P2P and RIAA Law Suit Info
Students & Universities need alternative to P2P Announcing BannedMusic.org
Ethan K. Clay: "The RIAA should support realistic ways of licensing media, incorporate students into the process of finding a solution and end its current round of lawsuits."
Doomed Music Retailer Wants 50 Cent,
Eminem Backing
Alan Berry:
"'Why does the RIAA give a letter of cease and desist to DJ Danger Mouse's
Grey Album, but I get arrested,' Berry offered. 'Why am I being charged
criminally and not civilly. When Apple computer used Eminem's lyrics in a
commercial for profit, why didn't the police arrest Steve Jobs? Why can 20
different web sites sell mixed CD's world wide and I'm selling $100,000 a month
of legitimate CD's along with a few mix CD's and get my whole operation shut
down?'"
To support Alan Berry, contact him directly via email at alan.berry
at insightbb.com or voice your opinion to the http://www.riaa.com/.
Get Real Campaign
The Get Real Campaign
adds the unheard voice of students to the issue of copyright infringment on
college campuses. The Campaign is dedicated to finding realistic
solutions/alternatives to file sharing which has prompted hundreds of lawsuits
from the RIAA and threatens to prompt the same response from the MPAA. While
calling for an end to the threat of lawsuits . . .
New Music Trading Site
oDoggLaunches
Innovative Music Trading Site: By analyzing user created CD lists, the oDogg
system arranges music trades that would otherwise be unimaginable. People get
the CDs they want for those they want to trade.
European and Canadian P2P Users Beware
NYT:
"International Federation of the Phonographic Industry (IFPI)
said Tuesday that action had been taken in Germany, Denmark, Italy and Canada
[against 247 people for illegally swapping music online]." Update
via cnews:
"File swappers in Canada can rest easy for the moment after a Federal Court
ruling Wednesday said uploading music files into shared folders on peer-to-peer
networks like Kazaa is legal. Justice Konrad von Finckenstein's decision throws
a wrench into plans by the music industry to sue people who share songs over the
Internet. Unlike similar cases in the United States, he said the Canadian
Recording Industry Association (CRIA) didn't prove there was copyright
infringement by 29 so-called music uploaders." Back in December, it was reported
that Canada deemed P2P downloading legal, although uploading files was not. see:
BMG
Canada Inc. v. Doe
the PIRATE Act
Copyright holders have no way of going after people who are only downloading
files and not uploading them. Wiretaps to the rescue. The RIAA may not be
permitted to wiretap file sharers, but the government certainly can. Wired
News: "Sens. Orrin Hatch (R-Utah) and Patrick Leahy (D-Vermont)
introduced a bill that would allow the Justice Department to pursue civil cases
against file sharers, again making it easier for law enforcement to punish
people trading copyright music over peer-to-peer networks."
Downhill Battle, the group behind the
landmark Grey Tuesday online protest
has created BannedMusic.org, a virtual
record label for sample-based music that the major record labels try to
suppress. BannedMusic.org currently features "The Double Black Album,"
a concept album that combines Jay-Z and Metallica, which the RIAA has tried to
shut down. BannedMusic.org is also debuting a new BitTorrent
installer to distribute these censored recordings: the system wraps BitTorrent
peer-to-peer software in an installer that, once run, self-installs and
automatically begins downloading the album you want which also spreads bandwidth
costs across users. see also: Grey
Page
California Peer to Peer True Name and Address Bill
Setting
a Trap for Net Pirates:
Text of the billThe Culver City Democrat is pushing a bill that would require California file sharers to attach their real names and addresses to the copyrighted goodies they let others download over networks like Kazaa and Morpheus.
If they don't, Murray says, they should be jailed for up to a year and fined as much as $2,500.
And what would stop file sharers from just sticking Murray's name and address on their files? Murray says the point isn't to take names; his idea is to give state prosecutors, who have no jurisdiction over copyright infringement, a charge they can bring against online pirates.
Murray countered, There's one way to maintain your privacy in my bill. That is not to engage in illegal activity.
