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All-Star Witness List In Lawsuit Over Constitutionality Of RIAA Lawsuits

from the that's-quite-a-witness-list dept

Last month we had mentioned how Harvard Law professor Charles Nesson was taking on the RIAA's strategy of suing music uploaders by claiming that the laws the RIAA was relying on were unconstitutional. That case ("the Tenenbaum case") started moving forward this week, and the Associated Press had a story at the beginning of the week, which about fifty people submitted (with some angrily wondering why we hadn't written about it). We didn't write about it because it was basically the same story we had covered in October.

However, there is some interesting news in the case, as Ray Beckerman has posted the proposed witness list put forth by Tenenbaum's legal team and it is quite the star-studded list. It's becoming quite clear (if it wasn't already) that this is a case where a bunch of different folks in the "copyfighting" realm are converging to confront the RIAA's legal strategy. The list includes:

  • John Perry Barlow (former songwriter for The Grateful Dead, founder of the EFF, and well known digital thinker)
  • Prof. Johan Pouwelse (technical and scientific director of European research project P2P-Next)
  • Prof. Lawrence Lessig (needs no introduction, I imagine, for folks around here)
  • Matthew Oppenheim (who has a somewhat murky relationship with the RIAA, at times representing the RIAA, and at other times insisting he does not represent the RIAA)
  • Prof. Terry Fisher (a director of Harvard's Berkman Center and author of Promises to Keep, an early book looking at how the internet was changing the entertainment industry, and how it's business models need to change)
  • Prof. Wendy Seltzer (well known copyfighter, law professor, former staff attorney at the EFF and founder of the Chilling Effects site)
  • Prof. John Palfrey (Harvard law professor, co-director of the Berkman Center, author of Born Digital)
  • Prof. Jonathan Zittrain (Harvard and Oxford law professor, co-director of the Berkman Center, author of The Future of the Internet)
  • Andrew Grant (former antipiracy specialist at DRM company Macrovision)
That is quite the all-star list. This case is going to be a fun one to watch.

3 Comments | Leave a Comment..

 
Overhype

Overhype

by TIC Expert,
Carlo Longino


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Filed Under:
copyright, guns n' roses, music, promotion

Companies:
myspace


Guns N' Roses Loves Online Music, On Its Own Terms

from the release-it-already dept

It will be great when Guns N' Roses' Chinese Democracy album comes out -- if only because it'll end 14 years of speculation and hype, and maybe we'll stop hearing about it for a while. It's scheduled for release on Sunday (and will be available only at a single chain of stores, thanks to an exclusive agreement), but the band is already streaming the record on its MySpace page. This comes after the band got the FBI to investigate a blogger who posted some songs from the album online a few months ago; the blogger was eventually arrested, and recently plead guilty in a plea bargain. So, like so many people in the music business, it appears that GNR love the power of online music as a promotional tool, as long as it's on their own terms. Having the guy who posted the songs prosecuted did nothing to stem the tide of illegal downloads of GNR songs, while his actions helped to promote the band and their work. Furthermore, what's the real difference between streaming the songs on MySpace, and having them freely available elsewhere online? Those who are so inclined can still find a way to convert the streams into downloaded files, while the streams could just point some users to download the album via BitTorrent, where it's readily available.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

7 Comments | Leave a Comment..

 

Movie Studios Sue Australian ISP For Not Waving Magic Wand And Defeating Piracy

from the blame-someone-else dept

A few years ago, after realizing that blaming consumers wasn't a particularly effective strategy in covering up for the entertainment industry's own inability to adapt to a changing market, industry insiders chose a new strategy: blame ISPs. That sent them down a path of trying to force ISPs to do a variety of things, such as installing filters, policing their networks for copyright-infringing material and, of course, kicking users off their networks. In the mind of entertainment industry execs, a failure to do any of these things should be a crime. Note how the industry totally shifts responsibility here. Rather than admitting that they should change with the market, it's always someone else who needs to change to protect the entertainment industry's obsolete business model.

