Friday, September 21, 2012
Thursday, September 20, 2012
Eldar Haber, Tel Aviv University, Buchmann Faculty of Law, has published Copyrights in the Stream: The Battle on Webcasting, at 28 Santa Clara Computer & High Tech. L.J. 769 (2012). Here is the abstract.
The Internet threatens many right holders who consistently battle against technologies that enable people to use their copyrighted materials without their consent. While copyright holders have succeeded in some cases, their main battle against peer-to-peer (P2P) file-sharing has yet to be resolved. Another technology that threatens right holders’ business models, especially in the film industry, is the distribution of their content freely via webcasting. Although right holders have paid little attention to webcasting as they continue their campaign against P2P file-sharing, it poses similar threats and presents the likely possibility of a future copyright battle. This article examines copyright and webcasting. I analyze webcasting in comparison to past and current wars on copyright, trying to unveil major differences between the two. I argue that the current U.S. copyright régime treats webcasting inadequately and should be reexamined, especially vis-à-vis end-user’s actions since courts have yet to review cache copies created during Internet transmissions. I opine that future legal solutions proposed to handle webcasting, much like past attempts in similar matters, will be futile since technology will continue to evolve at a faster rate than legislation. Finally, I argue that the best solution to the current, as well as future, legal battles to protect copyrights should be the creation of a new business model similar to that of a levy system.
Download the article from SSRN at the link.
From the Hollywood Reporter: NewsCorp will continue to hold a broadcast license, Ofcom has ruled. NewsCorp has issued a statement indicating it is "pleased" by the decision. However, the agency found James Murdoch's behavior as a company director "difficult to comprehend and ill-judged. In respect of the matters set out above, in our view, James Murdoch’s conduct in relation to events at NGN repeatedly fell short of the exercise of responsibility to be expected of him as CEO and chairman."
More reporting from The Guardian.
Tuesday, September 18, 2012
A French court has granted the Duke and Duchess of Cambridge that sought-after injunction against the French magazine Closer; the magazine published photographs of the Duchess without her bathing suit-top while she was enjoying the sun at a relative's home in southern France. The injunction applies only to France but does order the mag to hand over the original pix and forbids it to publish the photos that have already appeared. More here from the BBC.
However, other European magazines have already reprinted the pictures, including Chi, the Italian publication owned by former PM Silvio Berlusconi.