APPLE VS. QUALCOMM: EVERYTHING YOU NEED TO KNOW; Digital Trends, June 20, 2017

Christian de Looper, Digital Trends, APPLE VS. QUALCOMM: EVERYTHING YOU NEED TO KNOW

"Update: We revised this post to reflect the content of Apple’s amended court filings, which allege that Qualcomm’s licensing practices are “illegal” and push back against Qualcomm’s counterclaims. 

Apple and Qualcomm are engaged in what will likely be a yearslong and epic battle. Following news that Qualcomm had been charging heightened royalties for use of its tech, as well as reports indicating Qualcomm required Apple to pay a percentage of the iPhone’s revenue in return for the use of Qualcomm patents, Apple has sued the company in three countries.

In the United States, Apple is suing Qualcomm for a hefty $1 billion — but it has also filed a lawsuit in China for $145 million, as well as in the United Kingdom. Now, Qualcomm is following with its own countersuit (but losing quite a bit of money).

Here’s everything you need to know about the lawsuit battle so far."

Lessig dispute shows value of ‘fair use’ of copyrighted songs; Boston Globe, 9/16/13

Editorial, Boston Globe; Lessig dispute shows value of ‘fair use’ of copyrighted songs: "...Liberation Music, spotting the “Lisztomania” samples in Lessig’s lecture, told YouTube to take down the video in late June. The company later caved in. Lessig, aided by the Electronic Frontier Foundation, still plans to fight the takedown in US District Court in Boston, where Liberation Music had filed a complaint. He and the foundation plan to sue for damages incurred by the video going offline. It’s doubtful there’s much money involved, but Lessig’s tough stance puts copyright holders on notice that they have to consider fair use before trying to force material off the Internet. These questions will only get more complicated, as amateur users express their enthusiasm for songs by posting unauthorized remixes and videos on the Internet — and as the spontaneous sharing of materials through YouTube and social media becomes the primary way in which musicians and others find new audiences. What’s needed is a system that recognizes a copyright holder’s general ability to control material it owns — without chilling legitimate forms of expression."

Sarah Palin's Super PAC Sued For Copyright Infringement Over Use Of 9/11 Photo; AP via HuffingtonPost.com, 9/13/13

AP via HuffingtonPost.com; Sarah Palin's Super PAC Sued For Copyright Infringement Over Use Of 9/11 Photo: "A New Jersey-based newspaper publisher is suing Sarah Palin and her political action committee for copyright infringement over the use of an iconic Sept. 11 photograph. A lawsuit filed Friday in Manhattan federal court by North Jersey Media Group Inc. says Palin's SarahPAC posted a copy of the photo on its website and Facebook page without permission."

Thinly Veiled: Lawsuit Over Steamy Rihanna Video Sparks Debate On Copycat Culture; NPR, 2/17/11

[Podcast] Zoe Chace, NPR; Thinly Veiled: Lawsuit Over Steamy Rihanna Video Sparks Debate On Copycat Culture:

"Fashion photographer David LaChapelle is known for staging photo shoots with lots of bright colors, outrageous costumes, and sexy, surreal images. The video for Rihanna's new single, "S&M," has all three — and it looked so familiar to LaChapelle that he's filed a million dollar lawsuit against the singer, her record label, the video's director and production company for copyright infringement."

Coldplay Refutes Plagiarism Claim, Disses Satriani in Court, Yahoo News, 4/7/09

Yahoo News: Coldplay Refutes Plagiarism Claim, Disses Satriani in Court:

"In court papers filed in Los Angeles Monday, Coldplay responded to Satriani's copyright-infringement claim, saying the 52-year-old guitarist's song "lacks originality" and therefore was in no position to receive copyright protection.

Furthermore, the British rockers' attorneys claimed that any similarity was so minimal that it did not warrant the legal action.

Back in December, Satriani claimed the group, who incidentally won the Grammy for Song of the Year for the in-question tune, had repurposed "substantial" portions of his song for their hit."

http://news.yahoo.com/s/eonline/20090407/en_music_eo/108054

Shepard Fairey: Inspiration Or Infringement?, Fresh Air with Terry Gross, 2/26/09

Via Fresh Air with Terry Gross: Podcast [25 min. 34 sec.] and Show Summary for "Shepard Fairey: Inspiration Or Infringement?":

"The Associated Press has threatened to sue the artist who created the iconic "Hope" poster of Barack Obama for copyright infringement, but Shepard Fairey says his work is protected under the principle of "Fair Use," which exempts artists and others from some copyright restrictions, under certain circumstances.

