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Motorola said it had modified the devices to remove the infringing technology.
In response, Catherine Mathis, a spokeswoman for the Times Company, issued a statement yesterday saying that as things stand the Times Company has no legal choice but to "remove the infringing material from our database".
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The ruling also allows for Apple to remove the allegedly infringing technology from its products, but that seems impossible.
In response (see SUF i155), YouTube co-founder Jawed Karim wrote: "well I'd just remove the obviously copyright infringing stuff.
Respondent also states that it removed the allegedly infringing logo from its website since that time, and that it has only been used for a short period of time.
He argued that the newspaper and Google should remove the information about the auction, which came up prominently in searches on his name, because they infringed his right to privacy - they weren't relevant to his situation today.
The TPP would also undermine "fair use" limitations intended to protect freedom of speech from overzealous copyright enforcement, harshen criminal prosecution for whistleblowers and journalists, and open the door for global internet censorship by setting up a system to remove allegedly "infringing" content from the web without a court order.
That provision allows sites to host infringing content if they aren't aware of it, don't profit from it and remove any infringing content immediately upon the copyright holder's request.
The court also noted that YouTube "offers content owners tools to remove copyright infringing content and this means that it is the responsibility of the copyright owner – not YouTube – to identify and tell YouTube when infringing content is on its website", cites Google in a blog post posted by Aaron Ferstman, Head of Communications for YouTube – Europe, the Middle East and Africa.
But this would be an official, cross-border, cross-industry collaboration, built to minimize both the time and paperwork needed to remove an infringing link.
But free speech advocates warned that the power to shut down whole sites, rather than current powers to remove infringing content, created the prospect of widespread First Amendment violations, while tech experts noted that the anti-piracy tools envisioned by the legislation would threaten the basic functionality of the web.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com