653aa. (a) Any person who is not the copyright owner who knowingly electronically disseminates a commercial recording or audiovisual work without disclosing his or her true name and address, and the title of the recording or audiovisual work is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment.EFF Press Release: "These California anti-anonymity bills would force everyone - including children - to put their real names and addresses on all the files they trade, regardless of whether the files actually infringe copyrights."
(b) Subdivision (a) does not apply to a person who electronically disseminates a commercial recording or audiovisual work to his or her immediate family, or within his or her personal network, defined as a restricted access network controlled solely by that person or people in his or her immediate household.
(3) “Commercial recording or audiovisual work†means a recording or audiovisual work whose copyright owner, or assignee, authorized agent, or licensee, has made or intends to make available for sale, rental, or for performance or exhibition under license. A recording or audiovisual work may be commercial regardless of whether the person who electronically disseminates it personally seeks commercial advantage or private financial gain from that dissemination.
Anti-piracy vigilantes track P2P users
Kevin Poulsen, at SecurityFocus alerts P2P users that there's a new spyware in town that is trying to crack down on filesharers when they download and execute copies of "Unreal Tournament 2004, Pinnacle Studio 9, Norton Antivirus, TurboTax, and as a copy of the leaked Microsoft source code." Not only, that but they say it's "perfectly legal."
P2P is a dangerous product
Wired News: a draft document which is evidently being circulated by CA state Attorney General Bill Lockyer ... characterizes P2P software as a "dangerous product" and describes the failure of technology makers to warn consumers of those dangers as a deceptive trade practice. Metadata associated with the MS Word file indicates it was written or reviewed by a representative of the Motion Picture Association of America."
Where Does My CD Money Go?
The RIAA Expense Report is in and Maurice Reeves has the inside of scoop of where our 16 to 19 bucks a CD actually goes.
Upgrading P2P
The latest version of the Morpheus P2P client allows users to connect to all the major P2P networks — e.g., Kazaa, iMesh, eDonkey, Overnet, Grokster, Gnutella, LimeWire, G2 (read: greater decentralization, less ability to monitor or control users) — and offers enhanced user privacy (read: enhanced protection against lawsuits). The latest version of the Blubster P2P client promises privacy protection in the form of full network encryption and file disassembly/reassembly techniques. see also: zdnet / technewsworld / c|net
A NJ First: RICO Claim against RIAA
Michele Scimeca, from Rockaway Township and her attorney Bart Lombardo
have filed a RICO
Act (Racketeering Influenced & Corrupt Organizations) counterclaim in
USDC Newark against the RIAA after bring accused in December of sharing
1,400 copyrighted songs.
Story here.Scimeca's case also cites the Hobbs act: Paying the music labels would deprive her of money she could spend on interstate commerce, her lawyer explained. Because the so-called extortion papers were delivered via the postal system, and potentially affect Scimeca's bank account, her countersuit also cites mail- and bank fraud laws.
RIAA sues 531
more
in Philadelphia, Atlanta, Orlando and Trenton, New Jersey... [Record
Industry Sues 531 More File-Sharers]
Record Industry
Cuts Corners in Crusade Against File-Sharers
Public Citizen, Electronic Frontier Foundation and ACLU Say "File
Lawsuits Properly":
Read the entire press release.The groups do not question the seriousness of the illegal activity alleged by the record companies, but object to the process the companies have tried to use to obtain the file-sharers? identities.
Courts have recognized the right to anonymous speech on the Internet and developed a balancing test to ensure that right is not needlessly trammeled in litigation.
Grokster, Morpheus and the Future of P2P
U.S. District Court Judge Stephen Wilson ruled in favor of online file-sharing services Grokster and Morpheus, saying the two companies are not liable for online piracy by users of their service. Defendants distribute and support software, the users of which can and do choose to employ it for both lawful and unlawful ends ... Grokster and Streamcast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights....
Kazaa v. The Content Providers
Kazaa gets go ahead to countersue for copyright infringement: Sharman accuses industry of misusing its software to invade users' privacy and send corrupt files and threatening messages.
