DMCA Safe Harbor May Not Apply To Old Copyrighted Works
tlhIngan writes "On Tuesday, the New York appellate court denied Grooveshark the DMCA safe harbor protection on songs like Johnny B. Goode. What happened was due to an oddity in the law, the DMCA does not apply to state-licensed copyrighted works (those copyrighted before February 15, 1972). What happened was Congress overhauled copyright law to make it a Federal matter, but all works prior to that date still come under common-law and state statutes. The end result is that Grooveshark does not have DMCA safe harbor protection for older works and may be sued for copyright infringement (barring other agreements, e.g., UMG and YouTube), even though they fully comply with the DMCA otherwise, taking down copyrighted materials. Grooveshark is a "music locker" service allowing users to upload music for others to listen to."
Motorola Ordered To Recall Android Phones and Tablets In Germany
puddingebola sends word of a German court decision yesterday which found that Google's Motorola Mobility must recall all of its Android tablets and phones that infringe on Apple's patent for "rubber-band" scrolling. From the Guardian: "The dramatic decision, the latest in an escalating war between Apple and the smartphone and set-top box company MMI, follows earlier cases in which Apple had to disable automatic "push" delivery of email to its iPhone and iPads after MMI won a separate patent fight in Germany. The recall will not take effect immediately because Apple will have to request a ban on specific products and provide a €25m (£20m) bond, while MMI can appeal. However, the court indicated that it was unlikely that an appeal against the validity of the patent would succeed. MMI, with Google's backing, is expected to continue the appeal. The court also ruled that MMI owed Apple damages for past infringement."
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