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Sep 30, 2003
"A group of software companies at the center of the controversy over online music and movie piracy today extended an olive branch to Congress, unveiling a code of conduct that condemns the illegal trading of copyrighted works and promises to give parents tools to limit children's use of song-swapping networks like Grokster and Morpheus."
Sep 30, 2003
"The Peer-to-Peer Defense Fund lets you donate money directly to one of the individuals or families being sued by the record companies."
Sep 30, 2003
"A newly launched peer-to-peer trade association has offered to sit down and negotiate with music industry lawyers, while it simultaneously denounced its adversaries as obsolete and 'tyrannosaurical.'"
Sep 30, 2003
"The Recording Industry Association of America is facing a legal challenge to its antipiracy tactics, even as it announces that it has reached settlements in dozens of lawsuits against individuals."
Sep 30, 2003
"The lawsuit accuses Madonna of copyright infringement for her imitation of poses and images in at least 11 works of Bourdin, whose images were published in French Vogue from the mid-1950s through the late 1980s."
Sep 30, 2003
"A fashion photographer's son has sued Madonna (news - web sites), saying the singer copied his late father's images in a set of videos for her song 'Hollywood.'"
Sep 30, 2003
"Most loathsome of all is the fiendish spam hard-burned into DVDs, which forces one to suffer through the commercials gratefully evaded by videotape fast-forwards."
Sep 30, 2003
"personally i just can't see any good in coming from punishing people for being music fans and making the effort to hear new music. i'm almost tempted to go onto kazaa and download some of my own music, just to see if the riaa would sue me for having mp3's of my own songs on my hard-drive."
Sep 30, 2003
"When I read this story in The Wall Street Journal this morning about Disney's device to beam movies into your house, I thought it was an April Fool's joke. Still one more video-on-demand deal? Are they kidding?"
Sep 29, 2003
"The RIAA also issued a press release Monday saying 64 people have agreed to settlements since the RIAA began suing file traders in early September. [...] The RIAA also announced that it has received 838 affidavits for its "Clean Slate Program," which offers amnesty to peer-to-peer users who voluntarily identify themselves and pledge to stop sharing copyrighted music on the Internet."
Sep 29, 2003
"Stepping up its involvement in the legal conflict over file sharing, the American Civil Liberties Union has filed a motion to stop attempts by the music industry to get the name of a Boston College student who is accused of being a large-scale file trader."
Sep 29, 2003
"The owner of an unnamed online adult video store says a DVD licensing group is trying 'to SCO' him. Attorneys for the DVD6C Licensing Agency (which includes AOL Time Warner, IBM, and Toshiba) have demanded proof that the discs he sells are covered under its DVD licensing agreement."
Sep 29, 2003
"I don't think the EFF needs to have everything exhaustively figured out. [...] The EFF can reasonably want to negotiate, both with private groups and in Congress, about the details - what they're pushing is an overall framework to get it started."
Sep 29, 2003
Senator Brownback: "This revelation challenges the testimony of the RIAA at the hearing, and shows that the subpoena process includes no due process for ISP subscribers' accused of digital piracy."
Sep 29, 2003
"Doctors who say "I don't know how to cure cancer" are not accused of being pro-cancer. But software companies that say "I don't know how to stop infringement" are accused of being pro-infringement."
Sep 29, 2003
"The Walt Disney company introduced a new video-on-demand service Monday that lets users download and store films via a set-top device."
Sep 29, 2003
"Musicmatch on Monday announced its entry into the digital song-selling business, and sources say PC maker Dell will be one of the first companies to promote the new download service to consumers."
Sep 29, 2003
"Philips Electronics on Friday said it is talking to Internet music retailers to help them sell songs and prevent piracy--as it steps up its efforts to keep a few companies from controlling the digital world. [...] Philips, which globally ranks No. 3 behind Japan's Sony and Matsushita, has chosen not to support Microsoft's Windows Media Player in its consumer electronics products, a company spokesman said separately."
Sep 29, 2003
"While the major labels in the music industry squabbled among themselves about how best to deal with Internet piracy and failed to develop consumer-friendly ways to buy music online, the movie industry has gone on a coordinated offensive to thwart the free downloading of films before it spins out of control."
Sep 29, 2003
"File-swapping company Sharman Networks filed new antitrust charges against record labels and Hollywood studios, hoping to deflect copyright infringement claims still pending over the popular Kazaa software."
Sep 29, 2003
"A federal jury has convicted a Florida man of violating the Digital Millennium Copyright Act, in the first jury-trial conviction under the controversial law, according to a U.S. attorney's office."
Sep 29, 2003
"However, the music industry wants to delete the entire section [of the copyright code] so that "version recordings" are banned completely (barring permission at the discretion of the copyright holder of course, and we know how likely that is)."
Sep 29, 2003
"The five major U.S. library associations are planning to file a legal brief Friday siding with Streamcast Networks and Grokster in the California suit, brought by the major record labels and Hollywood studios."
Sep 29, 2003
"The industry's biggest hurdle may be cultural. As is the case among many young people in the United States, swapping files and burning tracks on CD's are viewed in most countries as routine, not renegade, behavior."
Sep 29, 2003
"Screening tapes--and more recently DVDs--for award-eligible films have been a given for Academy voters for several years. [...] But this year, those who skip out on the showings at their neighborhood multiplex in favor of their home theaters may be SOL. That's because the Motion Picture Association of America is trying to get the major studios to stop mailing out DVD and video screeners, claiming the practice leads to piracy."
Sep 25, 2003
"Palm Pictures chief executive Chris Blackwell [...] noted that the industry’s lack of competitive online alternatives at the time, as well as its campaign to get consumers to stop burning CDs — another practice at which the labels’ trade association, the Recording Industry Association of America (RIAA), has taken aim — was part of a recent pattern that riled its customers."