While the industry has been able to get some politicians and ISPs to agree (amazingly, often against their own best interests), it's now gone a step further. A bunch of the biggest movie studios (Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Disney Enterprises, and the Seven Network) have teamed up to sue Australia's largest ISP, iiNet, for failing to stop copyright infringement. iiNet, you may recall, is the same ISP that has been mocking the Australian government for requiring filters. So, naturally, it's response to this lawsuit is rather direct. While the studios complain that iiNet isn't doing anything, iiNet responds that this is not true at all. They pass each complaint on to the police, because if there's a crime, then the police should deal with it:

They send us a list of IP addresses and say 'this IP address was involved in a breach on this date'. We look at that say 'well what do you want us to do with this? We can't release the person's details to you on the basis of an allegation and we can't go and kick the customer off on the basis of an allegation from someone else'. So we say 'you are alleging the person has broken the law; we're passing it to the police. Let them deal with it'.

We are not traffic cops. We can't stand in the middle of it and stop the individual items that might be against the law. These guys are asking us to be judge, jury and executioner.
Even better, iiNet's CEO Michael Malone gets to the heart of the matter:
I think they genuinely believe that ISPs have a secret magic wand that we are hiding and if we bring it out we can make piracy disappear just by waving it. And it doesn't exist.
Indeed, but that might mean that the entertainment industry has to actually take responsibility for their own business model failings, and they can't do that. So they have to blame others.

12 Comments | Leave a Comment..

 
Studies

Studies

by Mike Masnick


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Filed Under:
drm, piracy, world of goo


Video Game Without DRM Has Piracy Rates About The Same As DRM'd Games

from the so-why-bother? dept

Reader SteveD sent in this story a week ago, but I just got around to looking at the details. Apparently the makers of the video game World of Goo, which (as mentioned) was released without DRM, have roughly calculated the rate of piracy on the game to be about 90%. The calculation is certainly a rough one, and people can quibble with the number, but the basic reasoning seems sound. A lot of folks focused on that 90% number, but didn't pay as much attention to the more important comparison: how this compared to a DRM'd game. The game makers noted that it had almost no difference compared to another game released with DRM, showing that adding the DRM did absolutely nothing to prevent piracy. So why do video game companies keep insisting they need DRM?

27 Comments | Leave a Comment..

 

Yes, Actually, Music Can Be Free

from the if-you-know-a-little-economics,-that-is dept

A few folks have submitted links to a blog post by Mark Mulligan, who is a VP and Director of Research for Forrester. In the post, Mulligan talks about why music can't be free, noting:

Another argument being aired is that the music industry should stop being so hung up on trying to get paid online, indeed one story even referred to "the Music Industry's obsession with copyright". That's like saying "the car industry's obsession with cars". Copyright is the oxygen of the music industry. Without it there is no industry. Sure there may be cases for changing some industry practices but copyright remains the essence of making money from music.

Music cannot just be 'for free' anymore than cars or houses can 'just be for free'. If people aren't paid they don't make the product. Sure music will still exist, but you'll swap nicely programmed download stores and well stocked high street stores for buskers and millions upon millions of artist pages, all clamouring for your attention. Perhaps that sounds appealing? The problem is, most of them would sound a fraction as good as they would if they'd been able to give up their day jobs and been given proper equipment, studio time, mentoring and artist development support. And even those that would still manage to sound ok, would struggle to find their way to your PC or mobile screen as they wouldn't have any marketing support to help them get there.
Mulligan's post is actually in response to the various stories about France's SPPF suing a bunch of file sharing apps. However, it's a bit worrisome that a "research director" at one of the biggest research firms seems to have done so little research on the situation. While Mulligan's post is longer, let's just go through these two paragraphs and explain where Mulligan went wrong.

First of all, copyright is not, has not been and never will be the "oxygen of the music industry." The oxygen of the music industry would be fans, and if you treat your fans as criminals, you can be pretty sure that eventually they cut off that oxygen. Copyright may be an oxygen tank that artificially pumps oxygen into a sick and infirm patient, but it's hardly relevant to a healthy and robust system based on business models that take into account basic economics.

