Tag - DMCA
The argument between Universal Music Group and Megaupload over a YouTube-hosted music video from earlier this week has raised some new issues. UMG now claims that it had the right to take down the video from YouTube not under the DMCA but rather thanks to a private contract with YouTube, Ars Technica revealed on Friday. If this holds up, it could bring a dangerous precedent, as the deal would effectively get around the DMCA's abuse protection.
Universal drew fire Wednesday after it appeared to be misusing the Digital Millennium Copyright Act to silence news of MegaUpload. The movie and TV studio had YouTube pull down an episode of TWiT's Tech News Today on Monday for including two clips of MegaUpload's celebrity-laden song endorsing its file transfer service. Show co-host Tom Merritt had the show back up after a dispute, but Universal issued a DMCA request on Tuesday and will manage to keep it down for at least 10 days following a counter-dispute from Merritt through YouTube.
Viacom on Tuesday tried to have a New York City Second Court of Appeals overturn a dismissal of its YouTube lawsuit. The media giant didn't believe that the basic principles of safe harbor applied to Google's video site and that it should be held liable for any illegally copied video that reaches YouTube, no matter how difficult it was to detect. Attorney Paul Smith portrayed the upheld ruling as having disastrous consequences for the entire media industry, as it would lead to "vast exploitation" of content online.
MP3tunes has lost a copyright infringement lawsuit originally filed by EMI, however the judge tossed many of the record label's DMCA claims that were viewed as a threat to other music locker services. Judge William Pauley agreed that MP3tunes violated EMI copyrights by failing to remove pirated tracks from its customers' music lockers after pulling the same listings from Sideload.com, a music search engine that operated alongside the locker service.
Sony in a court filing (below) said that George Hotz, Geohot, had left the country and tampered with evidence to prevent evidence gathering in its lawsuit against PS3 jailbreakers. The well-known code modifier allegedly not only removed parts from the hard drives demanded as evidence to make them inoperable but, according to Hotz' attorney, left for South America to prevent Sony from getting them in a timely way. The move raised "very serious questions," Sony said, without going so far as to suggest he had fled.
The US government is attempting to bring a renamed version of the Digital Millennium Copyright Act (DMCA) that aims to fight piracy to countries such as Australia, Brunei, Chile, Singapore, Malaysia, and Vietnam. Called the Trans-Pacific Partnership (TPP), its intellectual property content is drafted by the US. It follows the DMCA's laws regarding digital locks, ISP liability and subscriber disconnections, but adds a number of its own rules.
Sony's 3.56 update for the PS3 has already been jailbroken on a basic level. In an update, Youness Alaoui said he had successfully unpacked the new firmware, making it possible to modify the code and get at its signing keys. Sony attempted to take down a public posting of the code with a DMCA request but has since been thwarted with a follow-up posting; the company is unlikely to fully stop access.
Sony on Tuesday quietly accompanied its restraining order attempting to silence the discoveries of permanent PS3 jailbreaks by filing a lawsuit against its discoverers. Both the Fail0verflow team and George Hotz, better known as original iPhone unlocker Geohot, were accused of violating the Digital Millennium Copyright Act's rules against bypassing locks. It further accused the two of contributing to copyright infringement and breaking both the Computer Fraud and Abuse Act as well as California's Computer Crime Law.
Apple tonight made clear its stance on the Library of Congress' decision to legally sanction jailbreaking under the DMCA. The company didn't contest the legality itself but said it would still break the warranty by going beyond what Apple can support. It also stressed that it saw the experience as hurting the experience for some by taking away the speed and reliability they may have expected.
A new court ruling on Friday could set a legal precedent that allows bypassing digital rights management (DRM) for fair use purposes. New Orleans circuit Judge Emilio Garza found that GE hadn't violated the Digital Millennium Copyright Act by using hacked security dongles to repair uninterruptible power supplies from MGE UPS Systems as the goal itself was legal. While a jury fined GE $4.6 million for breaking copyright and misusing trade secrets, Judge Garza determined the DMCA hadn't been broken, as using hacked items by itself didn't constitute violating protection at the same time.