Sep 25, 2003
"But those opposed to the recording industry's legal tactics say that the case suggests that the methods used to track down music pirates are flawed. They argue that Mrs. Ward is probably not the only mistaken case in the recording industry dragnet."
Sep 25, 2003
"The Recording Industry Association of America has dismissed a copyright infringement lawsuit against a 65-year-old Massachusetts grandmother who said she was wrongly accused of illegally sharing thousands of songs, including many hip-hop hits."
Sep 25, 2003
"The disc has two sets of music tracks: one set of "encrypted" songs that can be handled by CD players but cannot be ripped on computers, and a duplicate set of tracks in the Windows Media format. These can be downloaded from the CD to a computer and then transferred to portable devices or recorded to home CDs."
Sep 25, 2003
"Turning the tables on record labels, makers of the most popular Internet song-swapping network are suing entertainment companies for copyright infringement."
Sep 24, 2003
"The recording industry has withdrawn a lawsuit against a Newbury woman because it falsely accused her of illegally sharing music -- possibly the first case of mistaken identity in the battle against Internet file-traders."
Sep 23, 2003
"The disks sell for from $2 to $4, and there is obviously some money being made, with nobody paying royalties to the artists. These DVDs are mostly first-run films and not yet officially released. They have all the DVD outtakes and special features. Are the sources inside the studios?"
Sep 23, 2003
"All of the compulsory licensing schemes I've seen, if adopted, would have far reaching effects on our system of copyright. The issues at stake aren't simply how to raise and distribute funds fairly. Such major changes to copyright law will inevitably and significantly affect great swaths of our social, economic and legal institutions."
Sep 23, 2003
"The ever-expanding market for pirated music will continue to haunt music executives for at least another five years, outstripping growth for the industry's own fledgling online businesses, a new study said on Monday."
Sep 23, 2003
"The episode is an object lesson in the topsy-turvy world of copyright and "fair use" — an area made far murkier by the distributive power of the Internet and the subsequent crisscrossing of international legal codes."
Sep 23, 2003
"Music company EMI Group, home to old-time rockers the Rolling Stones and jazz star Norah Jones, confirmed Monday that it is in negotiations with AOL Time Warner about buying the U.S. media giant's music business."
Sep 23, 2003
"Audio technology company Dolby Laboratories said Monday it had purchased a small digital rights management company, hoping to cement its role in digital movie distribution."
Sep 22, 2003
"On the eve of its relaunch, the infamous file-trading company Napster appears to be defacing other companies' billboards with stickers of its distinctive kitty logo. [...] But the posters defaced by Napster's stickers aren't real. They are realistic, subtle parodies featuring companies like Gour-Mutt, a gourmet dog food company, or Drop 'n' Go, a child day-care center."
Sep 22, 2003
"Use of the most popular Internet file-sharing service declined only 5 percent last week despite a high-profile crackdown by the U.S. recording industry on unauthorized music trading online, the latest data shows."
Sep 22, 2003
"A fawning 1938 article by Homes & Gardens magazine about Hitler's Bavarian mountain retreat remains widely available on the Web, even after the discoverer and original poster of the article took it off his site when the magazine demanded its removal."
Sep 22, 2003
"Pretty much from the moment that music 'file swapping' made its way into the public consciousness by way of Napster, there has been a vaguely 'Reefer Madness' quality to the discussion of what the practice has meant to its college-age-and-younger participants. [...] By now, even if the music industry is right on the legal argument, it can't win the moral one."
Sep 22, 2003
"I'm not asking the questions I did below because I've concluded that the EFF is doing the wrong thing, or because I think the EFF doesn't have answers to those questions. I'm asking the questions because I think there ARE answers that could be made more clear."
Sep 22, 2003
"Discussions on the character of the limited monopolies of copyright and patent have historically relied upon "property" for comparison, but did not yield to equivelance. The balance has been that these monopoly rights, granted for the advancement of learning, is in some ways like property and in someways not."
Sep 22, 2003
"The Recording Industry Association of America said Friday that it had sued Israeli file-swapping company iMesh, one of the oldest of the peer-to-peer companies still in operation."
Sep 22, 2003
"Although it's not required or a 'critical' update, this just paves the road for all of Microsoft's software to require DRM technology on your computer."
Sep 21, 2003
It'd be funny if it weren't true... "A global computer library service is seeking one heck of a fine against a New York City luxury hotel. [...] The complaint filed in U.S. District Court in Columbus on Wednesday seeks triple the hotel's profits since its opening or triple the organization's damages, whichever is greater, from hotel owner Henry Kallan."
Sep 19, 2003
"I venture that there seems to be a different set of copynorms for the practice of filesharing via P2P and http. [...] I believe that the difference is that filesharing by http is seen clearly as a public act, while P2P seems more like a private act."
Sep 19, 2003
IP Justice press release: "Hollywood's latest legal attack under the controversial Digital Millennium Copyright Act (DMCA) came on September 17 with a complaint filed in New York Federal Court against four companies that distribute software capable of copying DVDs."
Sep 19, 2003
"At the very least, as long as someone like Barlow is deriding any government intervention while the EFF begs Congress for attention, they're going to have more trouble than they need."
Sep 19, 2003
"So, in the first case, P2P is especially bad because it is used to transmit pornography, unlike print, or videotape, or cable TV. In the second case, a copyright law is especially bad because it might be used to enforce copyrights in pornography."
Sep 19, 2003
Legal essay from Volokh.
Sep 19, 2003
"Say that lots of people are shoplifting from a store, to the point that others are starting to think that it’s OK to steal from stores. We could tell the store owner: 'Don’t whine to us about that, or demand government intervention to protect your supposed property rights; choose another business model that isn’t harmed by shoplifting!'"
