I'm sure that you can get more information from the actual document the AC above linked to, but the major argument against Hotfile was it's incentive program which paid people for uploading popular files. Many of the most popular files were copyrighted content. That coupled with the very low ban rate against repeat offenders was enough to convince the court that Hotfile was inducing infringement.
I am the last person that would ever try to defend the actions of the MAFIAA, but Hotfile kind of shot themselves in the foot. I agree with the AC above that any cyberlocker that is setup properly should not have any issue because of this ruling in the scope that it is presented in. What worries me is that the MAFIAA will try to twist this ruling to expand it to cover other sites that do not meet the same criteria that was used against Hotfile.
So this past Monday night I'm at a swanky Hollywood Italian joint (Cecconi's) – the kind of place where, yep that's Ellen Degeneres pulling up behind me in the valet. Now, at this hosted dinner (thx @fullscreen/@mikecaren) were a dozen smart folks including the presidents of Warner Bros Records, Electra Records, Sony ATV, some other hollywood movers and shakers as well as a few notable LA startups folks (@ChillLive, @LaunchpadLA, @Coloft)
As we walk past some celebs in the main dining room we were seated in the private dinning room with Damien Hirst's "All You Need Is Love" (sold for 2.5MM) hanging on the wall. Everything is going fine until we get through the personal intros and into what became a "spirited" discussion on what exactly is going on between Tech and Music these days.
Thankfully, the carnival barker of the music folks made a blog post summarizing the conventional hollywood perspective on the exchange. As the conversation rolled on, I didn't have the heart to paint the honest picture of what is in fact happening, and realize in hindsight, that these good folks deserve to hear the straight truth on how tech innovators currently see the music biz.
For tech folks, from the 35,000' view, there are islands of opportunity. There's Apple Island, Facebook Island, Microsoft Island, among many others and yes there's Music Biz Island. Now, we as tech folks have many friends who have sailed to Apple Island and we know that it's $99/year to doc your boat and if you build anything Apple Island will tax you at 30%. Many of our friends are partying their asses off on Apple Island while making millions (and in some recent cases billions) and that sure sounds like a nice place to build a business.
Not far away is Facebook Island, which also taxes at 30%, and we all have friends who are partying hard and making their millions (and in some cases billions) and life sure sounds good on Facebook Island.
Of course, just across from Facebook is Youtube Island, which taxes at ~50%, and yet we all know friends who are building nice businesses there.
Hell, over at Microsoft Island, (where I'm camped, and loving it) they're paying people to dock their boats, giving out free land for the first 2 years and they even have open bars!
Now, we also know of Music Biz Island which is where the natives start firing cannons as you approach, and if not sunk at sea, one must negotiate with the chiefs for 9 months before given permission to dock. Those who do go ashore are slowly eaten alive by the native cannibals. As a result, all the tugboats and lighthouses (investors, advisors) warn to stay far away from Music Biz Island, as nobody has ever gotten off alive. If that wasn't bad enough, while Apple and Facebook Island are built with sea walls to protect from the rising oceans, Music Biz Island is already 5 ft under and the educated locals are fleeing for Topspin Island.
This is the reality in 2012. Tech innovators and entrepreneurs have many wonderful options and the islands of opportunity are rolling out red carpets (WWDC, F8, WPC, I/O) Unfortunately for the Music Biz, they don't seem to realize that they've scared off any chance of a smart crew landing any time soon. We pray for our brave brothers at Spotify, Soundcloud, Turntable.fm and others, but generally fear for the worst.
It wasn't in the article here, but I think it was in the torrentfreak coverage that indicated that Japan's CD rental business experienced a huge increase. It would seem that the sneaker net is making a big comeback which explains the huge drop in digital sales. Since it has been shown through numerous studies that downloaders spend the most on culture, and that many used downloading as a way to preview the culture before committing to buy, now people are renting the cd's to try them and since they've got a physical copy they are most likely just ripping them before they are returned. No reason to go get the limited digital purchase when you get a drm free rip in the quality of your choosing.
