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Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Category Archives: Social Media

Oregon Department of Corrections sues over YouTube prison video

26 Friday Feb 2016

Posted by Kenan Farrell in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Social Media

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Copyright Infringement, DMCA, Litigation Update, Thomas M. Coffin, YouTube

The State of Oregon, via the Department of Corrections, claims to be the exclusive owner of all intellectual property rights in a video entitled “Prison Cell Extraction,” showing the techniques to remove a prisoner from a cell. Defendant somehow obtained the video and posted it on YouTube.

Upon learning of the posting, the State of Oregon initiated a Digital Millennium Copyright Act (“DMCA”) takedown request with YouTube to remove the video, and the video was initially removed by YouTube.

Screen Shot 2016-02-26 at 10.47.45 AMDefendant then filed a DMCA counter notification with YouTube, swearing under penalty of perjury that the video was removed by YouTube due to a mistake or misidentification on the basis that “its my video of me”.

YouTube informed the State of Oregon of the counter notification with instructions that if the State of Oregon did not “file an action seeking a court order to restrain the counter notifier’s allegedly infringing activity” the video could be reinstated on YouTube.

Hence, this lawsuit. Stay tuned for updates.

State of Oregon v. Ames

Court Case Number: 6:2016-cv-00345
File Date: Thursday, February 25, 2016
Plaintiff: State of Oregon
Plaintiff Counsel:Ellen F. Rosenblum, Attorney General
Defendant: Ames
Cause: Copyright Infringement
Court: District of Oregon
Judge: Thomas M. Coffin

Complaint:

View this document on Scribd

List of Oregon Download Cases – 2013/14

26 Tuesday Feb 2013

Posted by Kenan Farrell in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Privacy, Social Media

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BitTorrent, Elf-Man, RynoRyder Productions, The Thompsons Film, Voltage Pictures

This is a comprehensive list of Oregon download cases. Follow the links to individual case details. This post will be updated as new cases are filed.

  1. Voltage Pictures, LLC v. Does 1 – 371
  2. Voltage Pictures, LLC v. Does 1 – 198
  3. Voltage Pictures, LLC v. Does 1 – 12
  4. Voltage Pictures, LLC v. Does 1 – 34
  5. Elf-Man, LLC v. Does 1 – 57
  6. Elf-Man, LLC v. Does 1 – 16
  7. Elf-Man, LLC v. Does 1 – 107
  8. The Thompsons Film, LLC v. Does 1 – 155
  9. RynoRyder Productions, Inc. v. Does 1 – 23
  10. Voltage Pictures, LLC v. Doe IP 76.115.46.230
  11. Voltage Pictures, LLC v. Jim Choi
  12. Voltage Pictures, LLC v. Doe Adult Son
  13. Voltage Pictures, LLC v. Does 1-50

Last update: 4/30/14

Planning Your Digital Estate

22 Thursday Nov 2012

Posted by Kenan Farrell in Copyright, Intellectual Property, Oregon, Social Media

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Copyright, Digital Estate

I’ve written previously on the importance of planning beyond one’s own death. Simple planning now can prevent unnecessary headaches after you’ve passed. This is typically accomplished by preparing a will and/or obtaining life insurance. But with the Internet and cloud computing increasingly dominating our daily lives, more adults are taking their lives online, often through social networking, online gaming, or blogging. Consumers shop, pay bills, and bank online. Important accounts, documents, files and photos are now often managed exclusively online, almost always behind usernames and passwords.

Dbrainjacko you know what would happen to your blog if you die? What happens to the passwords and content of your multiple email accounts? Who, if anyone, would you want to control your Twitter, Facebook or, most importantly, World of Warcraft account? Think about these questions now and speak to an attorney who can help you plan your digital estate.

Here are a few general guidelines from the MoneyGrubbingLawyer:

Email Accounts
As a general rule, you own your email and electronic correspondence and you can leave this to whomever you choose in your will. However, if your family or executors don’t know your email passwords, they may have trouble retrieving it. Gmail and Hotmail will both give access to email contents upon proof of death and proof of relationship.

