A United States District Court has ruled in favour of Google Inc’s YouTube site, finding that YouTube is not liable for infringing Viacom’s copyright.

Judge Louis L. Stanton concluded that YouTube qualified for protection under the safe-harbour provision of the U.S. Digital Millenium Copyright Act.

The safe harbour provision essentially provides protection to online service providers in cases where they are either not aware of the infringing activities of their users, or where appropriate action is taken, upon notification from rights-holders, to disable access to infringing content.

This decision follows a long-running dispute, commencing when Viacom filed a lawsuit against YouTube in 2007. Viacom argued that YouTube were liable for infringing the copyright in thousands of Viacom works uploaded to the YouTube site by users.

Viacom has indicated its intention to appeal the decision, stating:

"We believe that this ruling by the lower court is fundamentally flawed and contrary to the language of the Digital Millennium Copyright Act, the intent of Congress, and the views of the Supreme Court as expressed in its most recent decisions. We intend to seek to have these issues before the U.S. Court of Appeals for the Second Circuit as soon as possible.”

To see the ruling, go to:

www.scribd.com/doc/33470608/Viacom-Google-summary-judgement-opinion

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In a significant victory for music rights owners in the battle to stop P2P file-sharing, a judge with the U.S. District Court in New York has ruled that file-sharing software company LimeWire and its chairman, Mark Gorton, are liable for inducing copyright infringement.

A meeting is planned for June 1 to determine the next steps, such as a possible deal between LimeWire and the record labels that brought the action, as well as possible damages.

The Associated Press quotes Recording Industry Association of America Chairman Mitch Bainwol as saying the ruling was "an extraordinary victory" against one of the largest remaining file-sharing services in the US.

According to AP: “The ruling could pave the way for a deal, similar to the way Napster was sued out of existence in 2000 but was reborn and is now under the ownership of Best Buy Inc. with licensing deals with all the major recording companies.”

To read the full story go to:

http://www.google.com/hostednews/ap/article/ALeqM5h2fBcYl5wEZQL3poXzekCLE4QxWQD9FLKJ380

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A new Bill aimed primarily at facilitating the delivery of digital television via satellite to areas that currently do not receive an adequate signal, was introduced on the 18th of March 2010.

The intent of the Bill is to ensure that viewers in “black spot” areas have access to a similar range of digital television services to those living in metropolitan areas.

The Broadcasting Legislation Amendment (Digital Television) Bill 2010 proposes amendments to both the Broadcasting Services Act 1992 and the Copyright Act 1968.

The Bill provides that the new satellite service will be divided in to three new commercial licence areas:

• Northern Australia: covering the Northern Territory and Queensland

• South Eastern Australia: covering The ACT, New South Wales, South Australia, Tasmania and Victoria

• Western Australia

Generally, terrestrial broadcasters will be required to supply certain content to the new satellite broadcasting licensees.

Amongst other things, the Bill amends the Copyright Act to introduce a new statutory licensing scheme, which will support the implementation of the above requirement.

According to the Explanatory Memorandum, the new licensing scheme will provide for the equitable remuneration of copyright holders, should independent negotiations fail between the new satellite licence holders and existing terrestrial broadcasters for the provision of relevant programming and content.

The full text of the Bill and Explanatory Memorandum can be viewed on the Parliament of Australia website: http://www.aph.gov.au/

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EMI have lodged an appeal against the decision in Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited, seeking orders that Men at Work’s Down Under does not infringe the copyright in the children’s song, Kookaburra (sits in the old gum tree).

According to a recent ABC article, EMI filed papers listing 14 grounds of appeal.

The ABC article discusses that in particular, EMI said the similarities between the two songs are not likely to be noticed by “the ordinary listener.”

EMI also contend the trial judge erred in deciding that Down Under uses a “substantial part” of Kookaburra.

A date for the appeal hearing is yet to be decided.

To read the full article, go to:

www.abc.net.au/news/stories/2010/02/25/2830442.htm

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Thirty-four film companies have filed an appeal against a judgment of the Federal Court in favour of the Internet service provider iiNet Limited.

Earlier this month the Federal Court found in favour of iiNet in a copyright infringement case brought by the film companies, and also involving the Australian Federation Against Copyright Theft (AFACT).

The 15 grounds of appeal will concentrate chiefly on the matter of authorisation. The Federal Court’s Justice Cowdroy found that iiNet’s behaviour did not constitute authorisation of copyright infringement by those using iiNet’s services. The importance here is that under the Copyright Act, a person authorising copyright infringement is viewed in the same way as a person directly infringing copyright and subject to the same penalties.

In announcing the appeal, AFACT also raised the safe harbour regime as a key ongoing issue. AFACT executive director, Neil Gane, said that Justice Cowdroy’s judgement “rendered the safe harbour regime ineffective”.

Justice Cowdroy found that iiNet had satisfied safe harbour requirements but was not in need of their protection due to the above mentioned finding.

For more information go to:

• www.afact.org.au/news.html

• Federal Court decision on iiNet vs. film and television studios

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Nintendo has issued a press release (9/2/2010) announcing the out of court settlement of its proceedings against a Brisbane man for the infringement of copyright in its New Super Mario Bros. Wii video game for the Wii console.

The company says the action was commenced both in the interests of protecting the creative rights of game creators and combating Internet piracy.

For more information see:

http://www.nintendo.com.au/index.php?pageID=6&action=news&sectionID=1

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