As a leader in the global movement toward open access to publicly funded research, the University of California is taking a firm stand by deciding not to renew its subscriptions with Elsevier. Despite months of contract negotiations, Elsevier was unwilling to meet UC’s key goal: securing universal open access to UC research while containing the rapidly escalating costs associated with for-profit journals.In negotiating with Elsevier, UC aimed to accelerate the pace of scientific discovery by ensuring that research produced by UC’s 10 campuses — which accounts for nearly 10 percent of all U.S. publishing output — would be immediately available to the world, without cost to the reader. Under Elsevier’s proposed terms, the publisher would have charged UC authors large publishing fees on top of the university’s multi-million dollar subscription, resulting in much greater cost to the university and much higher profits for Elsevier.
Over the last few months, I’ve been hearing an awful lot about a copyright trolling operation that goes by the name Higbee and Associates. We had written about them years back when they (incredibly) threatened Something Awful for using a photo in a movie review (which was clear fair use). A few months back we wrote about them again when they (you guessed it) threatened Something Awful again over someone in its forums hotlinking a picture of Hitler that was actually hosted on Imgur.While that’s all we’ve written about the firm on Techdirt, Higbee’s name keeps coming up in other conversations — among copyright lawyers who have been seeing a massive increase in Higbee demand letters, and even from some friends who have received such letters (which nearly always involve clearly bogus threats). One thing that has happened over and over with Higbee claims that I’ve been privy to is that they are over unregistered images, meaning that Higbee is unlikely to actually be able to sue over those images, and even if they could, it wouldn’t be for statutory damages. And yet, the threat letters tend to allude to statutory damages are part of the scare tactic.Public Citizen’s Paul Levy has apparently seen enough of Higbee and Associates and their trolling activity that he’s done a pretty thorough investigation of Higbee’s activities and written up a long description calling out many of the sketchy practices of the firm and its principal, Mathew Higbee
The wholly-expected has occurred as a result of Eugene Volokh’s exposure of bogus takedown demands targeting unflattering content — like criminal complaints and factual news articles detailing criminal acts. The Volokh Conspiracy has been targeted by two bogus takedown requests by the same party who engaged in the bogus takedown requests Volokh previously wrote about.
Metal band Arch Enemy has banned photographer J. Salmeron from shooting any future gigs. The band’s management was not amused when he alerted a clothing sponsor about the unauthorized use of his work. Apparently, the band sees ‘exposure’ as sufficient compensation. But what about people who pirate their latest album?
If you can’t stand the heat, whip out the DMCA notices, I guess. Earlier this week, in response to criticism, a game developer hit a YouTuber with dozens of bogus DMCA claims. “Eroktic,” who has posted several videos of him playing Battlestate Games’ multiplayer shooter “Escape from Tarkov,” was on the receiving end of nearly 50 claims.Rather than pretend this is about copyright by claiming it didn’t give Eroktic permission to use footage of its game, the Russian developer has been surprisingly open about its abuse of the DMCA system. Comments given to Polygon’s Charlie Hall show Battlestate is well aware it’s misusing YouTube’s copyright claim process, but says that’s the only way it can protect its good name.
Here’s one you don’t see everyday. The RIAA is telling a court that it needs to be careful about too much copyright protection. Really. This is in the lawsuit over “Stairway to Heaven” that we’ve been covering for a while now. As we noted, the 9th Circuit brought the case back to life after what had appeared to be a good result, saying that Led Zeppelin’s “Stairway” did not infringe on the copyright in the Spirit song “Taurus.” While we were a bit nervous about the case being reopened after a good result, as copyright lawyer Rick Sanders explained in a pair of excellent guest posts, there were good reasons to revisit the case — in part to fix the 9th Circuit’s weird framework for determining if a song has infringed, and in part to fix some bad jury instructions.
“As a well-known allegory says: ‘Imagine a farmer who owns, feeds and milks his cow in order to give away the milk for free to a dairy company – and then finally buys it back in a milk carton at a very high price’. This is the business model of big research publishers.”
Bahnhof has suffered a major defeat against publisher Elsevier after a court ordered the Swedish ISP to block a series of domain names, including Sci-Hub. The decision goes against everything the company stands for but it can’t ignore the blocking order. Instead, the ISP has gone on the offensive by blocking Elsevier’s own website and barring the court from visiting Bahnhof.se.
Individuals and companies using ‘cracked’ copies of graphics software are receiving worrying emails demanding large cash settlements. Information reviewed by TorrentFreak reveals that UK-based company Foundry is demanding thousands of dollars in compensation after unlicensed software ‘phoned home’ with details of users’ alleged offending.
I can’t see any mention of them securing the rights to use the Monty Python trademark for their commercial products. The previous calendars were based on themes that were in public domain, but Monty Python is both copyrighted and trademarked.