German Court Says RapidShare Not Liable for Users' Actions

By
Mark Hefflinger
-
0

Dusseldorf, Germany – An appeals court in Germany has
ruled that file-hosting service RapidShare cannot be expected to filter the
uploading of copyrighted content by users without restricting "fair
use" laws, NewTeeVee reported.

Several previous lower court rulings had
found the opposite, and ordered the company to proactively block certain
content uploads.

In February, a German court ordered the site to proactively
block the upload of copyrighted textbooks, while in June another German court
ordered the site to proactively block uploads of some 5,000 songs.

The German
appeals court found that "most people utilize RapidShare for legal use
cases," and noted the company does not publish an index or provide a
search function on its service, relying instead on users to choose whether or
not to publicize the URL where they have uploaded content.

German law also
allows copying of media for back-up — as well as sharing between close
acquaintances — meaning a filter placed on RapidShare uploads would prevent
this local "fair use" right.

 

Related Links:
http://newteevee.com/2010/05/03/rapidshare-wins-in-court

http://tinyurl.com/2dxfsqc
(German court ruling)

http://tinyurl.com/25kpl2l
(DMW previous coverage)

http://tinyurl.com/kn5uz6
(DMW previous coverage)

http://www.rapidshare.com

DISH Network to Launch 'TV Everywhere' Website

By
Mark Hefflinger
-
1

Los Angeles
– Satellite TV provider DISH Network (NASD: DISH) plans to launch its own "TV
Everywhere" website as soon as this summer, providing subscribers with
online access to a range of the channels they subscribe to on DISH, Multichannel
News reported.

The service is expected to launch first as an invitation-only
beta, before opening up a bit more during the summer and into September,"
Bruce Eisen, DISH’s vice president of online content development and strategy,
told Multichannel News.

Comcast has already launched a TV Everywhere-type
service, and operators including Time Warner Cable, DirecTV, AT&T and
Verizon have similar plans in the works.

 

Related Links:
http://tinyurl.com/2c9cwsy
(Multichannel News)

http://www.dishnetwork.com/tveverywhere

Report: Apple Facing Possible Probe Into iPhone Software Rules

By
Mark Hefflinger
-
0

New York
– Apple (NASD: AAPL) could face a federal probe into claims its new policy on developing
software for its iPhone and other devices is creating a monopoly in the space,
The New York Post reported, citing an unnamed source.

The source says that the
Justice Dept. and Federal Trade Commission are currently "locked in
negotiations over which of the watchdogs will begin an antitrust inquiry."

Apple recently banned third-party software development tools for its iPhone,
amid a public tiff with Adobe (NASD: ADBE) over its decision to keep the company’s popular
Flash platform off of the iPhone.

Adobe and others have said this constitutes anticompetitive
business practices.

The Post notes that, even if an inquiry is launched, that
does not mean any action would necessarily be taken against Apple.

All Things D
cited one legal expert who questioned whether the iPhone has dominant market
position, and whether a "walled garden" forbidding third-party development
software on the iPhone can be proven to negatively affect competition.

 

Related Links:
http://tinyurl.com/32k6n9y
(N.Y. Post)

http://tinyurl.com/294zprb
(All Things D)

Reports: FTC Staff Urging Agency to Block Google-AdMob Deal

By
Mark Hefflinger
-
0

New York
– Staffers at the U.S. Federal Trade Commission will urge the agency to mount an
antitrust legal challenge to Google’s (NASD:  GOOG) proposed $750 million acquisition of
mobile advertising firm AdMob, according to sourced reports from All Things D
and Bloomberg. "The federal government is looking for a way to discipline
Google in some way, because of larger concerns about its search power on the
Web," a source told All Things D.

"And this is where it looks like it
will try to show that concern."

Rivals including Microsoft, a range of public
interest groups, and even some lawmakers have lodged opposition to the deal and
are encouraging the FTC to step in.

"It feels like AdMob is going to
suffer collateral damage for a bigger fight going on about reining in
Google," another source told All Things D.

The reports indicated the FTC
could act as early as this week or next, filing a request for a preliminary
injunction to halt the deal.

 

Related Links:
http://tinyurl.com/2doaln3
(All Things D)

http://tinyurl.com/29k9pq5
(Bloomberg)

http://www.admob.com

Appeals Court Validates RIAA's "John Doe" P2P Legal Strategy

By
Mark Hefflinger
-
2

New York
– A federal appeals court has validated the legal strategy employed by the
recording industry against suspected file-swappers, where record labels filed
thousands of "John Doe" lawsuits to obtain their identities via
Internet service providers, Wired.com reported.