Fairey based his poster on an April 2006 photo of Obama taken by AP photographer Mannie Garcia."

http://www.npr.org/templates/story/story.php?storyId=101182453

Pirate Bay Trial Begins With Theatrics, Wall Street Journal, 2/17/09

Via Wall Street Journal: Pirate Bay Trial Begins With Theatrics:

"At the helm of The Pirate Bay are the site’s rebellious founders, Gottfrid Svartholm Warg, Peter Sunde, and Fredrik Neij, along with the company’s financial backer, Carl Lundstrom. All four men staunchly claim their innocence and argue that the site, which launched back in 2003 and has since garnered 22 million users, merely serves as a search engine that uses bit torrent technology to direct users to copyrighted material without actually hosting it.

And as one of the Web’s most popular file-sharing sites, The Pirate Bay founders have a storied and eccentric following behind them–the company was formed based on the ideals of Piratbyrån, a Swedish anti-copyright organization, and now has the backing of a political group called the Pirate Partythat was created in the Web site’s honor.

The trial looks to be a litmus test of sorts for other file-sharing sites under the gun for copyright infringement issues, with big ticket names such as MGM Pictures and Sony BMG as plaintiffs and bigwigs from the Motion Picture Association of America snarling that “the operators of the Pirate Bay and others like them are criminals who profit handsomely by facilitating the distribution of millions of copyrighted creative works and files protected under the law.”

But co-founder Sunde has pointed out that file-sharing has a life of its own and that even if The Pirate Bay is shut down, the practice will be up and running somewhere else. Moreover, he has remarked, “It does not matter if they require several million or one billion. We are not rich and have no money to pay. They won’t get a cent.”

http://blogs.wsj.com/digits/2009/02/17/pirate-bay-trial-begins-with-theatrics/

Can links kill?, Guardian, 12/30/08

The Guardian: Can links kill?, Linking to online content is the essence of the web. But for newspapers, when does it cross the line to stealing content?:

"The future of online journalism may depend on the outcome of a legal battle between two financially ailing media giants [The New York Times Company and GateHouse Media]...

GateHouse has sued the Times Company for copyright infringement and related charges, claiming that the Your Town sites are an attempt to steal the content of GateHouse's Wicked Local websites for the Times's own commercial gain.

It's easy to take the Times's side in this battle. Linking, after all, is the essence of the web. Some of the smartest people in media are pushing news executives to look beyond their own walls and link to outside content, whether through blogging or something more comprehensive...

But wait. There's another side here, and it deserves to be carefully pondered rather than mockingly dismissed.

Seen from GateHouse's point of view, a Your Town site – for instance this one covering the town of Needham – links not just to a few stories, but scoops up every item of interest from GateHouse's Needham Times, making it unnecessary for anyone to visit the Wicked Local Needham homepage...

GateHouse managers have a right to complain, and to take retaliatory action. (In its legal complaint (pdf), the company says it failed in an attempt to make it technologically impossible for the Globe to link to its stories. But there are other steps it could consider.)...

Legitimate linking practices could come under unwarranted legal scrutiny as well...

The case – GateHouse Media v New York Times Company – is scheduled to go to trial on January 5 in US District Court. (Judge William Young has already rejected GateHouse's request for a temporary restraining order.)"

http://www.guardian.co.uk/commentisfree/cifamerica/2008/dec/30/new-york-times-gatehouse-lawsuit

Court saves Les Mis sequel novels, BBC News, 12/20/08

Via BBC News: Court saves Les Mis sequel novels:

"In 2001, novelist Francois Ceresa published the follow-ups to the acclaimed 19th-Century classic.

But Hugo's family objected to the books - Cosette and the Time of Illusions and Marius or The Fugitive - arguing they were an insult to the original work...