P2P's respond, Say They Can't Filter Networks and that file-swapping companies should not be held to a standard that is technologically infeasible; especially when certain decentralized P2P programs are legal to distribute. see also: Porn Industry understands difference between Use and Piracy / Use Kazaa? Now you can mask your internet address.
RIAA Continues its Annoyance of File Sharers
WaPo: The recording industry reignited its legal campaign against online music piracy, filing lawsuits against 532 people it accused of illegally swapping copyrighted music on the Internet.
Also, Sarah McBride at the WSJ offers this detailed analysis of how the RIAA must proceed as a result of the recent D.C. Circuit decision which ruled that the RIAA could not require ISPs to turn over the identities of customers suspected of illegally sharing music under their current subpoena process:
Batching the lawsuits allows the RIAA to file just one motion to learn the identities of the illegal downloaders it is targeting at any given ISP. That means the ISP receives one subpoena for all the users, instead of one for each ... Unlike its previous subpoena process, the RIAA must now prove to a judge, rather than a court clerk, that it has a valid claim, a process that takes weeks rather than hours ... The ISPs then must identify the targeted individuals, which requires a minimum of 45 minutes per case, according to Verizon Communications Inc. attorney Sarah Deutsch. The individual defendants would receive notice of the suit while still remaining anonymous to the plaintiff, and have an opportunity to quash the lawsuit if there is a case of mistaken identity.
* RIAA on
Lawsuits
* RIAA FAQ on
John Doe Lawsuits
* EFF on 532
Recording
Industry can't have names of music downloaders
firstamendmentcenter.org:
"A federal appeals court today rejected efforts by the recording
industry to compel the nation's Internet providers to identify subscribers
accused of illegally distributing music online.
In a substantial setback for the industry's controversial anti-piracy
campaign, the three-judge panel from the U.S. Circuit Court of Appeals for
the District of Columbia overturned
a ruling by a trial judge to enforce a copyright subpoena."
Jane Doe
ruling limits effect of RIAA legal defeat: "This provides a road
map to the RIAA. While (absent a successful appeal) they may no longer
issue hundreds of blanket DMCA subpoenas - at least in the District of
Columbia - they can file hundreds of blanket 'John Doe' copyright infringement lawsuits and then issue hundreds of ordinary civil
subpoenas. Or, they can go to Congress and have the DMCA amended to
specifically include P2P networks. So while the court ruling may slow the
RIAA, there are many other arrows in their quiver."
Canada deems P2P downloading legal
News.com: "Downloading copyrighted music from peer-to-peer networks is legal in Canada, although uploading files is not, Canadian copyright regulators said in a ruling released Friday."
RIAA Lawsuits by
the numbers
Stats parsed via Recording Industry Continues Legal Duel Against Web Piracy (WSJ sub req'd).
Should ISP subscribers pay for P2P?
Distributed Computing Industry Association proposal: peer-to-peer users would pay a flat monthly fee to the networks or to Internet service providers, which would be divided up among the record labels and musicians whose songs were downloaded. [Peer-To-Peer Group Floats Scheme to Pay for Music or Should ISP subscribers pay for P2P?] Don't be surprised though if the current p2p networks just have their own self interests in mind with this or similar proposals. See also: Group seeks political power for P2P: A new nonprofit organization aimed at welding file-swapping and open-source computing advocates into a political force is launching online this week.
RIAA Information Awareness Activism
Downhill Battle and RIAA Radar are teaming up to educate consumers about record labels that pay radio stations to play their songs and those suing fans -- here.
RIAA files 41 more lawsuits against downloaders
USATODAY.com: The recording industry has filed 41 more lawsuits against computer users in at least 11 states it said were caught illegally distributing songs over the Internet, continuing its aggressive campaign against online music piracy.
