications on other indexing sites, and creates a gap in the DMCA safe harbor provisions that could have far-reaching implications on other sites.
8018726
submission
roju writes:
The Globe and Mail reports that the Canadian Supreme Court created a new defence against claims of defamation allowing for reporting in the public interest. They specifically included bloggers as eligible, writing:the traditional media are rapidly being complemented by new ways of communicating on matters of public interest, many of them online, which do not involve journalists. These new disseminators of news and information should, absent good reasons for exclusion, be subject to the same laws as established media outlets.
and
A review of recent defamation case law suggests that many actions now concern blog postings and other online media which are potentially both more ephemeral and more ubiquitous than traditional print media. While established journalistic standards provide a useful guide by which to evaluate the conduct of journalists and non-journalists alike, the applicable standards will necessarily evolve to keep pace with the norms of new communications media. For this reason, it is more accurate to refer to the new defence as responsible communication on matters of public interest.
