Linking

Debugging Legislation: PROTECT IP

There's more than a hint of theatrics in the draft PROTECT IP bill (pdf, via dontcensortheinternet ) that has emerged as son-of-COICA, starting with the ungainly acronym of a name. Given its roots in the entertainment industry, that low drama comes as no surprise. Each section name is worse than the last: "Eliminating the Financial Incentive to Steal Intellectual Property Online" (Sec. 4) gives way to "Voluntary action for Taking Action Against Websites Stealing American Intellectual Property" (Sec. 5).

Techdirt gives a good overview of the bill, so I'll just pick some details:

  • Infringing activities. In defining "infringing activities," the draft explicitly includes circumvention devices ("offering goods or services in violation of section 1201 of title 17"), as well as copyright infringement and trademark counterfeiting. Yet that definition also brackets the possibility of "no [substantial/significant] use other than ...." Substantial could incorporate the "merely capable of substantial non-infringing use" test of Betamax.
  • Blocking non-domestic sites. Sec. 3 gives the Attorney General a right of action over "nondomestic domain names", including the right to demand remedies from (A) domain name system server operators, (B) financial transaction providers, (C), Internet advertising services, and (D) "an interactive computer service (def. from 230(f)) shall take technically feasible and reasonable measures ... to remove or disable access to the Internet site associated with the domain name set forth in the order, or a hypertext link to such Internet site."

Subject Area: 

Jurisdiction: 

AP Tells Google and Other News Aggregators to Pay Up or Face Lawsuits

The Associated Press has announced that it is willing to fight over the question of who owns the content its member newspapers produce, even if it means no longer playing nice with the giants of the Web like Google.

Subject Area: 

Preliminary Thoughts on GateHouse Media v. New York Times Company

Like a storm coming over the horizon, the recent lawsuit filed by GateHouse Media against the New York Times Company, which operates Boston.com, has thrown the CMLP into disarray just as we were preparing to depart to warmer climes for the holidays.

Subject Area: 

Jurisdiction: 

GateHouse v NY Times Co.: Not So Simple After All

One of the most intriguing current media legal cases pits GateHouse Media, which owns a pile of newspapers in New England (and elsewhere) against the New York Times Co., owner of the Boston Globe and Boston.com. I’ve been looking at this from both sides’ perspectives, and this is not as simple as it looks on first glance.

Subject Area: 

Jurisdiction: 

Jurisdiction: