Dominic Longo

A Quick Look at the Pinterest Terms of Use

Sun, 19 Feb 2012 15:49:00 -0500

A Quick Look at the Pinterest Terms of Use:

I have seen a few articles making the rounds on Twitter and Facebook involving the terms of use for the website Pinterest and what it means to those who are registered there. Disagreement always ensues in the comments and who knows what is actually the case. Instead of taking that route I just want to draw attention to some language that could be problematic and, in turn, affect how one uses the website.

*Note - the Terms of Use referenced below are dated March 29, 2011*

In reference to “member content” which is defined in the Terms of Use as “all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.”

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site, Application or Services, you hereby grant to Cold Brew Labs a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services. Cold Brew Labs does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

I have highlighted the text that stands out in this section. The section goes on to make the member represent they own or have the rights for what they are uploading; But the notable point here is that by uploading content you have given Pinterest a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with a ton of rights on top of that. Pinterest users better make sure they are comfortable with this before they submit “member content”. Especially with the addition of the gifts section, where items are on sale, it seems like it will only be a matter of time before Pinterest capitalizes off the sale of items for their own benefit, to the detriment of the creator. Also, this should make users really question just how broadly “Site, Application, or Services” could be interpreted, especially when dealing with a high-tech website based start-up (just look at how many changes Facebook and Twitter have gone through).

In addition to being weary of what materials users upload that they do own, users should also be careful when they are uploading “member content” that they don’t have the intellectual property rights for, because of the following.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

Cold Brew Labs will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Cold Brew Labs may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

The general prohibitions go on to list a lot more no-no’s for Pinterest users, but relevant to the submission of “member content” is what is above. Pinterest has the right to investigate and prosecute and violations, and may bring in other law enforcement/authorities to handle any situation. Note that this isn’t just on content that you upload yourself, but that you post, publish, submit, provide access to, or transit. Thus, be weary not just of the items you upload, but what you pin to your boards from other users or share on your own website, Facebook, Twitter, etc. I would like to think an investigation would only follow the original poster of the copyrighted material, but this section is written so broadly that users need to be aware of what could happen in a worst case scenario.

And… Just for fun… Maybe someone can help make some sense out of this?

Copyright Policy

Cold Brew Labs copyright law and expects its users to do the same. Cold Brew Labs has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Cold Brew Labs’ Copyright Policy at http://pinterest.com/about/terms.html, for further information.

Cold Brew Labs ________ copyright law and expects its users to do the same. There’s clearly a word missing there… I suspect it is respect, but the possibilities are endless.

Capital Records and ReDigi Could Be Headed To Trial

Tue, 07 Feb 2012 18:22:00 -0500

Capital Records and ReDigi Could Be Headed To Trial:

On Monday a Federal Judge refused to shut down “used” .mp3 retailer ReDigi at the request of Capitol Records and the two parties could be heading to a trial.

ReDigi is an interesting concept where users can sell their purchased music from iTunes to other users for a discounted price, with ReDigi taking a cut. I haven’t checked out ReDigi, nor am I sure I want too, but it is a novel idea for those looking to save a few cents on their purchase of individual songs or make some quick money. One does have to wonder how well the technology actually works to prevent the original purchaser from having access to the song, especially if it has been burned to a CD already.

At issue in the case, among many other things, will be the first-sale doctrine which has been getting a lot of attention lately thanks to Redbox fighting back against movie studios looking to delay the availability of their new releases even more than is already the case. For more information on that check out an article on Techdirt by clicking HERE.

Today marks the release date for Hit The Lights’ latest...

Tue, 31 Jan 2012 15:32:00 -0500

Today marks the release date for Hit The Lights’ latest full length - Invicta. I highly recommend it, but if you don’t want to take my word for it (and have Spotify) check out the following link to stream the entire album: Hit The Lights – Invicta. The song streaming from here is titled “Earthquake” and is the first single from Invicta.

