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First off today, Ernesto at Torrentfreak writes that a judge has denied Cloudflare’s request to exclude evidence related to its removal of the white supremacist site the Daily Stormer from its piracy-oriented battle with ALS Scan.
ALS Scan, an adult entertainment publisher, sued Cloudflare claiming that the content delivery network provider was not doing enough to stop piracy on its network. Cloudflare, however, has long maintained that it is not a host and it only removes websites when it is given a court order. However, last year Cloudflare broke that rule by taking down The Daily Stormer, kicking it off its network without first receiving a court order.
ALS Scan asked Cloudflare’s CEO about the Daily Stormer, opening up the possibility it would become evidence at trial. Cloudflare filed a motion to have that evidence barred fearing “guilt by association”. However, the judge in the case has denied that motion, thereby allowing ALS Scan to raise to blocking of ALS Scan at trial, which seems increasingly likely as the two sides have failed to reach a settlement.
Next up today, Gareth Lightfoot at Gazette Live repots that, in the UK, former Kodi box seller Brian Thompson has been ordered to pay a nominal sum of £1 ($1.35) to the state as compensation for operating his business.
Thompson was arrested in June 2015 after his business Free TV Stream Box, was searched by police. He had been selling “fully loaded” Kodi boxes that gave free streaming access to pirated content. After being arrested and charged, it seemed as if Thompson was going to be a test case for the legality of selling such boxes but he abruptly changed his plea to guilty.
Thompson was given an 18-month suspended sentence and, after a recent hearing under the Proceeds of Crime Act, it was revealed that Thompson had no assets and any profits from the sales were long gone. As such, the court ordered him to pay a nominal amount, just £1, to settle that portion of the case.
Finally today, Elisabeth Heleba at Resource Magazine reports that photographer Adrienne Row-Smith had a battle with an (as of yet) unnamed band and record label over the misuse of some of her photographs on the band’s website.
According to Row-Smith, she took the images while on a freelance assignment for Monkey Goose Magazine. Someone who works for the band or their label, then took the photos and, after some alterations, put them up on the band’s website. This prompted Row-Smith to ask for their removal but the representative asked for a price. In response, she quoted $50.
However, according to Row-Smith, when she attempted to follow up on the situation, the representative became abusive toward her, accusing her of “harassing” the band and saying that the price is outrageous because she has been paid in exposure and her images weren’t that good anyway. Row-Smith did not reveal the band, saying the wanted to highlight the kind of treatment photographers get when asking to be paid for their work.
That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.