By Susanna Lichter
FTC Proposes Stricter Rules for Web Sites Visited by Children
The Federal Trade Commission recently proposed new regulations that would require third party advertising applications to comply with the Children’s Online Privacy Protection Act (COPPA), the New York Times reports. COPPA, which took effect in 2000, currently requires web site operators, but not website add-ons, to notify parents and obtain consent when personal information is collected from children under 13 years of age. In addition to extending COPPA to third parties, the proposed rule would change the present requirement that websites attracting both children and adults treat all visitors as children, allowing a web site to screen users by asking their age and applying COPPA privacy protections only to those who say they are under 13. Websites whose content is anticipated to attract primarily children would still be required to treat all users as children, however.
Appeals Court Says Embedding is Not Infringement in Flava Works, Inc. v. Gunter
On Thursday the Seventh Circuit Court of Appeals ruled that myVidster, a site that allows users to “bookmark” web videos by embedding them on its site surrounded by ads, was not liable to pornography producer Flava Works for copyright infringement when myVidster users embedded copies of Flava videos on myVidster. Flava Works, Inc. v. Gunter, No. 11-3190 (7th Cir. Aug. 2, 2012). Judge Richard Posner, writing for a unanimous three-judge panel, reasoned that because simply viewing an infringing copy of a video isn’t copyright infringement, and the underlying data is actually being streamed directly from third-party servers to user computers, myVidster was not guilty of direct copyright infringement. Posner also found that myVidster was not liable for secondary copyright infringement, comparing myVidster’s level of inducement of its user’s actions to a bookstore from which a thief steals a copyrighted book and reads it: a “bad thing to do,” but not one that violates the rights conferred by the Copyright Act. Posner further requested that Congress clarify how copyright law should be applied in the age of Internet video.
Jury Trial Begins with Testimony by Phil Schiller in Apple v. Samsung
Phil Schiller, Apple’s senior vice president of worldwide marketing, testified in the Apple Inc. v. Samsung Electronics Co. trial Friday that Samsung outright copied all of Apple’s patented design, according to Wired. Apple claims Samsung is infringing on design patents for the iPhone and iPad and utility patents while Samsung claims Apple is infringing on its patent holdings. During questioning by Apple’s legal team Schiller explained his reaction to Samsung’s product, saying “I was pretty shocked when I saw the Galaxy S phone and the extent to which it appeared to copy Apple’s products” and that his “first thought was they’re going to steal our whole product line.” Addressing the issue of consumer “confusion” on cross examination Schiller testified “I looked at this phone and it was my opinion that Samsung has ripped off a number of our design elements and in doing that may be causing confusion.” The two companies have been embroiled in court battles for over a year. The jury trial for the case commenced Monday.