Articles Tagged with DMCA

blueprintLast week, Public.Resource.Org, through their counsel at the Electronic Frontier Foundation, filed an action for declaratory judgement against the Sheet Metal and Air Conditioning Contractors’ National Association, Inc. [SMACNA]. In its complaint, Public.Resource.org asserts that since SMACNA’s copyrighted standards were explicitly incorporated into federal and state law, they have become part of the public domain and are no longer subject to copyright restrictions.

This saga began when Carl Malamud of Public.Resource.Org began buying copies of privately issued, copyrighted building codes and putting them up online. These codes were incorporated by law into federal and state statutes, so Carl believed that they should be publicly available – a  proposition we agreed with.

When Attributor, an agent for SMACNA, discovered the codes on Public.Resource.Org, they sent a DMCA takedown notice. Public.Resource.Org now seeks a declaratory judgment from the federal courts that it is not infringing. It asserts that since these standards were incorporated by reference into federal law, the manual is now “the law of the United States and compliance with the 1985 manual is mandatory,” and thus is part of federal law – which is not subject to copyright.

Record label UMG Recordings, Inc. sued Escape Media Group, Inc., the owner of online music streaming website Grooveshark, five of the company’s executives, and two other employees for alleged copyright infringement.

UMG’s newest lawsuit contains purported email exchanges with company director Sina Simantob alleging, in part, that Escape “bet the company on the fact that it is easier to beg forgiveness than ask [record labels] permission” to use their copyrighted works. (Read the full complaint below).
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