RIAA asks and they shall receive
The RIAA has forced the transfer of SBC action (contending that the record industry's subpoenas for information on subscribers to Internet service providers were unconstitutional) to the Federal Circuit who previoulsy ruled against Verizon, requiring the ISP to reveal the names of their customers swapping files online. [c|net]
Music Producers Hail SML's Weed Music Distribution Service
Geekstreet: "Shared Media Licensing, Inc.'s Weed(SM) music distribution service has received a lot of attention lately from file sharing advocates who see it as an innovative solution to the problems of Internet file sharing. Weed lets fans share authorized music files without running afoul of the RIAA's enforcers. But Weed is also getting attention from independent music producers, who see Weed as a solution to one of the nagging problems of conventional music distribution: the high cost of pressing, distributing, and promoting CDs. "
RIAA's Offers Amnesty to File Sharers
More than a thousand people have filed "Clean Slate" affidavits, an RIAA amnesty program for P2P network users who voluntarily identify themselves and pledge to stop illegally sharing music on the Internet. [internetnews.com] According to sources, the RIAA will not pursue legal action if infringers delete all unauthorized music files from their computers, destroy all copies (including CD-Rs) and promise not to upload such material in the future. Each infringing household member will have to send a completed, notarized amnesty form to the RIAA, with a copy of a photo ID. Music Biz to Give File Sharers Amnesty [related: Peace Offering for File Traders?] The RIAA has released details on its "Clean Slate" [pdf] amnesty program.
Don't Accept the RIAA's Amnesty Agreement
Julie Hilden on Findlaw: "Worse, the individual's admission to the RIAA ... may be used against him or her in a court proceeding by some other plaintiff down the road. Indeed, it could even theoretically be used in a criminal case alleging some kind of fraud; or a violation of the Digital Millenium Copyright Act; or some other criminal claim that might be a stretch, but might still be brought. Can the RIAA Truly Give Illegal Distributors “Amnesty"? And If So, Should They Accept? Cowboy Neal at /. tells the RIAA exactly what they can do with it: "Hey RIAA, how about I just stop sharing files, and we call it even? I know I own most of the CDs for the files I listen to, but I stopped buying those too so you'll know where I stand." Donna Wentworth has important information and advice (consult an attorney) for anyone considering this. [via Frank Field] Donna also points to Mary Hodder, at bIPlog, who says that "If you've already been subpoenaed, you're out of luck." Frank Field points to Lisa Rein and Mary Hodder's comments in a Salon article discussing the Amnesty program. A lawsuit has been filed today against the RIAA for unfair, deceptive, and unlawful business practices regarding its "Clean Slate" program. [via beSpacific]
File Sharers Strike Back
RIAA Lawsuit Assistance: "We really think that the major label lawsuits are just intimidation followed by extortion: the record companies scare people with a suit for hundreds of thousands of dollars and then offer a settlement for 4 or 5 thousand. The cost of fighting is so high that even if you think you're innocent, it's cheaper to settle." [Downhill] RIAA Amnesty: Deceptive Business Practice? Eric Parke, a 37-year-old mortgage broker, says in a lawsuit filed in Marin County Superior Court in San Rafael that the amnesty offer is "hollow and deceptive" and provides "no real legally binding assurance" that those who sign the amnesty offer will not be sued at some later date by copyright owners. [internetnews.com] Dave Ralis says that everyone who receives a subpoena should appeal. Basis. This will slow their progress anyway. They really are just looking for you to settle. Dave's gots lots of other interesting information there as well; go, read.