Next up is the claim that "music cannot be 'for free' anymore than cars or houses can 'just be for free.'" You would think that someone working as VP and research director of the second largest analyst firm would at least understand a little basic economics -- including the economics of scarce goods vs. infinite, or non-rivalrous, non-excludable goods. Apparently, not. So, Mulligan is simply wrong here. Yes, music absolutely can be free. Music, by itself, is quite different, fundamentally, than a car or a house, because those are scarce goods. If one person has a particular house, another person cannot. Yet, with music, everyone can have a copy of the same song. And, as we learned in basic economics, price is the intersection of supply and demand, and when supply is infinite, those curves meet at a price of zero. Alternatively, you can attack the same problem from another angle, which again was taught in basic economics: in a competitive market, price gets driven to marginal cost. The marginal cost of making a copy of a song is, once again, zero. Music can and should be priced at $0. That's just basic economics. To claim it "cannot be" without addressing such fundamental economics is troubling.

Even more troubling is that beyond even the "theoretical" aspects of the above paragraph, is the widespread proof that music absolutely can be free -- and that musicians can do quite well when it is free. Yet, instead of recognizing that, Mulligan trots out the tired and widely debunked line that "If people aren't paid they don't make the product." See what he did there? It's common among folks who are entering into such discussions for the first time. They say (a) music can't be free because (b) if people don't get paid, they don't make money. The problem with this statement is that he makes a huge leap that if (a) then (b). If music is free, musicians don't get paid. The problem is, that's false. We've spent over a decade chronicling various business models where people use free something to get paid for something else.

And, of course, this is hardly a "new" or "revolutionary" business model. It's the way the world has worked for ages. The pizza shop down the street from me offers a free soda with two slices of pizza. Yet, according to Mulligan's professional opinion on business models, the pizza shop should go out of business. After all, it's giving away a product for free, thus it's not getting paid. The problem with Mulligan's analysis -- which one would hope is not indicative of Forrester's quality of work -- is that he seems to have focused so narrowly on the market, that he doesn't know what the market actually is. He seems to think that the entirety of the market is selling music -- rather than using the music to sell plenty of other things. Musicians can sell a variety of scarcities, such as concert tickets, merchandise, access to the band, the ability to create new music and many other things.

The rest of Mulligan's argument simply builds on the spurious assertion that musicians wouldn't make any money without copyright. Considering that his underlying assumption is false, the rest of the paragraph makes little to no sense, especially in light of the reality of the music industry -- which is musicians can (and already do) make more money from focusing on selling scarcities.

Yes, we've all seen these arguments in the past -- but they're usually put forth by someone who hasn't thought through these issues, and has simply jumped into one of these debates without taking the time to understand the actual market fundamentals. Yet, here's a case where a top exec and director of research at one of the world's largest analyst firms is making these same very basic rookie mistakes. If your firm happens to be relying on Forrester for advice on such matters, perhaps it's time to consider an alternative.

50 Comments | Leave a Comment..

 

Sega Apparently Learned Nothing From EA's Spore-DRM Mistakes

from the this-isn't-hard dept

You would think that, given the widespread negative publicity generated by EA's choice to use draconian DRM with the release of Spore, that other video game companies might recognize that they'd be better served going in a different direction. Unfortunately, that's not the case with Sega, whose Sports Interactive subsidiary has released the latest copy of its incredibly popular Football Manager product, only to find that many, many legitimate customers are discovering they cannot activate the offering because the DRM is not working properly. And, not surprisingly, this is now leading to numerous negative reviews on Amazon, as people point out how the DRM has stymied their ability to actually play the game they've purchased (while some have noted that cracked copies of the game are already widely available). Congratulations, Sega. Not only have you failed to stop piracy, you've also pissed off many legitimate paying customers, and made sure that the game is poorly rated on Amazon. What do you plan for an encore?

23 Comments | Leave a Comment..

 

Singers Sue Label For Failing To Sue Others For Infringement

from the sue-or-be-sued dept

Techdirt has covered many copyright lawsuits in the past, but this one is a bit different. Singers Daryl Hall and John Oates have filed a suit against their publisher, Warner/Chappell Music, who they claim have failed to enforce their rights and sue an unnamed singer-songwriter for infringement. They claim this is in breach of their contract, and are seeking the termination of said contract as well as unspecified damages.

