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<title>Techdirt. Stories about &quot;ifpi&quot;</title>
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<pubDate>Wed, 27 Feb 2013 11:11:00 PST</pubDate>
<title>Music Industry Data: Sales Up, Piracy Down... But It's Not Because Of Any 'Anti-Piracy' Efforts</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130227/01483822127/music-industry-data-sales-up-piracy-down-its-not-because-any-anti-piracy-efforts.shtml</link>
<guid>http://www.techdirt.com/articles/20130227/01483822127/music-industry-data-sales-up-piracy-down-its-not-because-any-anti-piracy-efforts.shtml</guid>
<description><![CDATA[ A few folks have sent over variations on two different reports concerning the music industry, with some suggesting that this is "proof" that the recording industry's "war on piracy" has been effective on two fronts: increasing sales and reducing piracy.  Of course, for many years, we've questioned whether or not reducing piracy <a href="http://www.techdirt.com/articles/20120330/18222718314/is-there-any-value-cracking-down-piracy-if-it-doesnt-increase-sales.shtml">actually increases sales</a>, so we looked closely at the numbers and they don't seem to say what some people think they're saying.  The Hollywood Reporter has a <a href="http://www.hollywoodreporter.com/news/recorded-music-industry-revenue-rises-424574" target="_blank">good summary of both reports</a>.  One comes from IFPI, celebrating that "global recorded music revenue" rose 0.3% in 2012.  That is, obviously, a tiny increase, but it is an increase.  Of course, as we've noted, "recorded" music revenue is merely one piece of the wider music industry ecosystem -- and that entire ecosystem has been <a href="http://www.techdirt.com/skyisrising/">growing</a> for quite some time.
<br /><br />
The second report comes from one of the industry's favorite researchers, NPD, claiming a massive decline in music file sharing (based on consumer surveys).  I've found NPD's data to be <a href="http://www.techdirt.com/articles/20110324/16194713614/drop-p2p-file-sharing-due-to-limewire-shutdown-pyrrhic-victory-recording-industry.shtml">suspect</a> in the past, but let's just assume this is true.  Then, can we reach the conclusion that the industry's anti-piracy efforts both worked and that it led to increased sales?
<br /><br />
Actually... no.  Not even close.  We can see this pretty clearly just by looking beyond the recorded music market, to the wider file sharing space.  Various reports have made it clear that widespread file sharing (mostly of infringing content) has continued to grow quite rapidly during the same time period.  Sandvine <a href="http://www.sandvine.com/downloads/documents/Phenomena_2H_2012/Sandvine_Global_Internet_Phenomena_Report_2H_2012.pdf" target="_blank">reports</a> (pdf) that BitTorrent traffic increased <i>40%</i> over the same basic time frame.  Or, zero in on a <i>different</i> market beyond music.  How about software?  The BSA's annual report continues to show <a href="http://portal.bsa.org/globalpiracy2011/downloads/study_pdf/2011_BSA_Piracy_Study-Standard.pdf" target="_blank">increases in "piracy."</a>
<br /><br />
What does that say?  Well, if wider anti-piracy campaigns were effective, we wouldn't just be seeing a decline in music infringement.  We'd see similar declines across the board.  But the overall space and some other, similar, markets are showing <i>increases</i> in infringing content spreading.
<br /><br />
That leads us to the much more reasonable hypothesis: the reason that music piracy is down and revenue is up is <b>because the industry has finally started allowing more innovation</b> into the market.  Not surprisingly, this is <i>exactly what <a href="http://www.techdirt.com/blog/innovation/articles/20120810/02111919983/entrepreneurs-vcs-tell-white-house-to-focus-innovation-rather-than-ip-enforcement.shtml">we've been arguing for years</a></i>.  If you let the tech industry create useful new services that better provide the public with what they want, you get services and products that people are willing to pay for.  And when that happens, infringement decreases, because the legitimate and authorized services are <i>better</i> than infringing.  It's why music infringement fell off a cliff in Sweden when Spotify launched there, despite also being the home of The Pirate Bay.  Notably, when music infringement plummeted in Sweden, other types of infringement did not similarly drop.
<br /><br />
In other words, for all the complaints about these new services, and the many, many attempts to hold them back or neuter them, letting new services grow and thrive seems to be the best "anti-piracy" measure that the record labels could have used.  And yet it still thinks it needs to focus on punishing fans and limiting services.<br /><br /><a href="http://www.techdirt.com/articles/20130227/01483822127/music-industry-data-sales-up-piracy-down-its-not-because-any-anti-piracy-efforts.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130227/01483822127/music-industry-data-sales-up-piracy-down-its-not-because-any-anti-piracy-efforts.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130227/01483822127/music-industry-data-sales-up-piracy-down-its-not-because-any-anti-piracy-efforts.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>let's-walk-this-through</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130227/01483822127</wfw:commentRss>
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<pubDate>Fri, 7 Sep 2012 17:29:00 PDT</pubDate>
<title>Copyright Holders Still Sending DMCA Takedowns On Content That's Been Gone For Months</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120907/13121720312/copyright-holders-still-sending-dmca-takedowns-content-thats-been-gone-months.shtml</link>
<guid>http://www.techdirt.com/articles/20120907/13121720312/copyright-holders-still-sending-dmca-takedowns-content-thats-been-gone-months.shtml</guid>
<description><![CDATA[ We keep seeing various DMCA takedown failures, and the folks over at TorrentFreak have discovered another common error while going through Google's <a href="http://www.techdirt.com/articles/20120523/17520119054/google-lifts-veil-copyright-takedowns-reveals-detailed-data-who-requests-link-removals.shtml">Copyright Transparency Report</a> and found that big copyright holders are <a href="http://torrentfreak.com/anti-piracy-outfits-think-megaupload-demonoid-btjunkie-are-still-alive-120907/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">still filing DMCA takedown notices on content hosted on sites like Megaupload and BTJunkie</a>, despite the former being shut down in January and the latter shutting itself down in February.
<br /><br />
If you look, you can see a <a href="http://www.google.com/transparencyreport/removals/copyright/domains/megaupload.com/" target="_blank">bunch of takedown requests</a> for Megaupload links in the past month.
<center>
<a href="http://imgur.com/zcInk"><img src="http://i.imgur.com/zcInk.png" width=500 /></a>
</center>
Some of these are by smaller players, whom you might expect to be confused, but there are some big guys as well.  In the screenshot above you can see both BPI and the IFPI (on behalf of Sony Music).  There are also DMCA requests from Universal Music, EMI, the Publishers Association and others.  All for content that clearly doesn't exist and hasn't existed in months.  Kinda makes you wonder if they even check this stuff.  Considering that all of these copyright holders seem to think that Google and others can just magically "know" when there's infringing content around, it's pretty telling that even they don't seem to know how to tell if content <i>exists</i>, let alone if it's infringing.<br /><br /><a href="http://www.techdirt.com/articles/20120907/13121720312/copyright-holders-still-sending-dmca-takedowns-content-thats-been-gone-months.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120907/13121720312/copyright-holders-still-sending-dmca-takedowns-content-thats-been-gone-months.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120907/13121720312/copyright-holders-still-sending-dmca-takedowns-content-thats-been-gone-months.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>dmca-failures</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120907/13121720312</wfw:commentRss>
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<pubDate>Thu, 30 Aug 2012 10:34:34 PDT</pubDate>
<title>Revolving Door: US Copyright Office General Counsel Becomes IFPI Lobbyist</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120830/02135620215/revolving-door-us-copyright-office-general-counsel-becomes-ifpi-lobbyist.shtml</link>
<guid>http://www.techdirt.com/articles/20120830/02135620215/revolving-door-us-copyright-office-general-counsel-becomes-ifpi-lobbyist.shtml</guid>
<description><![CDATA[ We've pointed out over and over again that the revolving door between the government and the big copyright maximalists represents a broken system -- and we're seeing it yet again.  David Carson, the long time General Counsel of the US Copyright Office has announced that he's leaving that job... <a href="http://www.ip-watch.org/2012/08/29/revolving-door-us-copyright-general-counsel-joins-music-industry/?utm_source=post&#038;utm_medium=email&#038;utm_campaign=alerts" target="_blank">to become head of global legal policy for the IFPI</a> (the international version of the RIAA).  His role will be to "coordinate the recorded music industry's legal policy strategy worldwide."  Think he'll have undue influence with the US Copyright Office?  He's only been in General Counsel of the US Copyright Office for 15 years.  Of course, the IP-Watch story linked above shows how the revolving door works both ways.  In effect, Carson is replacing Shira Perlmutter, who left the IFPI role earlier this year... to become the chief policy advisor on IP issues for the US Patent and Trademark Office.<br /><br /><a href="http://www.techdirt.com/articles/20120830/02135620215/revolving-door-us-copyright-office-general-counsel-becomes-ifpi-lobbyist.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120830/02135620215/revolving-door-us-copyright-office-general-counsel-becomes-ifpi-lobbyist.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120830/02135620215/revolving-door-us-copyright-office-general-counsel-becomes-ifpi-lobbyist.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>system-failure</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120830/02135620215</wfw:commentRss>
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<pubDate>Tue, 31 Jul 2012 07:08:33 PDT</pubDate>
<title>Music Labels Have No Plans To Share Any Money They Get From The Pirate Bay With Artists</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120730/18253419886/music-labels-have-no-plans-to-share-any-money-they-get-pirate-bay-with-artists.shtml</link>
<guid>http://www.techdirt.com/articles/20120730/18253419886/music-labels-have-no-plans-to-share-any-money-they-get-pirate-bay-with-artists.shtml</guid>
<description><![CDATA[ We see this <i>every single time</i> the music labels (usually RIAA or IFPI) "win" a big case against an alleged "pirate" site.  They're awarded a bunch of money... and none of it goes to the artists.  We've heard about it happening with <a href="http://www.techdirt.com/articles/20110512/21363814255/limewire-settles-105-million-how-much-that-will-go-to-artists.shtml">Limewire</a> and <a href="http://www.techdirt.com/articles/20061030/181219.shtml">YouTube</a> (though that was payoff to prevent a lawsuit, rather than the result of a lawsuit).  And, once again, that appears to be happening with The Pirate Bay.  TorrentFreak has the leaked document from the IFPI showing that it plans to <a href="http://torrentfreak.com/pirate-bay-loot-with-artists-120728/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">reinvest whatever it gets... in the IFPI</a> to continue its "anti-piracy efforts," such as going after other sites to get similar settlements for the same reason.
<br /><br />
To be clear, the IFPI notes that it's unlikely to collect much, if any, of the money in this particular case, because (contrary to what it claimed all along), it certainly doesn't appear that TPB made very much money -- and the people sued "have no traceable assets."  However, the ruling was clear that the money being awarded to the labels was "to compensate artists and rightsholders for the losses they suffered.  But that's not how it would be used:
<blockquote><i>
&#8220;There is an agreement that any recovered funds will be paid to IFPI Sweden and IFPI London for use in future anti-piracy activities,&#8221; IFPI writes.
</i></blockquote>
TorrentFreak quotes Peter Sunde, one of the four who was convicted, noting that this is a case where money was directly promised to artists and not delivered.  That seems a hell of a lot more like "theft" than anything that <a href="https://www.techdirt.com/articles/20120709/03210219621/peter-sunde-pirate-bay-spokesperson-details-why-his-conviction-was-farce.shtml">he did</a>:
<blockquote><i>
&#8220;They say that people who download give money to thieves &#8211; but if someone actually ends up paying (in this case: three individuals) then it&#8217;s been paid for. So who&#8217;s the thief when they don&#8217;t give the money to the artists?&#8221;
<br /><br />
According to Sunde the news doesn&#8217;t come as a surprise.
<br /><br />
&#8220;As far as I know, no money ever won in a lawsuit by IFPI or the RIAA has even gone to any actual artist,&#8221; Sunde says.
</i></blockquote>
Indeed.  I am unaware of any of the proceeds from any such lawsuits ever making it back to artists.<br /><br /><a href="http://www.techdirt.com/articles/20120730/18253419886/music-labels-have-no-plans-to-share-any-money-they-get-pirate-bay-with-artists.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120730/18253419886/music-labels-have-no-plans-to-share-any-money-they-get-pirate-bay-with-artists.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120730/18253419886/music-labels-have-no-plans-to-share-any-money-they-get-pirate-bay-with-artists.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-not-how-labels-work</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120730/18253419886</wfw:commentRss>
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<pubDate>Fri, 29 Jun 2012 05:19:00 PDT</pubDate>
<title>3 Strikes Plan Re-established In Ireland After Court Decides To Ignore Data Protection Commission Ruling</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120628/18040419531/3-strikes-plan-re-established-ireland-after-court-decides-to-ignore-data-protection-commission-ruling.shtml</link>
<guid>http://www.techdirt.com/articles/20120628/18040419531/3-strikes-plan-re-established-ireland-after-court-decides-to-ignore-data-protection-commission-ruling.shtml</guid>
<description><![CDATA[ A few years back, IFPI sued Irish ISP Eircom for not waving a magic wand and stopping infringement.  It was part of the legacy entertainment industry's strategy to try to force ISPs into kicking people offline under a 3 strikes regime, even if they couldn't get a law to that effect (the two key places where this was tried were in Ireland and Australia).  Eircom actually folded and agreed to start kicking its own customers offline on a 3 strikes (accusations, not convictions) approach, as long as the legacy recording industry also pressured its competitors to do the same thing.  Of course, once Eircom started, it totally screwed up and sent a bunch of notices to people who were entirely innocent, triggering a governmental review.  The end result was that the Irish Data Protection Commission <a href="http://www.techdirt.com/articles/20111219/04293517126/three-strikes-approach-rejected-irish-data-protection-commissioner-govt-seeks-censorship-plan-instead.shtml">rejected</a> the 3 strikes system, over significant concerns about how it involved spying on customers.
<br /><br />
The labels fought back... and have now won.  A court <a href="http://torrentfreak.com/irish-record-labels-win-court-reinstates-3-strikes-for-file-sharing-120628/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">has rejected the findings of the Data Protection Commission (DPC)</a> and argued, amazingly, that there are simply no privacy concerns at all with having ISPs track what you do online.  Well, that's not quite how the court put it.  Instead, it said that there's no privacy questions involved in "the detection and punishment of individuals who engage in unlawful Internet file-sharing."  Er... considering the whole issue that kicked this off was false accusations against those who did not engage in such things, it seems the judge is pretty confused.  Furthermore, the judge seems to think that there's a way to spy on users, but only track their infringing efforts.  The problem -- and the main privacy concern -- is not so much in the tracking of infringing activity, but all of the legitimate activity that gets tracked as well.
<br /><br />
Perhaps Justice Peter Charleton should open up his own log files to the public so that we can see if he's infringing.  There is, according to his version of things, no privacy violations there, because we all promise only to make sure he's not breaking copyright law.<br /><br /><a href="http://www.techdirt.com/articles/20120628/18040419531/3-strikes-plan-re-established-ireland-after-court-decides-to-ignore-data-protection-commission-ruling.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120628/18040419531/3-strikes-plan-re-established-ireland-after-court-decides-to-ignore-data-protection-commission-ruling.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120628/18040419531/3-strikes-plan-re-established-ireland-after-court-decides-to-ignore-data-protection-commission-ruling.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>protect-what-data?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120628/18040419531</wfw:commentRss>
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<pubDate>Mon, 21 May 2012 19:31:00 PDT</pubDate>
<title>Russian Appeals Court Says Popular Social Network vKontakte Is Liable For File Sharing By Users</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120518/16331118979/russian-appeals-court-says-popular-social-network-vkontakte-is-liable-file-sharing-users.shtml</link>
<guid>http://www.techdirt.com/articles/20120518/16331118979/russian-appeals-court-says-popular-social-network-vkontakte-is-liable-file-sharing-users.shtml</guid>
<description><![CDATA[ The Russian social network site vKontakte is often called "The Facebook of Russia," in large part because it <i>looks</i> a lot like Facebook.  It's incredibly popular across the Russian-speaking region (Russia, Ukraine, Belarus, etc.).  However, for years, the entertainment industry has argued that the main reason it's so popular is because it has a built in file sharing feature, which is regularly used for the unauthorized sharing of music files.  It's no secret that plenty of unauthorized music gets shared this way -- and we've even seen other file sharing platforms (even those targeted outside of Russian-speaking countries) built on top of vKontakte's system.  A court had ruled that the site was liable earlier this year, and <a href="http://paidcontent.org/2012/05/18/vkontaktecopyright/" target="_blank">now an appeals court has backed that up</a>.  The full details aren't entirely clear, as most of the information so far comes from a <a href="http://the1709blog.blogspot.com/2012/05/ifpi-and-global-recording-industry-have.html" target="_blank">gloating press release from IFPI</a>.  If there are specific activities that vKontakte does to encourage unauthorized sharing that's one thing, but merely having a feature that allows individuals to share files seems like a perfectly legitimate feature.  The fact that it's widely used to infringe shouldn't put the blame on the service provider automatically.  It would be great to see more details of the ruling to understand the thinking.<br /><br /><a href="http://www.techdirt.com/articles/20120518/16331118979/russian-appeals-court-says-popular-social-network-vkontakte-is-liable-file-sharing-users.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120518/16331118979/russian-appeals-court-says-popular-social-network-vkontakte-is-liable-file-sharing-users.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120518/16331118979/russian-appeals-court-says-popular-social-network-vkontakte-is-liable-file-sharing-users.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>third-party-liability</slash:department>
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<item>
<pubDate>Tue, 27 Mar 2012 08:33:47 PDT</pubDate>
<title>Spanish Recording Industry Lobbyists Sue Professor For Highlighting Its Monopolistic Practices</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120327/03083718253/spanish-recording-industry-lobbyists-sue-professor-highlighting-its-monopolistic-practices.shtml</link>
<guid>http://www.techdirt.com/articles/20120327/03083718253/spanish-recording-industry-lobbyists-sue-professor-highlighting-its-monopolistic-practices.shtml</guid>
<description><![CDATA[ Yet again, we're left scratching our heads at the basic failure of recording industry lobbyists to think about the consequences of their actions.  The latest is that Promusicae, the Spanish recording industry lobbying group that is associated with the IFPI (which, itself is associated with the RIAA) <a href="http://falkvinge.net/2012/03/27/copyright-monopoly-lobby-sues-reputable-professor-for-saying-theyre-a-monopoly/" target="_blank">has sued Spanish professor Enrique Dans</a> for daring to state, in his opinion, that Promusicae violated Spanish antitrust laws.  The <a href="http://www.enriquedans.com/2011/07/siete-motivos-por-los-que-el-caso-sgae-es-mucho-mas-que-la-propia-sgae.html" target="_blank">blog post in question</a> (<a href="http://translate.google.com/translate?sl=auto&#038;tl=en&#038;js=n&#038;prev=_t&#038;hl=en&#038;ie=UTF-8&#038;layout=2&#038;eotf=1&#038;u=http%3A%2F%2Fwww.enriquedans.com%2F2011%2F07%2Fsiete-motivos-por-los-que-el-caso-sgae-es-mucho-mas-que-la-propia-sgae.html" target="_blank">Google translation</a>) is actually mostly about the legal troubles of SGAE, the Spanish collection society which was accused of being involved in a <a href="http://www.techdirt.com/articles/20110705/02190314964/more-details-spanish-music-collection-society-corruption-accused-stealing-550-million-artists.shtml">massive criminal fraud operation</a>.  In the post, he also mentioned Promusicae and how it set up a system that he believes violated antitrust laws in effectively limiting access to radio airtime to members of Promusicae.
<br /><br />
In response, Promusicae sued him for "violating their honor," demanding either 20,000 or 50,000 euros.  Professor Dans <a href="http://www.enriquedans.com/2012/03/promusicae-me-denuncia-por-infraccion-a-su-honor.html" target="_blank">explains the details on his own site</a> (<a href="http://translate.google.com/translate?sl=auto&#038;tl=en&#038;js=n&#038;prev=_t&#038;hl=en&#038;ie=UTF-8&#038;layout=2&#038;eotf=1&#038;u=http%3A%2F%2Fwww.enriquedans.com%2F2012%2F03%2Fpromusicae-me-denuncia-por-infraccion-a-su-honor.html" target="_blank">Google translation</a>).
<br /><br />
It seems pretty clear that this is nothing more than a SLAPP-style lawsuit -- with the recording industry lobbyists suing Dans to shut him up and to create chilling effects to silence other critics.  It's a shameful way of dealing with critics, and, as Rick Falkvinge notes in his story (the first link up top), even if Dans is legally in the right, a court battle is very costly.  Again as Falkvinge notes, perhaps it's time for the EU to start setting up anti-SLAPP laws to avoid these kinds of lawsuits as well.
<br /><br />
But, more to the point, all this really does is call much more attention to Dans' original blog post from July, and the accusations he made about Promusicae.  In what world does an industry lobbyist think that it's a smart move to call attention to a respected professor's blog post that describes some of their questionable behavior?  A normal, thinking, individual would either respond directly to the charges with a detailed explanation for why it's wrong, or just let it go away.  Suing only makes it worse in almost every way.  Not only does it call worldwide attention to this blog post and the claims against Promusicae, but it also will likely make more people look more closely at Promusicae and what it's done... all the while showing off Promusicae lobbyists for the obnoxious bullies that they are.  It's really quite incredible.  As Falkvinge notes:
<blockquote><i>
Perhaps what amazes me most is that the public backlash to this kind of behavior is as predictable as a grandfather clock. How can the copyright monopoly lobby&#8217;s lawyers live in so completely disconnected an ivory tower, that they thought it was a good idea to file lawsuit against a reputable professor for claiming they&#8217;re a monopoly, using monopolistic practices &#8211; when this fact is not only well-established to the point of being in dictionaries, but even legislated? What kind of survivability would such a parasitic misantropic business have in the wild, if it were not protected by obsolete laws?
</i></blockquote>
Of course, I guess they're thinking that the resulting chilling effects scaring away others from commenting might be worth any backlash.  Or they're so focused on protecting "their honor" that they never bothered to think at all.  I am curious, of course, how "honorable" it is to sue a respected professor for expressing his opinion?  How can you sue someone for violating your honor when you have no honor at all?<br /><br /><a href="http://www.techdirt.com/articles/20120327/03083718253/spanish-recording-industry-lobbyists-sue-professor-highlighting-its-monopolistic-practices.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120327/03083718253/spanish-recording-industry-lobbyists-sue-professor-highlighting-its-monopolistic-practices.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120327/03083718253/spanish-recording-industry-lobbyists-sue-professor-highlighting-its-monopolistic-practices.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-do-you-say-streisand-in-spanish?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120327/03083718253</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 16 Feb 2012 11:06:01 PST</pubDate>
<title>RIAA/IFPI Explored Possible Lawsuit Against Google For Not Ranking iTunes Above Pirate Bay</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120216/05085117778/riaaifpi-explored-possible-lawsuit-against-google-not-ranking-itunes-above-pirate-bay.shtml</link>
<guid>http://www.techdirt.com/articles/20120216/05085117778/riaaifpi-explored-possible-lawsuit-against-google-not-ranking-itunes-above-pirate-bay.shtml</guid>
<description><![CDATA[ Over the years we've seen a few lawsuits against Google because companies are upset that they don't <a href="http://www.techdirt.com/articles/20061027/192602.shtml">rank high enough</a> in search results.  Those companies seem to think there's some sort of legal right to being ranked where they want to be ranked.  Pretty much all of those lawsuits have resulted in dismissals.  Google's search rankings are an <i>opinion</i> and thus protected under the First Amendment.
<br /><br />
Of course, most of those suing over this are kooks... but apparently a much larger potential lawsuit on this issue has been considered.  The IFPI and the RIAA supposedly have asked for a confidential legal analysis <a href="http://torrentfreak.com/music-industry-mulls-suing-google-over-pirate-search-results-120216/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">concerning the legal issues if they sued Google</a> for sometimes showing unauthorized sites above authorized sites in its search results.  In other words, in the mind of the RIAA/IFPI if Google shows The Pirate Bay over iTunes... that must be illegal:
<blockquote><i>
&#8220;Google continues to fail to prioritize legal music sites over illegal sites in search results, claiming that its algorithm for search results is based on the relevance of sites to consumers,&#8221; the document states.
<br /><br />
&#8220;With a view to addressing this failure, IFPI obtained a highly confidential and preliminary legal opinion in July 2011 on the possibility of bringing a competition law complaint against Google for abuse of its dominant position, given the distortion of the market for legitimate online music that is likely to result from Google&#8217;s prioritizing of illegal sites.&#8221;
</i></blockquote>
Of course all of this shows a massive misunderstanding of how Google works.  The IFPI seems to honestly think that Google employees are making a conscious choice that "let's rank these unauthorized sites higher."  They don't seem to understand how algorithmic search results work.
<br /><br />
The fact that no lawsuit has appeared since July suggests that (hopefully) the "legal opinion" explained to the IFPI that any such lawsuit would likely be laughed out of court.  Hell they just had to look at the <a href="http://www.techdirt.com/articles/20110901/14553415771/court-tosses-out-ridiculous-antitrust-lawsuit-against-google.shtml">dismissal</a> of the myTriggers lawsuit in September if they wanted to understand why such a legal strategy is destined to fail miserably.<br /><br /><a href="http://www.techdirt.com/articles/20120216/05085117778/riaaifpi-explored-possible-lawsuit-against-google-not-ranking-itunes-above-pirate-bay.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120216/05085117778/riaaifpi-explored-possible-lawsuit-against-google-not-ranking-itunes-above-pirate-bay.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120216/05085117778/riaaifpi-explored-possible-lawsuit-against-google-not-ranking-itunes-above-pirate-bay.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-luck-with-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120216/05085117778</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 16 Feb 2012 08:55:58 PST</pubDate>
<title>IFPI &#038; Other Lobbyists Tell Parliament That ACTA Protests Silence The Democratic Process</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120215/04435217767/ifpi-other-lobbyists-tell-parliament-that-acta-protests-silence-democratic-process.shtml</link>
<guid>http://www.techdirt.com/articles/20120215/04435217767/ifpi-other-lobbyists-tell-parliament-that-acta-protests-silence-democratic-process.shtml</guid>
<description><![CDATA[ This is really incredible.  Apparently IFPI (the international RIAA, basically) penned a letter to European Parliament members concerning the <a href="http://www.techdirt.com/articles/20120213/00095017737/mass-protests-against-acta-all-across-europe.shtml">widespread ACTA protests</a> claiming that <a href="http://www.iptegrity.com/index.php/acta/744-ifpi-accuses-protests-silence-democratic-process" target="_blank">these "protests silence the democratic process."</a>
<blockquote><i>
Over the past two weeks, we have seen coordinated attacks on democratic institutions such as the European Parliament and national governments over ACTA. The signatories to this letter and their members stand against such attempts to silence the democratic process. Instead, we call for a calm and reasoned assessment of the facts rather than the misinformation circulating.
</i></blockquote>
That's quite a statement.  We'd heard some SOPA/PIPA supporters <i>hint</i> at views like that, but not quite so blatant.  Let's be clear: the protests and the public speaking out <b><i>are the democratic process</i></b>.  They're not silencing the democratic process in any way.  To suggest that people speaking out over their own viewpoint somehow silences the process, is to redefine "the democratic process" to be something entirely different than what most people believe.<br /><br /><a href="http://www.techdirt.com/articles/20120215/04435217767/ifpi-other-lobbyists-tell-parliament-that-acta-protests-silence-democratic-process.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120215/04435217767/ifpi-other-lobbyists-tell-parliament-that-acta-protests-silence-democratic-process.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120215/04435217767/ifpi-other-lobbyists-tell-parliament-that-acta-protests-silence-democratic-process.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>actually,-it's-the-opposite</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120215/04435217767</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 26 Jul 2011 14:46:27 PDT</pubDate>
<title>Music Industry Wants To Put 'Red Lights' In Google For Sites It Says Support Infringement</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110726/03263115256/music-industry-wants-to-put-red-lights-google-sites-it-says-support-infringement.shtml</link>
<guid>http://www.techdirt.com/articles/20110726/03263115256/music-industry-wants-to-put-red-lights-google-sites-it-says-support-infringement.shtml</guid>
<description><![CDATA[ The recording industry's massive sense of entitlement continues to spread.  The latest is that PRS for Music, the organization that once sought license fees for playing music to <a href="http://www.techdirt.com/articles/20090327/1113014276.shtml">horses</a> in a stable, has suggested that Google <a href="http://arstechnica.com/web/news/2011/07/stop-red-site-copyright-group-proposes-traffic-light-search-ticks.ars" target="_blank">start putting "traffic lights" in its search results</a>, with red lights being used to indicate sites that the industry accuses of supporting copyright infringement.  You can see what they think it should look like here:
<center>
<img src="http://i.imgur.com/PDQFW.jpg" />
</center>
They say that, in the UK, this would meet the Digital Economy Act's requirement for "consumer education."  Of course, one would hope that consumers were "educated" enough to know that just because someone accuses you of copyright infringement, it doesn't mean that you're guilty.
<br /><br />
The whole system is modeled on Google's current practice of warning people about potential <i>security</i> problems with sites.  Of course, that involves something that can be much more easily confirmed.  In the meantime, I imagine that Google -- who spends a ridiculous amount of time and effort to test any UI changes to its search results -- is probably horrified by that graphic above.<br /><br /><a href="http://www.techdirt.com/articles/20110726/03263115256/music-industry-wants-to-put-red-lights-google-sites-it-says-support-infringement.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110726/03263115256/music-industry-wants-to-put-red-lights-google-sites-it-says-support-infringement.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110726/03263115256/music-industry-wants-to-put-red-lights-google-sites-it-says-support-infringement.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>entitlement-much?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110726/03263115256</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 25 Jul 2011 03:08:39 PDT</pubDate>
<title>PayPal Agrees To Help IFPI Cut Off Funding For Sites IFPI Doesn't Like Without Judicial Oversight</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110722/11280515209/paypal-agrees-to-help-ifpi-cut-off-funding-sites-ifpi-doesnt-like-without-judicial-oversight.shtml</link>
<guid>http://www.techdirt.com/articles/20110722/11280515209/paypal-agrees-to-help-ifpi-cut-off-funding-sites-ifpi-doesnt-like-without-judicial-oversight.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=neppe">Neppe</a> alerts us to the news that PayPal has now followed the same path as MasterCard and Visa, in agreeing to the IFPI's plan to <a href="http://arstechnica.com/tech-policy/news/2011/07/paypal-joins-london-police-bid-to-financially-starve-illegal-websites.ars" target="_blank">cut off payments to sites it doesn't like</a>, without any judicial review.  Basically, the IFPI will send info about sites it doesn't like (i.e., describes as "rogue" sites) to the London Police.  It's not clear what sort of qualifications the London Police have on complex copyright issues, but okay.  If the London Police agree with the IFPI (and so far, they have in 100% of the cases), the information about the sites will be passed on to the three payment processing companies, and they will no longer allow those sites to accept payments.  Watch out, Internet Archive (which has been <a href="http://www.techdirt.com/articles/20110620/01370314750/universal-music-goes-to-war-against-popular-hip-hop-sites-blogs.shtml">declared an infringing site</a> by some in the industry), you may soon no longer be able to accept donations, thanks to the IFPI's fear of technology.<br /><br /><a href="http://www.techdirt.com/articles/20110722/11280515209/paypal-agrees-to-help-ifpi-cut-off-funding-sites-ifpi-doesnt-like-without-judicial-oversight.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110722/11280515209/paypal-agrees-to-help-ifpi-cut-off-funding-sites-ifpi-doesnt-like-without-judicial-oversight.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110722/11280515209/paypal-agrees-to-help-ifpi-cut-off-funding-sites-ifpi-doesnt-like-without-judicial-oversight.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-to-stamp-out-competition</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110722/11280515209</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 8 Jul 2011 14:00:32 PDT</pubDate>
<title>More Fraud Investigations Over Recording Industry Execs; Swiss IFPI Boss Resigns</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110708/02423415007/more-fraud-investigations-over-recording-industry-execs-swiss-ifpi-boss-resigns.shtml</link>
<guid>http://www.techdirt.com/articles/20110708/02423415007/more-fraud-investigations-over-recording-industry-execs-swiss-ifpi-boss-resigns.shtml</guid>
