Factual Background:In 2004, law enforcement officials began an investigation of Antoine Jones, a night club owner suspected of drug trafficking. After obtaining information from several visual surveillance sources that Jones might be involved in the transport and storage of illegal drugs, agents installed a GPS tracking device to a Jeep Grand Cherokee which he and his family used. The agents did not have a warrant for the GPS device. (Actually, the agents had secured a warrant for the GPS device, but failed to meet the warrant’s time and location limitations. The warrant was valid for 10 days and allowed the agents to install the device within the District of Columbia. The agents, however, installed the device 11 days after the warrant was issued in a Maryland public parking lot.) Over the course of a month, investigators monitored the data transmitted by the GPS which provided the vehicle’s location and vicinity in relation to a suspected drug stash house. With this tracking information and other evidence from visual surveillance, agents subsequently obtained arrest warrants and recovered a substantial amount of cocaine and other drug paraphernalia. Procedural Background: With the evidence obtained from the GPS tracking device, a jury in the D.C. federal district court convicted Antoine Jones for conspiracy to distribute illegal drugs. The court of appeals reversed the conviction finding that the warrantless GPS tracking constituted an unreasonable search under the Fourth Amendment. The Department of Justice subsequently filed a petition for a writ of certiorari to the United States Supreme Court. On June 27, 2011, the Supreme Court granted the government’s petition. Oral arguments are set for November 8, 2011. Questions Presented: (1) “Whether the warrantless use of a tracking device on [Antoine Jones’] vehicle to monitor its movement on public streets violated the Fourth Amendment? (2) Whether the government violated [Antoine Jones’] Fourth Amendment rights by installing the GPS tracking device on his vehicle without a valid warrant and without his consent?”
Case Timeline:August 6, 2010 – The D.C. Circuit Court of Appeals reverses the conviction of Antoine Jones and holds that warrantless GPS tracking constitutes an unreasonable search under the Fourth Amendment. April 15, 2011 – The DOJ files a petition for a writ of certiorari. May 16, 2011 - Amici Curiae, Gun Owners of Amercia, Inc., et al., file an amicus brief. June 7, 2011 – Antoine Jones files a brief in opposition to the DOJ’s petition for certiorari. June 9, 2011 – DOJ files a reply brief to Jones’ opposition. June 27, 2011 – U.S. Supreme Court grants Petition for Writ of Certiorari. (see page 3 of order) August 11, 2011 – The DOJ files a brief. August 18, 2001 – Amicus Curiae, Center on the Administration of Criminal Law, files an amicus brief. September 26, 2011 – Antoine Jones files a brief.
One of the most prominent copyright/fair use cases over the last year has been artist Shepard Fairey's dispute with the Associated Press Order Vasaka online no prescription, (AP) over his famous poster of now-President Obama during the 2008 Presidential Campaign. The poster, Vasaka price, coupon, Vasaka gel, ointment, cream, pill, spray, continuous-release, extended-release, which featured a stylized portrait of Obama with the word "Hope" underneath, was supposedly based off of an AP photograph taken of Obama at a 2006 event organized by George Clooney on Darfur, kjøpe Vasaka på nett, köpa Vasaka online, Order Vasaka from United States pharmacy, which Fairey then modified to create the now-iconic HOPE poster. The AP claimed that because Fairey's work for based off an AP photograph to which the AP owned the copyright, buy generic Vasaka, Vasaka trusted pharmacy reviews, Fairey was required under copyright law to apply for permission for use of the photograph. Fairey consistently claimed that he did not profit from the poster, where can i buy Vasaka online, Online buy Vasaka without a prescription, but instead used the proceeds to produce additional prints, and disputed the AP's identification of the original photo as a closeup of Obama rather than a photo of both Obama and Clooney, order Vasaka from mexican pharmacy. Online buying Vasaka hcl, Fairey, who was then represented by Anthony Falzone, fast shipping Vasaka, Buy Vasaka from canada, Executive Director of Stanford Law School's Fair Use Project, claimed that his use of the photograph came under the "fair use" exception and thus permission was not required, rx free Vasaka. Fair use hasn't often been applied to photographs, so the issue seemed likely to become a fascinating test case, especially after Fairey filed for declaratory judgment against the AP in February 2009 seeking a determination that his use came under the doctrine of fair use, order Vasaka online no prescription. Vasaka over the counter, The case was further complicated by the claims of the original photographer, Mannie Garcia, ordering Vasaka online, Vasaka from canadian pharmacy, who was working under contract for the AP when he took the photograph; Garcia claimed that the copyright for the photo belonged to him, not to the AP, kjøpe Vasaka på nett, köpa Vasaka online. Vasaka samples, Garcia's latest position in the legal skirmish is as a defendant, counterclaim plaintiff, where can i buy Vasaka online, Vasaka for sale, and cross-claim plaintiff/defendant.