Two things strike me about this lawsuit (although I'm not a lawyer and haven't seen the contract, so take it for what it's worth). First, though the alleged infringer isn't named, there seem to be two possibilities given they date it as 2006 - Nelly Furtado's Maneater was apparently influenced by it, and it was sampled by the Ying Yang Twins in their song Dangerous. I would have hoped both of these would be covered by fair use -- Oates in fact said of the former, "it's flattering and it makes you feel good because you think you've influenced a new generation of musicians." The second is that litigation should be a tool of last resort, and a lawsuit over someone not suing isn't exactly in line with that sentiment.

In fairness to Hall and Oates, their reasoning for the filing is that Warner/Chappell have failed to act over a "conflict of interest", which implies the publishers were benefiting from the alleged infringement and failing to pass that benefit on. Still, the idea that a label could be liable for failing to sue for copyright infringement is hardly likely to improve the litigation-happy nature of the industry at present.

Douglas Gresham is an expert at the Insight Community. To get insight and analysis from Douglas Gresham and other experts on challenges your company faces, click here.

16 Comments | Leave a Comment..

 

Facebook Sued For Patent Infringement

from the welcome-to-the-big-time dept

It's pretty much a rite of passage for any tech company these days, as you get larger and more recognized, some company that has an overly broad and probably obvious patent will sue you for patent infringement. For the company in question, the lawsuit is as much a publicity event as it is an attempt to squeeze revenue from an actual innovator. The latest example of this is with an Ohio company no one's heard of called Leader Technologies, who is suing Facebook for patent infringement, and was kind enough to send out a press release announcing this before Facebook even got to see the lawsuit. Clearly, this is a publicity stunt.

As for the patent itself, it basically describes the rather obvious process of associating a piece of data with multiple categories. It's almost surprising that the company is suing Facebook instead of Google. While I'm not a heavy Facebook user, I'm not sure where Facebook uses such a system. Google, however, has made widespread use of a similar idea with its Gmail "labels." The idea is that rather than sorting data into a specific folder or category, it can be associated with multiple categories. If that seems rather obvious and ridiculously broad, well, that's the patent system for you these days.

20 Comments | Leave a Comment..

 
Studies

Studies

by Mike Masnick


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Filed Under:
children, communication, social networks


Yet Another Study Shows That Social Networks Are Good For Kids

from the yet-politicians-still-want-them-blocked-in-schools dept

This has been covered before, of course, but it's always good to see more research on the subject. The MacArthur Foundation has just released Mizuko Ito's latest study about online socializing, and found that it's an important and healthy part of youth communications these days, and politicians and parents who freak out over the amount of time kids spend chatting with each other online are overreacting. Hopefully, with more studies like this, we can get politicians to stop trying to ban social networks in school, and recognize that it can be a healthy part of the way kids communicate.

9 Comments | Leave a Comment..

 
Failures

Failures

by Mike Masnick


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Filed Under:
3d chat, lively, virtual worlds

Companies:
google


Google Kills Lively Quickly

from the that-didn't-take-long dept

Just a few months ago, when Google launched its "Lively" 3D chat offering, I questioned Google's strategy, as it didn't seem to offer anything different or compelling. Some people here disagreed, and believed Google would be able to turn the service into something compelling, but that appears not to be. Since the launch, to be honest, I can't recall ever hearing about Lively again -- and had pretty much forgotten it existed. And, indeed, less than six months after launching it, Google has killed off Lively, admitting that the experiment was something of a failure.

There seems to be a growing pattern in figuring out which Google projects are a success and which will fail. When it merely copies something others are doing, as with Lively, it tends not to do very well. When it changes the game, as it did originally with things like Google Maps (the first real AJAXy mapping solution) and Gmail (huge storage and AJAXy front end), then it gets usage. Google's success has always been in reimagining products that people seem to believe are mature, and completely reshaping how people think about those products. That was true with maps (which had been dominated by MapQuest and Yahoo Maps for years) and email... and it was even true in search. People thought the search market was too crowded when Google showed up, but its solution was so different and so much more compelling it got attention. Lively, on the other hand, was a pure me-too play. There are half-a-dozen other offerings that effectively do the same thing. Google didn't give anyone a real reason to use Lively... and, so it shouldn't be too surprising that Lively is now dead.

