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 Post subject: Copyright legal issues in the news
PostPosted: Sat Aug 13, 2011 11:55 am 
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How are we supposed to respond to or interpret such a selectively presented window of data (a link to the source article would help) without somehow turning this into a political debate?


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 Post subject: Copyright legal issues in the news
PostPosted: Sat Aug 13, 2011 2:56 pm 
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My intent in presenting such a limited amount of data was to attempt to avoid turning it into a political thread, while showing there was a factual financial relationship between members of at least 1 party & the RIAA/MPAA.

Keep in mind that several of the articles posted on New Zealand & Australia accuse the USA gvt of coercion in crafting those country's "piracy" laws.

It's pretty tough to discuss the RIAA/MPAA issues without dealing with the changing laws, the people that are changing thise laws & the why they are being changed.

I'm concerned that if I post the link to the original article, it could be seen as political. I would be glad to pm the link to anyone who wishes; it's actually a pretty tame article!

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 Post subject: Copyright legal issues in the news
PostPosted: Sat Aug 13, 2011 3:50 pm 
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I guess I just don't see anything necessarily sinister about:

1. Corporations making political donations,
2. The U.S. Congress regulating interstate commerce, and
3. Owners of intellectual property being granted the legal means to protect their property.


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 Post subject: Copyright legal issues in the news
PostPosted: Sat Aug 20, 2011 6:00 pm 
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http://www.informationliberation.com/?id=36198

U.S. Anti-Piracy Police Kept Secret From The Public
by Ernesto, TorrentFreak

Last month the MPAA and RIAA made a deal with all the major Internet providers in the United States to systematically hunt down file-sharers. The new “Copyright Alerts” system will directly affect millions of Internet users, but thus far the participating parties have refused to disclose which monitoring company will act as anti-piracy detectives. It’s time for the big reveal.

Starting in a few months, the copyright police will start to track down ‘pirates’ as part of an agreement with all major U.S. Internet providers.

All parties agreed to warn copyright infringers that their behavior is unacceptable. After six warnings the ISP may then take a variety of repressive measures, which include slowing down the offender’s connection.

The new system is a formalized version of the existing takedown system already operated by copyright holders, and was announced under the name ‘Copyright Alerts‘.

When the agreement was made public in July, two questions immediately came to mind. The first one concerns where data on alleged infringers will be collected, by whom and how long it will be stored. Secondly, which company will be tasked with ‘spying’ on millions of BitTorrent users.

During the last month TorrentFreak tried to get answers on these vital questions, but to our surprise it was impossible to get a response through the official channels. On multiple occasions we contacted the RIAA, A2IM, the Center for Copyright Information, the PR firm of Center for Copyright Information and participating ISPs, but none of these entities were willing to provide more information on the record.

Only when we contacted people off the record we were able to find out more. Independently of each other, two sources involved in copyright enforcement informed us that DtecNet is the company that will be tracking unauthorized file-sharing under the new copyright alert system.

So who are DtectNet and why is their alleged appointment being kept from the public?

Looking at the history of DtecNet we find that the company originally stems from the anti-piracy lobby group Antipiratgruppen, which represents the music and movie industry in Denmark. And there are more direct ties to the entertainment industry. Kristian Lakkegaard, one of DtecNet's employees, used to work for the RIAA's global partner IFPI.

Last year the Danish company was acquired by the US brand protection firm MarkMonitor, but continues to operate under its own name. As an established anti-piracy company, DtecNet already works closely with the RIAA and MPAA. In addition, they are responsible for collecting data on copyright infringers as part of the Irish three-strikes program.

Although little is known about the accuracy of DtecNet’s tracking software, TorrentFreak has previously pointed out that the company knows very little about how BitTorrent works. A whitepaper published by DtecNet claimed that BitTorrent traffic had plummeted and was littered with painful errors and false assumptions. The report in question has since been retracted (copy here), indicating that in hindsight DtecNet wasn’t very happy with it either.