RIAA to sue File Sharers
The RIAA has filed 261 separate law suits against the file swappers whose identity they have been subpoenaing. Some downloaders have been entering into preliminary settlement agreements with (average payment $3,000) in hopes to avoid litigation. John Borland, of c-net news.com, has indicated that:
Attorneys not involved in the dispute say the defendants will be hard-pressed to make a convincing case if the RIAA's evidence holds up in court. The industry trade group has collected long lists of files being shared by each defendant, traced those files to a specific network address and used subpoenas to link that address to a specific Internet account.Sabrina at beSpacific has collected other profiles of those targeted by the RIAA's 261 lawsuits. 1 down, 260 to go: Barely 24 hours after suing alleged file swappers around the United States, the recording industry has settled its first, agreeing to drop its case against a 12-year-old New York girl in exchange for $2,000. [c-net] File-Shares's Mom Says: "'I'll spend music money on anti-RIAA t-shirts": The mother of three teenaged sons who spends around $5000 a year on music products says following Phase II of the RIAA's sue 'em all campaign, she'll now spend the money on anti-RIAA bumper stickers and T-shirts, "to give away to others". [p2pnet] "It shouldn't be illegal," said 14-year-old Sonya Arndt. "It's not like I'm selling it." [nyt]
Benny Evangelista at SFGate: Parents start to rein in kids downloading music: Recording industry suits put a crimp in another teen pastime... How to talk to your kids about downloading Judge John Roberts of the U.S. Court of Appeals for the District of Columbia: "Isn't is equivalent to my leaving the door to my library open?" Roberts asked. "Somebody could come in and copy my books but that doesn't mean I'm liable for copyright infringement." [Wired] SoCalLawBlog reports on the RIAA's gestapo tactics:
It's bad enough that the RIAA has used Gestapo tactics to prevent file sharing. But now, the state of California has sucked up to the politically connected RIAA and has now given them official authority to help direct the state's enforcement of copyright laws.RIAA: Students can't plead ignorance - Kathryn Johnson: With the recent media attention surrounding the recent Recording Industry Association of America lawsuits against swapping music files, many UA students are taking a closer look at what kinds of consequences they could face for downloading music off the Internet.
P2P Anonymity and Privacy Information
Charter Communications Inc. has filed a federal lawsuit attempting to block the recording industry from obtaining names of Charter customers who allegedly shared copyrighted music over the Internet. Charter, based in the St. Louis suburb of Town and Country, filed papers Friday in U.S. District Court in St. Louis trying to quash subpoenas that the Recording Industry Association of America issued seeking the identities of about 150 Charter customers. [findlaw] Private file sharing networks are popping up all over, according to this CNN article by Powell Fraser: "Jim Lowrey, an expert in network encryption, said it would be difficult for outsiders to break through the encryption to see who is using the private sharing services." Declan points out that "Consumers hoping for a painless way to hide their identity on peer-to-peer networks may be disappointed. For example, Blubster does not conceal the telltale IP addresses used to connect to the file-swapping service, meaning copyright investigators can, in practice, unmask anyone on its system." [via Furdlog] Clint Witchalls went in search of providers helping users stay anonymous.
P2P Lawsuits
Declan McCullagh: Librarians ask 9th Circuit to uphold the April decision by a Los Angeles judge that dismissed much of the entertainment industry's suit against the two peer-to-peer companies: Librarians to P2P critics: Shhh!
A central argument of the brief is that the district court got it right when applying a 1984 Supreme Court decision to the Internet. That decision, Sony v. Universal City, said Sony could continue to manufacture its Betamax VCR because a company "cannot be a contributory (copyright) infringer if, as is true in this case, it has had no direct involvement with any infringing activity."I really think that lots of people, like John Schwartz, just don't get it yet. P2P advoctes are not pro-piracy or saying the internet wants to be free. We're saying file sharing is legal. P2P Networks Want to Play Nice Several peer-to-peer networks announce a file-sharers' code of conduct and invite record companies to negotiate a payment plan.
Where can I find good information about the RIAA's stance on file-sharing?
I was having lunch with a friend of mine the other day and the topic was Kazaa and the RIAA. He was telling me that he just started offering his files for upload because apparently the speed of one's connection is linked to the number of files offered for upload. Anyway, he asked me if the RIAA was truly going after the downloaders. I explained that they were going after the uploaders and that all the information he needs is contained on some site I came across called techlawadvisor.com. So I figured I'd be a nice guy and put it all in one spot rather than forcing to scroll around and actually have to read this blog.
