MediaPost | Daily Online Examiner

BuzzFeed Slideshow Leads To Copyright Lawsuit

Tue, 18 Jun 2013 19:31:29 -0400

BuzzFeed has been hit with a copyright infringement complaint that could have a significant impact on how publishers aggregate images for slideshows.The lawsuit, filed in federal court in Manhattan by photographer Kai Eiselein, alleges that BuzzFeed took a photo from Flickr and incorporated it into a slideshow without his permission.

Can Ad Networks And Advocates Close The Gap On Do-Not-Track?

Mon, 17 Jun 2013 19:54:44 -0400

Will the World Wide Web Consortium's effort to forge online privacy standards come to naught? Some privacy advocates are suggesting the answer could be yes.

Analyst: NSA Surveillance Will Raise Awareness About Big Data

Fri, 14 Jun 2013 18:18:06 -0400

The National Security Agency's data collection from Web companies remains top of mind for analysts and online ad industry watchers. At this point, many observers are still waiting for the news to fully sink in -- with consumers as well as lawmakers. For now, news about the NSA surveillance will at least heighten consumers' awareness about online privacy, according to Brian Wieser at Pivotal Research Group. "

Ad Group Warns Of Possible Backlash From NSA Surveillance

Thu, 13 Jun 2013 18:42:07 -0400

For almost one week now, the ad industry has been digesting the revelations that the National Security Agency is engaging in widespread surveillance of communications. It's still too soon to know whether news of the NSA's initiative will lead to a push for new online privacy laws. But some ad industry executives are already expressing concern.

Cable Companies Try To Prevent New Platforms From Gaining Foothold

Wed, 12 Jun 2013 18:45:18 -0400

Cable companies and telecoms apparently are so spooked by the prospect of cord-cutting that they're now paying media companies to withhold shows from technology companies that offer online video, Bloomberg reports today.

Mozilla, Other Web Companies Lobby To Rein In NSA

Tue, 11 Jun 2013 18:50:00 -0400

Search engine Duck Duck Go, browser developer Mozilla and social news site Reddit are among dozens of Web companies and civil rights groups who are calling on Congress to immediately put an end to the National Security Agency's practice of scooping up data about people's communications.

Will NSA Revelations Bring Added Privacy Pressure To Ad Biz?

Mon, 10 Jun 2013 17:57:09 -0400

The recent revelations that tech companies are sharing information about users with the National Security Agency raises a host of unanswered questions, but one of the most pressing for the ad industry is whether the news will intensify efforts to regulate how tech companies can collect and use data.

Universities Garner Support In Battle Against Authors Guild

Fri, 07 Jun 2013 17:26:38 -0400

A broad array of outside organizations is aligning themselves against the Authors Guild in its lawsuit against the universities who worked with Google to digitize books. This week alone, groups ranging from digital rights organizations to law professors to library associations to medical researchers have filed friend-of-the-court briefs in favor of the HathiTrust -- a joint digital storage project of several universities.

FCC Poised To Vote On Wireless Privacy Protections

Thu, 06 Jun 2013 18:38:17 -0400

The Federal Communications Commission will vote at the end of this month about whether to issue new rules requiring wireless carriers to better protect consumers' personal information -- including data about who they call, how long they talk, and geolocation.

FTC's Ohlhausen: Privacy Regs Could Harm Startups

Wed, 05 Jun 2013 18:23:34 -0400

Federal Trade Commission member Maureen Ohlhausen reiterated her view that restricting companies from collecting data about consumers could harm online ad startups. Speaking at a conference of the trade group Digital Advertising Alliance, Ohlhausen said that "reducing the flow of information in the marketplace" could impose barriers to entry by precluding new companies from "obtaining valuable information that incumbents already possess."