Facebook and Social Networking Accounts
Facebook and other social networking accounts are a little different than email accounts as the information on your profile isn’t as private as your emails – your profile is accessible and viewable by anyone who you’ve granted access. Your profile also appears as a friend of countless others, and will continue to appear until the account is either closed or your friends delete you.

Myspace advises that their policy is to allow access to a deceased’s account upon verification of death, and a significant number of Myspace profiles remain active as memorials. Facebook also allows for the “memorialization” of accounts, where the accounts remain open as a tribute. There’s even a form you can use to report a user who has died. However, Facebook won’t release login information, so the account can’t be accessed, changed or updated.

Blogs and Online Content
An additional consideration for managing your digital estate arises for those of us who run blogs. Much like social networking and email accounts, online service providers such as WordPress and Blogger are reluctant to release login details, even to an executor. If your blog is hosted on your own server or through a third-party hosting service, the task of accessing the site is further complicated and in some cases may be close to impossible.

If you’ve got a blog, you’ve also got intellectual property including copyright to your writings and any trademarks associated with your site. You may also have photographs, music, and other works that are published and maintained online. Copyright generally lasts for 70 years after the death of the author, so there’s a significant tail period of copyright protection that vests in your estate and, just like any other form of property, IP can be given to a specific individual in your will. If the will does not specify who gets your intellectual property, the standard rules of distribution apply.

Online Worlds
Users spend a great deal time of time creating and managing identities in online worlds like World of Warcraft or Second Life. But what will happen to these accounts upon your death? World of Warcraft will transfer ownership of an account to an immediate family member upon proof of death, and the community has even been known to host virtual funerals. Second Life will turn over account information upon receiving proper notice and documentation.

wowdeath

As with other estate planning stories, the moral is to plan ahead. Here are your action items for planning the disposition of your digital information upon your death:

  1. Select a “digital” executor, someone who you trust to carry out your wishes with respect to your online information
  2. Tell your executor what you want done and give him or her the information needed to carry out your wishes.
  3. Prepare a list of your email and social networking accounts along with your login data and brief details on how to access the accounts.
  4. Update your will to include specific provisions for who will take ownership of your intellectual property and any data that you leave behind.

Stories from the Week that Was – 6/3/12-6/9/12

10 Sunday Jun 2012

Posted by Kenan Farrell in Social Media, Trademark

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Flame, Twitter

New reasons to protect trademarks through registration

Tech-Savvy Seniors: Half of U.S. Adults Over 65 Are Online

Crypto breakthrough shows Flame was designed by world-class scientists

“I am sorry to say that there is too much point to the wisecrack that life is extinct on other planets because their scientists were more advanced than ours.”
John F. Kennedy

Twitter’s first commercial:

Stories from the Week that Was – 5/20/12-5/26/12

27 Sunday May 2012

Posted by Kenan Farrell in Privacy, Social Media

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Cookies, Facebook, NDAA, Twitter

Stories from the Week that Was – 5/20/12-5/26/12

Pakistan Blocks Twitter

The Failures of the Facebook Generation in the Arab Spring

IP-Address Can’t Even Identify a State, BitTorrent Judge Rules

Drones Take Flight For Civilian Use

7 Ways To Get Yourself Detained Indefinitely

UK ‘cookie law’ takes effect: What you need to know

“A patent is property carried to the highest degree of abstraction—a right in rem to exclude, without a physical object or content.” -Oliver Wendell Holmes

Stories from the Week that Was – 5/6/12-5/12/12

13 Sunday May 2012

Posted by Kenan Farrell in Federal Initiatives, Intellectual Property, Legislation, Privacy, Social Media

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Facebook, NDAA, Twitter

Stories from the Week that Was – 5/6/12-5/12/12

A mid-week election saw Richard Mourdock topple long-standing Republican Senator Richard Lugar. Has anybody bothered to ask Mourdock or (Democrat rival) Joe Donnelly’s thoughts on legislation like CISPA and SNOPA? Not this week, when all the talk was about Zuckerberg’s hoodie and President Obama’s evolution on same-sex marriage.

