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Suing Infrastructure Companies for Copyright Violations

It’s a matter of going after those with deep pockets. From Wired:

Cloudflare was sued in November 2018 by Mon Cheri Bridals and Maggie Sottero Designs, two wedding dress manufacturers and sellers that alleged Cloudflare was guilty of contributory copyright infringement because it didn’t terminate services for websites that infringed on the dressmakers’ copyrighted designs….

[Judge] Chhabria noted that the dressmakers have been harmed “by the proliferation of counterfeit retailers that sell knock-off dresses using the plaintiffs’ copyrighted images” and that they have “gone after the infringers in a range of actions, but to no avail — every time a website is successfully shut down, a new one takes its place.” Chhabria continued, “In an effort to more effectively stamp out infringement, the plaintiffs now go after a service common to many of the infringers: Cloudflare. The plaintiffs claim that Cloudflare contributes to the underlying copyright infringement by providing infringers with caching, content delivery, and security services. Because a reasonable jury could not — at least on this record — conclude that Cloudflare materially contributes to the underlying copyright infringement, the plaintiffs’ motion for summary judgment is denied and Cloudflare’s motion for summary judgment is granted.”

I was an expert witness for Cloudflare in this case, basically explaining to the court how the service works.

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Deliberately Playing Copyrighted Music to Avoid Being Live-Streamed

Vice is reporting on a new police hack: playing copyrighted music when being filmed by citizens, trying to provoke social media sites into taking the videos down and maybe even banning the filmers:

In a separate part of the video, which Devermont says was filmed later that same afternoon, Devermont approaches [BHPD Sgt. Billy] Fair outside. The interaction plays out almost exactly like it did in the department — when Devermont starts asking questions, Fair turns on the music.

Devermont backs away, and asks him to stop playing music. Fair says “I can’t hear you” — again, despite holding a phone that is blasting tunes.

Later, Fair starts berating Devermont’s livestreaming account, saying “I read the comments [on your account], they talk about how fake you are.” He then holds out his phone, which is still on full blast, and walks toward Devermont, saying “Listen to the music”.

In a statement emailed to VICE News, Beverly Hills PD said that “the playing of music while accepting a complaint or answering questions is not a procedure that has been recommended by Beverly Hills Police command staff,” and that the videos of Fair were “currently under review.”

However, this is not the first time that a Beverly Hills police officer has done this, nor is Fair the only one.

In an archived clip from a livestream shared privately to VICE Media that Devermont has not publicly reposted but he says was taken weeks ago, another officer can be seen quickly swiping through his phone as Devermont approaches. By the time Devermont is close enough to speak to him, the officer’s phone is already blasting “In My Life” by the Beatles — a group whose rightsholders have notoriously sued Apple numerous times. If you want to get someone in trouble for copyright infringement, the Beatles are quite possibly your best bet.

As Devermont asks about the music, the officer points the phone at him, asking, “Do you like it?”

Clever, really, and an illustration of the problem with context-free copyright enforcement.

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