Archive for the ‘Legal’ Category

New Piracy Defense: You Didn’t Stop Me

Tuesday, January 5th, 2010

Ok, this guy got the shit end of the stick when the courts ordered him to pay $675k for violating copyrights. Kudos to the courts, though, for treating music piracy like the real violation it is.

Well, in a new twist, grad student Joel Tenenbaum – in hopes for getting a new trial – is putting the blame on the record labels for selling “DRM-free CD’s [that make] the proliferation of their recordings on the peer-to-peer networks trivially easy.”

Doesn’t this guy wish he settled for $5k like he was offered to begin with?

New Piracy Defense: You Didn’t Stop Me

ISOHunt Guilty of Copyright Violations

Monday, December 28th, 2009

Wendy Davis at Mediapost reports this morning that IsoHunt, the popular torrent search engine, has been cited for copyright infringement and intentionally encouraging piracy.

In a similar case last year, torrent search engine TorrentSpy was ordered to pay $110 million in damages to the MPAA.

It appears to this Hobo that the “search engine defense” is no longer going to hold up when all you index is copyrighted material. The judge decided that the “safe harbor” statutes, in this case, did not apply, as they require, “passive good faith conduct aimed at operating a legitimate internet business,” which he did not see.

ISOHunt Guilty of Copyright Violations

Comcast Settles Throttling Suit for $16 mil

Wednesday, December 23rd, 2009

Wendy Davis at Mediapost reports that Comcast has agreed to settle the class action lawsuits regarding bandwidth throttling for up to $16 million.

The FCC had accused Comcast of violating their net neutrality principles by slowing or blocking peer-to-peer traffic on their network.

The settlement allots for a maximum of $16 credit to people affected. Frankly, I just don’t get it. $16 million isn’t much money to a company like Comcast (buying NBC for $30 BILLION…paying their COO $20 mil over 5 years), and $16 whole dollars doesn’t seem like much when my monthly cable bill is nearing $200. Is it even worth anyone’s time to go through this crap?

Comcast did not have to admit any wrongdoing, but is protected from additional lawsuits moving forward.

Comcast Settles Throttling Suit for $16 mil

NYTimes on Pirate Bay

Monday, April 13th, 2009

Good article.

http://blogs.wsj.com/digits/2009/04/13/pirate-bay-heroes-or-criminals/?mod=rss_WSJBlog

NYTimes on Pirate Bay

Fox Reviewer Canned For Wolverine Write Up

Wednesday, April 8th, 2009

So ridiculous. Maybe it showed bad judgment, but in this day and age of “scoop or be scooped,” I’m baffled at the firing of Fox News columnist Roger Friedman.

The friggin’ movie is available online. Sure its incomplete and lacking some special effects, but it seems that the punishment doesn’t quite fit the crime here. Glad that its OK for bloggers (for now) to point out what is floating around in cyberspace, even if the mainstream media can’t. Apparently you can only write about the fact that the movie has been stolen and is actively being distributed, but you can’t comment on whether the movie is any good.

Hell, I wrote about how many bad versions of Star Wars had been leaked. Took me at least 5-6 tries before I found a copy without a timecode, with proper Dolby Digital 5.1 and accurate color balance. Too bad the movie still sucked.

Congrats, Roger. You’ll have a job at a real media outlet soon enough. Like this one. And at least the movie was good.

Fox Reviewer Canned For Wolverine Write Up

Telnor Stands Up For Pirate Bay

Monday, March 2nd, 2009

Telnor issued a statement regarding file-sharing haven The Pirate Bay today.

Telenor rejects the demand from the IFPI to block access to the Swedish website, The Pirate Bay, and finds there to be no legal basis for the demand for ISPs to control and/or assess the content users download. At the same time, Telenor does not condone pirating of material and illegal file sharing.

“Asking an ISP to control and assess what Internet users can and cannot download is just as wrong as asking the post office to open and read letters and decide what should and should not be delivered.”

“This is by no means a new issue, and it applies to the entire Western knowledge-based economy. Telenor sympathises with Intellectual property rights holders whose content has been illegally
distributed, but in our opinion, it is wrong to claim an ISP is liable for any illegal activity by its users on the Internet,”

Telnor Stands Up For Pirate Bay

RIAA & ISPs Partner for Piracy

Thursday, January 29th, 2009

So the RIAA didn’t exactly give up its efforts to crack down on piracy, or leave it entirely in the hands of ISPs either.

Shelly Palmer reports:

RIAA & ISPs Partner for Piracy

The Day the Music Industry Died?

Wednesday, January 7th, 2009

Yesterday at Macworld, Apple announced that it may have killed the golden goose. Or pulled the ol’ bait-and-switch on the goose. And became a hero to everyone who likes to eat goose.

Enough with the goose reference, and apparently, enough with DRM for Apple. Seems the iEverything people struck a deal with the labels to set the music free…for a small price. 10 million songs from the iTunes store will be available with no DRM.

Apple marketing guy Philip Schiller announced that iTunes song prices will come in three tiers: 69 cents, 99 cents and $1.29. The labels get to choose the prices.

Additionally, Apple announced a “Set My Music Free” tax / fee. For $.30, Apple will replace the DRM tracks you’ve previously purchased with the restrictions for tracks without any. The upside to the charge is that a) you don’t have to pay it, and b) you’ll get a higher bit-rate track in return. Hopefully everyone has done the math and will make this model work.

Personally, as I’ve said before, I’ve never had any problems with music with DRM preventing me from doing anything that falls within “fair use.” Only when you start to do the things you aren’t supposed to do you run into trouble.

Bottom line – the solution to the DRM crisis isn’t to abandon DRM. It is to put a sensible DRM solution in place that works well enough for everyone to stay in business.

The Day the Music Industry Died?

RIAA Abandons Pursuit of Pirates

Friday, December 19th, 2008

In an early Christmas gift to music “collectors” around the country, the RIAA announced that it will abandon its much maligned effort to sue individual music pirates and instead work with ISPs to curb the practice. ISPs will be sending warnings to alleged pirates.

“We think this is going to be a different form of stick, but we absolutely think this will be a meaningful alternative approach that will have a significant impact,” said Cara Duckworth, a spokeswoman for the RIAA.

Different stick? More like a wet noodle. Stop, or we’ll say stop again. Translation: its mp3 season.

RIAA Abandons Pursuit of Pirates

Is iTunes Going DRM Free?

Tuesday, December 9th, 2008

Am I the last of the DRM Defenders? It certainly feels that way. If Apple goes DRM free, there will be very little chance to turn back, and that will certainly seal the fate of the music industry.

AppleInsider has tipped that Apple could be going DRM free by the end of the year. With Amazon already offering DRM free tracks, iTunes is forced to compete. But if DRM goes down, it will be down for good.

In case it isn’t clear enough, DRM developers need to get off their asses and create some system that works well enough for the labels and well enough for the vendors and end users to keep everyone happy. I personally haven’t had any situation where DRM prevented me from doing anything with my music that would fall under “fair use” and I think the definition is fairly broad.

Hasn’t this become more of a philosophical argument at this point rather than a practical one?

Is iTunes Going DRM Free?