3 Count: Medical Challenge

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1: Copyright Development: Challenge to Medical Device “Right to Repair” Permitted Under APA

First off today, David Cavanaugh and Mitch Santos at JD Supra report that the Court of Appeals for the DC Circuit has ruled that decisions made by the Library of Congress regarding exemptions under the Digital Millennium Copyright Act (DMCA) can be challenged under the Administrative Procedure Act (APA).

The DMCA was passed in 1998 and aimed to update US copyright law for the digital age. One provision made it unlawful to circumvent copyright protection exemptions. However, the law gave the US Copyright Office and the Library of Congress the power to create exemptions as part of a triennial process. The Library of Congress created such an exemption in 2021 to make repairing medical devices containing copyright-protected software easier.

However, the APA is a 1946 law governing how administrative agencies propose and establish regulations. Medical manufacturer Medical Imaging & Technology Alliance sought to challenge the Copyright Office ruling using the APA but was denied by a circuit court. They appealed, and now the appeals court has ruled that the DMCA anti-circumvention rulings can be challenged under the APA.

2: UK ISPs Blocked 7,000+ Piracy Domains in the First Six Months of 2024

Next up today, Andy Maxwell at Torrentfreak writes that internet service providers in the United Kingdom blocked some 7,000 domains and subdomains reported as offering pirated content during the first six months of 2024.

The majority of the blocks were performed by broadcaster Sky UK, which blocked over 5,400 domains. Other entities, such as the British Phonographic Industry and the Motion Picture Association, blocked less than 1,000 each. Other entities blocked less than 100.

This year is the thirteenth year of the system’s history. However, as the article notes, this doesn’t cover “special event” site blocking that deals with live events. These are confidential and not detailed by the courts.

3: Starbucks Just Sued this Weed Business for Copying its Logo

Finally today, Grace Snelling at Fast Company reports that Starbucks has filed a lawsuit against Starbuds Flowers, a New York City-based mobile marijuana retailer, over alleged infringement of the Starbucks logo.

According to the lawsuit, the company has used an outdated Starbucks logo to promote its products and services. Their version includes both the double-ring circle and the same mermaid. However, where the Starbucks logo just features the mermaid, the Starbuds one features a mermaid smoking marijuana and surrounded by smoke.

As such, Starbucks claims that the logo and name represent copyright and trademark protection. They claim to have first used their logo in 1987. This is the latest in a busy week for Starbucks, which has also targeted other coffee and apparel companies for similar alleged infringements.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.