3 Count: Quad 9

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1: H3 Podcast Asks Court to Throw Out “Fatally Defective” Triller Copyright Lawsuit

First off today, Andy Maxwell at Torrentfreak writes that the team behind the H3 Podcast has asked for the lawsuit against them to be dismissed, saying that the lawsuit is incorrect as a matter of law as they did not commit any copyright infringement.

The lawsuit was filed by Triller, which claimed that the podcast violated their copyright in the Jake Paul vs. Ben Askren fight by showing clips of the short fight on their podcast. They further claim that the podcasters obtained a pirated copy of the fight to use in the show.

According to H3’s response, their use of the video in the podcast was a fair use and if the version they had was pirated, that is not itself a copyright infringement. As such, the defendants call the case “fatally defective” and ask the court to dismiss it.

2: Discovery Extension Requested in Internet Archive Book Scanning Suit

Next up today, Andrew Albanese at Publishers Weekly reports that the copyright infringement lawsuit against the Internet Archive may have hit yet another delay as the defendants have asked for a three-month extension on discovery, pushing the final deadline back to April 2022.

The lawsuit was filed by a group of publisher that claim the Internet Archives “Controlled Lending” scheme amounted to widespread copyright infringement of their work. This came about early in the pandemic when the Internet Archive made available thousands of scanned books for viewing online, lending them to as many people as requested them, regardless of the number of copies they owned.

However, since the lawsuit was filed, both sides have wrangled over discovery with both parties asking a magistrate judge to help settle disputes over it.

3: DNS Resolver Hits Out at Sony Music’s Web-Blocking Injunction

Finally today, Chris Cooke at Complete Music Update reports that the non-profit DNS resolver Quad 9 is appealing a web-blocking injunction they were served with in Germany, saying that a DNS resolver is the “wrong place” to attempt to block copyright infringement websites.

The order itself was obtained by Sony Music, which frequently uses web blocking as an anti-piracy tactic. However, using third-party DNS services, such as Quad9, is a common tool for circumventing such blocks. As such, Sony wants to require DNS services to also comply with the same blockade.

Sony obtained the order back in June and noted, at the time, that the service already blocks websites connected with malware and scams. Nonetheless, Quad9 says that attempting to require DNS services to block pirate websites creates a series of technical and legal problems that mean the order should not be allowed to stand.

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