7 Comments | Leave a Comment..

 

Nathan Myhrvold Now Capitalizing On Failed University Patent Intitiatives

from the privatizing-publicly-funded-research dept

We've discussed, in the past, the infamous Bayh-Dole Act, which tried to push universities to patent more of their research, with the idea that it would make research more commercializable. In fact, the unintended consequences were to significantly harm university research. Universities quickly set up "technology transfer" offices, with the idea of selling off patents for tons of money, but the vast majority of universities discovered that such technology transfer offices cost a lot more than they made, and so they were a drain on university resources (you know, which could have gone to basic research). On top of that, the new focus on patenting everything caused researchers to be much more afraid to share ideas and concepts with colleagues, greatly diminishing the value of research or the ability of researchers to explore other areas where colleagues might have already applied for patents, for fear of "infringing."

However, it looks like Nathan Myhrvold's Intellectual Ventures, which we've discussed at length, in the past, is looking to take advantage of this situation. With so many university technology transfer offices losing money, IV has been going around and signing deals with universities. Basically, IV gives those tech transfer offices some money upfront, allowing IV to effectively add each university's patent pool to its own portfolio that it uses to go around demanding hundreds of millions of dollars from companies to "protect" them against any future lawsuits.

Effectively, the end result is less actual research being done at universities, while some guys who don't actually build anything get rich. And, oh yeah, the companies that actually do stuff are poorer. Doesn't something seem highly suspect about this scenario?

12 Comments | Leave a Comment..

 
Failures

Failures

by TIC Expert,
Carlo Longino


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Filed Under:
yellow pages

Companies:
idearc, r.h. donnelley


Yellow-Pages Publishers Teetering On The Brink

from the didn't-see-this-coming,-not-at-all dept

A few times a year, I find a copy or two of Yellow Pages directories sitting on my doorstep. Never mind that I haven't used one in several years, they just keep on coming, from multiple publishers. Personally, it's far easier -- and better -- to just search online for whatever I'm looking for. There's the easy access to maps, or the ability to go to a site like Yelp and get other people's feedback and opinions on various businesses. While I imagine there's still a fair amount of people that use their Yellow Pages books, it's hardly surprising to read that several of the different publishers are close to going out of business. Shares in two of the bigger companies, Idearc and R.H. Donnelley, have dropped 99 percent in the last year, reflecting their deteriorating business and the lack of faith investors have in their ability to survive. In some way, this is pretty interesting: the publishers for so long had valuable businesses with more extensive relationships with local business owners than anybody. But perhaps they took that for granted, assuming that those relationships would carry them through the rise of the internet. But their web sites have generally been miserable, especially when compared to the business directories created by internet companies. While some of the publishers are trying to beef up their online efforts, it's unlikely they'll be able to make up for their shriveling print revenues, meaning the Yellow Pages will soon be little more than memory.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

22 Comments | Leave a Comment..

 
Email

Email

by Mike Masnick


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Filed Under:
spam, spammers

Companies:
mccolo


Spammers Trying To Regain Control Over Cut Off Spam Bots

from the the-battle-is-on dept

Last week, there was a lot of attention over the shutdown of McColo, a hosting company that was apparently used by a huge number of spammers to control some of the largest zombie botnets out there. While we were initially skeptical of just how big an impact this had (the press and some antispammers have "cried wolf" way too many times in the past on the impact of shutting down certain spam operations), the evidence in the days that followed suggested, indeed, that an awful lot of the world's spam was controlled via McColo. The Washington Post, which kicked off the shutdown by presenting evidence of McColo's spam connections to its upstream providers, is now digging deeper into how the whole operation worked.

Burying the lede a bit, the article notes that McColo actually came back online briefly this past weekend, and apparently spammers very quickly worked to transfer data to Russian servers while trying to update various botnets to take commands from those servers, rather than the cut off McColo servers. There's some speculation that McColo tried to time the reconnect to weekend hours when most working stiffs wouldn't notice. However, Swedish telco TeliaSonera, who provided the connection (thanks to an old agreement the two firms had) pulled the plug within hours of being notified.

It's also worth noting that McColo hasn't made any public statements since this whole situation came about, which certainly raises questions about how much the folks who ran the company knew about how their network was being used. Even though it sounds like spammers may not have been able to regain full control over their botnets, it seems likely that they did regain some control, and spam levels are likely to get back to where they were in rather short order.