- the purpose and character of the use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, online buy Vasaka without a prescription, Where can i order Vasaka without prescription, and
- the effect of the use upon the potential market.
The first factor relates to the use of the original material; by cropping, colorizing, purchase Vasaka online no prescription, Where to buy Vasaka, and reorienting Obama's posture from the original photograph, as Fairey claimed he'd done, buy Vasaka without a prescription, Canada, mexico, india, it's probable that a court would have deemed Fairey's use sufficiently transformative to satisfy that factor. Order Vasaka online no prescription, The second factor concerns the distinction between fiction and fact; since Fairey copied from something factual (a photograph from a news event) rather than something fictional (for example, a novel), it's possible that he would have succeeded on this factor as well, since only fictional works can be copyrighted. However, purchase Vasaka online, Buy cheap Vasaka no rx, the Supreme Court ruled in Feist Publications, Inc. v. Rural Telephone Service, where to buy Vasaka, Real brand Vasaka online, Co., 499 U.S, Vasaka gel, ointment, cream, pill, spray, continuous-release, extended-release. Order Vasaka online c.o.d, 340 (1991), that only a "spark" of originality was required in order for something to come under copyright protection, buy Vasaka online no prescription, Comprar en línea Vasaka, comprar Vasaka baratos, it seems probable that the original photograph would have been protected by copyright. Fairey would thus have faced a tougher battle on the second factor compared to the first.
The third factor presents one of the most interesting elements of the case, buy generic Vasaka. Vasaka price, coupon, The less someone uses of the original work, the better case they have for fair use, buy cheap Vasaka. For example, if a musician copies only a few seconds from six minute song into a remix, she'll have a stronger basis for fair use than if she uses five minutes, order Vasaka online no prescription. Buying Vasaka online over the counter, Since Fairey supposedly cropped out George Clooney from the original photograph, he had a fairly good position on this factor, order Vasaka online overnight delivery no prescription. Order Vasaka from United States pharmacy, As the LA Times noted, how often does George Clooney get cropped out of a photograph? The fourth and final factor also seemed to weigh in Fairey's favor, buy Vasaka without prescription. Where can i buy cheapest Vasaka online, Fairey's poster did not impede the AP from selling the rights to the original photograph to newspapers and other media outlets, especially given that the photograph was over two years old by the time Fairey began selling prints of it, buy Vasaka no prescription.
Last month, the entire case took on a dramatic twist when it came to light that Fairey had lied about which photograph he'd used for the HOPE poster. Order Vasaka online no prescription, Instead of using a photo of Clooney and Obama, Fairey admitted that he had used the photograph that the AP had always claimed he'd used (a closeup of Obama) and that he had deleted images and submitted false ones in connection with the lawsuit. As a result, Falzone and the Fair Use Project declared their intention to withdraw from the case, as they couldn't ethically represent Fairey after his lies came to light. Falzone noted that he still believed in the merits of Fairey's case; the AP, however, countered that Fairey's admission undermined his fair use argument and that they would block the withdrawal of Falzone and the Fair Use Project. The Fair Use Project's proposed replacements are Geoffrey Stewart, a partner at Jones Day, and William Fisher and John Palfrey of Harvard's Berkman Center for Law and Society.