<description><![CDATA[ Following the news of corruption charges in Spain over <a href="http://www.techdirt.com/articles/20110701/14534214935/head-spanish-music-collection-society-facing-corruption-charges.shtml">SGAE execs</a>, comes the news that the head of the IFPI in Switzerland <a href="http://torrentfreak.com/ifpi-boss-quit-following-tax-fraud-allegations-110707/" target="_blank">has been forced to resign</a> over some sort of scheme to avoid paying taxes.  The details are a bit convoluted, but, basically, it sounds like he was able to route some IFPI things through a separate company he ran, in order to get a more favorable tax position.  The IFPI is trying to throw the guy under the bus, but the report suggests other IFPI honchos knew all about the scheme.  I find it amusing, by the way, that our regular commenters, who (falsely) call me a criminal, haven't had anything to say about these music industry folks and their scams.<br /><br /><a href="http://www.techdirt.com/articles/20110708/02423415007/more-fraud-investigations-over-recording-industry-execs-swiss-ifpi-boss-resigns.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110708/02423415007/more-fraud-investigations-over-recording-industry-execs-swiss-ifpi-boss-resigns.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110708/02423415007/more-fraud-investigations-over-recording-industry-execs-swiss-ifpi-boss-resigns.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-look-at-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110708/02423415007</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 3 May 2011 01:00:47 PDT</pubDate>
<title>IFPI Convinces ISP To Just Hand Over Hard Drives Of Torrent Site</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110430/00522114097/ifpi-convinces-isp-to-just-hand-over-hard-drives-torrent-site.shtml</link>
<guid>http://www.techdirt.com/articles/20110430/00522114097/ifpi-convinces-isp-to-just-hand-over-hard-drives-torrent-site.shtml</guid>
<description><![CDATA[ This is not the first time something like this has happened, but the IFPI somehow convinced Swedish hosting company Itstaden/ServerConnect to <a href="http://torrentfreak.com/ifpi-seizes-control-of-limetorrents-hard-drives-110429/" target="_blank">simply hand over the hard drives of one of its hosting customers</a>, LimeTorrents.  The IFPI apparently has been pressuring ServerConnect for moths, claiming that it could be liable for any infringement on LimeTorrents, but rather than filing a lawsuit, it simply said that ServerConnect should hand over the harddrives and it did.  I'm curious how this is legal.  It may depend on the specific contract ServerConnect has with its customers, but it seems that handing their hard drives over to a private party without any sort of court order almost certainly breaks the user agreement, if not local privacy laws.<br /><br /><a href="http://www.techdirt.com/articles/20110430/00522114097/ifpi-convinces-isp-to-just-hand-over-hard-drives-torrent-site.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110430/00522114097/ifpi-convinces-isp-to-just-hand-over-hard-drives-torrent-site.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110430/00522114097/ifpi-convinces-isp-to-just-hand-over-hard-drives-torrent-site.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-seems-questionable</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110430/00522114097</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 4 Apr 2011 02:29:21 PDT</pubDate>
<title>Questions Asked About EU Appointing IFPI Lobbyist To Copyright Role</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110401/17090013735/questions-asked-about-eu-appointing-ifpi-lobbyist-to-copyright-role.shtml</link>
<guid>http://www.techdirt.com/articles/20110401/17090013735/questions-asked-about-eu-appointing-ifpi-lobbyist-to-copyright-role.shtml</guid>
<description><![CDATA[ Following the news that the EU Commission was apparently appointing a <a href="http://www.techdirt.com/articles/20110330/10322113699/eu-hires-ifpi-lobbyist-to-lead-copyright-issues-how-do-you-spell-regulatory-capture.shtml">top lobbyist from the IFPI</a> to the position of being in charge of copyright policy, two European Parliament Members, Christian Engstrom and Marietje Schaake have <a href="http://christianengstrom.wordpress.com/2011/04/01/parliamentary-question-on-the-eu-commissions-new-copyright-czar/" target="_blank">asked the Commission to explain the apparent conflict of interest</a>:
<blockquote><i>
Does the Commission not see any problems in recruiting top civil servants from special interest organisations, especially when being put in charge of dossiers directly related to their former employers? If not, why not?
<br /><br />
Does the Commission feel that such an appointment would help to build confidence with the European Parliament and the general public that the Commission can be trusted to handle copyright-related issues in a fair and balanced manner?
</i></blockquote>
Elsewhere, KEI has done a good job highlighting some of Maria Martin-Plat's <a href="http://keionline.org/node/1105" target="_blanK">previously stated positions</a>, including this lovely one: "private copying [has] no reason to exist and should be limited further than it is."  Just the person to lead on 21st century copyright issues, huh?<br /><br /><a href="http://www.techdirt.com/articles/20110401/17090013735/questions-asked-about-eu-appointing-ifpi-lobbyist-to-copyright-role.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110401/17090013735/questions-asked-about-eu-appointing-ifpi-lobbyist-to-copyright-role.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110401/17090013735/questions-asked-about-eu-appointing-ifpi-lobbyist-to-copyright-role.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>now,-what-will-the-answers-be</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110401/17090013735</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 30 Mar 2011 12:18:30 PDT</pubDate>
<title>EU Hires IFPI Lobbyist To Lead On Copyright Issues; How Do You Spell Regulatory Capture?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110330/10322113699/eu-hires-ifpi-lobbyist-to-lead-copyright-issues-how-do-you-spell-regulatory-capture.shtml</link>
<guid>http://www.techdirt.com/articles/20110330/10322113699/eu-hires-ifpi-lobbyist-to-lead-copyright-issues-how-do-you-spell-regulatory-capture.shtml</guid>
<description><![CDATA[ The revolving door between companies and government isn't just a US phenomenon.  Over in Europe, the EU Commission has  <a href="http://christianengstrom.wordpress.com/2011/03/30/ifpi-lobbyist-new-head-of-acta-and-ipred-at-the-eu-commission/" target="_blank">hired one of the recording industry's top lobbyists to head up copyright issues</a>, including the ongoing negotiations over ACTA and IPRED2.  Prior to taking this new job Maria Martin-Prat's title was Deputy General Counsel, Director of Legal Policy and Regulatory Affairs at the IFPI.  So now she gets to put in place the very one-sided policies that she lobbied for for years.  That's what's known as regulatory capture, around these parts.  Pretty amazing, really, that the EU would so blatantly abdicate the interests of citizens to a single industry.<br /><br /><a href="http://www.techdirt.com/articles/20110330/10322113699/eu-hires-ifpi-lobbyist-to-lead-copyright-issues-how-do-you-spell-regulatory-capture.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110330/10322113699/eu-hires-ifpi-lobbyist-to-lead-copyright-issues-how-do-you-spell-regulatory-capture.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110330/10322113699/eu-hires-ifpi-lobbyist-to-lead-copyright-issues-how-do-you-spell-regulatory-capture.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shameful</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110330/10322113699</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 25 Mar 2011 13:31:00 PDT</pubDate>
<title>Recording Industry To Baidu: Look, We know You Beat Us In Court, But Just Do What We Want Anyway, Mmkay?</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20110325/07271313629/recording-industry-to-baidu-look-we-know-you-beat-us-court-just-do-what-we-want-anyway-mmkay.shtml</link>
<guid>http://www.techdirt.com/articles/20110325/07271313629/recording-industry-to-baidu-look-we-know-you-beat-us-court-just-do-what-we-want-anyway-mmkay.shtml</guid>
<description><![CDATA[ <p>Let me tell you a story.&nbsp; I come from a home of two children and I'm the oldest of two boys.&nbsp; One day, my mother made chocolate eclairs.&nbsp; Quickly, of course, because my father eats like a bear that's had its stomach pumped, we were down to the final eclair.&nbsp; My brother insisted he should get the last eclair.&nbsp; I reminded him that I'm roughly twice his size and could take the damn eclair anytime I felt like it.&nbsp; My mother, in her esteemed fairness, gave the eclair to my brother.</p><p>That woman always hated me.</p><p>In any case, I proceeded to corner my little brother as he held onto his sweet chocolate and pudding prize, and explained to him that it would be better for everyone if he just ignored Judge Mother's ruling and gave me the eclair instead.&nbsp; All manner of good things would follow, I insisted.&nbsp; And do you know what that little ginger-haired jerk did?&nbsp; He smiled at me, patted me on the shoulder, and shoved every last ounce of that 8 inch eclair into his mouth, rolling his eyes in exaggerated pleasure as he did so.</p><p>Witness the collective music industry reacting to their <a href="http://www.techdirt.com/articles/20100126/0659047896.shtml">sound defeat</a> in Chinese Court while accusing Baidu and Sohu of copyright infringement for indexing links to MP3 files.&nbsp; Now, there's been some likely fair concern that Baidu may be hiding some actual hosting of infringing files, but the music labels apparently didn't come close to proving that in court as it seems the main issue discussed in the trial was their <em>linking </em>to infringing files.