Why Congress Should Not Waste Time on the "BOSS Act"

Sat, 28 Jan 2012 12:19:00 -0500

Yesterday (1/27/11) tickets went on sale for three Bruce Springsteen shows in New York and New Jersey. Ticketmaster was the website to purchase tickets at, but numerous fans received error messages and could not receive tickets. Tickets for these shows can be found on eBay, Stubhub, and other secondary broker sites for hundreds of dollars more than face value. This has resulted in Rep. Bill Pascrell Jr. (D., N.J.) promising to reintroduce the “BOSS Act” (Better Oversight of Secondary Sales and Accountability in Concert Ticketing). Full text of the bill can be viewed HERE. In general, it would prohibit the purchase of tickets by brokers for the first 48 hours of the primary sale, along with requiring more reporting by the ticket seller on how many tickets are available, the distribution of all the tickets, and some additional restrictions on secondary brokers and employees or other “insiders” who may acquire tickets.

The music industry has been slow to adjust to the age of the internet. What could have been a cash cow now and for years to come for the music industry has become it’s biggest fear (as evident by the overwhelming support from music industry executives and the RIAA in the battle for SOPA and PIPA).

While the BOSS Act doesn’t directly address these intellectual property issues, it does address another issue — what exactly is the business acumen of these label executives? These tickets are going for hundreds of dollars more on resell and, most importantly, people are buying them. If the labels are going to make extreme claims of how piracy effects them (I don’t doubt that piracy hurts the artists and labels, but some of the claims made by the RIAA seem far reaching) they should realize the opportunity to make more money on ticket sales when it exists. They are undervaluing their product by hundreds of dollars and that is their prerogative. It’s also their choice to use Ticketmaster as opposed to another ticketing service or another means that assures the tickets end up in the fan’s hands and not a broker.

Sure, the BOSS Act is supposed to be a way to protect the consumers and ensure they get tickets at a fair price but it’s hard for me to feel bad for the fan when it is the label putting them in this situation, and they don’t ever seem to care about the fan. Representative Pascrell’s insistence on reintroducing this Act only goes to show how the music industry, in large part, has failed to adjust from 2009 to now (the bill was originally introduced in 2009, due to another failure by Ticketmaster in selling Springsteen tickets). If the music industry truly cared about the fans this would have been fixed by each individual label, Ticketmaster, and everyone involved in the ticketing process.

There are numerous options that could have led to more fans getting tickets for this show, or any other shows where this has been an issue. First, why not reserve more tickets for a set presale, where the fans provide the label with their e-mail address, and in return get a user specific link to purchase up to 5 or so tickets? The label gets an e-mail to add to their list, and they make sure these particular fans won’t be complaining about not being able to receive a ticket. Second, make the face value of the tickets reflective of what they are actually worth. If fans are going to pay more money than you are charging, it’s time to raise the price. You’re only encouraging these secondary ticket brokers to purchase mass quantities of tickets when you charge under what the customer perceives as the fair market value. These are just a couple of ideas to solve the problem without enacting legislation that shouldn’t be needed in the first place.

I personally would be much more interested in seeing an antitrust investigation launched against Live Nation & Ticketmaster than seeing Congress waste their time on this Act, when there are far more important matters to take up.

Battle Brewing Between Digital Music News and Grooveshark

Sun, 22 Jan 2012 12:04:00 -0500

Battle Brewing Between Digital Music News and Grooveshark:

Digital Music News (DMN), a popular website for the music industry, was recently served with a subpoena in relation to an ongoing lawsuit against Grooveshark dealing with copyright infringement (they also face a claim of failure to pay royalties). You can read more about the Grooveshark lawsuit via the New York Times HERE. DMN’s response is the linked article at the top of the page, in which they refuse to comply with the subpoena.

This all stems from an anonymous comment that accused Grooveshark employees of uploading music they did not have a license for, to the Grooveshark service. The problem here is two fold… I haven’t read the lawsuit against Grooveshark, but if the main evidence of impropriety is an anonymous comment on a website, then I think anyone that leaves comments on articles they read online needs to be a little concerned. The other side is obviously that if Grooveshark is actually partaking in this practice, using their executives/staff to uploading music they don’t hold a license too, it’s a prime example of why there is a tension between the major record labels and technology — it can be abused far too easily.

It will be interesting to see Grooveshark’s next move and how this gets resolved, as Grooveshark’s livelihood is likely at stake with their infringement and royalty lawsuits. Just recently Grooveshark had to close their German operations due to the high licensing cost GEMA, Germany’s performing rights organization, requested.

More updates as they come. A .pdf of Grooveshark’s subpoena of DMN can be found below in the source article.

