But CircleSection should begin with the premise of ownership -- whereas other "services" like Ultraviolet or Walmart or Samsung "disk to digital" begin with the premise that you have to buy a license to own. CircleSection stands for the proposition that if you already own the DVD, you already own the viewing rights. Registration should be free and then you get to put it securely up in the cloud where you can view when and where you like.
The case filings are public government records and can be obtained through Pacer. The case number and file docket for the denial of the temporary injunction are as follows:Case 3:09-cv-02596-H -WMC Document 71 Filed 05/18/10. I will not upload the entire case here, as Justia and others will have it posted shortly, but I will say, this is definitely not a slam dunk victory to make illegal file hosting legal. While, they found that as to the evidence on the record that Rapidshare was not committing direct infringement, the court also noted that on the record, there was evidence of indirect (third party) infringement going on. The court, however, was not going to go to a finding of “Contributory” infringement because Perfect 10 had not “yet” met its burden to show that Rapidshare knew or should have known the infringing files were on its servers. That situation is likely to change later in this case if Rapidshare doesn’t do more to prevent illegal file uploads.
On page 7 of the opinion, it clearly stated: “Direct infringement by third parties is occurring. Defendants do not dispute Plaintiff’s ownership of at least some of the copyrighted works at issue in Plaintiff’s motion. (Doc. No. 26 at 19.) Additionally, Plaintiff has demonstrated that its copyrighted images were uploaded onto RapidShare’s servers and are available for download. (Zada Decl. ¶¶ 6-7.) RapidShare users who uploaded Plaintiff’s copyrighted images to the server violated Plaintiff’s distribution rights and any RapidShare users who may have download files containing Plaintiff’s
copyrighted images violated Plaintiff’s reproduction rights. See Napster, 239 F.3d at 1014.”
So, what you have here is a clear indication by the District court is already finding that 3rd party infringement is happening with the file sharing giant. The court is also giving a clear indication that it doesn’t jump to conclusions that are not presented by the evidence.
New media,a broad term used to encompass digital use of traditional media such as film, images, music, spoken and written word, with the computer, will find its place in this fast paced technology, computer-enabled consumer world. My prediction is that companies like the DECE (Digital Entertainment Content Ecosystem) consortium and Disney-Apple Keychest “Digital Rights Storage Locker” technology will soon win the day. But they had better get this figured out soon or the courts will at some point will have to figure it out for them by giving companies like rapidshare the green light to go ahead with their illegal downloading sytems.
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Begin with ownership
But CircleSection should begin with the premise of ownership -- whereas other "services" like Ultraviolet or Walmart or Samsung "disk to digital" begin with the premise that you have to buy a license to own. CircleSection stands for the proposition that if you already own the DVD, you already own the viewing rights. Registration should be free and then you get to put it securely up in the cloud where you can view when and where you like.
The Actual Court Docket
The case filings are public government records and can be obtained through Pacer. The case number and file docket for the denial of the temporary injunction are as follows:Case 3:09-cv-02596-H -WMC Document 71 Filed 05/18/10. I will not upload the entire case here, as Justia and others will have it posted shortly, but I will say, this is definitely not a slam dunk victory to make illegal file hosting legal. While, they found that as to the evidence on the record that Rapidshare was not committing direct infringement, the court also noted that on the record, there was evidence of indirect (third party) infringement going on. The court, however, was not going to go to a finding of “Contributory” infringement because Perfect 10 had not “yet” met its burden to show that Rapidshare knew or should have known the infringing files were on its servers. That situation is likely to change later in this case if Rapidshare doesn’t do more to prevent illegal file uploads.
On page 7 of the opinion, it clearly stated: “Direct infringement by third parties is occurring. Defendants do not dispute Plaintiff’s ownership of at least some of the copyrighted works at issue in Plaintiff’s motion. (Doc. No. 26 at 19.) Additionally, Plaintiff has demonstrated that its copyrighted images were uploaded onto RapidShare’s servers and are available for download. (Zada Decl. ¶¶ 6-7.) RapidShare users who uploaded Plaintiff’s copyrighted images to the server violated Plaintiff’s distribution rights and any RapidShare users who may have download files containing Plaintiff’s
copyrighted images violated Plaintiff’s reproduction rights. See Napster, 239 F.3d at 1014.”
So, what you have here is a clear indication by the District court is already finding that 3rd party infringement is happening with the file sharing giant. The court is also giving a clear indication that it doesn’t jump to conclusions that are not presented by the evidence.
New media,a broad term used to encompass digital use of traditional media such as film, images, music, spoken and written word, with the computer, will find its place in this fast paced technology, computer-enabled consumer world. My prediction is that companies like the DECE (Digital Entertainment Content Ecosystem) consortium and Disney-Apple Keychest “Digital Rights Storage Locker” technology will soon win the day. But they had better get this figured out soon or the courts will at some point will have to figure it out for them by giving companies like rapidshare the green light to go ahead with their illegal downloading sytems.