FTC To Examine Whether 'Internet Of Things' Poses Privacy Concerns

Tue, 04 Jun 2013 18:40:00 -0400

The so-called "Internet of Things" has drawn the attention of the Federal Trade Commission, which recently announced plans to hold a workshop examining privacy and security issues surrounding the concept. Some consumer advocates say the FTC's move isn't coming a moment too soon.

AOL's $5 Million Data Valdez Settlement Wins Approval

Mon, 03 Jun 2013 19:13:53 -0400

AOL can finally close the chapter on one of the worst privacy breaches of the last decade: the company's decision to publicly release users' search queries. U.S. District Court Judge Claude Hilton in Alexandria, Va. late last month approved a deal that calls for the company to pay around $5 million to settle a class-action lawsuit over the data breach.

CBS Affiliates Say Aereo Pulled Litigation Trigger Too Quickly

Fri, 31 May 2013 16:46:32 -0400

Online video company Aereo recently went on the offensive in court by filing a new lawsuit against 18 CBS local affiliates. The Barry Diller-backed startup is asking U.S. District Court Judge Alison Nathan in New York to declare the service is legal. This week, the local stations responded by arguing that the lawsuit was premature. "Aereo's anticipatory lawsuit should be rejected," the local stations argue in a brief filed with U.S. District Court Judge Alison Nathan in New York.

Judge Questions Google's $6 Million Wireless Spam Settlement

Thu, 30 May 2013 18:27:24 -0400

Google recently agreed to pay $6 million to settle allegations that its app company, Slide, violated a federal text-spam law by sending SMS messages to people without their consent. The agreement calls for the company to set aside some of that money for consumers, but then donate any unclaimed funds to the International Association of Privacy Professionals. But the judge isn't ready to sign off on that deal just yet, according to court records.

Ad Trade Groups Side With comScore In Privacy Case

Wed, 29 May 2013 19:01:39 -0400

The Direct Marketing Association is weighing in on a privacy lawsuit that it says "threatens to rewrite the rules of Internet commerce." The case, which was filed as a potential class-action against online measurement company comScore, was brought in 2011 by two panel members who say they installed comScore's software after downloading a free product -- like a screensaver, game or program that creates greeting cards.

Supreme Court Won't Revive Privacy Lawsuit Against Embarq

Tue, 28 May 2013 18:09:20 -0400

The Supreme Court decided today that it won't hear an appeal of a decision clearing Embarq of liability for working with the defunct behavioral-targeting company NebuAd.

Apple Facing Uphill Battle In Ebook Trial

Fri, 24 May 2013 17:15:04 -0400

Apple is slated to go on trial on June 3 for conspiring to increase the price of ebooks, but at this point any hearing might be a formality. That's because U.S. District Court Judge Denise Cote, who will decide the case, has already said she believes that the Department of Justice will be able to prove that Apple violated antitrust laws.

Penguin Shells Out $75 Million To Settle Price-Fixing Charges

Thu, 23 May 2013 16:45:03 -0400

Penguin will pay $75 million to settle claims by a coalition of state attorneys general that it conspired with other publishers and Apple to increase the price of ebooks. A portion of that money will go to consumers who purchased the publishers' titles, though at this point it isn't known how refunds will be allocated. Penguin was one of five publishers sued by the Department of Justice and a group of state attorneys general for allegedly conspiring to violate antitrust laws.

Airbnb Ruled Illegal In N.Y., User Hit With Four-Figure Fine

Wed, 22 May 2013 17:18:03 -0400

New York City Mayor Michael Bloomberg has made no secret of his hope that the city will become a high-tech hub. But local courts don't seem quite as fond of tech entrepreneurs. Consider, earlier this month an appellate judge blocked Uber from rolling out an app that lets people hail yellow taxis in the city. Uber can continue to operate other services, but faces a potentially lengthy, expensive battle if it wants to roll out its yellow-cab app, which is opposed by groups representing livery car drivers.

