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 Post subject: Copyright legal issues in the news
PostPosted: Thu Apr 15, 2010 2:45 pm 
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Gizmodo reports that the RIAA and MPAA have submitted a plan to the Office of Intellectual Property Enforcement, demanding that the government enact the following:

Quote:
  • spyware on your computer that detects and deletes infringing materials;
  • mandatory censorware on all Internet connections to interdict transfers of infringing material;
  • border searches of personal media players, laptops and thumb-drives;
  • international bullying to force other countries to implement the same policies;
  • and free copyright enforcement provided by Fed cops and agencies (including the Department of Homeland Security!).

http://www.gizmodo.com/5517850/riaampaa ... omatically

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Apr 15, 2010 3:01 pm 
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That's too batshit crazy for the government to go along with. It's a smokescreen so they can get some lesser legal action done instead, as a "compromise".


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 Post subject: Copyright legal issues in the news
PostPosted: Thu Apr 15, 2010 5:43 pm 
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Geff R. wrote:
From SANS,

"--Cyber Extortionists Attacks Turn to BitTorrent Users
(April 12, 2010)
Internet scam artists have identified a new vector of attack. Instead
of bullying users into purchasing ineffective anti-virus software,
attackers are scaring BitTorrent users into paying to avoid fines or
even imprisonment for using the filesharing application. Malware
installed on BitTorrent users' computers pops up messages while users
are running BitTorrent; the messages claim that a scanner has detected
pirated content in the computer and offers them the chance to pay US
$400 as a pre-trial settlement. The messages claim to originate from
the ICCP Foundation and threaten the users with fines of US $250,000 and
five years in prison.
http://www.wired.com/threatlevel/2010/04/ransomware/
http://www.scmagazineus.com/bittorrent- ... le/167808/

Yet another reason to not mess with BitTorrents. I know a lot of people swear by them but I just can't see opening my computer to that many strangers.


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 Post subject: Copyright legal issues in the news
PostPosted: Thu Apr 15, 2010 10:54 pm 
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Jeff wrote:
That's too batshit crazy for the government to go along with.

I hope you're right, Jeff. Suggestions like this are genuinely insane.

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Apr 16, 2010 12:09 am 
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Especially coming after the GAO study that showed the RIAA/MPAA claims couldn't be verified.

But too crazy to be implemented? I wouldn't hold my breath. After seeing some of the laws that have made it nearly impossible to travel internationally with guitars made with certain woods (even if the guitars were made long before the woods became endangered), I hold no expectations for sanity.

Just for example - you can lose a guitar if the customs agent suspects it's made with endangered wood. Even if it's not.

That said, I would certainly hope that the folks guarding our borders have more important things to worry about than checking every iPod that crosses the Peace Bridge, and that they REALIZE they have more important things to worry about.

Given how much they love to claim the other guy is soft on terrorism, any Congressman/woman who speaks or votes in favor of this should be immediately asked why they want to deflect attention away from real threats to enforcing copyrights.

Alan

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Apr 16, 2010 12:53 am 
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Glenn S. wrote:
Yet another reason to not mess with BitTorrents. I know a lot of people swear by them but I just can't see opening my computer to that many strangers.

I agree 100%.

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Apr 16, 2010 1:45 am 
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Jon Tyler wrote:
Jeff wrote:
That's too batshit crazy for the government to go along with.

I hope you're right, Jeff. Suggestions like this are genuinely insane.

the fact that there is even a remote chance of this happening is FRIGHTENING. I would think that folks on both ends of the political spectrum would be opposed.

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jun 03, 2010 6:16 pm 
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Quote:
Illegal Downloads Run Rampant In Spain

The U.S. has the lowest piracy rate in the world, but globally nearly $50.1 billion dollars has been lost to piracy. As illegal downloads become a growing problem worldwide, individual countries may determine that they do not share the same issues and concerns.

In the U.S. producers of the movie, "The Hurt Locker” are tackling the issue of piracy by suing filesharers who downloaded torrent versions of the movie. India is taking steps to fight the U.S. ACTA Piracy pact on what they believe to be stringent restrictions, while Spain is finding that it has to get tougher in its efforts to combat piracy.

A new report published June 1 from IDC Research Iberia claims that over 95 percent of music in Spain is pirated. The report indicates that the country lost $6.3 billion in the second half of 2009. It is estimated that the country lost about $12 billion dollars for the entire year.

The study was commissioned by the Coalition of Creators and Content Industries and targeted music, film, video game, and book distribution. The final results indicated that 95.6 percent of music obtained online in the country was pirated. Pirated films were estimated at 83.7 percent while video games came in at 52.3 percent.

Nearly 6,000 internet users in Spain were surveyed for the study.

"The real figures are even worse," says Coalition president Aldo Olcese, who believes that internet users under the age of 16, presumed to be the most frequent illegal downloaders, were not included in the study.

Anti-piracy legislation, called the Sustainable Economy Law, is expected to be rolled out after the summer in Spain.

http://www.dailytech.com/Illegal+Downlo ... e18612.htm

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 Post subject: Copyright legal issues in the news
PostPosted: Wed Jun 09, 2010 8:48 pm 
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Quote:
Speechcrime: Netherlands Rules Talking or Writing About Piracy is Illegal

The IFPI, RIAA, MPAA, and their international allies have led a crusade against copyright infringement over the last decade, which has seen record million dollar verdicts handed down against citizens for essentially petty theft. Now, even as they continue their lawsuits, they eagerly await gaining new sets of legislated tools thanks to the lobbyist money they've been pouring into governments worldwide.

We previously detailed how the Anti-Counterfeiting Trade Agreement, set to be debated by the U.S. Congress later this year, currently contains a new crime called "imminent infringement", which is essentially copyright thoughtcrime.

Now courts in the Netherlands have added speechcrime to that list, essentially ruling that is illegal to even talk or write about piracy. The case began last year when Dutch movie studio Eyeworks sued a Usenet community FTD for "making public" their film Komt een vrouw bij de dokter (A Woman At The Doctor).

Typically "making public" means you uploaded a file and shared it. In some cases, the definition has been extended to posting links to infringed material. However, in this case FTD's users neither posted copyrighted material nor links to it, they merely would "spot" locations of various films on Usenet and post them to the group (sans-links).

In May, in Dutch Federal court in the Hague FTD was handed a defeat. The court issued an "ex parte injunction" banning the site's users from "spotting" under threat of punishment.

The FTD's lawyer Arnoud Engelfriet filed an objection (appeal) to the court order. That objection was heard last week and FTD lost yet again when Dutch court essentially ruled a second time that free speech did not cover talking about or writing about piracy.

Speaking with TorrentFreak Engelfriet voiced his frustration, stating, "I am flabbergasted by the court’s reasoning. It is established case law that publishing hyperlinks or torrents (Mininova, Pirate Bay) is *not* the same as a publication. FTD does less than what Mininova or Pirate Bay does, but according to the court we are more liable than they are?"

The Judge supported his decision citing a case in England involving a Usenet service called Newzbin. Engelfriet describes, "They say that FTD is doing the same thing, and since the English courts held Newzbin liable for infringement, FTD must be liable too. This completely ignores the technical differences between Newzbin and FTD. Newzbin is an NZB search engine through which you find codes to directly download from Usenet. FTD is a forum where people ’spot’ movies using messages in ordinary Dutch."

The FTD's unsuccessful defense was that it did not control the servers the material was hosted on and hand no control over potential downloaders and thus was not "making available". The court said this was inconsequential and that guilt would be determined by establishing "whether the behavior of FTD allows users to download copyrighted files (in an easier manner) and thus makes such files available to the public." And the court found they did.

Tim Kuik, director of Dutch copyright protection group BREIN cheered the decision, stating, "This is a collaboration between FTD and its users where they knowingly provide access to unauthorized files. It’s clear that this is more than just talking about files like FTD wants people to believe."

Brein is suing the FTD in a second court case. That case will go to court in October. Kuik wants to see FTD shut down entirely and taken off the internet.

FTD may soon have a bit of vengeance, though. Dutch elections are this week, and due to decisions like this one and the Sweden's multi-million dollar verdict against the owners of The Pirate Bay, the Pirate Party is picking up steam. Writes a party spokesperson, "When reaching landmark decisions that overturn years of jurisprudence, neither the judge nor the issue is served when it turns out that the judge in question is in business with the copyright-lawyer from the party benefiting from this shocking verdict. The fact that this joint enterprise mainly offers courses on 'counter-piracy' at €900 per day, makes the situation appear even muddier still. If the Netherlands wants to avoid looking like a banana-republic where the law is for sale to the highest bidder, it is urgent that parliament takes control of the debate on copyright-reform, and brings it back into the public arena where this discussion belongs."

It has been established that the judge serving on The Pirate Bay case was a member of copyright organizations and may have financially benefited from the decision. The Pirate Bay admins are currently appealing the case, hoping for a more unbiased day in court. Despite the seemingly liberal nature of the Netherlands it has been leading the way in copyright enforcement, banningThe Pirate Bay and other sites entirely.

http://www.dailytech.com/Speechcrime+Ne ... e18668.htm

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Jun 10, 2010 2:44 am 
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FTD is a HUGE usenet organized posting group. The repercussions could be interesting.

