Google in Tussle for Digital Rights
A Belgian ruling sets the stage for a battle between publishers and the search giant over who sets the rules for posting copyrighted content
Google's news search has been grabbing lots of headlines of late, but for all the wrong reasons. In early September, a Belgian court ruled that the search giant could not reproduce certain copyrighted titles and summaries on its Belgian Google News or Google.be Web site, throwing into question the entire concept of online news aggregation, and even search indexing.
Business Week
Google digital rights case
Legal news stories and other items of interest
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p2p-sharing-rules
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The fog of GPLv3...
There has been a fair [bit of] public disagreement between some of the Linux kernel developers and the community working on the version 3 upgrade of the GNU projects General Public License (GPLv3).
Digital Copyright Canada
FSF rebuts anti-GPLv3 claims
The fog of copyleft
There has been a fair [bit of] public disagreement between some of the Linux kernel developers and the community working on the version 3 upgrade of the GNU projects General Public License (GPLv3).
Digital Copyright Canada
FSF rebuts anti-GPLv3 claims
The fog of copyleft
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p2p-sharing-rules
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Double Billing Private Copiers
As the Copyright Board's hearings on music publishers' proposed "Online Music Services" tariff wrapped up, Michael Geist flagged an interesting sub-issue involving CRIA's stance on private copying. Well, CRIA isn't the only group trying to suck and blow at the same time. Check out what music publishers have to say about the future of Canada's private copying levy.
jeremydebeer
As the Copyright Board's hearings on music publishers' proposed "Online Music Services" tariff wrapped up, Michael Geist flagged an interesting sub-issue involving CRIA's stance on private copying. Well, CRIA isn't the only group trying to suck and blow at the same time. Check out what music publishers have to say about the future of Canada's private copying levy.
jeremydebeer
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p2p-sharing-rules
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Brein Scares a Couple More P2P Hobbyists
The Dutch Anti-Piracy organization BREIN has successfully “taken downâ€
The Dutch Anti-Piracy organization BREIN has successfully “taken downâ€
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Lightning destroys evidence in Swedish file sharing case
Swedish authorities have dropped the charges they brought against the Karlskrona (Sweden) municipality head of culture, who last year openly admitted to file sharing and encouraged others to follow. The decision suggests a divine judgment on the thorny issue of file-sharing - his computer was struck by lightning and cannot be examined.
The Register
Swedish authorities have dropped the charges they brought against the Karlskrona (Sweden) municipality head of culture, who last year openly admitted to file sharing and encouraged others to follow. The decision suggests a divine judgment on the thorny issue of file-sharing - his computer was struck by lightning and cannot be examined.
The Register
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pokesthelippyfish
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lol i love it
more to the point would have been the comps that held his charges etc though
more to the point would have been the comps that held his charges etc though
If I can't dance, I don't want to be part of your revolution.
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Quebec court approves Sony music CD settlement
A Quebec court on Wednesday approved a class action lawsuit settlement over Sony music CDs that installed software on computers without authorization.
The settlement relates to music CDs sold by Sony BMG (Canada) Inc. that included anti-copying software that would be secretly installed on a computer when it was inserted in a CD drive.
The software made it possible for a computer to be hijacked by an attacker or susceptible to a computer virus.
The Quebec Superior Court's approval of the settlement follows a similar ratification by the Ontario Superior Court on Sept. 21.
The software in question was added to Sony music CDs made or sold in Canada over the last three years.
Details of the settlement and eligibility are available at Sony BMG's Canadian website.
CBC
A Quebec court on Wednesday approved a class action lawsuit settlement over Sony music CDs that installed software on computers without authorization.
The settlement relates to music CDs sold by Sony BMG (Canada) Inc. that included anti-copying software that would be secretly installed on a computer when it was inserted in a CD drive.
The software made it possible for a computer to be hijacked by an attacker or susceptible to a computer virus.
The Quebec Superior Court's approval of the settlement follows a similar ratification by the Ontario Superior Court on Sept. 21.
The software in question was added to Sony music CDs made or sold in Canada over the last three years.
Details of the settlement and eligibility are available at Sony BMG's Canadian website.
CBC
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p2p-sharing-rules
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RIAA Drops Wilke Case in Chicago
We have just learned that the RIAA has dropped the Wilke case in Chicago.