15 Comments | Leave a Comment..

 

Kentucky Appeals Court Tells Kentucky To Hold Off Seizing Domains

from the wait-just-a-second... dept

While a lower court in Kentucky had agreed to allow the state to seize 141 domain names as being "illegal gambling devices" despite having nothing to do with the state of Kentucky, other than being available on internet connections there (and everywhere else), an appeals court has now issued an injunction to stop the state from seizing the domains until the appeal can be heard. While we still have to wait for the full appeal, at least damage won't be done in the interim.

There's one other interesting note in the article, which is that Kentucky's Attorney General appears to be trying to distance himself from the case. Even though most state actions are normally taken by the AGs office, in this case, the lawsuit was filed by the state's Secretary of Justice and Public Safety (there's some question if it's legal for this person to bring the suit). Either way, the AG's name was on the case, but he's now specifically asked to have his name removed from the case. That seems like quite a statement. When even the Attorney General of the state wants nothing to do with the lawsuit, perhaps it's time for the state to admit it overstepped some legal bounds.

15 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


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Filed Under:
keylogger, legality, liability


Should It Be Illegal To Sell A Keylogger? Or Just To Use It?

from the might-be-pushing-the-boundaries dept

A court has issued an injunction temporarily banning the sale of a keylogger product called RemoteSpy. The ruling probably makes sense under the current FTC law, but it does raise some questions about whether it really makes sense to ban the sale of such a program, versus just the use of one. I can certainly understand why you might want to ban the sale of such programs, because if they're sold, they're perhaps more likely to be used. However, it still seems wrong to make it illegal to sell some software because that software can be used for illegal activities. Shouldn't the liability belong to those who actually use the software for illegal purposes?

34 Comments | Leave a Comment..

 

Lori Drew's Lawyers Worried About Finding Jury That Hasn't Prejudged Drew

from the tough-case dept

With the judge agreeing that the information about Megan Meier's suicide can be included in the computer fraud lawsuit against Lori Drew, Drew's lawyers are discovering that the emotional aspects of the case may be difficult to get past. In fact, in reviewing questionnaires that potential jurors were asked to fill out, many expressed outright disgust and "viciousness" for Drew. Once again, it's becoming increasingly clear, that it will be impossible for Drew to get a fair hearing on what the case is actually about: whether or not it's a violation of computer fraud and hacking laws to break the terms of service for an online service. Instead, people are focusing on Meier's suicide, which has absolutely nothing to do with the actual charges. This is a witch hunt appealing to emotional responses, rather than reasoned ones. It's been rather depressing to see how many folks have no problem abusing the law in this manner. If the lynch mob aspect of this case is allowed to go on, it will eventually be looked back on as a mockery of the law.

28 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Print


Filed Under:
nancy gertner, settlement

Companies:
riaa


RIAA Agrees To Settlement, Then Asks For Twice As Much

from the anything-they-can-get-away-with dept

Ray Beckermann is, once again, highlighting some highly questionable activities by the RIAA, noting that after getting defendants to agree to a settlement amount, the RIAA sometimes immediately asks for double the agreed upon amount, and submits that proposal to the court. It's unclear how widely this is happening, but at least in one case, it's good to hear that a judge has prevented the RIAA from getting away with this practice by denying the agreement, noting the different sum than the one agreed to by the parties:

Judge Nancy Gertner: ELECTRONIC ORDER entered re Stipulation To Judgment and Permanent Injunction filed by All Plaintiffs as to defendant LaShaana Straw. "The parties' Stipulation to Judgment is DENIED. Plaintiffs request that the Court approve a Stipulation requiring the Defendant to pay $10,700, yet state in their Response that they have agreed to accept half that amount, $5,350, in full satisfaction of the monetary portion of the proposed judgment. The Plaintiffs do not provide any reason for this highly unusual arrangement, and the Court will not approve a stipulation which fails reflect the actual terms of the agreement. The Plaintiffs must present to the Court a proposed judgment which accurately states the amount the Defendant will be required to pay to settle the claims."
This would be the same judge, by the way, who slammed the RIAA for its questionable legal tactics just a few months ago. You would think that the RIAA would know better than to try to play legal games with Judge Gertner.