Twenty of My Favorite EPs

Sun, 22 Jan 2012 11:19:00 -0500

Recently on one of my go to sites for music news (absolutepunk.net) a discussion was started regarding people’s favorite EPs (extended play). I thought this was an interesting topic to ponder, as well as a great way to listen to some of my music catalog that I hadn’t in some time. I have decided to post my list of favorite EPs below, in no particular order, for those who would like to try some new bands out. And yes, I did get a little carried away… There are just so many good EPs it turns out. Most of these EPs were released before a full length (LP) and really got me interested in the particular band, others were just a supplement to an already impressive catalog of releases. I’m sure I have left out numerous EPs that I also enjoyed, these are just some of the first that came to mind. (There are links to the EPs on Spotify where available, just click on the album name)

Go Radio - Do Overs and Second Chances

Cartel - The Ransom EP

JamisonParker - Notes & Photographs

Something Corporate - Audioboxer EP

Punchline - The Rewind EP

The Starting Line - Make Yourself At Home EP

Acceptance - Black Lines to Battlefields

Mayday Parade - Tales Told By Dead Friends

Woodale - Finish What You Start

The Morning Light - The Sounds of Love

Yellowcard - Underdog EP

The Early November - For All of This

The Dangerous Summer - If You Could Only Keep Me Alive

The Format - EP

Late Night Habit - The Single Life

Parade The Day - To Keep Us Moving

E For Explosion - Hold Grudges Not Hands

Hit The Lights - Until We Get Caught

Dear You - Journals

Mercy Mercedes - 1.21 Giggawatts

And a special bonus… The Sophomore Attempt - Hallways

U.S. Supreme Court Rules Congress can Re-Copyright Public Domain Works

Fri, 20 Jan 2012 11:16:03 -0500

U.S. Supreme Court Rules Congress can Re-Copyright Public Domain Works:

A big decision in the field of intellectual property law came down from the U.S. Supreme Court yesterday in Golan v. Holder.

From the first paragraph of the source article: “Congress may take books, musical compositions and other works out of the public domain, where they can be freely used and adapted, and grant them copyright status again, the Supreme Court ruled Wednesday.”

The works at issue in this case were foreign works that had entered the public domain under U.S. copyright law, but were not in the public domain overseas, and the majority felt conforming with the Berne Convention was the necessary route to take.

This was a 6-2 decision, with Justices Stephen Breyer and Samuel Alito dissenting.

The entire decision (.pdf format) is linked in the title, while a more in depth analysis of the decision is linked in the source article below.

It will be interesting to see just how often Congress uses this power and the effect it will have on the arts in the U.S., especially the classical music community.

A Day After the Internet Blackout the DOJ Flexes Their Muscle

Thu, 19 Jan 2012 23:29:00 -0500

A Day After the Internet Blackout the DOJ Flexes Their Muscle:

I’m not judging Megaupload’s innocence or guilt. I haven’t even read the indictment yet, but being familiar with the service it doesn’t come as a shock that there may be some DMCA violations. What I do question is the timing of this and the manner in which it was done. Also, does this not undermine the need for PIPA and SOPA?

Click the link in the title for more information on what has transpired via Techdirt, along with the indictment against Megaupload embedded to their story.

Here’s an example of just how out of touch the MPAA (at...

Thu, 19 Jan 2012 09:58:00 -0500

Here’s an example of just how out of touch the MPAA (at least the individual that handles the MPAA’s Twitter account) is.

I didn’t realize Google, Wikipedia, and Reddit weren’t big sites…

Educate Yourself on SOPA/PIPA Today

Wed, 18 Jan 2012 10:07:00 -0500

With popular websites like Wikipedia, Google, and Reddit “blacking out” today in opposition of SOPA/PIPA I highly recommend checking out the letter embedded below which was authored by three prominent professors in the fields of internet and intellectual property law. Numerous other professors have signed on to this letter and it has been distributed to members of Congress.

I also recommend checking out Demand Progress and their efforts against SOPA/PIPA, should you not support this legislation. And, if you’re looking for some humor about the “black out”, be sure to visit The Oatmeal today.

Law Professors on SOPA

Selected to JLSB Staff

Tue, 17 Jan 2012 15:43:00 -0500

Selected to JLSB Staff:

Article about my recent selection to serve as a staff editor on the Journal of Legal Studies in Business (JLSB) along with two other Elon Law students.