&nbsp; But the point is they lost.&nbsp; The judge, like my tyrantess of a mother, raised Baidu's arm and pronounced them the victors.</p><p>And so the collective music industry has gone to the Financial Times (found via&nbsp;PaidContent.org)&nbsp;to basically <a href="http://paidcontent.org/article/419-music-industry-pleads-with-baidu-to-help-stop-piracy/">ask Baidu to ignore the ruling</a> and do what they ask anyway because of all the great and wonderful things that will come once they do.&nbsp; They're basically pulling my routine after I lost my delicious eclair, but their letters offer up some wonderful doozies:</p><blockquote><p>&quot;This is a country with twice as many internet users as the US, but where legitimate music consumption is miniscule, with digital revenues per user at less than 1% of the US equivalent.&quot;</p></blockquote><p>Damn Chinese people, always refusing to spend as much as Americans on music.&nbsp; Nevermind the cultural differences that may be coming into play here.&nbsp; Nevermind that the nominal GDP for the United States is some thirteen times that of China.&nbsp; We want the Chinese to pay as much for their music as Americans, damn it, and the way to do that is to get Baidu to voluntarily limit their own search results.&nbsp; And that's exactly what the Financial Times letter indicates:</p><blockquote><p>&nbsp;&quot;Baidu is the biggest source of this problem, with its MP3 music search service estimated to be responsible for over 50% of infringing music distribution in China.&nbsp; It has the means to bring immediate change by proactively filtering infringing works from this service.&quot;</p></blockquote><p align="left">So, you see, if Baidu would just filter out the infringing content, relatively poor Chinese citizens would suddenly spend big bucks for music.&nbsp; And perhaps Ferraris.&nbsp; Ooooh, and those sweet 100 ft. yachts I'm sure they'd all like to actually pay for <em>if they had any damn money</em>!</p><p align="left">My brother didn't have any money either, but he had his chocolate eclair, so he told me shove my request in places that usually only pornstars put things.&nbsp; I expect Baidu will respond in similar fashion.</p><br /><br /><a href="http://www.techdirt.com/articles/20110325/07271313629/recording-industry-to-baidu-look-we-know-you-beat-us-court-just-do-what-we-want-anyway-mmkay.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110325/07271313629/recording-industry-to-baidu-look-we-know-you-beat-us-court-just-do-what-we-want-anyway-mmkay.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110325/07271313629/recording-industry-to-baidu-look-we-know-you-beat-us-court-just-do-what-we-want-anyway-mmkay.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-do-you-say-eat-me-in-chinese?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110325/07271313629</wfw:commentRss>
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<item>
<pubDate>Fri, 4 Mar 2011 07:48:56 PST</pubDate>
<title>IFPI, UK Police, Credit Card Companies Push People To Pirate Music, Rather Than Pay For It</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110303/01202013335/ifpi-uk-police-credit-card-companies-push-people-to-pirate-music-rather-than-pay-it.shtml</link>
<guid>http://www.techdirt.com/articles/20110303/01202013335/ifpi-uk-police-credit-card-companies-push-people-to-pirate-music-rather-than-pay-it.shtml</guid>
<description><![CDATA[ Bizarre move out of the IFPI.  It's gleefully announced a new deal, in conjunction with the London Police and Visa and MasterCard to <a href="http://www.zeropaid.com/news/92733/ifpi-uk-cops-credit-cards-unite-against-unlicensed-mp3-sites/?utm_source=twitterfeed&#038;utm_medium=twitter" target="_blank">cut off credit card services to online music stores</a> who the IFPI accuses of selling infringing MP3s.  This is really targeting sites like MP3Fiesta, which is sort of a modern version of Allofmp3.com.  Of course, what they seem to be missing is that both of these sites were examples of people, who would otherwise likely be downloading totally unauthorized versions, being willing to pay for MP3s at a much more reasonable price.  What I never understood was why the music industry never realized that these sites actually showed <a href="http://www.techdirt.com/articles/20070724/213414.shtml">a business model that worked</a>.  Tons of people were happy to pay for the music when the prices seemed much more reasonable.  What these services really showed was how much the industry has artificially inflated the price of music.
<br /><br />
But, of course, in cutting off credit cards to those sites, two simple things are likely to happen in response: first, those sites will simply find alternative payment means.  That may still limit some, but it hardly stops these sites from existing.  But, more importantly, if people can't get music at these prices, it seems a lot more likely that they'll shift to totally free options, rather than go back to paying $0.99 per song (or more!).  So, effectively, all this move really does is drive more people to stop paying for music.  Is that what the record labels pay the IFPI to do these days?<br /><br /><a href="http://www.techdirt.com/articles/20110303/01202013335/ifpi-uk-police-credit-card-companies-push-people-to-pirate-music-rather-than-pay-it.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110303/01202013335/ifpi-uk-police-credit-card-companies-push-people-to-pirate-music-rather-than-pay-it.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110303/01202013335/ifpi-uk-police-credit-card-companies-push-people-to-pirate-music-rather-than-pay-it.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>did-they-really-do-that?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110303/01202013335</wfw:commentRss>
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<item>
<pubDate>Fri, 21 Jan 2011 07:16:16 PST</pubDate>
<title>IFPI's Annual Attack On Piracy Once Again Riddled With Errors And Bogus Claims</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110120/16182512748/ifpis-annual-attack-piracy-once-again-riddled-with-errors-bogus-claims.shtml</link>
<guid>http://www.techdirt.com/articles/20110120/16182512748/ifpis-annual-attack-piracy-once-again-riddled-with-errors-bogus-claims.shtml</guid>
<description><![CDATA[ Every year, on the eve of the Midem music industry event in France, the IFPI puts out its report about how "piracy" is destroying the music industry. It's well-timed, because it then gets quoted repeatedly in Midem discussions, and gets lots of press and stuff.  This year, is no different, though amusingly, the IFPI tries to pre-empt the usual criticism by insisting <a href="http://www.readwriteweb.com/archives/blaming_piracy_music_industry_says_its_lost_a_thir.php" target="_blank">the troubles facing the recording industry have nothing to do with its unwillingness to try new business models</a>.  It's also wrong.  Blatantly, incredibly, wrong.  As has been detailed by many, many, many <a href="http://www.techdirt.com/articles/20100804/11192610498.shtml">other studies</a>, the only part of the industry that's really been suffering is the <i>recording industry</i>.  Of course, the key point -- which is the same as it is every year -- is the IFPI <a href="http://www.ifpi.org/content/section_resources/dmr2011.html" target="_blank">begging the government to come save its business</a> by blocking competition, criminalizing technology, and making everyone else responsible for propping up the record labels.  Sorry, but the world doesn't work that way.  Not surprisingly, the IFPI's report is also filled with all sorts of <a href="http://torrentfreak.com/piracy-horrors-and-the-music-industrys-twisted-reality-110120/" target="_blank">factual errors</a>, such as relying on the debunked report whose methodology was so bad that it thought that only a few 2010 movies <a href="http://www.techdirt.com/articles/20101212/23363612247/journalists-continue-to-rely-bogus-research-about-file-sharing-as-if-it-were-factual.shtml">were the most downloaded of 2010</a>, with much older movies dominating the list.
<br><br>
The real problem with the report -- beyond the flat-out errors -- is the fact that it's <i>so</i> focused on music sales and music sales alone as the be-all, end-all of the music industry that it simply ignores everything else:
<blockquote><i>
Fewer new artists are breaking through globally. Total sales by debut artists in the global top 50 album chart in 2010 were just one quarter of the level they achieved in 2003
<br><br>
Traditionally vibrant music local industries, such as Spain and Mexico, are especially hard hit. In Spain, where music sales fell by an estimated 22 per cent in 2010, no new home-grown artist featured in the country's top 50 album chart, compared with 10 in 2003 
</i></blockquote>
Note the implicit assumption here.  Because there are fewer <i>music sales</i>, it means that such new music is not being created, or those artists are not successful.  This is like saying that "because fewer horse carriages were sold this year, it shows the automobile is not a legitimate savior of the transportation industry."  You see how that's done?  If you define success based on the obsolete way of doing things, of course it's going to look bad.  But if you look at the actual numbers, and the actual <i>opportunities</i>, you realize that the market is actually growing.
