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3 Count: Clubbed Penguin

Plagiarism Today

First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017. The terms of the settlement have not been disclosed.

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Copyright Owners Are Still Suing Over Embedding

Technology & Marketing Law Blog

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” The court also says it can’t consider the evidence that Mediaite used embedding on a motion to dismiss.

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Fair Use Protects High School’s Use of Inspirational Meme–Bell v. Eagle Mountain School District

Technology & Marketing Law Blog

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

Fair Use 116
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5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

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Atari’s Copyright Claim Against State Farm Survives Challenge

Copyright Lately

A screenshot from the (now deleted) social media video at the center of the controversy. In May, State Farm filed a motion to dismiss the lawsuit (read here) , arguing that Atari was “seeking a windfall for the inadvertent and fleeting use of a decades-old arcade game.”

Fair Use 109
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ACE Shuts US-Based Pirate IPTV Services, Poor Security Costs $2m

TorrentFreak

The realm of content protection may yet have an AI savior waiting in the wings, but until a model can accurately determine fair use and conduct complex, error-free investigations, humans retain the upper hand. 2m+ Settlement Agreed The closure of these services will be governed by a settlement agreement between ACE and three U.S.-based

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Court Finds Tweet To Be Fair Use

LexBlog IP

Bell waited almost a year to notify the school that two of its social media accounts had infringed the copyright. The school district removed both posts and told Bell it was a “teachable moment” After settlement negotiations broke down, Bell sued for copyright infringement.