AT&T Loosens Video Chat Restrictions

Tue, 21 May 2013 17:10:02 -0400

Changing course, AT&T has decided to allow all users -- including those with unlimited data plans -- to use the FaceTime video chat app on its cellular network.

Aereokiller Agrees To Change Name

Mon, 20 May 2013 16:38:03 -0400

Aereokiller, embroiled in litigation with the TV networks, is putting at least one legal dispute behind it. Founder Alki David agreed to stop calling his online video company Aereokiller, in order to settle a trademark infringement lawsuit brought by its Barry-Diller backed rival, Aereo.

Appeals Court Turns Away Twitter's Challenge To Subpoena

Fri, 17 May 2013 16:55:02 -0400

An appellate court in New York has dismissed Twitter's appeal of a ruling requiring it to turn over the records of Occupy Wall Street protester Malcolm Harris, who was arrested for disorderly conduct during a protest in 2011.

Apple: No 'Direct Evidence' Of Ebook Price-Fixing

Thu, 16 May 2013 17:10:03 -0400

Did Apple conspire with book publishers to end Amazon's $9.99-per-ebook price? That's the question at the center of the government's antitrust lawsuit against the company. Not surprisingly, Apple and the Department of Justice disagree about what the evidence shows. Both sides have now outlined their positions in papers filed with U.S. District Court Judge Denise Cote, who has presided over the government's price-fixing case against Apple and five publishers since it was filed last April.

AT&T Stirs Controversy With Data-Cap Plans

Wed, 15 May 2013 17:00:05 -0400

AT&T CEO Randall Stephenson reportedly confirmed today that the carrier plans to let content companies pay to exclude their material from data caps imposed on wireless subscribers.

Pandora User Seeks To Revive Privacy Lawsuit

Tue, 14 May 2013 16:48:03 -0400

In 2010, music service Pandora was one of the first companies to partner with Facebook for its earliest iteration of the "instant personalization" program -- which automatically shared logged-in Facebook users' names and photos with outside companies.

New Bill Legalizes Cell-Phone Unlocking, DVD Ripping

Mon, 13 May 2013 17:05:03 -0400

Consumers could once again have the right to unlock their cell phones, if a new law goes through. The "Unlocking Technology Act of 2013," proposed by Rep. Zoe Lofgren (D-Calif.), provides that people can tinker with digital locks on software -- the digital rights management technology that prevents people from copying programs -- as long as they aren't doing so in order to infringe copyright.

Data-Cap Exemption For ESPN Raises Neutrality Concerns

Fri, 10 May 2013 18:40:06 -0400

The sports network ESPN reportedly is talking with a major wireless carrier about a deal to exclude the networks' programs from the monthly data caps, according to The Wall Street Journal. If a deal to that effect goes through, consumers would be able to watch as much ESPN as they want without worrying about whether they're going to be throttled or hit with extra fees for exceeding their monthly data allotment.

Righthaven Loses Bid To Revive Lawsuits

Thu, 09 May 2013 18:20:14 -0400

Several years ago, attorney Steven Gibson and the publisher of the Las Vegas Review-Journal cooked up a plan to raise money by suing Web users who reposted news articles on their blogs. To accomplish this, Gibson founded the copyright enforcement outfit Righthaven, with backing from Sherman Frederick, former Review-Journal publisher. The company proceeded to file 300 lawsuits against nonprofits, news outlets and niche bloggers -- like a woman who blogged about cats.

Appellate Judge Says Google Books Offers 'Enormous' Benefits

Wed, 08 May 2013 16:59:55 -0400

The Authors Guild's odds of winning its long-running lawsuit against Google appear to be dwindling, at least judging by comments made this morning by judges at the 2nd Circuit Court of Appeals.

FTC Tells Data Brokers To Follow Consumer Protection Laws

Tue, 07 May 2013 18:30:34 -0400

In its latest move against data brokers, the Federal Trade Commission has warned 10 companies that they potentially violate federal consumer protection laws.