But the court ruled on Friday that Hugo's novel was in the public domain, meaning Ceresa was therefore free to invent a sequel."

http://news.bbc.co.uk/nol/ukfs_news/hi/newsid_7790000/newsid_7793800/7793803.stm

Aggregation aggravation: NYTCo hit with copyright suit over hyperlocal content, The Guardian, 12/23/08

Via The Guardian: Aggregation aggravation: NYTCo hit with copyright suit over hyperlocal content:

"Aggravation over aggregation: It's been a while since sites threatened legal action related to aggregated content. The GateHouse-NYTCo suit comes a few days after Huffington Post's Chicago-based site was called on the carpet of using parts of Chicago Reader's concert reviews without permission. Also, the suit is being brought at a time when local and regional papers are feeling crushed by the economy and the general state of the newspaper business. NYTCo rep Catherine Mathis tells Boston.com that the its hyperlocal sites aren't doing anything different from what blogs have been doing all along. Mathis: "Far from being illegal or improper, this practice of linking to sites is common and is familiar to anyone who has searched the web.""

http://www.guardian.co.uk/media/pda/2008/dec/23/pressandpublishing-citizenmedia

Rhode Island Pub Owner Faces Suit Over Music Copyrights, New York Times, 12/14/08

Via New York Times: Rhode Island Pub Owner Faces Suit Over Music Copyrights:

"The bar’s owner, Patrick Griffin, is being sued by the American Society of Composers, Authors and Publishers, or Ascap. The organization says the bar violated federal copyright law during the show and is seeking up to $120,000 in damages."

http://www.nytimes.com/2008/12/14/us/14pub.html?_r=1&scp=3&sq=copyright&st=cse

Google adds magazines to online book archive, Sydney Morning Herald, 12/10/08

Via Sydney Morning Herald: Google adds magazines to online book archive:

"Google announced on Tuesday that it had begun adding magazines to its online archive of books in a partnership with publishers...

A search on books.google.com will now not only bring up links to relevant books but also to magazine articles related to the query. Users can also use advanced search on Google Book Search to search through magazines only...

In late October, Google settled a copyright dispute with the Association of American Publishers and the Authors Guild over the Internet giant's plans to scan millions of books."

http://news.smh.com.au/technology/google-adds-magazines-to-online-book-archive-20081210-6v91.html

Coldplay deny plagiarism allegations, London Guardian, 12/10/08

Via London Guardian: Coldplay deny plagiarism allegations, Chris Martin says that any similarities between Viva La Vida and Joe Satriani's If I Could Fly are 'purely coincidental'. Oh yeah? Maybe he should listen to this YouTube mash-up:

"Coldplay have responded to Joe Satriani's allegations of copyright infringement, describing the similarities between theirs and the guitarist's work "entirely coincidental".

Satriani filed his suit less than a week ago, alleging that Coldplay's Viva La Vida borrows heavily from his six-and-a-half-minute guitar noodle, If I Could Fly. The 52-year-old guitar nerd claimed credit, damages, and "any and all profits from the song.""

http://www.guardian.co.uk/music/2008/dec/10/coldplay-deny-plagiarism-allegations

Tyler Perry takes the stand in copyright lawsuit, Washington Post, 12/4/08

Via Washington Post: Tyler Perry takes the stand in copyright lawsuit:

"Actor-screenwriter Tyler Perry testified in a copyright infringement lawsuit Wednesday that he did not steal material from a woman's play for his blockbuster movie "Diary of a Mad Black Woman."

Donna West is suing Perry in federal court, arguing that he lifted material from a script she wrote titled "Fantasy of a Black Woman," which was based primarily on her own experiences. She wants a jury to award her family all the profits made from Perry's 2005 film, which earned some $50 million.

Perry insisted that his screenplay is an original work, but under questioning by West's attorney, said he did not know whether anyone actually saw him write the script, The Marshall News Messenger reported for its Thursday editions.

Perry's attorney said his client doesn't have an original copy of his script because he sends all his work to the Library of Congress for a copyright. "

http://www.washingtonpost.com/wp-dyn/content/article/2008/12/03/AR2008120300676.html?sub=AR

Did Coldplay Plagiarize Guitarist Joe Satriani?, NPR, All Things Considered, 12/8/08

Via NPR, All Things Considered: Did Coldplay Plagiarize Guitarist Joe Satriani?:

"When [Guitarist Joe] Satriani tried to contact Coldplay and didn't hear back after several months, he filed a copyright-infringement lawsuit against the band last week...