It is getting increasingly more annoying every time I click on the comments of a thread after I see there's 50-60 comments thinking I'm hopping into an interesting substantive discussion, and 40 of them are responses to some of his nonsense. I admit he's entertaining sometimes and has even been known to actually contribute to a discussion with something insightful on more than one occasion, but this is starting to get a bit ridiculous. Case in point... as I'm typing this is the longest thread of comments on this posting and it is debating why he's a troll and has nothing to do with the actual post about the trial proceedings.
So... that being said... Nancy, thanks for the coverage. Pretenda never fails to entertain with their incompetent trial skills. I can't fathom how they were ever licensed to practice law in the first place.
As pointed out, that isn't the definition of treason. Since no one else seems to be posting the definition, here you go:
"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted."
Agreed... Tech stories should be boring and devoid of humor. On more than one occasion Mr. Geigner has forced me to elicit a smirk, and this is unforgivable. Not to mention the penis jokes... After a long and hard day, I find techdirt to be a great way to beat the monotony of the daily grind, but many times the thrust of the article is lost due to his juvenile humor.
I was planning on attempting to refute your other claims until I realized your article was parody. You almost had me fooled, but when you said "he knows what he's talking about" I realized my error. Well played, sir, well played.
What you just said was just as offensive, crass, and juvenile as what Rosario tweeted. It's also just as much of a constitutionally protected opinion as his was. That aside, your hypocrisy is unmeasurable.
PS... Your comment is also equally as likely to get prosecuted for slander.
I'm inclined to disagree with this sentiment, and if permitting is not considered unconstitutional than perhaps it should be. I don't have a problem with a permit as a voluntary request, but making it a requirement is most certainly unconstitutional. All mandatory permits can lead to is censorship, other than the gatherers providing the courtesy of notification. If the permit is declined that's censorship. If the permit allows an institutional response to the assembly that alters the scope or presentation of the assemble, then that is censorship as well.
I think you missed the assault of the elderly woman by the officer. He had no right to place his hands on her. Her swinging her purse was a response to being assaulted. He is the one who should have been arrested and charged with a felony.
In the 80's if you wanted a track you had to listen to the radio with a tape deck and record the song you wanted to hear on a blank cassette. You then shared this tape with your friends ensuring they didn't have to pay for it either, because, you know, we were kids and couldn't afford to pay for it even if we wanted to. And that is single-handedly why music doesn't exist anymore because home taping actually did kill it... oh wait...
Pandora and Spotify give the artists something from people that would otherwise be giving them nothing in many cases. This is progress in the right direction, and if you can't see that then I don't know what to tell you.
I'm all about you guys experimenting with new models for revenue generation and all, but I have to agree with some of the others here that I do not like this new format with the pinned post staying up top. Hopefully a less intrusive method will be found, but I'm an adblock, noscript kinda guy, so maybe I'm in the minority...
"So console gamers can disagree, can complain, but it's going to happen. It's been proven successful on the PC platform, and while you probably won't see the sales and indie development, due to control, it will benefit all.
The only one benefiting from used game sales are the scumbag stores who deal in it while destroying the industry."
It's only successful on the PC because of the sales and indie development. Those 2 factors are the only thing that is offered on the PC platform to compete with free. Without services like steam and gog, all of a sudden the pirate bay would be getting a much greater increase in traffic. Those services add value to the consumer by providing them with convenience at a reasonable price. The console ecosystem has no intention of providing this benefit, so what makes you think this move will be good for anyone other than the game publishers?
You mean like average citizens and journalists have being arrested for filming police officers, or throwing water balloons, or posting rap lyrics on Facebook?
DNA should not be collected without a conviction because these days the police can arrest anyone for anything. The charges may not hold water, but its a moot point once they've violated your rights and put you in a biometrics database. How can you possible be ok with this?
IANAL but I don't believe this would be considered entrapment. As the owner of the copyright, his offering of the films online would be considered an authorized use. To then turn around and demand money from these authorized downloaders to keep Prenda from publicly releasing their porn habits would be a classic example of extortion. Actual legally defined, no argument to the contrary, extortion. Time to buy some stock in PopSecret... this is going to get good!