Diminishing software copyright by overbroad applications of fair use or denial of protection would be a “step in the wrong direction,” Copyright Alliance CEO Keith Kupferschmid said Tuesday at an FTC hearing. The software industry would be forced to retrench to a closed model, no longer sharing code and instead relying on proprietary contracts to keep code protected, he said. He repeated his organization’s support for HR-3945, which would establish a voluntary small claims tribunal in the Copyright Office. Public Knowledge Policy Counsel Meredith Rose urged the FTC to collaborate with the Copyright Office on the overlap between copyright and competition, which increased with IoT technology. Hearings on copyright continue Wednesday (see 1810110056).
The U.S. trade representative shouldn't designate WeChat a notorious market (see 1810040053) because its policies combat copyright infringement, the owner of the mobile app commented, filed Tuesday. Tencent acknowledged “some bad actors may seek to use the WeChat instant messaging platform to promote infringing goods,” but its terms of service prohibit such activity. Thailand argued its online and offline markets shouldn't receive the designation, either, citing widespread enforcement. January-August, Thai authorities did 4,800 raids on physical markets and seized 10.5 million items, officials said. January-July, Thai authorities did 117 raids in online markets and seized 4,878 products. Like entertainment industry groups, the International Intellectual Property Alliance cited The Pirate Bay as a bad actor, plus Rapidgator.net and Uploaded.net.
The Copyright Office is seeking comment by Jan. 15 on “how to improve the regulations and practices related to the registration of copyright claims in the digital age." The CO said Wednesday it plans to replace the electronic system “to improve user experience, increase Office efficiency, and decrease processing times.”
Amazon received patents Tuesday for enhancing performance of package-delivering drones, one for recharging them while airborne, the other for an airbag to protect packages dropped from them at a “predetermined height,” Patent and Trademark Office records show. Replacing a drone’s battery can extend service time, said a patent (10,099,561). The other (10,099,786) envisions an “airlift package protection” airbag fashioned after a “stunt airbag” that cushions a skydiver’s impact with the ground. The company didn’t comment.
An interim rule and notice of inquiry for sound recordings "fixed" before Feb. 15, 1972, was issued, the Copyright Office announced Tuesday. The interim rule was triggered by the signing of the Music Modernization Act (see 1810110038). It “establishes a mechanism for rights owners to file schedules listing their pre-1972 sound recordings with the Office, for individuals to request timely notification of when such filings are indexed into the Office’s public records, and for the submission of contact information by entities publicly performing pre-1972 sound recordings by means of digital audio transmission as of October 11, 2018.” Comments on the noncommercial use exception are due Nov. 15.
An International Trade Commission limited exclusion order bans import of Toshiba non-volatile memory devices that infringe patents held by Macronix, said Monday's Federal Register notice. The ITC opened a Trade Act Section 337 investigation in April 2017 on allegations Toshiba was manufacturing and importing memory cards, car navigation systems and other items that copy Macronix patented technologies. Toshiba didn’t comment.
Amazon, Microsoft and Sony "publicly exploit" the voice of Dion DiMucci on his recording of the 1960s hit "The Wanderer" to promote sales online of the Fallout 4 videogame for PlayStation and Xbox, violating his “common law right of publicity,” alleged the singer-songwriter in a complaint (in Pacer) filed Thursday in U.S. District Court in San Francisco. The companies use DiMucci's "identity, appropriating it for their commercial advantage, without consent, which has financially damaged him by the loss of the value of the use of his identity they appropriated and the profits they earned therefrom,” said the complaint. Amazon, Microsoft and Sony lost their authorization to use the song with the October 2016 expiration of a license agreement they signed with ZeniMax Media, which publishes Fallout 4, and Universal Music, the owner of the common-law copyright of DiMucci’s recording, it said. DiMucci “authored” the song in 1961 for now-defunct Laurie Records, said the complaint, though songwriting credits for "The Wanderer" actually belong to Ernie Maresca. Amazon, Microsoft and Sony didn’t comment Friday.
Sony Interactive Entertainment is targeting an eBay seller for allegedly distributing “jailbroken” PS4s that play pirated games by “circumventing” copyright protections built into the consoles’ hard drives. Sony agents bought some of the PS4 consoles defendant Eric Scales sells under the eBay handle “blackcloak13" and "confirmed" they were “modified to enable the user to access and run certain ‘exploit’ software code that, when run on the PS4, circumvents technological protection measures,” said the complaint (in Pacer), filed Friday in U.S. District Court in Riverside, California. It seeks a Digital Millennium Copyright Act order permanently barring Scales from distributing the jailbroken PS4s. Scales also runs a website that advertises availability of jailbroken PS4s on eBay, said the complaint. We couldn't reach him for comment.
As 86 percent of global listeners consume music through on-demand services, 38 percent obtain music through copyright infringement, reported the International Federation of the Phonographic Industry. On average, consumers listen to music 2.5 hours a day, and three-quarters of listeners use smartphones for it. Stream ripping is the most common copyright infringement method for music at 32 percent. Roughly 23 percent of consumers download music via cyber lockers or peer-to-peer services and 17 percent of consumers use search engines to locate “infringing content,” it said. Stream-ripping users “are more likely to say that they rip music so they have music to listen to offline,” said IFPI, so they can avoid paying for a premium streaming subscriptions. Radio remains “resilient,” said IFPI. Some 91 percent of U.S. listeners report listening to music via radio.
DOJ should maintain the BMI and ASCAP consent decrees (see 1806110051) so that venues aren't subject to more-complicated and expensive performance rights licenses, venue owners wrote Assistant Attorney General Makan Delrahim this week. Delrahim will testify Wednesday with FTC Chairman Joe Simons before the Senate Antitrust Subcommittee (see 1808290060). DOJ is reviewing whether the music licensing consent decrees are still needed. More than 1,250 public venue owners signed the letter, which was written by the National Restaurant Association, WineAmerica and American Beverage Licensees. DOJ didn’t comment.