Litigation

Explorologist Ltd. is suing Brian Sapient in the Eastern District of Pennsylvania for copyright infringement, commercial disparagement, and appropriation of name or likeness. The suit concerns a YouTube video which Sapient uploaded. Although both Sapient and YouTube’s servers are located in the United States, the copyright infringement claim is based on United Kingdom copyright law, and on a U.K. copyright which Explorologist allegedly holds on eight seconds of footage at the beginning of the video. EFF is handling this and a related case by Sapient against Geller; more information can be found on their case page.

Public Knowledge has signed on to an amicus brief in support of the defendent’s motion for summary judgement.

Summary

A group of film studios and cable channels has sued Cablevision for providing its customers with a remote DVR service, which allows consumers to record and play back TV programs, much like a TiVo. Unlike a TiVo, however, the remote DVR is housed in a centralized location. The movie studios thus argue that Cablevision is violating copyright law when users make recordings, both when the recording is made and when the recorded programs are viewed by the customer.

Docket Number

Southern District Court of New York - 06 CV 3733

Summary

T.B.D.

Briefs

• RIAA Complaint for Declaratory and Injunctive Relief and Damages
• Memorandum of Law in Support of Defendent’s Motion to Dismiss
• CEA / HRCC Amicus Curiae in Support of Defendents

Status

The lawsuits continue, but seem to have little impact on P2P file sharing.

Summary

As a result of the RIAA v. Verizon decision the recording industry is seeking to obtain the identity of alleged copyright infringers using P2P networks via “John Doe” lawsuits. In one such suit, filed against 203 alleged file-traders collectively, a Pennsylvania federal district court ruled that the recording industry had to file 203 separate lawsuits to obtain the file-sharers’ identities.

Status

RIAA applied for cert, and were denied.

Summary

Overturned a district court ruling that the DMCA required Verizon Internet Services to obey a subpoena seeking the identity of a subscriber who allegedly used KaZaA peer-to-peer software to share music online. The Circuit Court ruled that Congress did not intend to subject alleged copyright-infringing material that does not reside on an ISP’s network to the subpoena provisions of the DMCA.

Briefs Filed

• Brief of Amici in Support of Verizon’s Opposition to RIAA’s Motion to Enforce (Aug 30, 2002)