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DRM

Spotify To Bait and Switch? 121

hype7 writes "The Harvard Business Review, of all places, is running a story suggesting that Spotify may have to rely on a bait & switch strategy — or might have one forced upon it by the record labels. From the article: 'Spotify gets all its content from the same place everyone else does – the same industry that has forced price increases on other online services once they have become successful. That appears to be at least partly what happened with Netflix last week. At least in the case of the existing a la carte music services, if you don't like the new price, you don't have to buy the new track. In Spotify's world, if you don't like the new price, there goes your music library. Or, if Spotify tries to stand up for its users, the labels can just pull the songs and those songs simply disappear.'"
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 Internet

MPAA Shuts Down Town's Municipal WiFi Over 1 Download 323

nam37 writes with this BoingBoing snippet "The MPAA has successfully shut down an entire town's municipal WiFi because a single user was found to be downloading a copyrighted movie. Rather than being embarrassed by this gross example of collective punishment (a practice outlawed in the Geneva conventions) against Coshocton, OH, the MPAA's spokeslizard took the opportunity to cry poor (even though the studios are bringing in record box-office and aftermarket receipts)."
The Courts

RIAA Sued For Fraud, Abuse, & "Sham Litigation" 187

NewYorkCountryLawyer writes "It's been a rough week for the RIAA as massive layoffs are about to cost many employees their job. On top of that, the anti-piracy outfit is being sued in North Carolina for abusing the legal system in its war on piracy, particularly for civil conspiracy, deceptive trade practices, trespassing and computer fraud in SONY BMG Music Entertainment v. Moursy. Named along with the record companies as defendants on the counterclaims are Safenet (formerly known as MediaSentry) and the RIAA. This case first started out as 'LaFace Records v. Does 1-38' until the court required the RIAA to break it up into 38 separate cases, at which point it morphed into 'SONY BMG Music Entertainment v. Doe.' Only after the RIAA finally got its 'expedited' discovery did it become SONY v. Moursy. And from the looks of things, it has a long, long way to go. The RIAA hasn't even filed its answer to the counterclaims yet, but is making a motion to dismiss them on the grounds of legal insufficiency. Sound like a good investment of record company resources, anyone?"
The Courts

RIAA Drops Enforcement Case To "Sort Out" Inaccuracies 69

NewYorkCountryLawyer writes "The other day I reported on my blog that the record companies had assigned, to the RIAA itself, a $4000 default judgment they'd gotten against some lady in Massachusetts, and that the RIAA was going after the defendant with an 'enforcement' proceeding to squeeze the money out of her. Today, it turns out, the RIAA withdrew its motion because, according to the RIAA's collection lawyer, the motion 'contained factual inaccuracies ... which plaintiff needs to sort out' (PDF). The collection lawyer must be new around here; a few little 'factual inaccuracies' never bothered an RIAA lawyer before."
Music

RIAA Claims Ownership of All Artist Royalties For Internet Radio 458

ISurfTooMuch writes "With the furor over the impending rate hike for Internet radio stations, wouldn't a good solution be for streaming internet stations to simply not play RIAA-affiliated labels' music and focus on independent artists? Sounds good, except that the RIAA's affiliate organization SoundExchange claims it has the right to collect royalties for any artist, no matter if they have signed with an RIAA label or not. 'SoundExchange (the RIAA) considers any digital performance of a song as falling under their compulsory license. If any artist records a song, SoundExchange has the right to collect royalties for its performance on Internet radio. Artists can offer to download their music for free, but they cannot offer their songs to Internet radio for free ... So how it works is that SoundExchange collects money through compulsory royalties from Webcasters and holds onto the money. If a label or artist wants their share of the money, they must become a member of SoundExchange and pay a fee to collect their royalties.'"
The Courts

RIAA Receives Stern Letter, Folds 382

NewYorkCountryLawyer writes "In SONY BMG v. Merchant, in California, the defendant's lawyer wrote the RIAA a rather stern letter recounting how weak the RIAA's evidence is, referring to the deposition of the RIAA's expert witness (see Slashdot commentary), and threatening a malicious prosecution lawsuit. The very same day the RIAA put its tail between its legs and dropped the case, filing a Notice of Voluntary Dismissal. About an hour earlier NYCL had termed the letter a 'model letter'; maybe he was right."
Music

RIAA Sues Stroke Victim in Michigan 328

NewYorkCountryLawyer writes "The RIAA has now brought suit against a stroke victim in Michigan in Warner v. Paladuk. The defendant John Paladuk was living in Florida at the time of the alleged copyright infringement, and had notified the RIAA that he had not engaged in any copyright infringement. Despite the fact that Mr. Paladuk suffered a stroke last year (pdf), rendering him disabled, the RIAA commenced suit against him on February 27, 2007. Suing the disabled is not new to the RIAA. Both Atlantic v. Andersen in Oregon and Elektra v. Schwartz in New York were suits brought against disabled people who have never engaged in file sharing, and whose sole income is Social Security Disability. Both of these cases are still pending. The local Michigan lawyer being used by the RIAA in the Paladuk case is the same lawyer who was accused by a 15 year old girl of telling her what to say at her deposition in Motown v. Nelson. In the Warner v. Scantlebury case, after the defendant died during the lawsuit, the same lawyer indicated to the court that he was going to give the family '60 days to grieve' before he would start deposing the late Mr. Scantlebury's children."

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