<br><br>
IFPI boss Frances Moore apparently claimed that this is "a crisis affecting not just an industry - but artists, musicians, jobs, consumers, and the wider creative sector."   Except that's not true.  There are more people making music today than ever before.  It's cheaper than ever before to make, distribute and promote music.  If you're a musician, there are more ways than ever before to build a fanbase and to build a business model to make a living.  It's a great time to be a musician.  It's also a fantastic time to be a consumer.  It's hard to see how Moore can make such a claim that is obviously false, and no one calls her on the obviously false nature of her claims.  When Moore took over last year for John Kennedy, I had hoped that maybe she'd bring some sense to the IFPI.  Instead, she seems to be spreading the same propaganda as her predecessor.<br /><br /><a href="http://www.techdirt.com/articles/20110120/16182512748/ifpis-annual-attack-piracy-once-again-riddled-with-errors-bogus-claims.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110120/16182512748/ifpis-annual-attack-piracy-once-again-riddled-with-errors-bogus-claims.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110120/16182512748/ifpis-annual-attack-piracy-once-again-riddled-with-errors-bogus-claims.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>midemeve</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110120/16182512748</wfw:commentRss>
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<pubDate>Wed, 13 Oct 2010 18:19:13 PDT</pubDate>
<title>Details In Mulve Arrest Highlight How Weak The Case Is</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101012/14332311396/details-in-mulve-arrest-highlight-how-weak-the-case-is.shtml</link>
<guid>http://www.techdirt.com/articles/20101012/14332311396/details-in-mulve-arrest-highlight-how-weak-the-case-is.shtml</guid>
<description><![CDATA[ Last week, in talking about how one of the guys behind Mulve was <a href="http://www.techdirt.com/articles/20101008/01353311329/uk-police-arrest-mulve-operators.shtml">arrested</a> by UK police, we noted the similarities to the <a href="http://www.techdirt.com/articles/20080601/1756051285.shtml">arrest</a> a few years ago of OiNK administrator Alan Ellis on "conspiracy to defraud" charges that were eventually <a href="http://www.techdirt.com/articles/20100115/1051307772.shtml">thrown out</a> as Ellis didn't actually break the law.
<br /><br />
TorrentFreak now has the details of the Mulve arrest, where police are <a href="http://torrentfreak.com/police-repeat-oink-mistake-mulve-accusation-conspiracy-to-defraud-101012/" target="_blank">using the exact same charges</a>, even with a failure to get those charges to stick against Ellis.  And, the article details why such charges are even weaker against the Mulve guy they arrested.  First of all, he had nothing to do with the software itself, but merely registered the domain and created the video highlighting how to use the software.  But, much more interesting are the details behind Mulve.  It's not even a search engine by itself.  It's simply an interface for an existing search engine on a Russian social network, which <i>anyone</i> could sign up for and get access to already.  In other words, going after Mulve totally misses the point, and it's difficult to see how Mulve itself actually violates UK law.
<br /><br />
Of course, in pushing authorities to arrest the Mulve guy, it appears that all that's really happened is the recording industry has drawn a lot more attention to how Mulve works, leading to <a href="http://filesharefreak.com/2010/10/11/mulve-returns-as-thepirateapp-and-mulve-phoenix/" target="_blank">multiple clones</a> of the software quickly popping up.  You would think the industry would know by now how this whole hydra process works, but apparently they still haven't gotten the message.<br /><br /><a href="http://www.techdirt.com/articles/20101012/14332311396/details-in-mulve-arrest-highlight-how-weak-the-case-is.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101012/14332311396/details-in-mulve-arrest-highlight-how-weak-the-case-is.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101012/14332311396/details-in-mulve-arrest-highlight-how-weak-the-case-is.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-why-so-quick-on-the-arrest?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101012/14332311396</wfw:commentRss>
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<pubDate>Mon, 2 Aug 2010 08:54:06 PDT</pubDate>
<title>Why Is The RIAA Sending Takedown Notices Over Music Radiohead Gave Away For Free?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100801/16593410438.shtml</link>
<guid>http://www.techdirt.com/articles/20100801/16593410438.shtml</guid>
<description><![CDATA[ One of the "wakeup calls" for the music industry to recognize new business models were coming was the famous <a href="http://www.techdirt.com/articles/20070930/214524.shtml">Radiohead</a> "name your own price" experiment for the album <i>In Rainbows</i>.  Frankly, I still think that particular experiment gets too much attention, as it wasn't well thought out or organized and was mostly done on a whim.  I also thought the band made a mistake in <a href="http://www.techdirt.com/articles/20071211/004849.shtml">ending</a> the download portion even if many people mistakenly claimed that this was an admission that the project was a failure (the band said from the very beginning this was their plan).  And, when the numbers came out, it became clear that the experiment was <a href="http://www.techdirt.com/articles/20081015/1640202552.shtml">a huge success</a>.
<br /><br />
Since then, the band has also come out as very pro-file sharing and anti-RIAA.  For example, the band's manager has said that <a href="http://www.techdirt.com/articles/20090506/0229264765.shtml">file sharing should be legal</a> and that it is "a great thing for culture and music."  In the meantime, Radiohead's Thom Yorke has pointed out that the record labels have been <a href="http://www.techdirt.com/articles/20090806/1726455790.shtml">unable to innovate</a> and has <a href="http://www.techdirt.com/articles/20100609/0651119751.shtml">predicted the imminent demise</a> of the major labels.  Oh, and most importantly for those who claimed the "free" part of their release was a failure, last summer the band <a href="http://www.techdirt.com/articles/20090818/0053565911.shtml">officially released a track for free</a> and distributed it via BitTorrent themselves.
<br /><br />
So, all of that should make you wonder <a href="http://torrentfreak.com/riaa-protects-radioheads-in-rainbows-100801/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A Torrentfreak %28Torrentfreak%29" target="_blank">why the RIAA and the IFPI are issuing DMCA takedown notices for blogs that have hosted <i>In Rainbows</i></a>.  Why indeed?  TorrentFreak notes, accurately, that Radiohead did do deals with major labels for distribution of the physical album of <i>In Rainbows</i>, but I was pretty sure they kept the copyrights themselves.  Perhaps that's not the case?  However, it does seem strange to see songs from <i>In Rainbows</i> included in takedown requests from <a href="http://www.chillingeffects.org/dmca512c/notice.cgi?NoticeID=28457" target="_blank">the RIAA</a> and <a href="http://www.chillingeffects.org/dmca512c/notice.cgi?NoticeID=32393" target="_blank">the IFPI</a>.
<br /><br />
We keep hearing from the RIAA and the IFPI that all they want is for consumers to "respect the artists' wishes" when it comes to how their music gets distributed.  So, we have to ask,  since Radiohead has made it pretty clear they're perfectly happy with their digital copies being distributed this way, why won't the RIAA and IFPI "respects the artists' wishes" on Radiohead's <i>In Rainbows</i>?<br /><br /><a href="http://www.techdirt.com/articles/20100801/16593410438.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100801/16593410438.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100801/16593410438.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-odd</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100801/16593410438</wfw:commentRss>
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<pubDate>Tue, 22 Jun 2010 12:31:58 PDT</pubDate>
<title>IFPI Sends DMCA Notice To Google Demanding It Stop Linking To The Pirate Bay... Entirely</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100622/0908079920.shtml</link>
<guid>http://www.techdirt.com/articles/20100622/0908079920.shtml</guid>
<description><![CDATA[ We just wrote about a DMCA takedown notice from BPI to Google that appeared to be <a href="http://www.techdirt.com/articles/20100621/0236189885.shtml">setting Google up</a> for a future lawsuit, and now it looks like the IFPI, of which BPI is a part, is going even further.  TorrentFreak, following up on our post about BPI, noticed <a href="http://www.chillingeffects.org/dmca512c/notice.cgi?NoticeID=40359" target="_blank">an even more direct takedown notice from the IFPI</a> demanding that Google block any link to The Pirate Bay.
<blockquote><i>
In light of the serious violations of copyright facilitated by The Pirate Bay service, and in accordance with Google's policies (see http://www.google.com/dmca.html andhttps://www.google.com/support/websearch/bin/answer.py?answer=58&#038;ctx=sibling) we are asking for your immediate assistance in removing from your index, or otherwise disabling access to via your search engine, URLs linking to the website for The Pirate Bay including but not limited to the URLs specified in the attachment to this notice.
