Fair use is not just an excuse to copy—it’s a pillar of online speech protection, and disregarding it in order to lash out at a critic should have serious consequences. That’s what we told a federal court in Channel 781 News v. Waltham Community Access Corporation, our case fighting copyright abuse on behalf of citizen journalists. Waltham Community Access Corporation (WCAC), a public access cable station in Waltham, Massachusetts, records city council meetings on video. Channel 781 News (Channel 781), a group of volunteers who report on the city council, curates clips from those recordings for its YouTube channel, along with original programming, to spark debate on issues like housing and transportation. WCAC sent a series of takedown notices under the Digital Millennium Copyright Act (DMCA), accusing Channel 781 of copyright infringement. That led to YouTube deactivating Channel 781’s channel just days before a critical municipal election. Represented by EFF and the law firm Brown Rudnick LLP, Channel 781 sued WCAC for misrepresentations in its takedown notices under an important but underutilized provision of the DMCA. The DMCA gives copyright holders a powerful tool to take down other people’s content from platforms like YouTube. The “notice and takedown” process requires only an email, or filling out a web form, in order to accuse another user of copyright infringement and have their content taken down. And multiple notices typically lead to the target’s account being suspended, because doing so helps the platform avoid liability. There’s no court or referee involved, so anyone can bring an accusation and get a nearly instantaneous takedown. Of course, that power invites abuse. Because filing a DMCA infringement notice is so easy, there’s a temptation to use it at the drop of a hat to take down speech that someone doesn’t like. To prevent that, before sending a takedown notice, a copyright holder has to consider whether the use they’re complaining about is a fair use. Specifically, the copyright holder needs to form a “good faith belief” that the use is not “authorized by the law,” such as through fair use. WCAC didn’t do that. They didn’t like Channel 781 posting short clips from city council meetings recorded by WCAC as a way of educating Waltham voters about their elected officials. So WCAC fired off DMCA takedown notices at many of Channel 781’s clips that were posted on YouTube. WCAC claims they considered fair use, because a staff member watched a video about it and discussed it internally. But WCAC ignored three of the four fair use factors. WCAC ignored that their videos had no creativity, being nothing more than records of public meetings. They ignored that the clips were short, generally including one or two officials’ comments on a single issue. They ignored that the clips caused WCAC no monetary or other harm, beyond wounded pride. And they ignored facts they already knew, and that are central to the remaining fair use factor: by excerpting and posting the clips with new titles, Channel 781 was putting its own “spin” on the material - in other words, transforming it. All of these facts support fair use. Instead, WCAC focused only on the fact that the clips they targeted were not altered further or put into a larger program. Looking at just that one aspect of fair use isn’t enough, and changing the fair use inquiry to reach the result they wanted is hardly the way to reach a “good faith belief.” That’s why we’re asking the court to rule that WCAC’s conduct violated the law and that they should pay damages. Copyright holders need to use the powerful DMCA takedown process with care, and when they don’t, there needs to be consequences.

OpenAI is looking to populate its flagship chatbot with a host of new user experiences.

The federal agency alleged Instacart misled consumers with unlawful tactics, causing them to pay higher fees while also denying refunds.

Sign me up. According to Deadline, Miranda Lambert is set to executive produce a new show for Hulu in partnership with Sony Pictures Television. They haven’t yet released the title, but she will work with Judalina Neira as showrunner, and Miranda will write and exec produce under her overall deal with SPT. Deadline says the show will be like “Big Little Lies gone honky tonk,’ and will: “Follow a messy female friendship as one friend helps the other escape her abusive marriage. But when they try to start over in a small Texas town, their past will threaten to catch up to them, and they’ll discover their new home has as many secrets as they do.” Miranda will exec produce alongside Marion Kraft’s Shopkeeper Management, which is her management company. There is no news yet on when the show will air, or if they’ve even started filming, but hopefully it will be out sometime next year because I already love the sound of it, and anything Miranda does is always top-notch. Plus, she’s going to work with one of the world’s biggest streaming platforms, so it sounds like it’s going to be a pretty big production with a huge team behind it. Miranda grew up East Texas with two parents who were private investigators, so a lot of her songs have been inspired by stories she heard from them, as well as their clients that she met, when she was younger, including hits like “Gunpowder and Lead.” It already sounds like some of those stories might serve as inspiration for the storyline in this show, and considering how popular Taylor Sheridan has made Western and Texas culture with his uber-popular TV shows like Yellowstone and Landman, this female-focused show sounds like it already hast he makings to be a hit. Stay tuned, because I’m sure there will be a lot more coming about this one in terms of more details, and I can’t wait… In addition to working on this big project, Miranda is up for four Grammy nominations at the 68th Grammy Awards in February. She’s nominated for Best Contemporary Country Album for Postcards from Texas, Best Country Song (as a writer) for “A Song to Sing” and she also received nominations for Best Country Duo/Group Performance for both “A Song to Sing” with Chris Stapleton and her song “Trailblazer” with Reba McEntire & Lainey Wilson. She most recently put out a new album in 2024 called Postcards from Texas, which was her first with new label Sony, and she also stays busy with her Mutt Nation Foundation, Idyllwind boot and clothing line, her Nashville bar Casa Rosa and plenty of other business ventures, in addition to being a full-time artist. Miranda is also part of the new label Big Loud Texas, and where she’s helping development young talent and mentoring up-and-coming artists who are trying to make it country music like she did. And while Ella isn’t signed to Big Loud, Miranda has been working with her a lot, recently helping her co-write and produce her new single “Choosin’ Texas,” which they also wrote with Joy Beth Taylor and Luke Dick. Miranda is featured on the background vocals, and you can hear her influence all over the song, which is probably why it’s one of my favorites Ella has ever put out. They’ve hinted that they have more collaborations coming soon, and I already know I’m gonna love whatever they’ve come up with. Turn it up… “Choosin’ Texas” The post Miranda Lambert Set To Executive Produce New TV Show For Hulu, Described As “‘Big Little Lies’ Gone Honky Tonk” first appeared on Whiskey Riff.