Sep 19, 2003
"Digital media will force the entertainment industry to rethink current business models and perhaps usher in a special tax to compensate artists deprived of revenue from Internet media distribution, according to panelists at a conference Thursday."
Sep 19, 2003
"Both sides have pledged to collaborate on ways to crack down on digital piracy, but today they used their time in front of a packed hearing of the Senate Commerce Committee to accuse each other of actively supporting Internet piracy or of deliberately resisting technological change."
Sep 19, 2003
"Last week, more than four million Americans used KaZaA, the most popular file-sharing software, according to Nielsen/NetRatings, only about 5 percent fewer than the week before the record industry's lawsuits became big news. One smaller service, iMesh, even experienced a slight uptick in users."
Sep 18, 2003
"By the time Kaleidescape pays its license fee to the Hollywood studios and calculates the price it can command without any competition in the field, it ends up fielding a box that holds thirty DVDs on its hard-drive and costs thirty-thousand dollars."
Sep 18, 2003
"While Wednesday's hearing didn't precisely equate America's major record labels with the pornography industry, the RIAA nevertheless was thrown on the defensive--a rare position for the well-connected trade association to find itself in."
Sep 18, 2003
"The Digital Transmission Content Protection over IP (Internet Protocol) specification is aimed at balancing the interests of consumers, who recoil against restrictions placed on how and where they can use digital content, and copyright owners, who are terrified of piracy. The DTCP specification, embodied in home networks, would permit consumers to play downloaded music or movies on any PC or digital device in the home. However, the downloaded material can't be transmitted outside the home or copied."
Sep 18, 2003
"The legislation would require owners of digital media to file a John Doe lawsuit to obtain the identifying information of an Internet user, rather than simply requesting a subpoena."
Sep 18, 2003
"Europe's Internet downloaders are avid music fans who own multiple gadgets and are as likely to buy a compact disc as anyone else, according to new research released on Wednesday. The image belies the notion of the slacker teenager trawling the Internet for free music to hoard. They are regular shoppers in record stores today, and they are very likely to buy song downloads in the future, the researchers said."
Sep 18, 2003
"Two file-sharing services on Wednesday filed responses to a closely-watched appeal by film and music studios of a court ruling that found the services were not liable for massive copyright infringement."
Sep 18, 2003
"First music, then movies — now Internet file traders have tuned in to television, going online to download their favorite shows. Web sites like Suprnova.org (suprnova.org) are doing for TV downloads what Napster did for digital music files."
Sep 18, 2003
"Napster today emailed former users to ask their permission to allow it to send alerts about its forthcoming relaunch, while also linking up with Samsung, which will develop a co-branded portable music player."
Sep 18, 2003
"Manufacturers of a seemingly innocuous product -- a garage door opener -- are embroiled in a battle that tests the limits of a controversial copyright law."
Sep 18, 2003
"Streamcast Networks (the owners of Morpheus) have submitted their brief, with the aid of the EFF. Grokster has submitted its brief, too."
Sep 18, 2003
"Mr. Valenti, characteristically, hit the P2P porn meme the hardest, even, in a surreal moment, inviting the Senators’ staffers to go download some porn from Kazaa and see for themselves how vile it is. As a parent, I had to chuckle on hearing the American movie industry complain about the distribution of inappropriate sexual content to kids."
Sep 18, 2003
"Hollywood studios Paramount Pictures and 20th Century Fox sued a handful of small software companies Wednesday, alleging that their distribution of DVD-copying software violates copyright law."
Sep 18, 2003
"pirate," "intellectual property": "Marketers, politicians and other short-sighted, self-interested, sticky-fingered people have been stealing our words."
Sep 18, 2003
"Virtually everyone wanted to express some indignation at the recording industry, mixed with no small amount of confusion over the legal issues."
Sep 18, 2003
"Like the music industry, the fashion business is rife with unauthorized copying. But it's relatively free of infringement lawsuits like the ones the major record labels recently filed."
Sep 17, 2003
"Yesterday, Mr Justice Pumfrey said it was not disputed that eRes was written in a different code to Openres. However, Navitaire was arguing that BulletProof Technologies had studied the Openres system closely and produced a system that operated in the same way."
Sep 17, 2003
"Samsung plans to co-market a new line of digital music players with the soon-to-be-relaunched Napster 2.0 service, in a move to boost its brand image among youthful consumers."
Sep 16, 2003
"Nearly two-thirds of college students surveyed said they would download pirated software, according to a study released Tuesday by the Business Software Alliance (BSA). Only a third of those students who have already downloaded commercial software have paid for it."
Sep 16, 2003
"Recording artists across the board think the music industry should find a way to work with the Internet instead of suing people who have downloaded music."
Sep 16, 2003
"In other words, the people complaining about all the internet 'thieves' are, by any reasonable measure, rapacious profiteers who have been parasitically sucking the blood out of copyrights on other people's work."
Sep 16, 2003
"As the recording industry pursues its lawsuits against those it says are digital music pirates, SBC Communications has emerged as the only major Internet service provider that has so far refused to identify computer users whom the industry suspects of copyright infringement."
Sep 16, 2003
"The fact that the consumption of information is nonrivalrous may not make any practical difference, depending on incentive effects. The current regime of intellectual property law assumes that incentives are necessary, but that incentives alone justify weaker property rights in information than in tangible resources."
Sep 16, 2003
"A federal appeals court on Tuesday scrutinized the details of a 1998 copyright law, wondering whether it permits the wide-scale unmasking of alleged peer-to-peer pirates by the music industry."
Sep 16, 2003
"There remain the problems of all voucher systems: some people will pretend to be of the recipient class -- in this case creators -- to be able to collect and convert vouchers to cash."