Beyond that, George Orwell is rolling over in his grave.

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 Post subject: Copyright legal issues in the news
PostPosted: Sat Sep 25, 2010 10:43 pm 
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From Sans,

"--Activists Launch DDoS Attacks Against RIAA, MPAA Sites
(September 20, 2010)
Groups protesting actions taken against The Pirate Bay have launched
distributed denial-of-service (DDoS) attacks against the Motion Picture
Association of America (MPAA) and the Recording Industry Association of
America (RIAA) websites. The attacks were announced on 4chan; the
British Phonographic Industry (BPI) website appears to be next in line
for attacks. The attacks appear to have been prompted by a report that
an Indian software company called Aiplex had been hired by film industry
executives to take measures to stop sites hosting pirated film content;
among the company's arsenal, according to the report, was launching DDoS
attacks against the sites that had refused to comply with takedown
orders. Aiplex was also among the activists' targets.
http://www.bbc.co.uk/news/technology-11371315
http://www.theregister.co.uk/2010/09/20 ... mpaa_riaa/

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 Post subject: Copyright legal issues in the news
PostPosted: Wed Sep 29, 2010 9:29 pm 
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More on this from SANS,

" --Anti-Piracy-Focused Law Firm Suffers Data Breach
(September 27, 2010)
A law firm known for sending letters to suspected filesharers demanding
payment and threatening possible legal action is being investigated by
the UK Information Commissioner's Office (ICO) for possible violations
of the Data Protection Act. ACS:Law was one of several websites
that came under attack last week from a group protesting anti-piracy
activity; the Recording Industry Association of America (RIAA) and
the Motion Picture Association of America (RIAA) were also targeted.
The problem arose following the attack; when ACS:Law put its website
back up, a compressed file containing sensitive personal information
was exposed. The information has subsequently been uploaded to
The Pirate Bay. Of particular concern is an unencrypted list of
approximately 5,300 people who received letters from ACS:Law accusing
them of illegal sharing of adult films online. Human rights watchdog
organization Privacy International advisor Alexander Hanff said that
while the Anonymous group is behind the DDoS attacks, "there's no
evidence at all that they hacked the server."
http://www.bbc.co.uk/news/technology-11418962

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 Post subject: Copyright legal issues in the news
PostPosted: Wed Oct 06, 2010 2:32 am 
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Sigh. They won't pass appropriate tax legislation, but this CRAP is on "fast track"??! I HATE both parties.

From Sans.

--Senate Committee Tries to Fast-Track Anti-Piracy Bill
(September 29, 2010)
An anti-piracy bill introduced in the US Senate has inspired heated
response on both sides of the debate. Some have questioned the
timing of the proposed legislation, which was introduced just days
before lawmakers adjourn to return home and campaign for the November
midterm election. The Combating Online Infringement and Counterfeits
Act would give the US Justice Department (DoJ) the authority to file
civil action against the suspect domain names. If the suspect site is
in the US, the Attorney General could ask court to find the domain name
"is dedicated to infringing activities." The DoJ could then order the
site's registrar to shut it down. DoJ would also have the authority
to take steps to block US Internet users' access to overseas sites
that have pirated content. ISPs could be ordered to block those
sites and to order companies to stop doing business with the sites.
http://news.cnet.com/8301-31001_3-20018 ... opStories1

http://www.computerworld.com/s/article/ ... onomyId=71
http://www.pcmag.com/article2/0,2817,2369948,00.asp

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 Post subject: Copyright legal issues in the news
PostPosted: Wed Oct 06, 2010 2:47 am 
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More from SANS

--Court Grants BT Adjournment to Halt Requests for Customer Data
(October 4, 2010)
The UK High Court has granted a request from Internet service provider
(ISP) BT to freeze new and existing applications for customer
information. Law firms have been filing requests for information
identifying computer users suspected of illegal filesharing. Last week,
law firm ACS:Law was hit with a distributed denial-of-service (DDoS)
attack launched by a group that opposes action taken against
filesharers. When ACS:Law tried to restore its website after the
attack, it accidentally exposed unencrypted sensitive personal
information it had received from ISPs. BT said it would challenge the
requests for information until it sees evidence that the allegations
have "some basis." BT also wants to ensure that the data it provides
to firms like ACS:Law are adequately protected.
http://www.bbc.co.uk/news/technology-11467347
http://www.guardian.co.uk/technology/20 ... protection
[Editor's Note (Schultz): Here is a new and intriguing issue--an ISP has
been successful in obtaining a favorable court ruling such that the ISP
does not have to supply information to a requester because the latter
has not exercised due diligence in protecting customer information. Stay
tuned re. this one.]