This certainly isn't the first time two songs have sounded the same. The Chiffons waged a lengthy legal battle against The Beatles' George Harrison over the similarities between "My Sweet Lord" and The Chiffons' "He's So Fine." Harrison eventually admitted to "subconsciously copying" the song and paid the band royalties."

Read NPR story: http://www.npr.org/templates/story/story.php?storyId=97973449

Listen to NPR story: http://www.npr.org/templates/player/mediaPlayer.html?action=1&t=1&islist=false&id=97973449&m=97973425

Mattel wins permanent injunction vs MGA in Bratz case, Yahoo News, 12/4/08

Via Yahoo News: Mattel wins permanent injunction vs MGA in Bratz case:

"A federal judge in California on Wednesday ordered MGA Entertainment Inc to stop selling its popular Bratz dolls and banned it from using the Bratz name, finding that "hundreds" of Bratz products infringe on copyrights owned by rival toymaker Mattel Inc (MAT.N).

U.S. District Judge Stephen Larson also ordered MGA to recall all Bratz dolls from retailers and to destroy "specialized plates, molds and matrices" used to make the dolls, according to a permanent injunction issued late on Wednesday, but stayed until at least early next year.

The ruling appears to allow MGA and retailers to sell the Bratz dolls through the Christmas holiday season."

http://news.yahoo.com/s/nm/20081204/bs_nm/us_mattel_bratz

All-Star Witness List In Lawsuit Over Constitutionality Of RIAA Lawsuits, TechDirt, 11/20/08

Via TechDirt: All-Star Witness List In Lawsuit Over Constitutionality Of RIAA Lawsuits:

"The list includes:

John Perry Barlow (former songwriter for The Grateful Dead, founder of the EFF, and well known digital thinker)
Prof. Johan Pouwelse (technical and scientific director of European research project P2P-Next)
Prof. Lawrence Lessig (needs no introduction, I imagine, for folks around here)
Matthew Oppenheim (who has a somewhat murky relationship with the RIAA, at times representing the RIAA, and at other times insisting he does not represent the RIAA)
Prof. Terry Fisher (a director of Harvard's Berkman Center and author of Promises to Keep, an early book looking at how the internet was changing the entertainment industry, and how it's business models need to change)
Prof. Wendy Seltzer (well known copyfighter, law professor, former staff attorney at the EFF and founder of the Chilling Effects site)
Prof. John Palfrey (Harvard law professor, co-director of the Berkman Center, author of Born Digital)
Prof. Jonathan Zittrain (Harvard and Oxford law professor, co-director of the Berkman Center, author of The Future of the Internet)
Andrew Grant (former antipiracy specialist at DRM company Macrovision)"

http://www.techdirt.com/articles/20081120/1244282904.shtml

McCain Responds To Jackson Browne Lawsuit: Here's How Fair Use Works, TechDirt, 11/21/08

Via TechDirt: McCain Responds To Jackson Browne Lawsuit: Here's How Fair Use Works:

http://www.techdirt.com/articles/20081121/0203022910.shtml

Google Settles Suit Over Book-Scanning - New York Times, 10/29/08

Via New York Times: Google Settles Suit Over Book-Scanning:

"Settling a legal battle, Google reached an agreement with book publishers and authors that clears the way for both sides to more easily profit from digital versions of printed books.

The agreement, under which Google would pay $125 million to settle two copyright lawsuits over its book-scanning efforts, would allow it to make millions of out-of-print books available for reading and purchasing online.

It outlines the framework for a new system that will channel payments from book sales, advertising revenue and other fees to authors and publishers, with Google collecting a cut.

The deal goes some way toward drawing a road map for a possible digital future for publishers and authors, who worried that they were losing control over how their works were used online, as the music industry has."
http://www.nytimes.com/2008/10/29/technology/internet/29google.html?_r=1&scp=2&sq=google&st=cse&oref=slogin

Google Settles Book-Scan Lawsuit, Everybody Wins - Wired.com , 10/28/08

Via Wired.com: Google Settles Book-Scan Lawsuit, Everybody Wins:

http://blog.wired.com/business/2008/10/google-settles.html