DtecNet’s parent company MarkMonitor also made the headlines with a report that branded the file-hosting site RapidShare as the leading digital piracy site. RapidShare, a company that has gone to extreme lengths both in and outside of court to emphasize its legitimacy, was outraged and threatened to sue MarkMonitor for defamation. MarkMonitor at the time told TorrentFreak that their research was completely independent, but with revenues coming from both the RIAA and MPAA their objectivity has to be in doubt.

So now we know that DtecNet will likely be the monitoring company used for the copyright alerts program, one of our questions has been answered. However, we still don’t know what will happen to the information DtecNet collects and where this will be stored. For the sake of transparency, we hope that the Center for Copyright Information will be more open about this in the future.

In a final attempt to get DtecNet’s appointment officially confirmed TorrentFreak contacted Te Smith, Vice President of Communications at MarkMonitor, who would not confirm or deny our findings.

“As a company, our policy is never to comment on whether someone (or some company, organization or group) is or isn't a client,” Te informed us.

But with two sources pointing at DtecNet we are confident that they will be tracking U.S. file-sharers under the copyright alert program. Nevertheless, this secrecy does raise new questions that are perhaps just as interesting as the others we’ve asked previously.

Why would DtecNet’s involvement be kept a secret from the public? Why isn’t there more openness about how the personal information of millions of alleged file-sharers is to be handled? What do the groups behind these copyright alerts have to hide?

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 Post subject: Copyright legal issues in the news
PostPosted: Sat Aug 20, 2011 6:20 pm 
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Did you have permission to repost that article?

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 Post subject: Copyright legal issues in the news
PostPosted: Sat Aug 20, 2011 6:33 pm 
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:shock:

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 Post subject: Copyright legal issues in the news
PostPosted: Sat Aug 20, 2011 7:00 pm 
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Is this legal under current USA law? Does anyone know?

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 Post subject: Copyright legal issues in the news
PostPosted: Tue Sep 06, 2011 3:58 pm 
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Quote:
France: Copyright Is More Important Than Human Rights

It's no secret that Nicolas Sarkozy is a strong supporter of more draconian copyright laws, and has also been talking about the need to clamp down on free expression online. Even so, it's still a bit shocking to see him outright declare that copyright is more important than human rights online:

Quote:
The Foreign Ministry said that France does not wish to sign a UN declaration favorable to the defense of human rights on the Internet until there is no consensus on the fact that freedom expression and communication does not take precedence over other rights, including intellectual property.

That's from a Google translation of the French which is a little awkward. Using a different translator, it translates the "until there is no consensus" to be "as long as there will be no consensus." French speakers, feel free to confirm. But it appears the French government is saying that it refuses to sign a declaration concerning human rights online unless those who sign on agree to admit that freedom of expression and communication is less important than copyright. That's insane.

As Glyn Moody writes in the link above, this very much goes counter to France's actual interests. The country, which is well known for promoting French culture above foreign cultures, doesn't seem to realize that locking up its culture will do the exact opposite of what its officials seem to expect:

Quote:
The worst thing the French government can do would be to make it *harder* to access French culture in the form of literature, music, films, etc through increasingly punitive enforcement of outdated copyright laws. Instead, it should be encouraging all the relevant industries to make their wares available as widely as possible - if necessary through subsidies.

And yet Sarkozy seems to regard supporting his fat-cat chums in the copyright industries as more important that truly helping the broader culture French culture, or even - heaven forfend - supporting universal ideals like freedom.

Or, as Moody puts it more succinctly in his post's title: Liberty, Equality, Fraternity... Monopoly.

http://www.techdirt.com/articles/201109 ... ghts.shtml

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 Post subject: Copyright legal issues in the news
PostPosted: Tue Sep 06, 2011 6:13 pm 
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With chance, Sarkozy will be gone soon.

Not that intellectual property doesn't matter, but to put i on the same level as freedom of communication and liberty of expression and information is simply absurd.

