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Piracy

Court Grants RIAA Summary Judgment Motions vs. Limewire 170

NewYorkCountryLawyer writes "District Court Judge Kimba Wood has granted some of the RIAA's key summary judgment motions in Arista Records v. Lime Group. In her 59-page decision (PDF), she found Lime Group itself, as well as its CEO and a separate company, liable for intentionally inducing Limewire users to infringe plaintiffs' copyrights. The decision was not a final judgment, so it is not appealable. Additionally, it denied summary judgment on certain issues, and did not address any possible damages."
Privacy

Court Allows Unmasking of P2P Downloaders 244

bricko writes "A federal appeals court says copyright-infringing downloaders can now be outed. If you use or have used P2P, this may interest you. From Wired: 'The RIAA detected what it claimed to be infringing activity on an IP address the university linked to the student. The unidentified student moved to quash a federal judge’s order that the university forward the student’s identity to the RIAA. The student asserted a First Amendment right of privacy on the Internet, in addition to a fair-use right to the six music tracks in question. The appeals court ruled in the RIAA’s favor (PDF) after balancing a constitutional right to remain anonymous against a copyright owner’s right to disclosure of the identity of a possible “trespasser of its intellectual property interest."'"
Education

File Sharing Remains a Perk of College Life 288

An anonymous reader points out a story on the effect of a new law on file sharing on campuses — in short, it may not make much difference. "Students who are about to graduate often hand down the tricks of stealing music and movies to the next senior class. ... At the College of New Jersey, that means surreptitiously finding a new home each year for a computer holding an enormous directory of illegal files on the campus. ... The machine runs software called Direct Connect, which lets people on a local network easily trade files among their hard drives in a way that is usually undetectable to anyone outside the network. ... Educause recently unveiled a website with information about the new regulations. It provides case studies from six 'role-model campuses,' listing the steps they are taking to combat piracy. Another page lists 57 legal sources of music and movies on the Web. But when asked which campuses have forged new policies in reaction to the law, Educause officials were unable to name any."
The Media

Media Industry Wants Mandated Spyware and More 373

An anonymous reader writes "The joint comment filed by the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) requests anti-infringement software on all home computers, pervasive copyright filtering, border searches, forced US intellectual property policies on foreign nations and a joint departmental agency to combat infringement during major releases." The MPAA would also like to have its rent paid a bit by Congress, with a ban on what seems to me like a useful tool (for those in as well as outside the film industry), the recently-discussed futures market for box-office receipts.
The Courts

ACTA Draft To Be Made Public Next Week 95

Spitfirem1 writes with this snippet from ZDNet: "Negotiators will on Wednesday publish the first officially released draft of the Anti-Counterfeiting Trade Agreement, a new treaty designed to harmonize copyright enforcement around the world. The decision to release the consolidated draft on 21 April was made at the eighth round of Anti-Counterfeiting Trade Agreement (ACTA) negotiations, which took place this week in Wellington, New Zealand. So far, the only publicly available information on the negotiating countries' proposals and amendments have been leaked documents purporting to be drafts of the agreement."
Government

Entertainment Industry's Dystopia of the Future 394

renek writes "If you think the RIAA/MPAA's tactics have been outlandish, laughable, and disconcerting in the past, you haven't seen anything yet. From government-mandated spyware that deletes infringing content to border searches of media players, this reads like an Orwellian nightmare. Given the US government's willingness to bend over for Big Media it wouldn't be terribly surprising to see how far this goes and how under the radar it stays."
Networking

Cisco's New Router — Trouble For Hollywood 335

A user writes "Time Magazine has published an article about the impact of Cisco's new CRS-3 router on the business practices of the MAFIAA. This new router was previously mentioned here on Slashdot and is expected to alleviate internet bottlenecks that currently impede steaming video-on-demand services. Some of the highlights from the article: 'The ability to download albums and films in a matter of seconds is a harbinger of deep trouble for the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA), which would prefer to turn the clock back, way back. ... The hard fact is that the latest developments at Cisco, Google and elsewhere may do more than kill the DVD and CD and further upset entertainment-business models that have changed little since the Mesozoic Era. With superfast streaming and downloading, indie filmmakers will soon be able to effectively distribute feature films online and promote them using social media such as Facebook and Twitter. ... Meanwhile, both the MPAA and the RIAA continue to fight emerging technologies like peer-to-peer file sharing with costly court battles rather than figuring out how to appeal to the next generation of movie enthusiasts and still make a buck."
Government

Obama Backs MPAA, RIAA, and ACTA 703

boarder8925 writes "In a move sure to surprise no one, Obama has come out on the side of the MPAA/RIAA and has backed the ACTA: 'We're going to aggressively protect our intellectual property,' Obama said in his speech, 'Our single greatest asset is the innovation and the ingenuity and creativity of the American people [...] It is essential to our prosperity and it will only become more so in this century. But it's only a competitive advantage if our companies know that someone else can't just steal that idea and duplicate it with cheaper inputs and labor.'"
Communications