Background Discussion of Copyright Law and Potential Liability for Students Engaged in P2P File Sharing on University Networks
PDF file: The Joint Committee of the Higher Education and Entertainment Communities has released this paper. The Joint Committee includes representatives from a number of universities, education groups, entertainment industry representatives, and the presidents of RIAA & MPAA. The paper provides an overview of copyright law relating to on-campus P2P file sharing and concludes that "(c)olleges and universities generally do not have a legal duty to control students' private conduct. Students therefore should not assume that their college or university will accept liability for them or provide them with legal representation." [via DigitalConsumer News]
A New Law To Criminalize File Sharing
Rep. Berman wants to raise the punishment for file sharing from misdemeanor to felony? [U.S. bill would put Net song swappers in jail] Also, if you're asking yourself how to protect yourself from the RIAA, I suggest you read this. I can only assume he read this. Also, here and here are some related items. "Fox News is reporting that the RIAA has secured 871 subpoenas against suspected file swappers, with 75 more being approved each day. Between this, and the latest versions of FreeNet and Kazaa Lite being released, will technology be able to keep traders away from court?" Apparently, just suing the "major offenders" wasn't enough of a warning shot, so now they're going after people who share as few as eight songs. Alert: Over the next several weeks I intend to download lots of music. RIAA do you hear this? Would you like to know my IP address? I'll gladly fill out my own subpoena.
Will the P2P crackdown send users underground?
WaPo writer Brian Krebs asks and answers. I'm wondering whether it will cause them to go back to the pre-Napster era of making mix tapes or copying whole albums for friends. Also, are the record companies victimizing file sharers who use P2P services because they are less adept technologically? Do they really think it's the individual using Kazaa that is costing them money? Or is it someone who has the ability to create entire high quality albums? This whole absurdity has me considering making every album in my collection available on Kazaa. Update: Professor Felten shares his thoughts
The RIAA's new crackdown, if it works, will most likely cause yet another step in the evolution of P2P systems. P2P systems that provide only weak anonymity protection for their users will fade away, replaced by a new generation of P2P technology that resists the RIAA's new tactics.Update: Kazaa noticed a slight downturn during several hours after the announcement, however Grokster noticed that the usage went up with 10% for a little while after the announcement. However on friday everything seemed normal again, with trading the MP3's as usual. [Curlio.com and NY Post via Google] Update: Blubster is a new P2P software which operates without a central server on a system, allowing "a user's identity to remain private, which makes all the file-sharing process completely anonymous." The software was launched today. [CBSnews.com via Digmi.net]
The RIAA's new tactic is to join a P2P network semi-anonymously, and then to pierce the anonymity of people who are offering files. There are two countermeasures that can frustrate this tactic ... [t]he second countermeasure is share files only among small friends-and-family groups, making it difficult for investigators to join the group. If every P2P user is a member of a few of these overlapping small groups, then files can still diffuse from place to face fairly quickly.
All of this must look pretty unfair from the RIAA's point of view. No matter how strong the RIAA's legal and ethical arguments against file sharing are, people will continue to share files as long as they view it as a basically benign activity. It seems to me that only a change in public attitudes, or a change in the basic legal structure of copyright, can solve the file sharing problem.
RIAA's Crackdown on File-Sharing
Carl Bialik answers some questions re RIAA's Crackdown on File-Sharing such as How do record companies catch people?, How do they forge a case against the people they catch?, and What are your chances of getting caught, and what will get you caught? If you're caught, what will happen to you -- fines, jail time?
EFF and RIAA on
File-Sharing
EFF on File-Sharing
In
the wake of the RIAA's announcement that they intend on suing thousands of
customers, EFF has posted a campaign in support of P2P music sharing and
the striking of a new copyright bargain that will compensate artists
without criminalizing millions of Internet users.
URL: http://www.eff.org/share/
RIAA's
NY Times ad:
NEXT TIME YOU OR YOUR KIDS SHARE' MUSIC ON THE INTERNET, YOU MAY ALSO WISH TO DOWNLOAD A LIST OF ATTORNEYSHas anyone fisked this RIAA Open Letter to Consumers?
By now, most people know that distributing copyrighted music over the Internet without permission is illegal. The courts have said it, Congress has said it, the artists, musicians and songwriters you love have said it, and we have said it. What's more, there are now many legal and inexpensive ways to get music online. So why do millions of computer users who may know it's wrong continue to steel music? Because they think they can't be caught. And because they think it's free.