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 Post subject: Copyright legal issues in the news
PostPosted: Tue Sep 06, 2011 10:10 pm 
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Another reason to start eating "freedom fries" again...

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 Post subject: Copyright legal issues in the news
PostPosted: Tue Sep 06, 2011 10:54 pm 
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This isn't just a France thing. Remember the USA is pushing other countries to take this same attitude (see Australia & New Zealand as 2 examples), & imo corporations & corporate profits have become much higher priorities in our country then the citizens. See the bank scandals & bailouts as the #1 example (though there are many many more)

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Sep 09, 2011 3:45 pm 
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Quote:
From Sans,
--MediaNews Severs Business Relationship with Righthaven
(September 7 & 8, 2011)
MediaNews Group is terminating its business relationship with
Righthaven, the organization that has made headlines for suing bloggers
and website owners for alleged copyright infringement for posting online
content originally published in print publications. Righthaven was
founded expressly "to monetize print news content through copyright
infringement lawsuits." While some of the lawsuits it has filed have
resulted in out-of-court settlements, judges have repeatedly told
Righthaven that it does not have the legal standing to file the lawsuits
in the first place.
http://www.wired.com/threatlevel/2011/0 ... dumb-idea/
http://www.wired.com/threatlevel/2011/0 ... e-support/


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 Post subject: Copyright legal issues in the news
PostPosted: Tue Sep 13, 2011 3:31 pm 
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Quote:
Hotfile sues Warner Bros claiming fraud and abuse

File-hosting service Hotfile has fired a law suit at Warner Bros., alleging 'fraud and abuse'.

Hotfile says the film maker systematically abuses an anti-piracy tool Hotfile made available to it, to take down content the company doesn’t actually hold the copyright to.

“Warner has made repeated, reckless and irresponsible misrepresentations to Hotfile falsely claiming to own copyrights in material from Hotfile.com,” the suit states

Warner has a Special Rightsholder Account (SRA) with Hotfile that allows it to remove any number of files that may infringe its copyright. On its complaint Hotfile, claims Warner systematically misuses this tool, taking down material willy-nilly.

Game demos and open source software have been downed in Warner's over-enthusiastic purges, Hotfile claims.

“The single file deleted by Warner that had been most frequently downloaded by Hotfile users—five times more frequently than any other file—was a freeware software title wrongfully deleted by Warner. The software publisher that uploaded the file used Hotfile.com as a means for distribution of its open source software. Warner was not authorized by the software publisher to delete the file,” the complaint alleges.

The suit may have been prompted by the fact that five Hollywood film studios, including Warner Bros are suing Hotfile over copyright claims.

Hotfile says Warner earns from the take-downs as the result of an arrangement by which Warner ccan replace downed content with ecommerce links

“By increasing the number of links it was taking down with Hotfile’s SRA, and indeed falsely inflating these numbers, Warner was increasing the number of times it could present e-commerce links to Hotfile’s users for its own enrichment,” the suit notes

Hotfile wants a a jury trial and seeks compensation for losses and damage to its reputation.

http://www.thinq.co.uk/2011/9/13/hotfil ... -and-abuse

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 Post subject: Copyright legal issues in the news
PostPosted: Tue Sep 13, 2011 3:42 pm 
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In the heyday of ebay's old "Vero" program, this happened frequently & it was a pain to get stuff reinstate. It really hasn't been a problem on ebay for a few years, not sure how they fixed it. "Fake positives" used to be a problem for Amazon 3rd party sellers also. I have no info how that is handled these days.

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Sep 16, 2011 2:21 pm 
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While this APPEARS to have nothing to do with music/movies; if the article isn't leaving out anything important it would seem to be good (for once!), though the sentence, "Small-scale inventors are divided on the legislation, with some arguing that it gives an advantage to big corporations" is concerning.