Stipulation of Dismissal with Prejudice*
This is the case in which Mr. Wilke moved for summary judgment, stating that:
1. He is not "Paule Wilke" which is the name he was sued under.
2. He has never possessed on his computer any of the songs listed in exhibit A [the list of songs the RIAA's investigator downloaded] He only had a few of the songs from exhibit B [the screenshot] on his computer, and those were from legally purchased CD's owned by Mr. Wilke.
3. He has never used any "online media distribution system" to download, distribute, or make available for distribution, any of plaintiffs' copyrighted recordings.
The RIAA's initial response to the summary judgment motion, prior to the dismissal, had been to cross-move for discovery, indicating that it did not have enough evidence with which to defeat Mr. Wilke's summary judgment motion.
Mr. Wilke was represented by Saper Law Offices of Chicago, Illinois.
In response to our question as to whether any money had changed hands in connection with the settlement, Mr. Wilke's attorneys responded: "Plaintiffs, the RIAA, and SBC worked cooperatively and amicably to resolve this dispute."
recordingindustryvspeople
We have just learned that the RIAA has dropped the Wilke case in Chicago.
Stipulation of Dismissal with Prejudice*
This is the case in which Mr. Wilke moved for summary judgment, stating that:
1. He is not "Paule Wilke" which is the name he was sued under.
2. He has never possessed on his computer any of the songs listed in exhibit A [the list of songs the RIAA's investigator downloaded] He only had a few of the songs from exhibit B [the screenshot] on his computer, and those were from legally purchased CD's owned by Mr. Wilke.
3. He has never used any "online media distribution system" to download, distribute, or make available for distribution, any of plaintiffs' copyrighted recordings.
The RIAA's initial response to the summary judgment motion, prior to the dismissal, had been to cross-move for discovery, indicating that it did not have enough evidence with which to defeat Mr. Wilke's summary judgment motion.
Mr. Wilke was represented by Saper Law Offices of Chicago, Illinois.
In response to our question as to whether any money had changed hands in connection with the settlement, Mr. Wilke's attorneys responded: "Plaintiffs, the RIAA, and SBC worked cooperatively and amicably to resolve this dispute."
recordingindustryvspeople
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p2p-sharing-rules
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Big Music ramps up anti-p2p war
p2pnet.net News:- According to the BBC, "The music industry has been hard-hit by illegal downloading."
That is, of course, complete rubbish. But the mainstream media parrot it as a statement of fact just as though it was reliable information from credible sources
Now, "More than 8,000 alleged file sharers are facing legal action, according to the International Federation of the Phonographic Industry (IFPI)," says the BBC, and, "It forms part of the ongoing battle by the recording industry to put an end to illegal downloading.
The latest attack takes in 17 different countries who have been allegedly using sites including BitTorrent, eDonkey, SoulSeek and WinMX, according to the IFPI, owned and controlled by EMI, Warner Music, Vivendi Universal and Sony BMG.
And for the first time Brazil, Mexico and Poland are included in the bizarre war the Big Four are waging against their own customers.
"Parents whose children have been illegally file-sharing have also been targeted," says the story.
What else is new? And they're being targetted in more ways than one. The IFPI is also expecting moms and dads to print out a cartel-supplied pledge it calls a "special internet use 'Family Agreement' certificate" which, "the family has agreed in relation to safety and responsible use in the home".
Meanwhile, "Critics of the IFPI's policy argue that the music industry is targetting its natural audience and that the real causes of CD sales declining are DVD sales, computer games sales and pricing," adds the BBC, almost as a footnote.
p2pnet
IFPI Launches New Round of Legal Actions
Recording industry launches fresh wave of actions against illegal file-sharing
File sharers facing legal action
p2pnet.net News:- According to the BBC, "The music industry has been hard-hit by illegal downloading."
That is, of course, complete rubbish. But the mainstream media parrot it as a statement of fact just as though it was reliable information from credible sources
Now, "More than 8,000 alleged file sharers are facing legal action, according to the International Federation of the Phonographic Industry (IFPI)," says the BBC, and, "It forms part of the ongoing battle by the recording industry to put an end to illegal downloading.
The latest attack takes in 17 different countries who have been allegedly using sites including BitTorrent, eDonkey, SoulSeek and WinMX, according to the IFPI, owned and controlled by EMI, Warner Music, Vivendi Universal and Sony BMG.