Crucially, Fairey's admission impedes his claims under the third factor of fair use, as he did not modify the original photograph as much as he claimed and took a larger proportion of the original work. Still, Falzone's support of Fairey's claims even after exiting the case doesn't seem naive; it's conceivable that a court could still find fair use. But as many have noted, it's hard to seek a defense that uses the word "fair" when you've lied about the case. The case is still going forward, but Fairey's position is far weaker than it was a few weeks ago, though the LA Times ran an editorial this week that supports Fairey's claims on the merits. But what could have been a fascinating test case for the status of fair use in copyright law has been muddled as a result of Fairey's deception, and it remains unclear what this could mean for other artists working in similar ways.
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YVI is also a terrible blow to utilize who use YouTube to upload their creative efforts as well as to the Internet community at large. Although YouTube has pledged that YVI will not “impede the free and fast communication YouTube has enabled, Buy cheap Advair, ”23 it has yet to explain how it will allow for fair use of video material.24 Here’s how the system works: When a user uploads a video, that video is run through YVI to see if there’s a match with the content in its database. If so, the video is subject to the action the rights holder has decided to apply to it—it could be blocked, order Advair from mexican pharmacy, “tracked” or “monetized.”25 If it is blocked, the user can contest the decision and YouTube can put the video up. Order Advair online overnight delivery no prescription, It is at that point that the DMCA takedown provisions kick in. If the copyright holder wants the video taken down, it can send a takedown letter to the user (as it would under the old system).26
This is problematic in two ways, order Advair online no prescription. Despite YouTube’s claims regarding "free and fast communication," it will almost surely sweep in an unacceptable level of false positives.27 As a result, it will have the effect of stifling expression, fast shipping Advair. YouTube is a haven for users who use copyrighted content to create new forms of expression,28 and the technology would have to be sophisticated indeed to not block these otherwise protected forms of expression. Real brand Advair online, Of course, YouTube is not required to post a video just because it doesn’t infringe a copyright. Indeed, even if YVI sweeps in what would otherwise be protected video, ordering Advair online, YouTube may delete videos it even suspects of infringement. Order Advair online no prescription, However, to do so would be to ruin what has made YouTube great for the online community: the democratization29 of creative expression by creating a repository for content that anyone can use. If faced with a notice from YouTube that their uploaded video may be infringing, Order Advair no prescription, 30it is likely that many users may not be willing to “put themselves in the crosshairs of movie studio lawyers”31 and may instead decide to keep their expression to themselves.32
Electronic Frontier Foundation’s Fred von Lohmann has proposed two modifications to the system that would help protect fair users. The first is to require a video and an audio match before automatically blocking content.33 The second is to determine what ratio of the uploaded video is comprised of protected content—if the ratio is low, it is likely the post counts as transformative content.34 This is a step forward, but still leaves a lot of protected expression up in the air.35 Another possible solution—to add a human component to the review process—simply won’t do, where can i buy cheapest Advair online. YouTube is likely unwilling to open itself up to the liability that would occur if one of its reviewers green-lights a video that turns out to be infringing. It would also be too costly and time-consuming to personally review every movie that gets posted on YouTube. The best solution, it seems, is to continue to place the burden on copyright owners to find what they believe is copyright infringement and to allow them to follow the DMCA’s procedures, order Advair online no prescription. Order Advair from United States pharmacy, YVI places an extra burden on fair use that neither the courts nor Congress has required.