AP wrote:
Obama signs 1st major patent law change since 1952

ALEXANDRIA, Virginia (AP) — President Barack Obama signed into law Friday a major overhaul of the U.S. patent system, a measure designed to ease the way for inventors to bring their products to market. "We can't afford to drag our feet any longer," the president said.

Passed in a rare display of congressional bipartisanship, the America Invents Act is the first significant change in patent law since 1952. It has been hailed as a milestone that would spur innovation and create jobs.

The bill is meant to ensure that the patent office, now facing a backlog of 1.2 million pending patents, has the money to expedite the application process. It now takes an average of three years to get a patent approved. More than 700,000 applications have yet to be reviewed.

"Somewhere in that stack of applications could be the next technological breakthrough, the next miracle drug," Obama said. "We should be making it easier and faster to turn new ideas into jobs."

The president signed the bill after touring Thomas Jefferson High School for Science and Technology in Alexandria, where he examined students' work, including a wheelchair that responds to brain waves. Obama at one point had to step aside as he admired the technological displays. "I don't want to get run over by a robot," he said.

The law aims to streamline the patent process and reduce costly legal battles. It was backed by companies including Google and Apple as well as the U.S. Chamber of Commerce. Small-scale inventors are divided on the legislation, with some arguing that it gives an advantage to big corporations.

Obama was joined at the signing ceremony by Senate Judiciary Committee Chairman Patrick Leahy, a Vermont Democrat, and House Judiciary Chairman Lamar Smith, a Texas Republican, the two main sponsors of the legislation.

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 Post subject: Copyright legal issues in the news
PostPosted: Sun Sep 18, 2011 4:16 pm 
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Found this on an Ellington board. Looks like the Beatles will NOT be going p.d. Can't say I'm surprised.

Quote:
The European Commission agreed this week to extend the mechanical
copyright on sound recordings to 70 years from 50 years. It still has
to be nodded through by the EU Council of Ministers, but this is
almost certain to happen. Great news for The Beatles. Terrible news
for consumers and for artists whose recordings are owned by
corporations which have no interest in repackaging them.
News articles here:
http://www.telegraph.co.uk/technology/n ... r-end.html
and here:
http://www.guardian.co.uk/music/2011/se ... aw-beatles

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 Post subject: Copyright legal issues in the news
PostPosted: Sun Sep 18, 2011 9:45 pm 
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Hmmm...I wonder what this will do to that "Complete 60s" label that the Eric Records website has been promoting?

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 Post subject: Copyright legal issues in the news
PostPosted: Sun Sep 18, 2011 10:03 pm 
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I just wonder about all of those UK comps of Elvis Presley's 50's material that have shown up in the past few years. Are they now contraband?


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 Post subject: Copyright legal issues in the news
PostPosted: Sun Sep 18, 2011 10:32 pm 
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From what I've read, the law will NOT be retroactive; it's specifically designed for the Beatles (& some say) Cliff Richard.

Although the thread I took that post from is a bit longer; & it appears the UK gvt is a bit confused on the specifics at the moment.

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 Post subject: Copyright legal issues in the news
PostPosted: Fri Sep 23, 2011 2:46 am 
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Quote:
Court reinstates $675,000 damages in downloading case

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Joel Tenenbaum

BOSTON -- An appeals court reinstated a $675,000 verdict against a Boston University student who illegally downloaded 30 songs and shared them on the Internet, but left the door open for the trial judge to reduce the award again.

Joel Tenenbaum, of Providence, R.I., was sued by the Recording Industry Association of America, representing four record labels, for illegally sharing music on peer-to-peer networks. In 2009, a jury ordered Tenenbaum to pay $675,000, or $22,500 for each of the songs he illegally downloaded and shared.

U.S. District Judge Nancy Gertner later reduced the award to $67,500, finding the original penalty "unconstitutionally excessive."

In his appeal, Tenenbaum sought to overturn the penalty. Sony BMG Music Entertainment, Warner Brothers Records Inc. and the other record labels represented by the RIAA asked that the full award be reinstated.