Major ISPs Help Fund BitTorrent User Tracking Research 190

An anonymous reader writes "I was scanning conference proceedings to come up with ideas for a reading group I run at my workplace, and I noticed an interesting paper from the new IEEE WIFS forensics conference. Researchers from the University of Colorado have published a technique for tracking BitTorrent users (PDF) by joining and actively probing torrent swarms using low-cost cloud computing services. They claim their methods allowed them to monitor the entire Pirate Bay torrent set for as little as $13/mo using EC2. But that's not even the interesting part. Their work appears to have been 'funded in part through gifts from PolyCipher' — a broadband ISP consortium. That's right; three major national ISPs funded this round of BitTorrent tracking research, not the MPAA/RIAA. Could this be evidence of ISP support for ACTA and a global three-strikes law?"
The Almighty Buck

Charles Nesson Ruled Jointly Liable To Pay RIAA 207

eldavojohn writes "The highly anticipated Joel Tenenbaum trial ended in a disaster for Tenenbaum. But worse for his highly publicized lawyer, Charles Nesson, they are both liable for payment of the court's decision to the RIAA. Nesson's pro bono agreement with Tenenbaum may turn out to be a seriously expensive experiment for the Harvard Law Professor." As the Ars story points out, though, it's "some fees incurred by the RIAA during the trial" for which he'd be liable, not the whole judgment amount.
Music

Appeals Court Knocks Out "Innocent Infringement" 232

NewYorkCountryLawyer writes "A 3-judge panel of the US Court of Appeals for the 5th Circuit has ruled that a Texas teenager was not entitled to invoke the innocent infringement defense in an RIAA file-sharing case where she had admittedly made unauthorized downloads of all of the 16 song files in question, and had not disputed that she had 'access' to the CD versions of the songs which bore copyright notices. The 11-page decision (PDF) handed down in Maverick Recording v. Harper seems to equate 'access' with the mere fact that CDs on sale in stores had copyright notices, and that she was free to go to such stores. In my opinion, however, that is not the type of access contemplated in the statute, as the reference to 'access' in the statute was intended to obviate the 'innocence' defense where the copy reproduced bore a copyright notice. The court also held that the 'making available' issue was irrelevant to the appeal, and that the constitutional argument as to excessiveness of damages had not been preserved for appeal."
The Courts

Tenenbaum's Final Brief — $675K Award Too High 525

NewYorkCountryLawyer writes "The final brief (PDF) filed by the defendant Joel Tenenbaum in SONY BMG Music Entertainment v. Tenenbaum seems to put the final nail in the coffin on the RIAA's argument that 'statutory damages' up to $150,000 can be awarded where the record company's lost profit is in the neighborhood of 35 cents. Not only do Tenenbaum's lawyers accurately describe the applicable caselaw and scholarship, something neither the RIAA nor the Department of Justice did in their briefs, but they point out to the Court that the US Court of Appeals for the First Circuit — the appeals court controlling this matter — has itself ruled that statutory damages awards are reviewable for due process considerations under the guidelines of State Farm v. Campbell and BMW v. Gore. The brief is consistent with the amicus curiae brief filed in the case last year by the Free Software Foundation."
The Courts

RIAA Confusion In Tenenbaum & Thomas Cases? 229

NewYorkCountryLawyer writes "There seems to be a bit of confusion in RIAA-land these days, caused by the only 2 cases that ever went to trial, Capitol Records v. Thomas-Rasset in Minnesota, and SONY BMG Music Entertainment v. Tenenbaum, in Boston. In both cases, the RIAA has recently asked for extensions of time. In Thomas-Rasset, they've asked for more time to make up their mind as to whether to accept the reduced verdict of $54,000 the judge has offered them, and in Tenenbaum they've twice asked for more time to prepare their papers opposing Tenenbaum's motion for remittitur. What is more, it has been reported that after the reduction of the verdict, the RIAA offered to settle with Ms. Thomas-Rasset for $25,000, but she turned them down."
Music

Judge Lowers Jammie Thomas' Damages to $54,000 390

An anonymous reader writes "Judge Michael Davis has slashed the amount Jammie Thomas-Rassett is said to owe Big Music from almost $2,000,000 to $54,000. 'The need for deterrence cannot justify a $2 million verdict for stealing and illegally distributing 24 songs for the sole purpose of obtaining free music. Moreover, although Plaintiffs were not required to prove their actual damages, statutory damages must still bear some relation to actual damages.' The full decision (PDF) is also available."

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