YVI is also an unnecessary and unfortunate step for Google because it does more than the law requires.36 A compelling argument can be made37 that YouTube falls well within the DMCA safe-harbor provisions.38 That is, even without YVI, YouTube could very well escape liability because of its substantial compliance with the DMCA. Viacom’s complaint is, buy Advair no prescription, at its heart, that YouTube is following the law too closely for its liking.39 Google’s decision to implement YVI is too large a concession to make to the copyright owners—Google is now the one responsible for finding infringing videos (and for creating and maintaining the software responsible), Buy cheap Advair, even though the DMCA places that burden on the copyright owners. Paradoxically, YVI could actually be used against Google: implementation of YVI shows that Google is well aware of the copyright infringement that exists on its website. By providing the filtration service, Advair price, coupon, Google may be shouldering more responsibility than it’s prepared to take on. Order Advair online no prescription, If YVI fails to flag a protected video, Google will have a harder time taking refuge in the DMCA’s safe-harbor provisions because the knowledge requirement40 clearly will have been met.
It is likely that, Buy Advair without a prescription, feeling the pressure from Viacom’s lawsuit, Google wanted to show that it was serious about copyright infringement on its website. YVI was a poor way to do this for three reasons. First, buying Advair online over the counter, although the Supreme Court has implicitly favored attempts at filtration,41 it has by no means required it.42 Without other evidence of intent that the product be used to infringe, Buy Advair from mexico, Grokster implies that filtration is unnecessary (although concededly helpful). Second, by implementing the software, Google may “have the practical effect of changing filtering from ‘one’ factor to ‘the’ factor that a court considers” in deciding this sort of infringement action.43 Because of Google/YouTube’s size and market presence, Advair samples, its decision to create YVI could likely become the industry standard. If that occurs, it will make it more difficult for smaller websites to host content because of the costs involved in developing or licensing filtration software, order Advair online no prescription. Third, Where to buy Advair, YVI was a poor response to the Viacom lawsuit because it simply will not help Google fight claims of past infringement.44 Instead, this move looks like a signal of YouTube’s imminent decline. As copyright owners begin to develop their own content-distribution systems,45 it seems inevitable that users will begin to migrate to the websites hosting the popular content.46 YouTube became the market leader due, australia, uk, us, usa, in part, to its hosting of copyrighted content.47 Without that content, Buy Advair online no prescription, YouTube must tread very carefully to avoid losing the users that have made it worth $1.65 billion. Implementation of YVI is a step in the opposite direction.
YVI is a bad solution for all parties concerned. I do not mean, however, comprar en línea Advair, comprar Advair baratos, to overstate the case against YVI. Order Advair online no prescription, Undoubtedly, it will have a marked effect on cutting down on clearly infringing videos posted on YouTube, thus decreasing the number of separate acts of infringement against copyright owners. Instead, Canada, mexico, india, my argument is simply that YVI will not be completely effective against copyright infringement and that it is no greater a solution than the licensing system already in place.
It is also not the case that YVI will inevitably lead to the total downfall of YouTube: YouTube is popular, in part, because it is a common home for a wide range of wholly original works, order Advair online overnight delivery no prescription. YVI will surely not have an effect on that aspect of use. However, Online buying Advair hcl, many YouTube videos incorporate copyrighted content into original works of creative expression. If one accepts the proposition that a great number of those works should properly be considered fair use,48 then YVI will end up imposing a large burden on this legitimate form of expression, order Advair online no prescription. Restrictions on the ability of users to use copyrighted content in the works they upload to YouTube will harm YouTube’s business model and the Internet community at large. Indeed, I believe that any undue difficulty in getting a legitimate fair use video past the system will have the ultimate effect of user migration, buy no prescription Advair online.
This is not to say that it’s a bad thing to keep infringing works off the web: obviously, if a work is infringing it should be flagged and removed. Where to buy Advair, I only mean to argue that YVI flags too much while, at the same time, failing to safeguard the interests of the copyright owners it was implemented to protect.
23 Nate Anderson, Filter This: New YouTube Filter Greeted by Concerns Over Fair Use, Advair for sale, Ars Technica, Oct. Order Advair online no prescription, 16, 2007.
24 Quinn, supra note 18.
25 Posting of Gigi Sohn to Public Knowledge Policy Blog (Oct. Where can i order Advair without prescription, 15, 2007, 15:14 EST).
