Cutting the Cord: “Smart TV Box” Devices and Copyright Infringement

copyright

Innovative ways to view broadcast content such as scripted shows, sporting events, and recently released movies are advancing at breakneck speed. Buyers should beware, however, that not all methods for accessing entertainment content are on the up-and-up. Several devices, for instance, promise extreme “cord-cutting” and incredibly wide access to content at a relatively low, one-time cost.

There’s a good reason why these devices are so cheap and offer so much: they provide a gateway to pirated content, facilitating copyright infringement on a massive scale. Unsurprisingly, the sellers of two such “smart TV boxes” are embroiled in copyright litigation. Continue reading “Cutting the Cord: “Smart TV Box” Devices and Copyright Infringement”

Video of WLF’s 30th Annual Preview Briefing of US Supreme Court Term Now Available

Our annual briefing was moderated by WLF Legal Policy Advisory Board Chairman Jay Stephens and featured commentary on free-enterprise-oriented cases the Court will hear this Term by Neal Katyal of Hogan Lovells and Daryl Joseffer of King & Spalding LLP.

The following materials were provided to attendees:

WLF’s Annual End-of-Term Review Assesses Key Supreme Court Free-Enterprise Decisions

The U.S. Supreme Court: October 2015 Term Review

Speakers: The Honorable Jay Stephens, Kirkland & Ellis LLP; Andrew J. Pincus, Mayer Brown LLP; Elizabeth P. Papez, Winston & Strawn LLP; Jeffrey B. Wall, Sullivan & Cromwell LLP

Our speakers discussed Court rulings in the areas of class actions, arbitration, the federal False Claims Act, intellectual property, federal regulation, and property rights.

With New Rights Manager, Facebook Creates New Tool to Fight Against ‘Freebooting’ and Copyright Infringement

facebookIn mid-April, Facebook unveiled a new tool to help copyright holders combat infringing behavior.  The move comes after digital content creators alleged that Facebook was building its growing video-sharing platform by acquiescing to third parties’ posting of videos originally uploaded elsewhere (known as “freebooting”).  Critics of freebooting argue that the practice hurts creators by siphoning off views (and thus ad revenue from them and the original video platform, such as YouTube).  The new tool, called Rights Manager, is Facebook’s attempt to end these illegal practices and encourage digital-content creators to bring more of their content to Facebook’s video-sharing platform. Continue reading “With New Rights Manager, Facebook Creates New Tool to Fight Against ‘Freebooting’ and Copyright Infringement”

Market-Based Efforts to Fight Online Copyright Piracy Earn a New Ally

copyrightWashington Legal Foundation has long supported industry self-help initiatives, including those aimed at protecting intellectual property rights. The WLF Legal Pulse, for instance, has highlighted industry efforts to self-police copyright infringement and reduce frivolous patent litigation (for example, here and here). On the copyright front, as we’ve previously discussed, websites that facilitate or traffic in unlawfully copied entertainment content, such as cyberlockers, cost the creative industry millions of dollars each year. The latest market-based effort to combat copyright theft is a voluntary agreement between the Motion Picture Association of America (MPAA) and Donuts, Inc. (Donuts). According to the agreement signed on February 9, Donuts, the world’s largest domain-name registry, will designate MPAA as a “Trusted Notifier” and treat MPAA referrals of large-scale piracy expeditiously and with a presumption of credibility. Should Donuts find no holes in an MPAA request, it will suspend or terminate the domain. Continue reading “Market-Based Efforts to Fight Online Copyright Piracy Earn a New Ally”

WLF’s Annual Mid-Term Supreme Court Briefing Addresses Key Free-Enterprise Cases

Participants:

The Hon. Jay B. Stephens, Kirkland & Ellis LLP and Chairman, WLF Legal Policy Advisory Board
Gregory G. Katsas, Jones Day
Melissa Arbus Sherry, Latham & Watkins LLP
Ashley C. Parrish, King & Spalding LLP

Update: Major Media Management Company Signs on to Voluntary Effort to Deter Online Copyright Piracy

copyrightwarningIn a February 17, 2015 post, we applauded a new voluntary program developed by advertising trade associations, the Brand Integrity Program Against Piracy. The program’s goal is to deter the placement of advertisements for legitimate products on websites that help disseminate illegally-copied entertainment content or knockoffs of trademarked products.

This voluntary property-rights protection effort received a considerable boost last week when GroupM, the investment management arm of global media and advertising services giant WPP, formally endorsed the Brand Integrity Program. GroupM’s digital marketing and media partners handle over 32% of the world’s media billings.

As explained in our February post, a trade association-created entity, the Trustworthy Accounting Group (TAG), initiated a program to certify companies that assist advertisers and ad agencies to avoid ad placement on cyberlockers and other undesirable websites. Third-party accounting entities such as Ernst & Young will assess those wishing to be certified. If these companies meet certain effectiveness criteria, TAG will validate them as “Digital Advertising Assurance Providers” (DAAPs).

GroupM is requiring that its partners either be certified as DAAPs or contract with companies that have earned that certification. The joint GroupM-TAG press release explained that TAG will announce the first validated DAAPs before the end of 2015, and that GroupM’s partners must be validated as or hire a DAAP by the end of March 2016.

Online copyright and trademark infringement is a multi-billion-dollar problem for economically critical U.S. businesses. The pursuit of rogue businesses through civil or criminal law enforcement has expanded in recent years, but pirate sites and their creators are quite elusive and the legal process is slow. For instance, it’s been four years since New Zealand officials arrested Megaupload founder Kim Dotcomm, and a decision has yet to be made on his extradition to the U.S.

Voluntary efforts to undermine the revenue stream for cyberlockers and other trafficking sites, therefore, are a critically important weapon against online piracy. TAG’s enlistment of GroupM and its partners is a positive development, one that could accelerate the recruitment of more partners for the Brand Integrity Program Against Piracy.