And for the first time Brazil, Mexico and Poland are included in the bizarre war the Big Four are waging against their own customers.
"Parents whose children have been illegally file-sharing have also been targeted," says the story.
What else is new? And they're being targetted in more ways than one. The IFPI is also expecting moms and dads to print out a cartel-supplied pledge it calls a "special internet use 'Family Agreement' certificate" which, "the family has agreed in relation to safety and responsible use in the home".
Meanwhile, "Critics of the IFPI's policy argue that the music industry is targetting its natural audience and that the real causes of CD sales declining are DVD sales, computer games sales and pricing," adds the BBC, almost as a footnote.
p2pnet
IFPI Launches New Round of Legal Actions
Recording industry launches fresh wave of actions against illegal file-sharing
File sharers facing legal action
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NEW YORK (Reuters) - Universal Music Group said on Tuesday it filed lawsuits against online video sharing sites Grouper and Bolt.com for allowing users to swap pirated versions of its musicians' videos.
Yahoo News
Yahoo News
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Channel News Asia]25 new cases of illegal music file-sharing handed over to police
The Recording Industry Association of Singapore (RIAS) has found 25 new cases of illegal music file-sharing and downloading.
The Recording Industry Association of Singapore (RIAS) has found 25 new cases of illegal music file-sharing and downloading.
Last edited by p2p-sharing-rules on Tue Oct 17, 2006 8:53 pm, edited 1 time in total.
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LimeWire vs RIAA for 2008?
p2pnet.net News:- It doesn't look as if the LimeWire / RIAA case will go for trial much before 2008.
A case management order has been signed in Arista v Lime Wire, says Recording Industry vs The People.
Next summer - July 13, 2007, to be precise - has been fixed as the closing date for discovery, and October 10, 2007, as the day for final briefs in connection with summary judgment motions.
The company is countersuing the RIAA in a case which, when it's resolved, will have a major impact on future cases involving the corporate music industry as it tries to use the law to beat down actual and perceived competition.
p2pnet
A case management order has been signed in Arista v. Lime Wire.
The court fixed July 13, 2007, as the closing date for discovery, and October 10, 2007, as the day for final briefs in connection with summary judgment motions.
October 16, 2006, Case Management Order
recordingindustryvspeople.blogspot.com
p2pnet.net News:- It doesn't look as if the LimeWire / RIAA case will go for trial much before 2008.
A case management order has been signed in Arista v Lime Wire, says Recording Industry vs The People.
Next summer - July 13, 2007, to be precise - has been fixed as the closing date for discovery, and October 10, 2007, as the day for final briefs in connection with summary judgment motions.
The company is countersuing the RIAA in a case which, when it's resolved, will have a major impact on future cases involving the corporate music industry as it tries to use the law to beat down actual and perceived competition.
p2pnet
A case management order has been signed in Arista v. Lime Wire.
The court fixed July 13, 2007, as the closing date for discovery, and October 10, 2007, as the day for final briefs in connection with summary judgment motions.
October 16, 2006, Case Management Order
recordingindustryvspeople.blogspot.com
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p2p-sharing-rules
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RIAA sues multiple sclerosis Mum
One of the Big Four Organized Music cartel's latest victims is a New York mother suffering from multiple sclerosis.
She's having trouble just getting from place to another but nonetheless, she's another of those wicked file sharers who are "devastating" the multi-billion-dollars Big Four, they claim.
p2pnet
One of the Big Four Organized Music cartel's latest victims is a New York mother suffering from multiple sclerosis.
She's having trouble just getting from place to another but nonetheless, she's another of those wicked file sharers who are "devastating" the multi-billion-dollars Big Four, they claim.
p2pnet
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p2p-sharing-rules
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Judge Grants Marie Lindor's Motion to Amend Answer to Add Affirmative Defense of Unconstitutionality of Damages
In UMG v. Lindor, Judge Trager has granted Ms. Lindor's motion to add a defense based on the unconstitutionality of the $750-per-song damages sought by plaintiffs. He rejected the RIAA's arguments that the defense was without merit, that the motion was untimely, that the amendment would prejudice the RIAA, or that Ms. Lindor was required to send a notice to the United States Department of Justice of her defense of unconstitutionality.