So now they can explain themselves to a judge.
Starting today, the record industry will begin gathering evidence and preparing lawsuits against individual computer users who illegally "share" copyrighted music over so-called peer-to-peer networks.
Some folks ask us, "How can you sue your consumers?" Well, the same question can be asked of retailers who prosecute shoplifters. And the answer is simple: retailers take action against shoplifters because they know the problem would get a whole lot worse if they didn't.
Music doesn't just happen. It's made and brought to you by tens of thousands of people - from songwriters and recording artists to warehouse workers and record store clerks - who work very hard to get it right.
Still others claim the problem isn't file sharing but that today's music just isn't any good. Hey, there's no accounting for taste, but if the music isn't good, why are millions of people illegally downloading literally billions of new songs each month?
Here are the facts: stealing music over the Internet is no different than shoplifting CDs out of a record store. It's wrong, and it's against the law. It's also a very public activity - meaning the offenders can easily be identified.
We'd much rather spend our time making music than dealing with legal issues. But we can't just accept the work of our artists, songwriters, and an entire industry being stolen. So the next time you think about "sharing" music illegally on the Internet, maybe you should also think about how it's going to play in court.
P2P Alert
Starting tomorrow the RIAA will begin collecting evidence and preparing lawsuits against file sharers who illegally offer music online. This means individuals, like Jesse Jordan and The College Four or retired Penn State Prof Peter Usher, not the file sharing companies, they already lost that battle [pdf]. For those brazen enough to continue, don't forget that your ISP can be required to turn over information about your online activities without so much as a judge's order. The RIAA has also provided a list of authorized online music sources if you wish to avoid being the poster boy for file sharing "piracy".
RIAA Wrath Hits Teen
Build a search engine, get sued for 97.8 billion, settle the lawsuit for your life savings.
Verizon ordered to name downloaders
Verizon lost its appeal and will now have to turn over the names of four anonymous subscribers accused of illegal file swapping to the RIAA. Verizon's concern now is that under the DMCA copyright holders can subpoena information without first seeking a judge's blessing, making it an easier and cheaper method for tracking down alleged copyright infringers. [c|net] [Original ruling here.] Sen. Sam Brownback is preparing a bill that would limit digital copy-protection efforts. The bill would limit some of the devices movie studios and recording companies use to prevent rampant copying of their products. It would also make it more difficult to track down those who trade songs and movies online. [Reuters: U.S. senator prepares digital-copyright bill] Previous posts indicated that the RIAA may now use the No Electronic Theft Act [NET] to go after file swappers.
RIAA Pit of Confusion
A kuro5hin author has designed a pure PHP script that can generate a large number of bogus mp3 hosting sites that will cause false positives for RIAA spiders. The morality, technical feasibility, and even logic of setting up such "spider tar-pits" is argued about in a subsequent discussion at the site.
* RIAA apologizes for erroneous letters
* Bum rap for downloading irks Penn State
* Penn State's Spanier tries to solve file-sharing problem
* RIAA apologizes for threatening letter
New cloaking application protects individuals from network snooping
Program Lets P2P Users Roam Free: "PeerGuardian creates a personal firewall that blocks the IP addresses of snoops. They can see the names of files being traded, but they can't download the file to tell whether it's a copyrighted file." PeerGuardian could help reign in such actions as those where copyright holders utilize technologies that would freeze up PCs and delete MP3s directly off hard drives.
* Students paying for playing
* Interview with Student Sued by RIAA: Peng
Will the Music Industry Use Illegal Measures to Counteract Piracy?
My wife handed me this article late last night to read from the $3.50 Sunday Edition of the New York Times. In Software Bullet Is Sought to Kill Musical Piracy, Mr. Sorkin tells us that the record companies "are quietly financing the development and testing of software programs that would sabotage the computers and Internet connections of people who download pirated music ... which may never be carried out because they could be illegal under state and federal wiretap laws." The technological approaches being developed include a Trojan horse that redirects users to Web sites where they can legitimately buy the song they tried to download; DOS attacks; the "freeze" program that locks up the computer system for a certain duration; and the "silence" program that scans a computer's hard drive for pirated music files and attempts to delete them, which in testing deletes legitimate music files as well. Professor Lessig is quoted as saying that "Freezing people's computers is not within the scope of the copyright laws." It will be interesting to find out. Feel free to contact me to report any instances of such uses of technology and I will update this posting with your information.
