Michele is about to launch a startup, and she has a website for it, but she found out that her website has been copied from another company. What can she do? Leo says that unfortunately, that kind of stealing can't really be prevented. She does have intellectual property copyright and it would help to have that expression on the website to spell it out. But the bottom line is it is difficult to prevent. She could write a cease and desist, but it's kinda like "wack a mole." Shut one down, and another pops up. If they're a well-known company, she can shame them or threaten to sue.
George is having issues viewing images on Google Images and downloading them. Leo says that was due to users not buying clipart anymore when they can simply go to Google Images and download them for free. He can still save them, but technically it is piracy. That's why Leo recommends going into the tools section under "rights" and selecting "creative commons" or "approved for reuse".
George wants to know if he can use copyrighted images on his podcast if he is doing so just to make comments. Leo says that there is something called "Fair Use," which is rather fuzzily mentioned in the Digital Millennium Copyright Act. It doesn't prevent anyone from suing him, but he can use Fair Use as a defense, if he presents it right. They may sue him if they believe it diminishes the value of the image, though. He won't go to jail or anything, but if he loses, it will cost him. It depends on if he wants to defend himself legally. It's always better to ask permission.
Sam used to have Windows Home Server, but since Microsoft killed it, he's been looking for an alternative and found Drive Bender. It uses a technique called Drive Pooling and it enables him to hotswap drives and rebuild them so he doesn't lose data when a drive fails.
Louis is concerned that John Deere has taken the attitude that farmers don't really own the tractors they buy, and as such, they refuse to provide support to repair the software that drives the tractor. Because computer code snakes through the DNA of modern tractors, farmers receive “an implied license for the life of the vehicle to operate the vehicle” but do not own it.
Robin Thicke and Pharrel Williams lost a $7.3 million dollar copyright case this week to the estate of Marvin Gaye. They stated that the singers copied the 'feel' and 'vibe' of Gaye's hit "Got to Give it Up" with the Thicke hit "Blurred Lines." Critics state that the decision could be disastrous for the music industry.
Aereo CEO Chet Kanojia sent an email out to his customers today saying that Aereo's service has been "paused" after what they called a "massive setback." The Supreme Court decided this week that Aereo's service violated copyright law. Leo says a pause is an understatement and he doesn't think Aereo can come back from this.
John wants to know if the software available at the Internet Archive is legal to download. Leo says that the Internet Archive is a very interesting project. A record of life in the 20th century. It saves websites, audio, video, and even computer software. It's fantastic. But it may not be legal to download software from it. Since it's archival, Leo says it's probably safe to enjoy since the industry basically ignores it. Sooner or later, it'll have to be addressed by both parties, though.
Petros has a fitness business with bootcamps and he has locations all over the world. He wants to deliver a monthly mix tape. Leo says that copyright won't allow that and he'll have to license that music in order to play that in his business.
One way he can bypass it is to use Pandora. Pandora has a business version starting at $25 a month that takes care of all the license fees. XM Satellite radio also has a business service.
The Copyright Alert System (CAS) is being instituted by ISPs this week, which will create a "six strikes" protocol that will enable ISPs to blacklist you and cause your internet service to be degraded and potentially banned for life. Those who run afoul of CAS will also be required to complete an online copyright prevention class.
Leo says the worst part is that there's no conviction because it isn't a law. This means there's no due process, and that's a crime.