Sep 16, 2003
"This is basically a tax in which people get to decide who receives the windfall. The only caveat is that the recipient must be an "artist." I can just imagine the many artists that will benefit from this tax: The National Rifle Association Marching Band, the Republican Party Barbershop Quartet, Rev. Elmer Gantry's Gospel Choir, and MC Rush "Ditto" Limbaugh."
Sep 16, 2003
"To review, the idea for our compulsory licensing system is this: we tax Internet connections and CD/DVD burners a small amount and send the money to the artists. In exchange, they let us download their songs and movies off the Internet. The problem is how to decide which artists should get the money without losing privacy, accuracy, or security. Here’s the key to my proposal: when you pay the tax you get a vote."
Sep 16, 2003
Documentary Review: "It may be considered an act of subversion to purchase or even watch this documentary, but do it while it’s still on the market and not tied up in a court case. Willful Infringement asks provocative questions: Is copyright an instrument of censorship? Do newer copyright controls, such as the Digital Millennium Copyright Act, suppress the free speech of scientists, artists and others? Does aggressive enforcement of copyright law inhibit artists today in ways that they weren’t in the past? Whose art is it, anyway?"
Sep 16, 2003
Which will be a colossal waste of time because in Canada it is expressly legal to share music. If the RIAA were to somehow succeed in shutting down every "supernode" in America all this would do is transfer the traffic to the millions of file sharers in Canada. And, as 50% of Canadians on the net have broadband (as compared to 20% of Americans) Canadian file sharers are likely to be able to meet the demand.
Sep 16, 2003
Cartoon: Great cartoon in the NYTimes that talks about some of the absurdities of current copyright law.
Sep 15, 2003
"White Wolf, Inc. and Nancy A. Collins yesterday filed suit in US District court in Atlanta, Georgia against defendants Sony Pictures, Screen Gems and Lakeshore Entertainment, alleging 17 counts of copyright infringement for the film Underworld, set for release on September 19."
Sep 15, 2003
"According to a new study published by AT&T Labs, the prime source of unauthorized copies of new movies on file-sharing networks appears to be movie industry insiders, not consumers. [...] Nearly 80 percent of some 300 copies of popular movies found by the researchers on online file sharing networks "appeared to have been leaked by industry insiders," and nearly all showed up online before their official consumer DVD release date, suggesting that consumer DVD copying represents a relatively minor factor compared with insider leaks."
Sep 15, 2003
"I do think that the members of the MPAA do provide more value than the members of the RIAA have. However, even given the better value, I'm not sure how the members of the MPAA can compete with free."
Sep 15, 2003
"Kazaa co-founders Janus Friis and Niklas Zennstrom have a new target: the telephone industry."
Sep 15, 2003
"The amnesty program also would not protect individuals from federal prosecutors, music publishers and independent labels not represented by the RIAA. A "clean slate" with the recording industry group is not very clean if many others can sue you the next day."
Sep 15, 2003
"So let me get this straight. To deal with the conflicts between record companies and their customers over P2P file-sharing, we should turn ISPs into government-regulated collectors of a mandatory music tax. This is an innovative new business model?"
Sep 15, 2003
"Disney agreed to license some of its feature films to movie rental site CinemaNow, in a move to fight Net film piracy and further experiment with new technologies."
Sep 15, 2003
"Back in July, a number of filesharing companies [...] formed a trade association [...] to push for, among other things, compulsory licensing [...]. I wonder how much they have really thought this through. After all, a compulsory license that legimitized filesharing would quickly put most of these companies out of business."
Sep 15, 2003
"Somewhere between spending $13-plus per CD, when you want only one song, and worrying that the industry will sue you for sampling and swapping, the answer should be found online -- not in court."
Sep 15, 2003
"Eric Parke, a 37-year-old mortgage broker, says in a lawsuit filed in Marin County Superior Court in San Rafael that the amnesty offer is "hollow and deceptive" and provides "no real legally binding assurance" that those who sign the amnesty offer will not be sued at some later date by copyright owners."
Sep 15, 2003
"The major labels may accept the backlash that comes in prosecuting the very copyright-dissing enemies that it is looking to win back... but it doesn't realize how costly this game of alienation might prove to be."
Sep 15, 2003
"The industry could have adapted itself to the new realities 10 years ago, could have pioneered Internet pay services that would have, to some degree at least, headed off the current rush of online shoplifting. But it chose not to. Hidebound and hubristic, it resisted change any idiot could have seen coming."
Sep 15, 2003
"Last Monday, the Recording Industry Association of America (RIA) sued 261 Internet song-traders for copyright infringement. What does it mean for you?"
Sep 15, 2003
"Some 261 copyright infringement suits were filed by the recording industry last week, mostly against parents of kids who swap songs on the Internet. Are Mom and Dad really liable for Junior's actions? A prominent law professor thinks not."
Sep 15, 2003
Review of iTunes, Rhapsody, Pressplay, and BuyMusic.
Sep 15, 2003
"[S]uddenly, the trade association -- in its effort to squelch illegal music sharing over peer-to-peer networks such as Kazaa and Grokster -- looked more like a schoolyard bully."
Sep 15, 2003
"Property, whether it's your house or the copyright on a song, deserves to be protected by law. Anyone who takes someone else's property without permission must face the possibility of real punishment."
Sep 15, 2003
"The music piracy controversy is splitting newspaper editorial boards and opinion writers around those two arguments. Here's a sampling..."
Sep 14, 2003
"Nearly everything the record companies have done wrong in the age of downloading has been done right by the movie studios. America's love for movies is stronger than ever, while the nation listens to music with smoldering resentment."
Sep 14, 2003
Joyce Mullen won’t be buying music for quite a while. “If you’re going to lose your house,” she says, “how are you going to buy a CD?”
Sep 14, 2003
So, for the time being, in the RIAA's war on file sharing, everyone is guilty until proven innocent. Universities and colleges, like other ISPs, have to hand over the names and addresses of the faculty, staff or students whom the RIAA has accused.