In a ruling issued late Friday, the 1st U.S. Circuit Court of Appeals said that Gertner made a mistake by delving into a constitutional question when common law gave her the tools to reduce the judgment.

Common law practice allows a judge to reduce a jury verdict deemed excessive. When that is done, the winning party can either pay the smaller amount or demand a new trial. Had Gertner invoked common law first, as she should have done, Sony would have had that choice, the 1st Circuit said in its ruling.

The court sent the case back to the lower court to reconsider Tenenbaum's request to reduce the judgment based on excessiveness without deciding any constitutional challenge.

Tenenbaum, who is pursuing a doctorate in physics, said he was surprised by the ruling.

"I am kind of dumbstruck," Tenenbaum said. "This is obviously more absurd than it was before."

His attorney, Harvard Law professor Charles Nesson, declined to comment on the ruling.

In his appeal, Tenenbaum argued that the U.S. Copyright Act is unconstitutional and that Congress did not intend the law to impose liability or damages when the copyright infringements amount to "consumer copying." He also said Sony was not entitled to monetary damages without a showing of actual harm, and he claimed there was no harm by his downloading and sharing of songs.

The 1st Circuit said none of those arguments have merit.

Lawyers for the Recording Industry Association of America argued that the economic impact of illegal downloading is much greater than the sharing of one song. They said illegal downloading hurt the recording industry by reducing income and profits.

"We are pleased the court agreed with us that the finding of liability was correct and that the District Court erred in finding the verdict unconstitutional," Jennifer Pariser, senior vice president for litigation and legal affairs for the group said in a statement.

In the only other music-downloading case against an individual to go to trial, a judge in July reduced the penalty imposed on a Minnesota woman for illegally sharing 24 songs online, from $1.5 million to $54,000.

U.S. District Judge Michael Davis said the penalty of $62,500 per song imposed by the jury was unreasonable. He reduced that amount to $2,250 per song, the same amount used by Gertner in her ruling in the Tenenbaum case.

Three juries have ruled against the woman, Jammie Thomas-Rasset.

http://www2.turnto10.com/news/2011/sep/ ... -ar-747569

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Sep 29, 2011 9:03 pm 
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SANS wrote:
--Some BitTorrent Software Downloads Briefly Infected with Malware
(September 13 & 14, 2011)
Attackers managed to tamper with downloads on the uTorrent website. As
a result, users attempting to download software from the site found
their computers infected with malware. The malware was being served for
about two hours on Wednesday, September 14. The malware is a phony
antivirus tool called Security Shield, which tells users that their
computers are infected with malware and asks for payment before fixing
the alleged problem. Initial reports said the BitTorrent site was
affected as well, but this was found to be untrue.
http://www.bbc.co.uk/news/technology-14912616
http://www.theregister.co.uk/2011/09/13 ... ware_hack/
http://news.cnet.com/8301-1009_3-201057 ... ncol;title
http://www.eweekeurope.co.uk/news/bitto ... care-39687

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 Post subject: Copyright legal issues in the news
PostPosted: Thu Sep 29, 2011 9:05 pm 
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SANS wrote:
--Man Pleads Guilty to Uploading First-Run Films to BitTorrent
(September 13 & 15, 2011)
Wes DeSoto has pleaded guilty to criminal copyright-infringement for
leaking copies of first-run movies to BitTorrent. Because he is a member
of the Screen Actors Guild (SAG), DeSoto had access to screening copies
of the five films, which included Black Swan, The Kings Speech and 127
Hours. DeSoto was pinpointed as the source of the leaked films through
the SAG watermark on the copies of the movies and by the IP address
associated with the username that had uploaded the films. The maximum
penalty allowed by law in this case is three years in prison and a fine
of US $250,000 or more, but the government is seeking three years of
probation and restitution.
http://www.wired.com/threatlevel/2011/0 ... r-seeding/
http://www.huffingtonpost.com/2011/09/1 ... 64549.html

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