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IP Issues Streaming & TL (law student perspective)

Blogs > SOB_Maj_Brian
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SOB_Maj_Brian
Profile Blog Joined September 2008
United States522 Posts
January 23 2011 00:01 GMT
#1
Hey everybody,

So I am a 3rd year law student at UC Davis and I wrote a law school piece (a brief) about a hypothetical case pitting Teamliquid against Blizzard in a contributory copyright infringement suit. The class was pass/no pass and I didn't get to flesh out all of my ideas b/c I was in a severe time crunch. But I thought it might be worth a read; perhaps, some of you could consider it as a piece of "legal fiction." It mainly concerns people posting illegal streams to gom events (and other SC tournaments) in the live report thread and a hypothetical scenario where Teamliquid actually makes the re-stream of a major tournament a featured stream. In this situation, Teamliquid might be liable for contributory copyright infringement (not direct infringement b/c they dont actually host the streams i.e., like megavideo or napster, or even youtube (which survived a law suit)). If Blizzard were to do this I would assume they would throw in some trademark violations and some other random causes of action, but the most interesting in my opinion would be the copyright issues, which my piece solely focuses on.

In the brief, I obviously have to invent some facts about the streaming, and I take the side of Blizzard in the situation and argue against TL; however, I do believe TL has some great defenses in the in my invented scenario above.

Feel free to comment (about the content) and ask questions, again this was pass/no pass so the paper I wrote has some unanswered questions, several grammatical errors (probably more like a lot, oops...), and some lack of continuity so you are warned in advance!

Also, I ask that you please read/scan the brief before you post your own ideas. Previous intellectual property (IP) threads on TL really bother me b/c people generally don't understand the law at all while trying to shove their opinion on others(similar to some of the strategy section where people post a lot of nonsensical crap that is completely inaccurate while pretending to be some kind of expert). Similarly, I don't claim to be any kind of true expert either, I simply find copyright law interesting, but my main concentration is in patent law.

Still I welcome any posts, and I am sharing my work b/c I think its a genuinely interesting issue. My above warning is simply meant to keep the blog civil and to encourage people to read before they post.

Anyways, here is the link to the brief http://viewer.zoho.com/docs/xfgcD

Also, I also wrote a blog about hypothetically suing KeSPA in the USA (this was before the actual suit brought in South Korea); it mainly concerns a jurisdiction analysis (nothing on the merits of the case) and can be found here http://www.teamliquid.net/blogs/viewblog.php?id=123597


mahnini
Profile Blog Joined October 2005
United States6862 Posts
January 23 2011 00:54 GMT
#2
wasn't there a case similar to this that involved youtube? i don't think websites should be held responsible for the actions of their users unless the site was being negligent or something.

i didn't read your super long doc but it sounds like a neat exercise.
the world's a playground. you know that when you're a kid, but somewhere along the way everyone forgets it.
SOB_Maj_Brian
Profile Blog Joined September 2008
United States522 Posts
January 23 2011 01:07 GMT
#3
Yep there was, the case is briefly mentioned in the brief. YouTube has lots of procedures built into to prevent contributory infringement including 3 strikes policy and good take down and DMCA compliance. The legal analysis focuses on the nature of the website and what motives they have, so you have to compare whether the situation is more like YouTube or more like Grockster, Napster, or isoHunt.
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