The Symi Podcast - Legal Dispute Upheld 18 February 2009
The following five podcasts, placed on the SymiGreece.com server between February and June 2008 have been the subject of a legal dispute:
1) JordCuts Presents The Symi Podcast #1 - Funky Mash-Up Mix. (Release Date 13/02/2008)
2) JordCuts Presents The Symi Podcast #2 - Traditional Greek Mix. (Release Date 08/03/2008)
3) JordCuts Presents The Symi Podcast #3 - House Mix. (Release Date 03/05/2008)
4) JordCuts Presents The Symi Podcast #4 - Chillout Mix. (Release Date 05/06/2008)
5) JordCuts Presents The Symi Podcast #5 - House Mix. (Release Date 21/06/2008)
The dispute was based on the following main points:
1) The podcasts were accessible from the SymiGreece.com website (complete with copyright notice) since the dates of their release.
2) The podcasts were uploaded to a different server by Mr. Jordan Blakesley, sometime during the last quarter of 2008.
3) While SymiGreece.com acknowledges Mr. Blakesley as the author of the podcasts and that he was not explicitly paid for these podcasts, they were created during a period when Mr. Blakesley was receiving paid employment by SymiGreece.com. In addition, he received numerous links and advertisement for his own website and services as a result of the podcasts on SymiGreece.com.
4) Mr. Blakesley implicitly accepted the copyright of material accessible on SymiGreece.com and, in particular, on its server, and refers to the podcasts as the "SymiGreece podcast" and/or "The SymiGreece.com podcast" during the podcasts themselves.
5) The RSS feed to these podcasts on several pages of the SymiGreece.com website (including the front page) was redirected by Mr. Blakesley to point to this new server.
6) Apple Inc.'s iTunes directory to the podcasts was redirected by Mr. Blakesley to these new files.
7) Mr Blakesley promoted these podcasts on his own website without acknowledging SymiGreece.com.
8) Mr. Blakesley used the name "The Symi Podcast" that was being used by SymiGreece.com.
9) All these actions were without the knowledge or permission of SymiGreece.com.
In a representation to Apple Inc.'s iTunes, SymiGreece.com's claim of copyright of these podcasts was upheld by their legal team on 17th February 2009. Apple Inc. have subsequently removed the iTunes directory containing these podcasts. Other legal representations regarding these podcasts, their hosting, and their promotion/advertisment are currently underway.
1) JordCuts Presents The Symi Podcast #1 - Funky Mash-Up Mix. (Release Date 13/02/2008)
2) JordCuts Presents The Symi Podcast #2 - Traditional Greek Mix. (Release Date 08/03/2008)
3) JordCuts Presents The Symi Podcast #3 - House Mix. (Release Date 03/05/2008)
4) JordCuts Presents The Symi Podcast #4 - Chillout Mix. (Release Date 05/06/2008)
5) JordCuts Presents The Symi Podcast #5 - House Mix. (Release Date 21/06/2008)
The dispute was based on the following main points:
1) The podcasts were accessible from the SymiGreece.com website (complete with copyright notice) since the dates of their release.
2) The podcasts were uploaded to a different server by Mr. Jordan Blakesley, sometime during the last quarter of 2008.
3) While SymiGreece.com acknowledges Mr. Blakesley as the author of the podcasts and that he was not explicitly paid for these podcasts, they were created during a period when Mr. Blakesley was receiving paid employment by SymiGreece.com. In addition, he received numerous links and advertisement for his own website and services as a result of the podcasts on SymiGreece.com.
4) Mr. Blakesley implicitly accepted the copyright of material accessible on SymiGreece.com and, in particular, on its server, and refers to the podcasts as the "SymiGreece podcast" and/or "The SymiGreece.com podcast" during the podcasts themselves.
5) The RSS feed to these podcasts on several pages of the SymiGreece.com website (including the front page) was redirected by Mr. Blakesley to point to this new server.
6) Apple Inc.'s iTunes directory to the podcasts was redirected by Mr. Blakesley to these new files.
7) Mr Blakesley promoted these podcasts on his own website without acknowledging SymiGreece.com.
8) Mr. Blakesley used the name "The Symi Podcast" that was being used by SymiGreece.com.
9) All these actions were without the knowledge or permission of SymiGreece.com.
In a representation to Apple Inc.'s iTunes, SymiGreece.com's claim of copyright of these podcasts was upheld by their legal team on 17th February 2009. Apple Inc. have subsequently removed the iTunes directory containing these podcasts. Other legal representations regarding these podcasts, their hosting, and their promotion/advertisment are currently underway.
Updated 18/02/2009, 03:40, 906 hits