</i></blockquote>
Yup.  They are directly asking for a blanket ban, which clearly goes way beyond what the DMCA was intended for or allows.  But, of course, the real goal here is to set up Google for a lawsuit, which IFPI makes clear later in its letter:
<blockquote><i>
Our use of a notice in this form, as required by Google, is meant to facilitate Google's removal of search results linking directly to infringing web pages and we neither admit nor accept that Google is a 'service provider' for the purposes of the DMCA or that it is necessary to serve, or that Google is entitled to be served, a notice in compliance with the DMCA. IFPI itself and on behalf of the IFPI Represented Companies expressly reserves all rights in this regard. 
</i></blockquote>
Nice trick here, right?  So even if the courts decide (say as in the Viacom case) that Google needs to have direct knowledge of what's infringing, the IFPI wants to reserve the ability to claim in court that Google isn't even a service provider and doesn't fall under the DMCA's safe harbors.  Of course, Google has dozens of judicial decisions on its side, but why should that stop the IFPI.
<br /><br />
Then there's my favorite line of all:
<blockquote><i>
Please note that we do not admit that we or the IFPI Represented Companies are responsible for detecting infringing material and notifying you of it. 
</i></blockquote>
Yup.  The IFPI is blatantly coming out and saying that it doesn't believe it needs to figure out what's infringing and what's not -- that's what Google has to do.  Of course, there is nothing in the actual law or in the case law that supports this position.  It just looks like the IFPI is taking a flier and seeing if it can drastically overreach on the DMCA and get Google to stop linking to the entire Pirate Bay (something that Facebook has already done), and if Google (hopefully) refuses, then it seems likely to file a lawsuit.<br /><br /><a href="http://www.techdirt.com/articles/20100622/0908079920.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100622/0908079920.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100622/0908079920.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>here-comes-the-lawsuit</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100622/0908079920</wfw:commentRss>
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<pubDate>Thu, 10 Jun 2010 04:11:35 PDT</pubDate>
<title>IFPI Complains That Canada's New Copyright Bill Not Draconian Enough</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100609/0136019749.shtml</link>
<guid>http://www.techdirt.com/articles/20100609/0136019749.shtml</guid>
<description><![CDATA[ Perhaps not a surprise, but <a href="http://twitter.com/michaelgeist/statuses/15720929587" target="_blank">Michael Geist</a> points us to the news that the IFPI <a href="http://www.ifpi.org/content/section_news/20100607.html" target="_blank">is complaining that Canada's new copyright bill doesn't go far enough</a> in protecting its obsolete business model:
<blockquote><i>
"The publishing of this bill is only the beginning of a process, and some of its provisions must be amended in order to bring Canada in line with its international treaty obligations as well as evolving international norms. As it is, it simply does not go far enough to protect creators and producers in the digital environment." 
</i></blockquote>
This is despite the fact that Canada already has numerous draconian copyright provisions, extremely limited exceptions and a blank media tax that already assumes most Canadians are criminals.  But, this is the recording industry we're talking about.  They won't be satisfied until absolutely everything it doesn't control is locked down.<br /><br /><a href="http://www.techdirt.com/articles/20100609/0136019749.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100609/0136019749.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100609/0136019749.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>make-it-worse!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100609/0136019749</wfw:commentRss>
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<pubDate>Wed, 10 Feb 2010 22:22:00 PST</pubDate>
<title>Norwegian Appeals Court Dismisses Entertainment Industry's Attempt To Require ISP Block Of The Pirate Bay</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100210/1135248111.shtml</link>
<guid>http://www.techdirt.com/articles/20100210/1135248111.shtml</guid>
<description><![CDATA[ Back in November, a district court in Norway ruled that ISP Telenor <a href="http://www.techdirt.com/articles/20091106/1147036838.shtml">did not have to block</a> The Pirate Bay, since the ISP itself was not contributing to any copyright infringement.  Not surprisingly, the entertainment industry appealed, but <a href="http://www.techdirt.com/profile.php?u=kribys">Kristian Bysheim</a> alerts us to the news that the appeals court has <a href="http://translate.google.com/translate?js=y&#038;prev=_t&#038;hl=en&#038;ie=UTF-8&#038;layout=1&#038;eotf=1&#038;u=http://www.bt.no/nyheter/lokalt/Seier-til-piratene-1023945.html&#038;sl=auto&#038;tl=en" target="_blank">upheld the lower court ruling</a> (Google translation from the <a href="http://www.bt.no/nyheter/lokalt/Seier-til-piratene-1023945.html" target="_blank">original</a>) by dismissing the appeal from the entertainment industry.  It's good to see more courts around the world recognizing that ISPs should not be responsible for propping up the entertainment industry's business model when those companies fail to innovate themselves.<br /><br /><a href="http://www.techdirt.com/articles/20100210/1135248111.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100210/1135248111.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100210/1135248111.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>they-won't-do-your-work-for-you</slash:department>
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<pubDate>Thu, 28 Jan 2010 08:16:00 PST</pubDate>
<title>IFPI Claims That Three Strikes Can Surgically Remove One Family Member From The Internet, But Not The Rest</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100127/1306367944.shtml</link>
<guid>http://www.techdirt.com/articles/20100127/1306367944.shtml</guid>
<description><![CDATA[ One of the major concerns about various "three strikes" laws that kick people off the internet based on three accusations (not convictions) of copyright infringement, is that beyond being a stunningly disproportionate punishment to the action, it also potentially punishes many others: for example, a teenager can be accused three times of file sharing and his parents and siblings all lose their internet access because of it, that does not seem reasonable nor fair.  And yet, in a rather odd statement, an IFPI representative, Shira Perlmutter, seems to be <a href="http://techdailydose.nationaljournal.com/2010/01/strikes-policies-for-infringer.php" target="_blank">claiming some sort of magical ability to just block the single user from accessing the internet</a>, saying to conference attendees that three strikes would only require cutting off "one account."  Perhaps the folks at the IFPI don't quite understand how the internet works (or perhaps that's a given) but generally speaking, when you have internet access at your house, you don't set up separate access accounts for every family member... And if others in the family have access, what's to stop the "cut off" one from using the other's access?<br /><br /><a href="http://www.techdirt.com/articles/20100127/1306367944.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100127/1306367944.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100127/1306367944.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>please-explain-how?</slash:department>
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<pubDate>Tue, 26 Jan 2010 13:59:00 PST</pubDate>
<title>Baidu Wins Again; Chinese Court Finds No Copyright Infringement In Linking To Music</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100126/0659047896.shtml</link>
<guid>http://www.techdirt.com/articles/20100126/0659047896.shtml</guid>
<description><![CDATA[ One of the biggest reasons why Baidu has been so popular in China is because it <a href="http://www.techdirt.com/articles/20050713/1431218.shtml">helps people find music</a> to download.  Of course, it mostly finds unauthorized tracks, and once Baidu became a public company, the lawsuits quickly followed.  Baidu <a href="http://www.techdirt.com/articles/20061117/063911.shtml">won</a>, but the record labels/IFPI <a href="http://techdirt.com/articles/20080205/084632179.shtml">sued again</a>.  However, once again, it appears to be for naught, as a court has <a href="http://torrentfreak.com/ifpi-loses-deep-linking-case-against-baidu-100126/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A Torrentfreak %28Torrentfreak%29" target="_blank">ruled in favor of Baidu</a>, saying that just linking to infringing content isn't infringing itself, and pointing out that the IFPI failed to point to a specific site that was actually hosting the infringing content.  While I think that the basic reasoning behind the ruling (just linking to infringing content shouldn't be considered infringing) makes sense, there actually is a fair amount of evidence that Baidu is <a href="http://techdirt.com/articles/20080915/0150502269.shtml">a lot more involved</a> in actually hosting and <i>hiding</i> the content itself.  Of course, you also have to wonder how much the fact that Baidu is a Chinese company, and the IFPI represents foreign labels, played into the way this has turned out.  Perhaps the IFPI could take a page from Google's book and <a href="http://techdirt.com/articles/20100112/2020157718.shtml">"leave" China</a> as well.<br /><br /><a href="http://www.techdirt.com/articles/20100126/0659047896.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100126/0659047896.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100126/0659047896.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>maybe-the-ifpi-should-withdraw-from-china</slash:department>
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