The 2nd U.S. Circuit Court of
Appeals ruled Thursday against a student at the State University of New York at
Albany, who was
suspected of illegal file-sharing, and sued to block a federal court’s order
that the university disclose his identity to the Recording Industry Association
of America (RIAA).

"To the extent that anonymity is used to mask copyright
infringement or to facilitate such infringement by other persons, it is
unprotected by the First Amendment," the court wrote in its ruling.

The court
further stated that copyright holders are obliged to learn the identity of a
suspected file-swapper even if he or she contends making "fair use"
of the content in question.

The RIAA announced in December 2008 that it would end its litigation campaign against individual file-swappers using the "John Doe" filing strategy, after suing some 35,000 consumers.

 

Related Links:
http://www.wired.com/threatlevel/2010/04/unmasking-copyright-scofflaws

"Iron Man 2" Leaks to The Pirate Bay Before U.S. Release

By
Mark Hefflinger
-
2

Los Angeles
– "Iron Man 2," the film sequel from Viacom’s (NYSE: VIA) Paramount Pictures
based on the Marvel comic franchise, found its way onto file-sharing hub The
Pirate Bay this weekend, a week before the film’s North American release, CNET
News.com reported.

The film grossed more than $100 million in its premiere this
weekend overseas, where apparently several theatergoers camcorded the film and
uploaded copies to The Pirate Bay.

"This sort of theft is intensely
disrespectful and damaging to those who pour their creativity and capital into
movies and television," a Viacom spokesman told CNET. "It is time
responsible governments put an end to it."

"Iron Man 2" opens in
U.S.
theaters on Friday.

 

Related Links:
http://news.cnet.com/8301-31001_3-20003952-261.html

http://tinyurl.com/27462oj
(Reuters)

Movie Gallery to Shutter Remaining Hollywood Video Stores

By
Mark Hefflinger
-
1

New York
– Movie Gallery, the operator of struggling home video rental store chain
Hollywood Video, will close its remaining stores that have not been shuttered
already over the next couple of months, The Wall Street Journal reported,
citing people familiar with the matter.

The company, which filed for bankruptcy
in February with $600 million in debt, had already begun the process of closing
more than half of its 2,415 U.S.
stores; The Journal notes that it’s unclear whether the company’s 184 stores in
Canada
would be closed.

Movie Gallery acquired Hollywood Entertainment in 2005,
becoming the second-largest video rental chain behind Blockbuster (NYSE: BBI).

Some of
Movie Gallery’s store locations may still be acquired by strategic operators,
sources told The Journal.

 

Related Links:
http://tinyurl.com/2ajhtd6
(WSJ)

http://www.moviegallery.com

http://www.hollywoodvideo.com

Apple Sells 1 Millionth iPad, Just 28 Days After Release

By
Mark Hefflinger
-
0

Cupertino,
Calif. – Just 28 days after
introducing its touch-screen tablet computer, Apple (NASD:  AAPL) said that it sold its 1
millionth iPad on Friday. By comparison, it took the company 74 days to sell
that many iPhones.

"Demand continues to exceed supply and we’re working
hard to get this magical product into the hands of even more customers,"
said Apple CEO Steve Jobs.

Since the iPad’s introduction on April 3, users of
the device have downloaded more than 12 million apps and 1.5 million e-books.

 

Related Links:
http://www.apple.com/pr/library/2010/05/03ipad.html

Google Acquires 3D Desktop Software Firm BumpTop

By
Mark Hefflinger
-
0

Mountain View,
Calif. – Google (NASD: GOOG) has acquired Toronto-based
BumpTop, a developer of 3D desktop software, according to a note on the BumpTop
website.

While financial terms of the transaction were not disclosed,
TechCrunch peged the purchase price at between $25 million and $35 million.

The
three-year-old company said that its personalized desktop interface product for
both Windows and Mac will no longer be available for sale, and that no further
product updates are planned — although it will continue to provide a download
of the free version of its software for the next week.

JumpTop had raised $1.65
million in seed financing.

 

Related Links:
http://tinyurl.com/29yqzlj
(TechCrunch)

http://bumptop.com

Microsoft Shelves "Courier" Tablet PC Project

By
Mark Hefflinger
-
0

Redmond,
Wash. – Microsoft (NASD: MSFT) has shelved
development of a dual-screen tablet computer, codenamed "Courier,"
that was aiming for the e-book reader market, The Wall Street Journal reported.
The company didn’t give a reason for the move, but notified the development
team last week. "It will be evaluated for use in future offerings, but we
have no plans to build such a device at this time," Microsoft spokesman
Frank Shaw told The Journal.


 

Related Links:
http://snipurl.com/vwjuk
(WSJ)

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