3 Count: Wolfgang Disappointment

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1: US Appeal Court Upholds Wolfgang’s Vault Copyright Ruling, Including the Disappointing Damages

First off today, Chris Cooke at Complete Music Update reports that the Second Circuit Court of Appeals has upheld a verdict against the concert streaming service Wolfgang’s Vault, including a meager damages award.

In 2015, the National Music Publishers Association (NMPA) filed a lawsuit against Wolfgang’s Vault, alleging that the service did not have a license for the underlying compositions of the songs it streamed. In 2018, a judge agreed with that and ruled that Wolfgang’s Vault was infringing, but left the issue of damages up to a jury. In early 2020, as COVID-19 was starting to become a concern, a jury awarded the NMPA a meager $189,500 in damages for the 197 infringed works.

NMPA appealed the ruling, saying that the jury, in a rush to avoid COVID issues, did not properly consider the case. However, in November 2020 the judge ruled that there was no “miscarriage of justice” and now the Second Circuit has upheld that decision. The court also overturned a lower court ruling ordering Wolfgang’s Vault to pay at least some of the legal fees in the case.

2: Bookie Operators Sued Over Alleged Sports Broadcast Copyright Infringement

Next up today, The Irish Times reports that, in Ireland, Media company Sis Media LTD has filed a lawsuit against a duo that operates a series of betting shops alleging that they illegally their broadcasts in their stores.

According to the lawsuit, the shops had a license between 2009 and 2017, but that services were terminated due to non-payment. Currently, nearly €40,000 ($39,000) USD remains outstanding. However, despite the termination of the contract, the shops continued to show Sis broadcasts, despite multiple warnings to stop.

The defendants claim that Sis refused to engage with them and reach a fair licensing deal, effectively trying to put them out of business. However, the judge in the case only ruled on whether to move the case to the fast track commercial court, which it was moved to.

3: Survey: Video Game Piracy Set to Rise

Finally today, Advanced Television reports that, according to a recent survey, rising energy and consumer prices are putting the squeeze on customers, with an increasing number of them turning to piracy to save money.

The survey, which was conducted in the UK, finds that 1 out of every 10 gamers in the country played or downloaded a pirated game in the last three months. Of the motivations for piracy, the survey found reducing cost was the main driver, while others wanted to boycott certain brands.

Perhaps most worrying is the fact that 11 percent of admitted pirates said that they did not understand the legal or security implications of pirating software.

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