3 Count: Judicial Review

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1: Supreme Court Rules Kim Dotcom Can be Extradited – Subject to Judicial Review

First off today, Tom Pullar-Strecker at Stuff reports that the Supreme Court of New Zealand has ruled that former Megaupload head Kim Dotcom can be extradited to the United States but only after a judicial review of a copyright-related issue in the case.

In January 2012 Dotcom, along with others involved with the website Megaupload, were arrested in New Zealand, where German-born Dotcom resides. The move came after the United States accused Dotcom of various crimes related to the site including criminal copyright infringement and money laundering.

Since then, the United States has been fighting for the extradition of Dotcom and the co-accused but the case has dragged on through appeals, finally reaching the New Zealand Supreme Court. To that end, the Supreme Court has denied his appeal, setting the stage for extradition pending a judicial review on a copyright argument in the case, setting the stage for yet another hearing and possibly more appeals.

2: ‘Enola Holmes’ Producers Blast Copyright Infringement Suit from Conan Doyle Estate

Next up today, Ashley Cullins at The Hollywood Reporter Esquire reports that the producers of the 2020 Netflix film Enola Holmes have hit back at a lawsuit filed against them by the state of Sir Arthur Conan Doyle saying that the estate is attempting to force them to pay for using characters and works that are in the public domain.

According to the original lawsuit, though the vast majority of the original Sherlock Holmes stories are in the public domain, several from later in Doyle’s life are not. The lawsuit claimed that the film pulled elements from those still in-copyright stories and used them in the movie.

In their reply, the producers claim that, even if the elements in question were only part of copyright-protected Holmes stories, copyright law does not protect such generic character elements. Furthermore, they pointed to several public domain works that feature the same or similar characters. The producers also addressed trademark claims, saying that the estate can not use trademark law to protect what copyright law can’t. As such, the producers have asked the court to dismiss the case.

3: Top Fortnite Streamer On the Verge of Getting Banned From Twitch

Finally today, Aakrit Sharma at Essentially Sports reports that Fortnite streamer Clix is in danger of being banned from Twitch after receiving a pair of DMCA notices over audio in his stream.

Clix is a professional player for NRG eSports and a regular Fortnite streamer on Twitch. However, a recent spate of DMCA takedown notices has bitten his channel twice. The first was over a donation sound he had used for two years and the second was over a clip that was created in July 2019.

According to a tweet by Clix, if he receives a third he could face a ban on Twitch, where he currently has some 2.6 million followers.

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