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Cirrus creates Lightning-headphone dev kit
Apple supplier Cirrus Logic has introduced a MFi-compliant new development kit for companies interested in using Cirrus' chips to create Lightning-based headphones, which -- regardless of whether rumors about Apple dropping the analog headphone jack in its iPhone this fall -- can offer advantages to music-loving iOS device users. The kit mentions some of the advantages of an all-digital headset or headphone connector, including higher-bitrate support, a more customizable experience, and support for power and data transfer into headphone hardware. Several companies already make Lightning headphones, and Apple has supported the concept since June 2014. http://bit.ly/29giiZj
Apple Store app offers Procreate Pocket
The Apple Store app for iPhone, which periodically rewards users with free app gifts, is now offering the iPhone "Pocket" version of drawing app Procreate for those who have the free Apple Store app until July 28. Users who have redeemed the offer by navigating to the "Stores" tab of the app and swiping past the "iPhone Upgrade Program" banner to the "Procreate" banner have noted that only the limited Pocket (iPhone) version of the app is available free, even if the Apple Store app is installed and the offer redeemed on an iPad. The Pocket version currently sells for $3 on the iOS App Store. [32.4MB]
Porsche adds CarPlay to 2017 Panamera
Porsche has added a fifth model of vehicle to its CarPlay-supported lineup, announcing that the 2017 Panamera -- which will arrive in the US in January -- will include Apple's infotainment technology, and be seen on a giant 12.3-inch touchscreen as part of an all-new Porsche Communication Management system. The luxury sedan starts at $99,900 for the 4S model, and scales up to the Panamera Turbo, which sells for $146,900. Other vehicles that currently support CarPlay include the 2016 911 and the 2017 models of Macan, 718 Boxster, and 718 Cayman. The company did not mention support for Google's corresponding Android Auto in its announcement. http://bit.ly/295ZQ94
Apple employees testing wheelchair features
New features included in the forthcoming watchOS 3 are being tested by Apple retail store employees, including a new activity-tracking feature that has been designed with wheelchair users in mind. The move is slightly unusual in that, while retail employees have previously been used to test pre-release versions of OS X and iOS, this marks the first time they've been included in the otherwise developer-only watchOS betas. The company is said to have gone to great lengths to modify the activity tracker for wheelchair users, including changing the "time to stand" notification to "time to roll" and including two wheelchair-centric workout apps. http://bit.ly/2955JDa
SanDisk reveals two 256GB microSDXC cards
SanDisk has introduced two 256GB microSDXC cards. Arriving in August for $150, the Ultra microSDXC UHS-I Premium Edition card offers transfer speeds of up to 95MB/s for reading data. The Extreme microSDXC UHS-I card can read at a fast 100MB/s and write at up to 90MB/s, and will be shipping sometime in the fourth quarter for $200. http://bit.ly/294Q1If
Apple's third-quarter results due July 26
Apple has advised it will be issuing its third-quarter results on July 26, with a conference call to answer investor and analyst queries about the earnings set to take place later that day. The stream of the call will go live at 2pm PT (5pm ET) via Apple's investor site, with the results themselves expected to be released roughly 30 minutes before the call commences. Apple's guidance for the quarter put revenue at between $41 billion and $43 billion. http://apple.co/1oi1Pbm
Twitter stickers slowly roll out to users
Twitter has introduced "stickers," allowing users to add extra graphical elements to their photos before uploading them to the micro-blogging service. A library of hundreds of accessories, props, and emoji will be available to use as stickers, which can be resized, rotated, and placed anywhere on the photograph. Images with stickers will also become searchable with viewers able to select a sticker to see how others use the same graphic in their own posts. Twitter advises stickers will be rolling out to users over the next few weeks, and will work on both the mobile apps and through the browser. http://bit.ly/29bbwUE