Why the New gTLDs Don’t Matter

Clicking ‘Like’ on Facebook Is Not Protected Speech, Judge Rules

Property rights in the cloud: Your data or theirs?

Twitter Defends User In Court Over Occupy Tweets

Think That Email Isn’t a Contract? Think Again

Facebook bans Grooveshark over copyright complaint

How Should We Measure Damages for Defamation Over Social Media?

Mars Rover Opportunity Rolling Again After Winter Break

New NDAA Would Give the Military Clandestine Cyberwar Powers

“All of my friends who have younger siblings who are going to college or high school – my number one piece of advice is: You should learn how to program.” – Mark Zuckerberg

Stories from the Week that Was – 4/29/12-5/5/12

06 Sunday May 2012

Posted by Kenan Farrell in Copyright, Intellectual Property, Legislation, Patent, Privacy, Social Media, Trademark

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BitTorrent, CISPA, SNOPA

Stories from the Week that Was – 4/29/12-5/5/12

Social Networking Online Protection Act (SNOPA) Introduced To Protect Users From Having To Divulge Personal Info

Why Is a Patent Troll in Luxembourg Suing U.S. Public Transit Agencies?

CISPA: Next Steps

U.S. Copyright Office Seeks to Raise Rates

Judge: An IP-Address Doesn’t Identify a Person (or BitTorrent Pirate)

Feds held seized website Dajaz1.com for a year without proof of copyright infringement

“My words and my ideas are my property, and I’ll keep and protect them as surely as I do my stable of unicorns.” ― Jarod Kintz, This Book is Not for Sale

Stories from the Week that Was – 4/22/12-4/28/12

29 Sunday Apr 2012

Posted by Kenan Farrell in Intellectual Property, Legislation, Patent, Privacy, Social Media, Trademark

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CISPA, Facebook, SNOPA, Twitter

Stories from the Week that Was – 4/22/12-4/28/12

US says intellectual property supports 40 million jobs

How CISPA will affect us [infographic]

Facebook Signs $550M Patent Deal

Judge Adds #Hashtags To Twitter Ruling

House passes CISPA with a vote of 248 to 168

Social Networking Online Protection Act (#SNOPA) Introduced To Protect Users From Having To Divulge Personal Info

Will ’emoticon defense’ disprove cyberbullying?

CISPA: Next Steps

“If you value liberty, privacy and the Constitution, then you will vote no on CISPA.” – Congressman Hank Johnson (D-Ga)

Stories from the Week that Was – 4/15/12-4/21/12

21 Saturday Apr 2012

Posted by Kenan Farrell in Copyright, Federal Initiatives, Intellectual Property, Legislation, Privacy, Social Media

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CISPA

Stories from the Week that Was – 4/15/12-4/21/12

Internet Groups Launch Anti-CISPA Protest

Survey: Social Media Evidence Soaring in Court Case

“Civilization is the progress toward a society of privacy. The savage’s whole existence is public, ruled by the laws of his tribe. Civilization is the process of setting man free from men.” – Ayn Rand

Stories from the Week that Was – 4/8/12-4/14/12

14 Saturday Apr 2012

Posted by Kenan Farrell in Federal Initiatives, Intellectual Property, Legislation, Social Media, Trademark

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Amazon, Facebook, Instagram, JOBS Act, USPTO

Stories from the Week that Was – 4/8/12-4/14/12

President Obama Signs Into Law The Jumpstart Our Business Startups Act

Amazon will now buy your old CDs

Maryland becomes first state to ban employers from asking for social media passwords

Warning from the USPTO Concerning Unofficial Trademark Solicitations

U.S. sees warmest March in recorded history, NOAA reports

SF Students Suspended & Barred From Walking At Graduation Because They Joked About Teachers On A Blog

Facebook To Acquire Instagram For $1 Billion

“Relying on the government to protect your privacy is like asking a peeping tom to install your window blinds.” – John Perry Barlow

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