Google Accused Of Invisibly Deleting Blog Posts On The RIAA's Say-So

from the how-not-to-promote-yourself dept

The fight between music bloggers and record labels reached its most visible point when a guy who uploaded a leaked copy of the latest Guns N' Roses album to his site got arrested by the FBI. But many music bloggers are now fighting a much more invisible menace, with posts they've written suddenly disappearing from their sites (via Tyler Hellard) hosted on Google's Blogger platform. An RIAA source says that the group sends Google a list of URLs it doesn't like, and Google "then deals with the problem." Google says that it notifies bloggers after their posts have been taken down, in accordance with the DMCA. But it should hardly be surprising that many of those affected say they've gotten no such notice, nor that the offending material was either legally posted and/or supplied by the labels themselves. So two possibilities emerge: the RIAA is filing false DMCA takedowns, and/or its legal right hand doesn't know what the labels' promotional left hands are doing. The upshot of this is that lots of music bloggers say the threat of landing in legal trouble -- particularly for posting music supplied to them by labels and artists -- is having a chilling effect on them, and could eventually stop them from blogging, shutting down a valuable promotional tool for the labels. That sort of shooting itself in the foot, though, seems to be the record industry's specialty.

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.

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Would You Believe Copyright Infringement Notices Are Based On Faulty Information?

from the and-that's-against-the-law... dept

This has been pointed out before, but never by an academic study: it turns out that many of the infringement notices that get sent by the big entertainment companies are based on incorrect information, often accusing perfectly legitimate content of being infringing. The study, by some professors at the University of Washington, proved that the notices are sent, rather haphazardly based on whether or not an IP address participates on a file sharing network -- and not whether or not it actually uploads or downloads any content. Specifically, these researchers set about to monitor file sharing networks themselves, and introduced a software agent that watched over what was happening -- but which did not actively upload or download anything itself. But what happened? The researchers received 400 notices claiming that their IP address had participated in unauthorized file sharing. Basically, as suspected, the industry watchdogs merely list out (easily faked) IP addresses, and use that as their entire body of evidence to file a claim.

So, while this isn't that surprising, it's even more proof of just how flimsy the RIAA/MPAA evidence is when they file these suits. Even worse, when this information is the basis of DMCA takedown notices, it's potentially a violation of the law -- as part of filing a DMCA takedown is swearing that you have proof that infringement occurred. The scary thing is that all of this has been pointed out to the industry before -- and yet the folks involved still seem to think that they are above the law. For all their moralizing about "pirates" not obeying the law, you would think that they would be careful about making sure they weren't breaking the law themselves. Apparently not.

Update: Realizing I left out the best part. In showing how the IP addresses can be easily faked, the researchers used the IP address of three laser printers who were then accused of "making available" unauthorized material. Somehow, I get the feeling this particular research paper is going to find its way into a variety of legal battles in the near future.

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RIAA Massively Ramps Up Warning Notices To College Students Over File Sharing

from the last-throes... dept

While the RIAA has been sending threatening notices to colleges about student file sharing for a while now, it seems to have recently stepped up the attack. Various colleges are reporting a rather massive increase in these notices, despite no discernible change in file sharing activity. In some cases, they're suddenly getting as many notices in a day as they used to get in a month. Some universities are also pointing out that they don't see any corresponding activity in their log files that would indicate that industry insiders had actually checked to make sure these files were infringing.

One interesting theory is mentioned in the Wired article above. The RIAA has been using the number of such notices as some sort of indicator of how much piracy is occurring -- and even lobbying for laws that would require any university that got over a certain number of notices to install special filtering/monitoring software. So, by showing an increase, the RIAA can try to show how "necessary" this is, even if the notices are totally bogus. As one person points out in the article, it does not seem at all reasonable to judge how much piracy is occurring (or what actions need to be taken) based on an arbitrary number that is totally under the control of the RIAA.

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