Month: November 2014

Sending Liability Up The Stack: Domain Registrars Potentially Liable For Infringement By End Users

It seems that in Germany, domain registrars are now liable for infringement caused by users of sites, which themselves host no infringing content what so ever:

That’s why a recent court ruling in Germany is so problematic. It’s the followup to an earlier ruling that found a domain registrar, Key-Systems, liable for actions done by the users of a torrent tracking site H33T. H33T just hosted the torrent (which, we should remind you, is not the actual infringing file), and some users used that tracker to torrent the album Blurred Lines. When H33T failed to respond to a takedown notice, Universal Music went after the registrar, and the court said it was Key-System’s responsibility to stop the infringement. Of course, the only way for the registrar to do that is to yank the entire domain.

The case was appealed, but the appeals court upheld the lower court ruling. Even though the registrar pointed out (accurately) that it had no way of knowing if the torrent was actually infringing, the court said that the registrar was responsible for assuming it must be infringing once it had contacted the domain owners and not received a response.

Link (Techdirt)

The $9 Billion Witness: Meet JPMorgan Chase’s Worst Nightmare

She tried to stay quiet, she really did. But after eight years of keeping a heavy secret, the day came when Alayne Fleischmann couldn’t take it anymore.

“It was like watching an old lady get mugged on the street,” she says. “I thought, ‘I can’t sit by any longer.'”

Fleischmann is a tall, thin, quick-witted securities lawyer in her late thirties, with long blond hair, pale-blue eyes and an infectious sense of humor that has survived some very tough times. She’s had to struggle to find work despite some striking skills and qualifications, a common symptom of a not-so-common condition called being a whistle-blower.

Fleischmann is the central witness in one of the biggest cases of white-collar crime in American history, possessing secrets that JPMorgan Chase CEO Jamie Dimon late last year paid $9 billion (not $13 billion as regularly reported – more on that later) to keep the public from hearing.

Link (Rolling Stone)

BRITISH SPIES ARE FREE TO TARGET LAWYERS AND JOURNALISTS

British spies have been granted the authority to secretly eavesdrop on legally privileged attorney-client communications, according to newly released documents.

On Thursday, a series of previously classified policies confirmed for the first time that the U.K.’s top surveillance agency Government Communications Headquarters (pictured above) has advised its employees: “You may in principle target the communications of lawyers.”

The U.K.’s other major security and intelligence agencies—MI5 and MI6—have adopted similar policies, the documents show. The guidelines also appear to permit surveillance of journalists and others deemed to work in “sensitive professions” handling confidential information.

Link (The Intercept)

Germany’s Top Publisher Admits Its Web Traffic Plummeted Without Google; Wants Politicians To ‘Take Action’

It seems like the Germans have finally woken up to the fact that Google actually does make them quite a fair bit of money, but instead of accepting that, they want lawmakers to do “something”.

Springer said a two-week-old experiment to restrict access by Google to its news headlines had caused web traffic to its publications to plunge, leading it to row back and let Google once again showcase Springer news stories in its search results.

Chief Executive Mathias Doepfner said on Wednesday that his company would have “shot ourselves out of the market” if it had continued with its demands for the U.S. firm to pay licensing fees.

(…)

[Doepfner said his company’s climbdown was] proof of Google’s overwhelming power in the search market. He said he hoped lawmakers, courts and competition regulators would take action to curb its powers.

Link (Techdirt)