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The Courts

$4 Million In Fines For Linking To Infringing Files 317

Posted by Soulskill from the even-the-fringe-infringers dept.
I Don't Believe in Imaginary Property writes "The MPAA won judgments totaling $4M against two sites which merely link to infringing content. They're not arguing that it's an infringement of their distribution right, like the RIAA has with their 'making available' argument. Instead, they got the sites for 'contributory copyright infringement', just like RIAA v. LimeWire. To translate all that legalese into English, search engines which primarily index copyright-infringing material and the people who run them may not be safe in the US. That applies even if the sites in question do not host any infringing materials, participate in, or encourage the infringement done by their users. And, even honoring DMCA notices in order to take advantage of the DMCA Safe Harbor provisions hasn't prevented the **AA from suing."
Privacy

Eavesdropping Didn't Help Uncover Terrorist Plot 290

Posted by kdawson from the on-second-thought dept.
crymeph0 writes "Director of National Intelligence Mike McConnell asserted that the 'Protect America Act,' which frees the intelligence community from pesky things like judicial oversight while they eavesdrop on international conversations, was used to good effect in exposing the recently foiled terrorist plot to bomb US military facilities in Germany. Not so, according to other, anonymous, intelligence community officials. McConnell was forced to admit his errors in a phone call to Sen. Joe Lieberman. Turns out the military got wise to the bad guys months before the law was passed, simply due to alert military guards noticing odd behavior by some passers-by, a.k.a. good old fashioned police work."
The Courts

Submission + - RIAA trying to avoid trial by jury next month (arstechnica.com)

Submitted by Joe Elliot
Joe Elliot writes: Faced with a jury trial set to begin on October 1, the RIAA has filed a motion for summary adjudication of specific facts: that the RIAA owns the copyrights to the songs in a file-sharing case, that the registration is proper, and that the defendant wasn't authorized to copy or distribute the recordings. If the judge rules in their favor, Ars notes that it may turn into a Novell v SCO situation where the only thing left to be decided are the damages. There are some significant problems with the copyright registrations — they don't match up. 'Thomas argues that since she lacks the financial means to conduct a thorough examination of the ownership history (e.g., track the ownership of "Hysteria" from Mercury to UMG) for the songs she is accused of infringing the copyright to, her only opportunity to determine their true ownership is either via discovery or cross-examination at trial.' Ars also notes that the RIAA's biggest fear is that of losing a case. 'A loss at trial would be catastrophic for the RIAA. It would give other defense attorneys a winning template while exposing the weaknesses of the RIAA's arguments. It would also prove costly from a financial standpoint, as the RIAA would have to foot the legal expenses for both itself and the defendant. Most of all, it would set an unwelcomed precedent: over 20,000 lawsuits filed and the RIAA loses the first one to go to a jury.'

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