21 Comments | Leave a Comment..

 

Are Copyright Holders Purposely Putting Content On P2P In Order To Demand Money?

from the that's-what-we-call-extortion dept

We've discussed the highly questionable activities of UK law firm Davenport Lyons for its supposed campaigns on behalf of various copyright holders. From what we had seen, the firm wasn't particularly interested in actually protecting content from being shared online -- only in threatening as many people as possible with "pre-settlement letters" to get them to pay up to avoid being sued. This certainly feels like what's commonly called extortion, especially, as it came to light that the pre-settlement letters are being sent to many innocent bystanders. Since this is a business model issue (squeezing individuals to pay up) rather than actually being about protecting copyright, it's no surprise that the pre-settlement letters would be sent as widely as possible, even if there was no actual evidence showing guilt.

However, the situation may be even worse than originally suspected. In an article about Davenport Lyons' latest client, TorrentFreak notes that the copyright holder may be contracting with a company to purposely spreading the content on file sharing networks for the purpose of making it easier to find people to threaten with pre-settlement letters. There are a number of different players involved here, but basically, copyright holders are licensing the copyright on various movies to a firm called DigiProtect. DigiProtect, in turn, hires Davenport Lyons to send out the pre-settlement letters. But in a leaked contract between DigiProtect and one copyright holder, it's made quite clear in the contractual language, that DigiProtect is expected to upload the movies as widely as possible prior to having a law firm send out the pre-settlement letters:

To achieve the purpose outlined in clause 1, LICENSOR grants DIGIPROTECT the exclusive right to make the movies listed in Appendix 1 worldwide available to the public via remote computer networks, so-called peer-2-peer and internet file sharing networks such as e-Donkey, Kazaa, Bitorrent, etc. for the duration of this agreement
In other words, it's quite clear that this has nothing to do with preventing content from getting on file sharing networks. Instead, they're specifically putting it there themselves, apparently hoping to get it as widespread as possible, in order to send out the threat letters more widely, so they can collect on the "settlements" from people scared that they're about to get sued. It's hard to see how that's not a massive abuse of copyright law.

42 Comments | Leave a Comment..

 

Monty Python Puts All Its Content On YouTube To Increase Sales Of Scarce Goods

from the good-for-them dept

As quite a few folks have sent in, it appears that the always funny team of folks who made up Monty Python actually seem to get the concept of giving away infinite goods to increase the value of scarce goods. They've set up a Monty Python channel on YouTube, where they'll be putting up pretty much all of their videos in high quality. The video announcing this is quite amusing, and a good contrast to all those content providers who decided to sue YouTube, rather than learn to embrace it:

First, it points out that plenty of folks have already been posting content to YouTube, and while they could sue, instead, they decided to fight free videos with free videos by putting up their own versions -- in higher quality. There's a funny segment where the Monty Python crew reacts to being told that all of this content will be available for free, and then the video notes that while this content will be free, they're hoping people viewing the videos will go to the Pythonline site and buy DVDs (scarce goods) of their movies as well. What an idea. Instead of suing, give fans what they want, and give them a reason to buy. Ideally, they would provide extra reasons to buy the DVDs, rather than just praying that people will, but this is definitely a much better reaction than so many others.

24 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Print


Filed Under:
australia, filters, isps, porn, regulations

Companies:
iinet


Australian ISP Agrees To Filter... Just To Show How Stupid It Is

from the that'll-show-'em dept

Australian politicians have been pushing to censor the internet for years, with its latest initiative being the most extreme and most ridiculous. Of course, even though each and every past effort by the Australian government has failed miserably, they always seem to think that this time it will be different. At least the largest Australian ISP thinks the government is out of its mind. The CEO of iiNet has agreed to sign up for the filters, but only to collect hard data in order to prove to the government "how stupid" the plan is:

"They're not listening to the experts, they're not listening to the industry, they're not listening to consumers, so perhaps some hard numbers will actually help. Every time a kid manages to get through this filter, we'll be publicising it and every time it blocks legitimate content, we'll be publicising it."
Good for them, though it seems unlikely to work. In the past when similarly ineffectual filters were demonstrated, Australian officials just interpreted it to mean they needed to pass stricter laws.

8 Comments | Leave a Comment..

 

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