Sep 14, 2003
Some 54 per cent of people surveyed for Newsweek magazine said they'd be less likely to download music without paying for it, compared to 42 per cent who said they would not be deterred.
Sep 14, 2003
Some experts wonder if the industry's efforts will create more trouble for it than ever. "The R.I.A.A. is breeding antibiotic-resistant bacteria," said Clay Shirky, a software developer who teaches new media at New York University.
Sep 14, 2003
Satire, obviously: "Citing lackluster results in its aggressive Subpoena-the-Family campaign, The Recording Industry Assocation of America, or RIAA, announced today it was escalating the war against music file sharing even higher by opening its massive detention facility in the high desert of Movaje, CA."
Sep 14, 2003
"It was inevitable, then, that the Internet would eventually force a radical rethinking of intellectual property rights, and the music industry's current travails represent a particularly dramatic example of the mutating rules — though not the only one."
Sep 14, 2003
"Since the Recording Industry Association of America began its campaign against file-sharing services and unauthorized song swapping online in 1999, it has offered one chief justification for its actions: downloading songs is stealing money from the pockets of musicians. But the musicians themselves have conflicted responses to file sharing and the tactics of the association, a trade group that represents record labels, not the musicians themselves, who have no organization that wields equal power."
Sep 14, 2003
Media companies copy too: "Recently [a Forrester analyst] was discussing his research with an executive at a media organization that has been very aggressive about trying to discourage file-sharing. When Mr. Bernoff asked the executive how he had gotten the report, which Forrester sells for $895, the man hesitated. 'They got a copy from one of the studios,' Mr. Bernoff said. 'Here is an organization that's saying that stealing hurts the little people, and they took our intellectual property and they shuttled it around like a text file.'"
Sep 12, 2003
"For the first time in the United States, BMG Music will release a music CD that's loaded with anticopying protection, a move that opens a new round of technological experimentation for record labels."
Sep 12, 2003
Reprint of WSJ article: "Moreover, lawsuits against individuals have a disquieting randomness to them, and that should give the legal system serious pause. To hold accountable only a handful of the individuals who swapped songs without permission -- to extract steep damages from those unlucky few while leaving millions of equally culpable peers untouched -- smacks of unequal justice."
Sep 12, 2003
"Several Internet music services and a disc jockey have offered to reimburse a New York woman who paid $2,000 to settle charges that her 12-year-old daughter illegally copied music online."
Sep 12, 2003
"The rules also set limits on what copy protection cable and satellite TV providers can apply to their digital programming. The caps, modeled after existing copyright law, allow providers to prevent people from copying pay-per-view or video-on-demand shows. Viewers would be allowed to copy most other cable shows once for personal use and face no restrictions on copying over-the-air broadcasts."
Sep 12, 2003
"Generally, they felt that the risk of a lawsuit—and the legal fees and court time associated with it—was not worth the benefit of publishing my book. While they were originally on board with the book when they first approached me, turnover in their legal department caused them to change their minds."
Sep 12, 2003
"A recent decision by the 9th Circuit Court of Appeals finds that a party using "patently unlawful" subpoenas to obtain access to another party's stored electronic communications could be liable for violations of electronic privacy and computer fraud statutes. This could have serious implications for the RIAA's mass subpoena campaign in that, if such subpoenas were also determined to be "patently unlawful," for whatever reason, the organization could be held liable under electronic privacy and computer fraud statutes for accessing user data under false pretenses."
Sep 12, 2003
"Of course, the incentive-for-investment argument still holds, for pure-private goods, for club goods, and for intellectual property. But Volokh's argument does not succeed insofar as he attempts to show that the case for property in tangible resources that are club goods is really the same as the case for intellectual property."
Sep 12, 2003
"Intellectual property may yet been shown to be pragmatically unsound, in some or even all of its parts; I'm certainly not an unconditional defender of intellectual property law. But the sound arguments against it, like the arguments for it, are more complex than some suggest."
Sep 12, 2003
"So my question is, for everyone who opposes the RIAA lawsuits and still thinks there should be copyright law, what should the RIAA be permitted to sue for?"
Sep 12, 2003
"Though I am a strong supporter of the EFF generally [...], I have to say I agree more with Scott Matthews on this one. It is not clear to me that the EFF's policy proposal would be an improvement on the current circumstances and it certainly leaves many questions unanswered."
Sep 12, 2003
"There are alternatives. That's why EFF launched the Let the Music Play Campaign, to create a showcase for reasonable solutions that don't involve endless lawsuits."
Sep 12, 2003
"Rather than cheering on file sharing, the EFF should be presenting us with the details of its alternative so that we can measure it against our current copyright system, and collectively decide which system we prefer."
Sep 12, 2003
"We respect reasonable copyright law, but we strongly oppose copyright enforcement that comes at the expense of privacy, due process and fair application of the law. We urge you, as our representatives in Congress, to stop this madness."
Sep 12, 2003
"A vote on the European Union's proposed directive on the enforcement of intellectual property rights, which has been compared to a controversial U.S. law, has been pushed back to November."
Sep 12, 2003
"Microsoft's surprise decision to submit Windows Media Series 9 as a standards candidate to Hollywood underscores the software giant's ambitions to take its multimedia technology beyond the Net, as well as the considerable barriers it faces."
Sep 11, 2003
There are some amazing quotes in here. One of my favorites is from Moby. "Record companies suing 12-year-old girls for file sharing is kind of like horse-and-buggy operators suing Henry Ford."
Sep 11, 2003
"The tales of woe are featured on front pages of newspapers everywhere -- the unemployed woman from Chicago, the Manhattan single mother, the 71-year-old grandfather in Texas, the Yale University photography professor. [...] And the vast majority insist they did nothing wrong. Some said they assumed they were downloading music legitimately because they had paid a fee to file-sharing application providers."