No longer a convicted felon. Tennessee Governor Bill Lee announced today that he’s granting a full pardon to Jason DeFord, better known as country music star Jelly Roll, after a recommendation for a pardon was supported by the Tennessee Board of Parole. Jelly has been open about his troubled past: He grew up in Antioch, Tennessee, just outside of Nashville, and through his own estimation has been arrested around 40 times in his life, though the large majority of those came when he was a minor. He was arrested back in 2000 for armed robbery, a crime he opened up about during an appearance on the Joe Rogan Experience podcast: “It was a heinous crime, admittedly. It was horrible, we robbed a couple guys for some weed. But they called the police because we took some money and some stuff. So it was an armed robbery, we went in there with a gun.” He was charged as an adult and was sentenced to eight years in prison plus seven years probation. He was released after serving just over one year, his term being lighter than the co-conspirators because Jelly himself didn’t carry a gun into the home they robbed. It’s a crime that Jelly has continually expressed remorse for, including during a 2023 interview: “I never want to overlook the fact that it was a heinous crime. This is a grown man looking back at a 16-year-old kid that made the worst decision that he could have made in life and people could have got hurt and, by the grace of God, thankfully, nobody did.” In October of 2007, Jelly Roll was again arrested and spent 15 days in jail, this time on a misdemeanor for driving without a license. There were no serious penalties from this one, but it wouldn’t be long before he was locked up again because in 2008 he got busted for selling drugs after Nashville police officers found cocaine in his car while he was in a drug-free school zone. He was again sentenced to eight years with 8 years probation and again was released early. His probation ran out in 2016. But now, he’s going to have a clean slate. While Jelly Roll has embraced and owned his past mistakes, he’s spoken in the past about things in his life that would be easier with a pardon – including international travel and of course, his newfound hobby, hunting, which he’s only able to do with a bow because he lost his gun rights as a convicted felon. He’s also become a leading voice in advocating for solutions to the fentanyl crisis, testifying in front of Congress last year on the effect that addiction has had on himself and his family and the need for legislative action: “I’m not here to defend the use of illegal drugs. And I also understand the paradox of my history as a drug dealer standing in front of this committee. But equally I think that’s what makes me perfect to talk about this. I was a part of the problem. I am here now standing as a man that wants to be part of the solution. I brought my community down. I hurt people. I was the uneducated man in the kitchen playing chemist with drugs I knew absolutely nothing about, just like these drug dealers are doing right now when they’re mixing every drug on the market with fentanyl. And they’re killing the people we love.” Speaking on the decision to grant Jelly the pardon, Governor Lee praised his redemption story: “His story is remarkable, and it’s a redemptive, powerful story, which is what you look for and what you hope for.” In Tennessee, a pardon is considered a statement of forgiveness from the state and clears the way for Jelly Roll to have his criminal record expunged. The restoration of rights, such as gun and voting rights, is not automatic though, and Jelly must now petition the courts to have his record expunged and his rights restored. As a former criminal defense attorney myself, I can safely say that there’s nothing better than seeing somebody turn their life around like this and become a force for good in their community, and there’s nobody more deserving of a pardon for his past than Jelly Roll. Congratulations Jelly. Looks like Christmas came early to the Roll household.The post Tennessee Governor Bill Lee Grants Country Music Star Jelly Roll Full Pardon For Past Crimes first appeared on Whiskey Riff.

President Trump just downgraded marijuana from a schedule 1 to a schedule 3 drug for medical purposes, claiming this will help many people who are in pain. He explains it all below: . . .

Inflation fell more than expected in November in a shutdown-delayed report that offered signs of relief for consumers but one that economists and the Federal Reserve are taking with a grain of salt because of the odd circumstances it was compiled under.

Inflation eased unexpectedly in November, but economists cautioned against reading too much into the report because of gaps in data collection during the long government shutdown.

Inflation unexpectedly – and sharply – slowed in November, a seemingly welcome change for Americans weighed down by the persistently high cost of living.