Judge Trager ruled:
[P]laintiffs can cite to no case foreclosing the applicability of the due process clause to the aggregation of minimum statutory damages proscribed under the Copyright Act. On the other hand, Lindor cites to case law and to law review articles suggesting that, in a proper case, a court may extend its current due process jurisprudence prohibiting grossly excessive punitive jury awards to prohibit the award of statutory damages mandated under the Copyright Act if they are grossly in excess of the actual damages suffered.....Furthermore, Lindor provides a sworn affidavit asserting that plaintiffs' actual damages are 70 cents per recording and that plaintiffs seek statutory damages under the Copyright Act that are 1,071 times the actual damages suffered. Aff. of Morlan Ty Rogers, ("Rogers Aff.", [pars.]5, 6. See also Aff. of Aram Sinnreich, ("Sinnreich Aff."), [par.] 2, 3 (attesting that popular music sound recording downloads and consumer license to use same are lawfully obtainable to the public at 99 cents per song, and of that 99 cents, roughly 70 cents per song is paid by the retailer to the record label). As FRCP Rule 12(b)(6) requires that this figure be taken as true for purposes of the motion, Lindor has alleged a factual basis supporting her affirmative defense."
Pursuant to an earlier decision of Magistrate Judge Levy, plaintiffs are now required to produce "all relevant documents" to Ms. Lindor's attorney, and then to make a deposition witness available by telephone deposition, on the subject of the plaintiffs' wholesale sales price of downloads.
recordingindustryvspeople.blogspot.com
Check out the above link to read the legal documents related to this case in .pdf.
In UMG v. Lindor, Judge Trager has granted Ms. Lindor's motion to add a defense based on the unconstitutionality of the $750-per-song damages sought by plaintiffs. He rejected the RIAA's arguments that the defense was without merit, that the motion was untimely, that the amendment would prejudice the RIAA, or that Ms. Lindor was required to send a notice to the United States Department of Justice of her defense of unconstitutionality.
Judge Trager ruled:
[P]laintiffs can cite to no case foreclosing the applicability of the due process clause to the aggregation of minimum statutory damages proscribed under the Copyright Act. On the other hand, Lindor cites to case law and to law review articles suggesting that, in a proper case, a court may extend its current due process jurisprudence prohibiting grossly excessive punitive jury awards to prohibit the award of statutory damages mandated under the Copyright Act if they are grossly in excess of the actual damages suffered.....Furthermore, Lindor provides a sworn affidavit asserting that plaintiffs' actual damages are 70 cents per recording and that plaintiffs seek statutory damages under the Copyright Act that are 1,071 times the actual damages suffered. Aff. of Morlan Ty Rogers, ("Rogers Aff.", [pars.]5, 6. See also Aff. of Aram Sinnreich, ("Sinnreich Aff."), [par.] 2, 3 (attesting that popular music sound recording downloads and consumer license to use same are lawfully obtainable to the public at 99 cents per song, and of that 99 cents, roughly 70 cents per song is paid by the retailer to the record label). As FRCP Rule 12(b)(6) requires that this figure be taken as true for purposes of the motion, Lindor has alleged a factual basis supporting her affirmative defense."
Pursuant to an earlier decision of Magistrate Judge Levy, plaintiffs are now required to produce "all relevant documents" to Ms. Lindor's attorney, and then to make a deposition witness available by telephone deposition, on the subject of the plaintiffs' wholesale sales price of downloads.
recordingindustryvspeople.blogspot.com
Check out the above link to read the legal documents related to this case in .pdf.
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Santangelo lawyer speaks out
When Jordan Glass agreed to defend Big Four Organized Music victim Patti Santangelo, he said he'd stay on to the end, and now he's also acting for two of her children, Michelle and Robert, who've also become Big Four targets. "Heaping garbage on people and then calling them dirty: is that the type of country in which you wish to live?" he asks, because, "That's what this case is really about."
p2pnet
When Jordan Glass agreed to defend Big Four Organized Music victim Patti Santangelo, he said he'd stay on to the end, and now he's also acting for two of her children, Michelle and Robert, who've also become Big Four targets. "Heaping garbage on people and then calling them dirty: is that the type of country in which you wish to live?" he asks, because, "That's what this case is really about."
p2pnet