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 Post subject: Copyright legal issues in the news
PostPosted: Wed Oct 06, 2010 12:50 pm 
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Geff R. wrote:
Sigh. They won't pass appropriate tax legislation, but this CRAP is on "fast track"??! I HATE both parties.

Equally important, Geff... the Senate is also working on a law to limit the volume of TV commercials (so they will no longer be louder than the TV shows they interrupt.) Seriously! They have nothing more important to focus on!

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 Post subject: Copyright legal issues in the news
PostPosted: Sun Oct 10, 2010 6:02 am 
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Jon Tyler wrote:
Geff R. wrote:
Sigh. They won't pass appropriate tax legislation, but this CRAP is on "fast track"??! I HATE both parties.

Equally important, Geff... the Senate is also working on a law to limit the volume of TV commercials (so they will no longer be louder than the TV shows they interrupt.) Seriously! They have nothing more important to focus on!


Can the Senate also ban crap like Justin Bieber, Lady Ga ga etc ?

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 Post subject: Copyright legal issues in the news
PostPosted: Sun Oct 10, 2010 7:47 pm 
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If they ban Kid Rock and Poof Diddley, they will be doing the world a great public service.

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 Post subject: Copyright legal issues in the news
PostPosted: Wed Oct 27, 2010 1:53 am 
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More from Sans,

" --Media Content Groups Urge Quick Passage of Anti-Piracy Legislation
(October 22, 2010)
Proposed legislation in the US Senate would make it easier to go after
websites believed to be promoting piracy. The bill has the support of
the Recording Industry Association of America (RIAA), the Motion Picture
Association of America (MPAA) and other prominent media content
organizations. The groups signed a letter to Senator Patrick Leahy
(D-Vermont), who is one of the bill's sponsors. The Combating Online
Infringement and Counterfeits Act does not allow the government to shut
down the websites, but allows the US Justice Department to seize the
sites' domain names and impose restrictions on credit cards and banks
that would prohibit them from conducting further business with the
alleged pirates."
http://news.cnet.com/8301-13578_3-20020408-38.html
http://www.nextgov.com/nextgov/ng_20101 ... ef=topnews

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 Post subject: Copyright legal issues in the news
PostPosted: Wed Oct 27, 2010 4:21 pm 
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Dr. Chris Evil wrote:
If they ban Kid Rock and Poof Diddley, they will be doing the world a great public service.

They came first for Kid Rock
And I didn't speak up because I didn't like Kid Rock.

Then they came for Eminem
And I didn't speak up because I didn't like Eminem.

Then they came for Puff Daddy
And I didn't speak up because...well, duh, it's Puff Daddy.

Then they came for the Bay City Rollers....

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 Post subject: Copyright legal issues in the news
PostPosted: Tue Nov 23, 2010 8:43 pm 
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Finally someone on OUR side!

From SANS,

"--Senator Says He Will Fight Antipiracy Legislation
(November 19, 2010)
US Senator Ron Wyden (D-Oregon) said he will fight proposed legislation
that would give the US government the authority to shut down web sites
believed to be dedicated to illegal filesharing. Calling the Combating
Online Infringement and Counterfeits Act the "wrong medicine" for
addressing illegal filesharing, Wyden said the proposed law is too
broad. The bill was approved last week by the Senate Judiciary
Committee; it allows the Justice Department to file civil actions
against domain names believed to be involved with digital piracy."
http://www.nextgov.com/nextgov/ng_20101 ... ef=topnews

http://www.computerworld.com/s/article/ ... onomyId=17

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Feb 11, 2011 4:27 am 
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Quote:
MPAA threatens to cut off Google HQ

For years, the MPAA has been sending notifications to users who illegally download their movies via the Internet. The general course of action is to hire a company to track down users who infringe on the MPAA’s copyrights, send a letter to the offenders ISP, and request that the message be sent to the actual offending user. The letter contains the title of the alleged infringement, the day and time that the company detected the activity, as well as the users IP address, port, and protocol information.

According to TorrentFreak, the MPAA has sent multiple letters to Google headquarters with information on employees who have allegedly downloaded movies via BitTorrent. These users are accused of downloading copyrighted material from within the company and according to the letters that the MPAA sends out, they are within their rights to have the users ISP shutdown Internet access for the offenders – thus taking Google offline.

“Copyright infringement also violates your ISP’s terms of service and could lead to limitation or suspension of your Internet service. You should take immediate action to prevent your Internet account from being used for illegal activities.”

http://www.neowin.net/news/mpaa-threate ... -google-hq

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Feb 11, 2011 11:41 pm 
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