Sep 11, 2003
"'It makes me mad that they're shaking up people,' said Terrence Fitzgerald, a Mansfield resident named in one of the lawsuits. He said his 14-year-old daughter had frequently used the Kazaa file-sharing program to download perhaps 500 songs on their home computer, then share them with others."
Sep 11, 2003
"A grandfather has said he was wrongly accused of illegally downloading music online at the start of a legal campaign by the US music industry."
Sep 11, 2003
"Although the RIAA has been hypocritical and disingenous, to say the least, in regard to trying to tie P2P to porn, given the above reactions of people being sued, it just might be part of an extremely clever plan of the RIAA's to get the law changed to outlaw Kazaa."
Sep 10, 2003
"Anger, defiance and fear were the main reactions of college students on Tuesday after the music industry said it was suing 261 individuals for swapping illegal copies of songs over the Internet."
Sep 10, 2003
"Here's what the RIAA has proposed as its 'solution' to file-sharing: an 'amnesty' for file-sharers. Just delete the MP3s you've downloaded, shred those CD-R copies, confess your guilt and, in return, the most change-resistant companies in the nation will give you nothing."
Sep 10, 2003
"This month the first copy-protected CDs are expected to start showing up on music-store shelves in the United States."
Sep 10, 2003
No one can hold a candle to the music industry when it comes to squandering an opportunity. Having gotten everyone's attention by threatening to sue 60 million American file-sharers, flooding Internet service providers with more than 1,500 subpoenas and on Monday suing hundreds of individual file-sharers (or their parents) in federal court, the Recording Industry Assn. of America has blown it again.
Sep 10, 2003
"A customer of Apple Computer's iTunes Music Store said he has successfully resold a he song purchased through the service, ending a weeklong exercise he hoped would highlight the legal and technical nuances of emerging digital music services."
Sep 10, 2003
"The recording industry has taken its piracy fight directly to music fans, suing more than 200 people this week alone. Now comes the hard part: Persuading the very people it has threatened with legal action to revisit music stores or sample legal downloading services."
Sep 10, 2003
"The plan has stirred some criticism from environmentalists such as the Alliance for Safe Alternatives, which is asking callers to phone Disney and tell them to scrap the plan which they say will add needless waste to America's landfills."
Sep 10, 2003
"[W]hy would it be 'contrary to the goals of Wipo' for intellectual property rights holders to 'disclaim or waive' their rights? Property is all about individuals having the right to choose what they do with their property rights. Does Bill Gates undermine private property generally when he gives $20 billion to do good in the world?"
Sep 10, 2003
"U.S. Sen. Norm Coleman (R.-Minn.), who earlier this summer questioned the Recording Industry Association of America's (RIAA) subpoena process in its ongoing war against music pirates, is urging caution for those tempted by the music industry's new amnesty program."
Sep 10, 2003
"California resident Eric Parke, on behalf of the general public of the state, filed a suit Tuesday against the trade association because of its amnesty, or "Clean Slate," program, a provisional shield it introduced Monday that allows people to avoid legal action by stepping forward and forfeiting any illegally traded songs. The suit, filed in the Marin Superior Court of California, charges that the RIAA's program is deceptive and fraudulent business practice."
Sep 10, 2003
"The Recording Industry Association of America has an ambitious goal with its first wave of lawsuits against file swappers: trying to change an anarchic, deeply rooted online culture."
Sep 10, 2003
"On Tuesday, one day after filing the landmark series of lawsuits, RIAA President Cary Sherman cautioned the U.S. Senate that Kazaa could be a tool for adults to lure children into having sex."
Sep 10, 2003
"But even as the industry as a whole litigates, many of the individual labels are quietly reaching out to BigChampagne, turning file-sharing networks into the world's biggest focus group. In the beleaguered music business, this market research strategy that dare not speak its name is fast becoming the Nielsen ratings of the peer-to-peer world."
Sep 10, 2003
"Prisnel [...] denies that he is the 'alleged infringer' identified by the association’s subpoena and says he has been wrongly accused. 'Between the dates of May 25, 2003 and August 25, 2003 I have been travelling in Europe,' he wrote to MIT attorney Mark DiVincenzo in an Aug. 30 letter to protest the release of his name [...]."
Sep 10, 2003
"A day after being sued for illegally sharing music files through the Internet, a 12-year-old girl has settled with the Recording Industry Association of America."
Sep 09, 2003
Barely 24 hours after suing alleged file swappers around the United States, the recording industry has settled its first, agreeing to drop its case against a 12-year-old New York girl in exchange for $2,000.
Sep 09, 2003
After the RIAA's announcement, Salon surveyed the Web for reactions to Clean Slate. We e-mailed bloggers, Usenet users, people on P2P discussion sites, and others who've been known to get a song for free every once in a while. Not a single person was willing to sign on to the RIAA's amnesty program. Here are their reasons.
Sep 09, 2003
"But lawyers at the Electronic Frontier Foundation in San Francisco say there are multiple reasons to sit tight for now, rather than rush to sign and deliver what amounts to an admission of guilt."
Sep 09, 2003
"According to Andrew Lack, 'P2P stands for piracy to pornography.' Here then are selections of pornographic lyrics from two fairly recent Sony Music releases which pay the salary of this new anti-porn crusader." WARNING: these lyrics will probably be considered offensive to most people.
Sep 09, 2003
"But as details emerge, casting some of the defendants as parents of Kazaa-loving children or otherwise unwitting owners of file-swapping computers, some RIAA suits may turn out to be more complicated than they appear."
Sep 09, 2003
"If you or a family member have used Kazaa or any other file-swapping application recently and have left your computer open to the Net, the answer is possibly--although the odds of being singled out among an estimated 60 million people using peer-to-peer software remain small."
