Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that the concept of an ‘effective technological measure’, for the purposes of Article 6(3) of that directive, is capable of covering technological measures comprising, principally, equipping not only the housing system containing the protected work, such as the videogame, with a recognition device in order to protect it against acts not authorised by the holder of any copyright, but also portable equipment or consoles intended to ensure access to those games and their use. It is for the national court to determine whether other measures or measures which are not installed in consoles could cause less interference with the activities of third parties or limitations to those activities, while still providing comparable protection of the rightholder’s rights. Accordingly, it is relevant to take account, inter alia, of the relative costs of different types of technological measures, of technological and practical aspects of their implementation, and of a comparison of the effectiveness of those different types of technological measures as regards the protection of the rightholder’s rights, that effectiveness however not having to be absolute. That court must also examine the purpose of devices, products or components, which are capable of circumventing those technological measures.In that regard, the evidence of use which third parties actually make of them will, in the light of the circumstances at issue, be particularly relevant. The national court may, in particular, examine how often those devices, products or components are in fact used in disregard of copyright and how often they are used for purposes which do not infringe copyright. Read the full judgment eng | ita
Google is making image search more convenient for those who are seeking pictures to use in their publications or personal works — it is letting you sort images by licensing rights under “Search Tools”. Previously, the option to sort search results by licensing rights was found under the “Advanced Image Search Page” and therefore much more inaccessible. In fact, a lot of users might not even have noticed that such an option existed. A minor tweak to its placement will no doubt help to raise awareness. In July last year, Microsoft’s Bing also introduced the option to let users filter image search results by usage rights.
MPEG LA, LLC has announced that a group of 25 companies have agreed on HEVC license terms expected to issue as part of an HEVC Patent Portfolio License in early 2014. High Efficiency Video Coding (HEVC, also known as H.265 and MPEG-H Part 2) is a standard designed to improve video coding efficiency for the benefit of Internet and mobile service providers and consumers with increased speed and capacity. HEVC is also expected to deliver next generation higher resolution HDTV video displays for 4K and 8K Ultra High Definition TV (“UHDTV”). “As contemplated, the HEVC license will utilize a modern streamlined pool licensing approach with simple easy-to-understand terms making the technology readily accessible to the largest possible market in the shortest possible time,” said MPEG LA President and CEO Larry Horn. “MPEG LA salutes the cooperation of patent owners who have worked hard to reach common ground in making a joint patent license available for the convenience of HEVC adopters. As a result of their efforts, consumers benefiting from a marketplace of competitive technology choices will be the clear winners”. As work continues on evaluating patents for essentiality and concluding terms in final agreements, the license is currently supported by 25 prospective HEVC essential patent holders including Apple Inc., Cisco Technology Inc., Fraunhofer-Gesellschaft, Hitachi Maxell ltd., JVC Kenwood corp., LG Electronics inc. and NEC corp. In its effort to include as much essential intellectual property as possible in one license for the benefit of the marketplace, MPEG LA continues to welcome the submission of issued patents for an evaluation of their essentiality to the HEVC Standard.
From today, January 1st, writings published during Joyce’s lifetime – Dubliners, A Portrait of the Artist as a Young Man, Ulysses and Finnegans Wake – are available for publication and quotation without reference or payment to the James Joyce estate. Joyce died on January 13th, 1941; originally, copyright in these works in Britain and Ireland extended for 50 years, until 1991. However, some two years after that date, EU copyright law was harmonised to bring it into line with German practice and the period was extended to 70 years. The end of copyright protection will enable creative artists and theatre companies to stage adaptations and re-enactments. Public broadcast will also be possible. Joyce’s solitary play, Exiles , can also be freely staged, and productions are likely.
Mozilla has announced the launch of Aurora, a new Firefox release channel that is intended to open up experimental Firefox features to a broader audience of testers. The Aurora channel will serve up a stream of Firefox builds that are less fragile than the nightly builds but not as stable as official pre-releases. Mozilla is transitioning to shorter release cycles and a more incremental development model. The organization aims to deliver three more major Firefox releases this year, bringing the open source Web browser’s version number up to 7. The transition will require much more intensive testing throughout the open source development cycle. Launching the Aurora channel and increasing concurrent testing is one part of Mozilla’s strategy for preserving its high standards of quality assurance as it transitions to shorter development cycles. As part of the transition to the channel model, Mozilla is also going eliminate the need for freezes on the mozilla-central repository during stabilization—effectively making it possible for new code to continue landing in trunk throughout the whole cycle. Mozilla already offers a nightly build channel, which is codenamed Minefield. The Minefield builds are produced by an automated build server based on the latest Firefox code in Mozilla’s version control system. Firefox contributors and some adventurous testers routinely experiment with the nightly builds and submit bug reports to Mozilla based on issues that they encounter. The nightly builds have long been a great way to ride the burning edge of the Firefox trunk, but are subject to breakage. The quality of the nightly builds tends to fluctuate considerably throughout the development cycle. The lack of predictability makes it generally unsuitable for day-to-day use. Mozilla is offering Aurora as a more robust alternative to nightly builds with the aim of making early-stage testing palatable to a slightly more mainstream (and much larger) audience of software enthusiasts. The Aurora builds are available for users to download and install.