* Will record companies risk jail time to stop downloading? See 18 U.S.C. 1030(a)(5).
* Hitting P2P Users Where It Hurts
* Wish I had thought of this. [061103]
Cartel Violates KaZaA's TOS
Dan Gillmor summarizes the important points in the Music Swappers Get a Message on PC Screens: Stop It Now [NYT]: "the tactic violated the company's user agreement, which prohibits making search requests to accumulate information about individual users."
The Cartel's instant message reads, in part: "It appears that you are offering copyrighted music to others from your computer. Distributing or downloading copyrighted music on the Internet without permission from the copyright owner is ILLEGAL…. When you break the law, you risk legal penalties. There is a simple way to avoid that risk: DON'T STEAL MUSIC, either by offering it to others to copy or downloading it on a 'file-sharing' system like this. When you offer music on these systems, you are not anonymous, and you can easily be identified. You also may have unlocked and exposed your computer and your private files to anyone on the Internet. Don't take these chances. Disable the share feature or uninstall your 'file-sharing' software." RIAA Gets the Message About IMs [Wired Apparently, the RIAA got the idea to send IMs from Verizon's attorneys during that lawsuit.
* RIAA Copyright Warning Message FAQ
* RIAA Launches new anti-piracy education initiative
* Internet Communications Protection Act
Hilary Rosen spins the file sharing decision
Rosen: "We are pleased with the Court's affirmation that individual users are accountable for illegally uploading and downloading copyrighted works off of publicly accessible peer-to-peer networks. This is precisely the issue we have been seeking to focus the public's attention on, and yesterday's decision in the Verizon matter makes clear that individual infringers cannot expect to remain anonymous when they engage in this illegal activity." [RIAA] She also indicated that the cartel will immediately appeal to the 9th Circuit Court of Appeals.
Battle of the
Press Releases
Verizon
Vows to Continue to Protect Subscriber Privacy [Verizon]
Court says Verizon
must reveal song swapper names [RIAA]
Verizon
Loses on Constitutional Issues [WaPo] [via Derek]
Verizon
gets 14 days to ID file-swapper [c|net]
Opinion from
the DC
Circuit [via Furdlog]
DOJ Backs Record
Labels in Pursuit of Music Sharer
On April 18, the DOJ filed a brief with the U.S. District Court for the
District of Columbia that supports the RIAA's case against Verizon to
compel the release of personal customer data of an individual who
allegedly engaged in Digital Millennium Copyright Act (DMCA) violations
through file swapping. The DOJ contends the government's position is a
defense of the constitutionality of the DMCA. Verizon has sought to quash
the court' subpoena as it "violates the constitutionally protected
rights of free speech and due process of Internet subscribers." See DOJ
Backs Music Industry In Privacy Case.
RIAA v. The
College Four
$97,800,000,000. Also check out Seth's note
on RIAA Math.
Students hijack
an academic computer network
View the RIAA's complaint
against a couple of college students swapping files.
RIAA: Let's Kill
All the Swappers
The recent Verizon
ruling (.pdf)
seems to have put wind in the sales of the Copyright Cartel. Armed, now
with the ability to get the name and number of every potential file
swapper, the cartel will likely ask prosecutors to seek indictments under
an "obscure law called the No Electronic Theft (NET)
Act that ... makes peer-to-peer (P2P) pirates liable for $250,000 in fines
and subject to prison terms of up to three years." [via Declan
McCullagh]
How will swappers react? The Journal
indicates that subscribers will need to shield their identities or
disguise their IP information: "Freenet offers this capability by
decentralizing the traded files and making users anonymous. But it remains
a highly technical undertaking for average users, and it makes searching
for files harder than it would be with other swapping services."
<< Home