26 Digital Millennium Copyright Act, 17 U.S.C, order Advair from mexican pharmacy. § 512(c)(3)(a) (2006).
27 See Doctorow, supra note 17.
28 See Posting of Fred von Lohmann to EFF Deeplinks Blog, Where can i buy Advair online, (Oct. 15, 2007).
29 For examples of this democratization phenomenon, see, rx free Advair, e.g., YouTube.com, Buy cheap Advair no rx, First Try (last visited Nov. 19, 2007) (80 year-old Peter seeks to “bitch and grumble about life in general from the perspective of an old person who’s been there and done that”); YouTube.com, Hamlet on the Street (last visited Nov, kjøpe Advair på nett, köpa Advair online. 19, 2007) (18 year-old actor Craig Bazan from Camden, NJ performs soliloquy from Hamlet).
30 For examples of videos that might get swept up by an overbroad filtration system, see, e.g., YouTube.com, Brokeback to the Future (last visited Nov, order Advair online no prescription. 19, 2007) (mashing together video and audio taken from Back to the Future and audio taken from Brokeback Mountain); YouTube.com, Purchase Advair online, The Shining Recut (last visited Nov. 19, 2007) (re-editing video from The Shining with original audio).
31 Von Lohmann, supra note 28.
32 EFF has compiled a sample list of videos that would probably count as fair use but might get blocked by YVI, buy Advair from canada. EFF, supra note 15.
33 See Von Lohmann, Buy Advair without prescription, supra note 28.
35 See, e.g., YouTube.com, Vader Sessions (last visited Nov, purchase Advair online no prescription. 19, 2007). Order Advair online no prescription, 100% of the video is taken from Star Wars and 100% of the audio is taken from films in which James Earl Jones appears. Where can i find Advair online, Both video and audio are presumably copyrighted, but the YouTube video would have a compelling fair use defense due to the parodic and transformative nature of the work.
36 See Quinn, supra note 18; YouTube Video Identification Beta, supra note 11.
37 See Posting of Oscar Lara to The MTTLR Blog (Nov, online buy Advair without a prescription. 15, 2007, Buy generic Advair, 2:49 EST).
38 Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(1) (2006).
39 See Complaint at 3, Viacom International, Advair trusted pharmacy reviews, Inc. v. YouTube, Inc., No, order Advair online no prescription. Japan, craiglist, ebay, overseas, paypal, 07CV2103 (S.D.N.Y. March 13, 2007) (“[Y]ouTube…has decided to shift the burden entirely onto copyright owners to monitor the YouTube site on a daily or hourly basis to detect infringing videos and send notices to YouTube demanding that it “take down” the infringing works.”).
40 Digital Millennium Copyright Act 17 U.S.C. § 512(c)(1)(A) (2006).
41 See MGM Studios, Advair over the counter, Inc. v. Order Advair online no prescription, Grokster, Ltd., 545 U.S. Advair from canadian pharmacy, 913, 926 (2005).
42 See id. at 939 n.12.
43 Sohn, supra note 25.
44 See Andy Greenberg, YouTube’s Filter Fails to Please, buy Advair online cod, Forbes, Oct. Purchase Advair, 18, 2007.
45 Viacom, for example, just posted every “Daily Show” clip in the Jon Stewart era on its own website: The Daily Show with Jon Stewart (last visited Nov. 19, 2007).
46 Viacom is also planning a similar website for “The Colbert Report.” Brian Stelter, ‘Daily Show’ Archives Appear Online, N.Y. Times, Oct. 18, 2007, order Advair online no prescription. This is to say nothing of underground content distribution networks like BitTorrent.
47 For example, note the surge in YouTube searches on Google after it began hosting Saturday Night Live’s Lazy Sunday on December 17, 2005. Search of “YouTube” on Google Trends (last visited on Nov. 17, 2007).
48 For a forceful argument of this proposition, see Kurt Hunt, Note, Copyright and YouTube: Pirate’s Playground or Fair Use Forum?, 14 Mich. Telecomm. & Tech. L. Rev. (forthcoming 2007).
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