Sep 09, 2003
Satire: "Additionally, the undersigned will subject him/herself to neuralization to destroy all musical works that have been memorized."
Sep 09, 2003
"The targets of the first lawsuits against music fans who share songs on the Internet include an elderly man in Texas who rarely uses his computer, a Yale University professor and an unemployed woman in New York who says she didn't know she was breaking the law."
Sep 09, 2003
"If you're trying to instill fear, you may have success. But if you're trying to increase CD sales by getting people to stop sharing music, I don't think it will have any effect at all," said Brian Zisk, technologies director for the Future of Music Coalition.
Sep 09, 2003
"These lawsuits certainly tell consumers that `free' ultimately has a price," said Michael J. Wolf, managing partner in charge of the media practice at McKinsey & Company, a consulting firm.
Sep 09, 2003
"I got really scared. My stomach is all turning," Brianna said last night at the city Housing Authority apartment where she lives with her mom and her 9-year-old brother.
Sep 08, 2003
"'Apple's position is that it is impractical, though perhaps within someone's rights, to sell music purchased online,' Peter Lowe, Apple's director of marketing for applications and services, told CNET News.com in an interview."
Sep 08, 2003
"U.S. privacy group the Electronic Frontier Foundation is warning individuals not to admit to illegally trading copyright music online, even if the music industry offers a reprieve from its anti-piracy campaign, saying that users could still be subject to legal action."
Sep 08, 2003
Let’s look more closely at this one. If users admit to file trading and have their data as part of this huge permanent record, the RIAA will have all the documents it needs to start batch filing civil actions if the amnesty seekers ever download again. I haven’t seen the notarized forms yet, but I can bet they are worded in such a way as to cover undiscovered or unimplemented technologies as well as the current file trading systems.
Sep 08, 2003
"In the latest salvo in the recording industry's battle against online piracy, a trade group today sued 261 people in the United States it accuses of violating copyright laws by swapping online files."
Sep 08, 2003
"The Recording Industry Association of America said it has filed 261 lawsuits against alleged file swappers Monday, charging the computer users with "egregious" copyright infringement potentially worth millions of dollars."
Sep 08, 2003
"Still, when I hear a timeless Beatles classic on the radio and then go home to look for it on Pressplay or ITunes and it isn't there, I tend to longingly eye the Kazaa icon that still sits on my desktop, beckoning me to return to piracy. Only fear and Dan Peng's ordeal keep me in line."
Sep 08, 2003
"The recording industry filed 261 lawsuits against individual Internet music file sharers Monday and announced an amnesty program for people who admit they illegally share music files through the Internet."
Sep 08, 2003
"Compulsory licensing has gotten a great deal of interest recently. However, I believe that we need to think a little more deeply about the issues such a system would raise."
Sep 08, 2003
"An Australian case in which three men pleaded guilty to online music piracy has "exploded many of the myths" related to copyright infringement, asserts the head of an investigation firm."
Sep 06, 2003
"The U.S. Chamber of Commerce and consumer advocates said they plan to write letters of protest soon, arguing that it could dramatically limit the public's access to information. Database providers can protect themselves through terms-of-service agreements with their customers, said Joe Rubin, director of congressional and public affairs at the Chamber."
Sep 06, 2003
"The industry is trying to enlist broader public support with a campaign intended to show that its nemesis — the peer-to-peer networks for swapping files like KaZaA and Morpheus — are used not only to trade songs but also pornographic images, including child pornography. [...] Others ask whether raising this issue is more than a little cynical from an industry that heavily promotes music with sexual and violent themes."
Sep 05, 2003
"If you've already been subpoenaed, you're out of luck. But if not, you can swear on your notarized statement to delete everything, and never file share again."
Sep 05, 2003
"Attorneys representing a file swapper dubbed "Jane Doe" filed a motion on Thursday to retain her anonymity in an ongoing legal battle between Internet service providers and the music industry over online piracy."
Sep 05, 2003
"Signaling a new era of media distribution, Forrester Research on Tuesday released a study predicting an even bigger drop in compact disc sales as Internet music file-sharing keeps gaining ground on the flagging CD."
Sep 05, 2003
"The Recording Industry Assn. of America plans to announce an amnesty program this week that will let individual online copyright infringers off the hook if they change their ways, sources say."
Sep 04, 2003
"eBay on Thursday canceled an auction that sought to resell a music download that was purchased through Apple Computer's iTunes Music Store, saying the attempted sale violated its listing policies."
Sep 04, 2003
"Announced by Sony Vice Chairman Howard Stringer at an event in Paris, the service appears to be conceived as a rival to Apple Computer's successful iTunes digital music store, and as an attempt to stem its entertainment divisions' perceived losses to file-swapping services like Kazaa."
Sep 04, 2003
"Microsoft moved forward on its digital rights management strategy this week, releasing the first of several Windows add-ons associated with the technology and revealing pricing on its server software for corporate rights management."
Sep 04, 2003
"Starting this month, the RIAA plans to start filing hundreds of lawsuits against individual listeners. People caught with copyrighted songs on their computer could be fined up to $150,000 per song."
Sep 04, 2003
"Sales of music CDs continue to decline, perhaps irreversibly, but U.S. recording industry officials said Tuesday the latest market data justifies their escalating battle against online file sharers."
Sep 04, 2003
EMI's vice-chairman: "I sometimes wonder if it's because music is intangible that people forget that there are many more costs involved than merely manufacturing a piece of plastic."
Sep 04, 2003
"[T]echnology and legal experts agree that the ruling could affect a wide range of technology companies with products that interact with Web browsers, or services that rely on customer interaction through Web browsers."
