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Fair use in particular areas. Computer code. The Oracle America, Inc. v Google, Inc. case revolves around the use of application programming interfaces (APIs) used to define functionality of the Java programming language, created by Sun Microsystems and now owned by Oracle Corporation. Google used the APIs' definition and their structure, sequence and organization (SSO) in creating the Android operating system to support the mobile device market. Oracle had sued Google in 2010 over both patent and copyright violations, but after two cycles, the case matter was narrowed down to whether Google's use of the definition and S S O of Oracle's Java APIs (determined to be copyrightable) was within fair use. The Federal Circuit Court of Appeals has ruled against Google, stating that while Google could defend its use in the nature of the copyrighted work, its use was not transformative, and more significantly, it commercially harmed Oracle as they were also seeking entry to the mobile market. The case, should this ruling hold, could have a significant impact on developing products for interoperability using APIs, such as with many open source projects. Documentary films. In April 2006, the filmmakers of the Loose Change series were served with a lawsuit by Jules and Gédéon Naudet over the film's use of their footage, specifically footage of the firefighters discussing the collapse of the World Trade Center. With the help of an intellectual property lawyer, the creators of Loose Change successfully argued that a majority of the footage used was for historical purposes and was significantly transformed in the context of the film. They agreed to remove a few shots that were used as B-roll and served no purpose to the greater discussion. The case was settled and a potential multimillion-dollar lawsuit was avoided. This Film Is Not Yet Rated also relied on fair use to feature several clips from copyrighted Hollywood productions. The director had originally planned to license these clips from their studio owners but discovered that studio licensing agreements would have prohibited him from using this material to criticize the entertainment industry. This prompted him to invoke the fair use doctrine, which permits limited use of copyrighted material to provide analysis and criticism of published works. File sharing. In 2009, fair use appeared as a defense in lawsuits against file sharing. Charles Nesson argued that file-sharing qualifies as fair use in his defense of alleged file sharer Joel Tenenbaum. Kiwi Camara, defending alleged filesharer Jammie Thomas, announced a similar defense. However, the Court in the case at bar rejected the idea that file-sharing is fair use. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support
It’s the sixth in our series of special editions of Setlist looking at some of our favourite music industry legal battles of all time. CMU’s Andy Malt and Chris Cooke discuss the period in music history where the major labels attempted to curb illegal file-sharing by suing individual music fans. We look in particular at the cases of Jammie Thomas and Joel Tenenbaum who carried on fighting back long after anti-piracy tactics had moved on. Setlist is sponsored by 7digital. MORE Listen to more Setlist specials here (https://completemusicupdate.com/thesetlistspecials/)
Facebook apps leak personal information, we say goodbye to the Sony Walkman, and much more. Enjoy. You can now visit our Facebook page... ...and our Twitter feed: @TechNightRadio Direct Download of Episode 105 Subscribe with iTunes Subscribe via RSS This week... Cooks Source Editor Rips Off Writer, Calls All of Web 'Public Domain' - http://aol.it/rtzjr3 iPhone Daylight Savings Issues - PSA: - http://engt.co/oIu5m7 Kinect Sales - http://engt.co/q68jwa 'Star Wars' Holograms: Almost a Reality? - http://abcn.ws/oWxCzl Oral arguments in violent game case focus on nature of violence - http://bit.ly/pFUh7U Neighborhood Mischief Caught on Tape - http://nyti.ms/oQaCGf Surprise? No One Likes Foursquare or the Rest of That Location-Based Baloney - http://aol.it/owEqSf Sophos Releases Anti-virus for Mac - http://bit.ly/pR9XOV Some snowed-in Ohio students to learn online - http://wapo.st/prhAti Third P2P verdict for Jammie Thomas: $1.5 million - http://bit.ly/rhvAJw Viz Sells Downloadable Manga via iPad App - http://bit.ly/owMz0l Texting under the covers may affect kids' sleep, moods - http://bit.ly/nzCcbh
Here are the shownotes for episode #28 for the Global Geek News Podcast. * Pixar grants girl's dying wish to see Up. * Poll finds physical media is dying, HDDVD is as popular Blu-ray * Gamestop betting digital distribution is far, far away * Kindle DRM surfaces to deny user the books he paid for * Android users more dedicated to their apps than iPhone users * Biggest game publisher threatens to stop making PS3/PSP games * In round 2, Jammie Thomas jury awards $1.92 million to the RIAA * FTC to crack down on undisclosed "sponsored" blogging * Bill looks to ban ISP caps in the US * Comcast to be first ISP to roll out IPv6 in 2010 Hosts: Jeremy Bray and Wesley Faulkner
Here are the shownotes for episode #28 for the Global Geek News Podcast. * Pixar grants girl's dying wish to see Up. * Poll finds physical media is dying, HDDVD is as popular Blu-ray * Gamestop betting digital distribution is far, far away * Kindle DRM surfaces to deny user the books he paid for * Android users more dedicated to their apps than iPhone users * Biggest game publisher threatens to stop making PS3/PSP games * In round 2, Jammie Thomas jury awards $1.92 million to the RIAA * FTC to crack down on undisclosed "sponsored" blogging * Bill looks to ban ISP caps in the US * Comcast to be first ISP to roll out IPv6 in 2010 Hosts: Jeremy Bray and Wesley Faulkner
In this lesson, lesson 82, we talk about a recent court ruling in the U.S regarding Jammie Thomas, found guilty of downloading and illegally re-distributing copyrighted music. Let’s study some of the relevant vocabulary in this exchange. On y va!...