Sep 04, 2003
"The popularity of Apple's iTunes song service has demonstrated that customers like to pick and choose their songs online. New statistics from the music industry indicate that labels are shipping more singles to stores, too. But whether the stats signal the return of the single is still a bit of a puzzle."
Sep 04, 2003
"Lawyers for a New York woman accused of unlawfully sharing music over the Internet suggested Tuesday the recording industry acted illegally when it investigated her online activities and that a search of music files on her computer may have been unconstitutional."
Sep 04, 2003
"Several U.S. universities hope to sign their students up for online paid-music services in a bid to thwart the illegal song copying now common in dorm rooms, college and music-industry officials said on Tuesday."
Sep 04, 2003
"Although this is only a ruling on a preliminary motion, the judge used it to offer her analysis of how the DMCA applies to the apparent facts in the case. In short, she ruled that it is not a violation of the DMCA for Skylink to make a replacement remote control that can open Chamberlain-brand garage door openers."
Sep 04, 2003
"The day after a report suggested the compact disc is heading the way of the 8-track tape, the world's largest music label conglomerate promised a steep cut in music CD pricing."
Sep 04, 2003
GrepLaw interviews LawMeme's Ernest Miller.
Sep 04, 2003
"Since a personal computer must have BIOS installed to boot, a user could be forced to use the DRM technology whether he or she chooses to or not."
Sep 03, 2003
Robin Gross from IP Justice: "The Court recognized the common sense argument that the DMCA should not be used to prevent a person from using his or her own property in lawful ways or to force consumers to purchase costly replacement parts."
Sep 03, 2003
"A Nanterre court has ordered the music label to refund a woman who could not play her new Alain Souchon CD on her car CD player. Alternatively, EMI is to provide a full-working copy."
Sep 03, 2003
"I just posted an eBay auction for a song I bought from the iTunes music store. It should be interesting to see how this works out. I only spent $0.99 on it but I bought the song just as legally as I would a CD, so I should be able to sell it used just as legally right?"
Sep 03, 2003
"Vivendi Universal's Universal Music Group plans to sharply lower the consumer cost for compact discs, in an effort to bring customers back into retail stores and boost music sales."
Sep 03, 2003
Consumers can resell CDs purchased in a record shop, but what about digital music files downloaded from an online store?
Sep 03, 2003
"So defraud Californians of $9 billion, pay $1 million. But develop a new technology to make it easier for people to get access to music that they have presumptively purchased: pay more than $54 million."
Sep 03, 2003
"As many critics have noted, the poorly worded DMCA gives a major stick to just about any company that wants to wield it to lock out competitors. The formula is easy: create copyrightable computer program, make use of copyrightable computer program necessary for function of device, add some sort of "protective measure" or handshake necessary before use of copyrightable computer program, instant protection from competition!"
Sep 03, 2003
"Movielink, the film download site, unveiled on Wednesday new features aimed at making the service faster and more convenient to use." The new version "will allow customers to rent a movie multiple times within a 30-day period without having to download again. It also gives people the ability to stop a movie, shut down the computer and then later resume viewing at the same point."
Sep 03, 2003
"Colleges and the entertainment industry have made considerable progress toward turning back the file-swapping tide on university campuses, representatives of both groups said Tuesday."
Sep 03, 2003
"The industry plans to pursue pirates with some vigour, using a carrot-and-stick: pay quite a lot for past free down-loads and we'll call the dogs off, or resist and get hit by a mega-penalty later."
Sep 03, 2003
"A US woman accused of sharing music online believes the recording industry illegally investigated her online activities."
Sep 03, 2003
"Lawyers for a New York woman accused of unlawfully sharing music over the Internet suggested Tuesday the recording industry acted illegally when it investigated her online activities and that a search of music files on her computer may have been unconstitutional."
Sep 02, 2003
"Students arriving for fall classes at colleges across the country are facing technological hurdles and stern warnings aimed at ending swapping of music and movie files over high-speed campus Internet connections."
Sep 02, 2003
"Each time you launch PeerGuardian, it downloads the latest list of known RIAA informants and blocks them from connecting to your computer. The list contains hundreds of known IP-address ranges the RIAA has used to catch file swappers."
Sep 02, 2003
"The California Supreme Court acknowledged that computer code is protected by the First Amendment, because it expresses ideas. But that's only half the battle. Courts analyzing First Amendment issues also look to what standard of review should apply, and to what interest the state puts forward to justify its infringement of free speech. [...] No matter what ideas had been disclosed by DeCSS, as long as the trial court found (as it did) that they derived from trade secrets, they would still have been enjoined."
Sep 02, 2003
Satire: "Chairman and CEO of the RIAA, Mitch Bainwol said that he really enjoyed the pilot episode where a 13-year-old boy who downloaded an entire 50 Cent album without paying, receives a summary execution from 50 cent himself."
Sep 02, 2003
"One of the most popular songs in the country last week, "Crazy in Love" by Beyoncé Knowles and featuring Jay-Z, was not released only on compact disc and to radio stations. It was also sent to cellphone users who wanted to download it as their ring tone."
Sep 02, 2003
"In response to a legal threat that invoked the Digital Millennium Copyright Act, Google has removed from its index eight sites that distribute a hacked version of file-swapping service Kazaa."
Sep 02, 2003
"Forrester Research on Tuesday predicted a steep fall in CD sales, as audio and video file sharing over the Internet continues to emerge as a preferred option among consumers."
Sep 02, 2003
"Forrester reckons that a third of all music sales will be made by downloads in the next five years. It also predicts that almost 15 per cent of films will be viewed by "on-demand" services such as cable TV rather than by DVD or video by 2005."
Sep 02, 2003
"Office 2003, the upcoming update of the company's market-dominating productivity package, for the first time will include tools for restricting access to documents created with the software. Office workers can specify who can read or alter a spreadsheet, block it from copying or printing, and set an expiration date."

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