California Judge dismisses RIAA case for misjoinder of defendants AND misjoinder of plaintiff record companies in SONY v. Does 1-5
We have learned of a California case, SONY v. Does 1-5, where the District Judge -- Hon. S. James Otero of the Central District of California -- not only dismissed as to Does 1-5, based upon the long line of cases which have held that the RIAA has no right to join the John Doe defendants in a single case since the claims are not based on the same "transaction. occurrence, or series of transactions or occurrences", but went on to rule that the plaintiff record companies were also improperly joined.
for the judges smart decicsion.
Legal news stories and other items of interest
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Rapidshare: We're going to appeal shut-down ruling
Rapidshare has announced that it is going to appeal a recent ruling of a German court that could have potentially forced the company to shut down its website. A Dusseldorf court ruled in January that Rapidshare has to block access to musical works from rights holders that are represented by the German music rights group Gema. The ruling included a mandate to "take measures that might have the risk of making Rapidshare's service substantially less attractive or even close it down completely."
Looks like this case is going to drag on a little longer then the cartel thought.
Rapidshare has announced that it is going to appeal a recent ruling of a German court that could have potentially forced the company to shut down its website. A Dusseldorf court ruled in January that Rapidshare has to block access to musical works from rights holders that are represented by the German music rights group Gema. The ruling included a mandate to "take measures that might have the risk of making Rapidshare's service substantially less attractive or even close it down completely."
Looks like this case is going to drag on a little longer then the cartel thought.
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MPA sues Google-backed Chinese firm for online movie piracy
The world's largest film studios are cracking down on Chinese movie piracy both online and off this month. The MPA, which represents studio interests outside the US, has filed suit against Xunlei Networking Technology Co. in China after the company allegedly made it easy for subscribers to download US films over the 'Net. The studios are looking for just under $1 million from the company, which is partly backed by Google, a figure that seems strangely low.
The world's largest film studios are cracking down on Chinese movie piracy both online and off this month. The MPA, which represents studio interests outside the US, has filed suit against Xunlei Networking Technology Co. in China after the company allegedly made it easy for subscribers to download US films over the 'Net. The studios are looking for just under $1 million from the company, which is partly backed by Google, a figure that seems strangely low.
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RIAA gets Does' names after school threatened with contempt
Hours after a federal court judge ordered Oklahoma State University to show cause why it shouldn't be held in contempt for failing to respond to an RIAA subpoena, attorneys for the school e-mailed a list of students' names to the RIAA's attorneys. But now that the RIAA has what it wanted, the group is unsure about how to go about sending out its prelitigation settlement letters. Some of the students are represented by an attorney, meaning that the RIAA is barred from contacting them directly.
Hours after a federal court judge ordered Oklahoma State University to show cause why it shouldn't be held in contempt for failing to respond to an RIAA subpoena, attorneys for the school e-mailed a list of students' names to the RIAA's attorneys. But now that the RIAA has what it wanted, the group is unsure about how to go about sending out its prelitigation settlement letters. Some of the students are represented by an attorney, meaning that the RIAA is barred from contacting them directly.
Much easier to give an iTunes gift voucher as a Christmas present than a free pass for Limewire.Tweens Prefer iTunes To P2P
By Bruce Houghton - Fri, 02/15/2008 - 11:49am.
We're not sure we believe it, but a new study by the NPD Group claims that purchasing music from Apple’s iTunes Store is more popular with tweens (kids 9-to 14) than "illegally" downloading music. The report says 70% of tweens now use legal services with iTunes grabbing 49%, Limewire still commands 26% and MySpace is used by 16%.
Its hard to explain or even imagine this shift particularly in with pre-credit card crowd. Are these tweens telling the truth on the survey or is it that their college age brothers and sisters just haven't introduced them to the finer points of Pirate Bay and BitTorrent yet?
I think that "mystery" is solved.
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War on music piracy
http://www.smh.com.au/news/technology/r ... 62778.htmlAS THE internet threatens to kill the established music industry, the (Australian) Rudd Government is considering a three-strikes policy against computer users who download songs illegally.
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"OK, life [as you chose to define it] repeats until there are no more lessons to be learned." - nrnoble (June 12, 2005)
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"OK, life [as you chose to define it] repeats until there are no more lessons to be learned." - nrnoble (June 12, 2005)
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Published: February 20, 2008
In a move that legal experts said could present a major test of First Amendment rights in the Internet era, a federal judge in San Francisco on Friday ordered the disabling of a Web site devoted to disclosing confidential information.Judge Shuts Down Web Site Specializing in Leaks
In a move that legal experts said could present a major test of First Amendment rights in the Internet era, a federal judge in San Francisco on Friday ordered the disabling of a Web site devoted to disclosing confidential information.Judge Shuts Down Web Site Specializing in Leaks
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I also think that a 99 cent itune carries with it the same mindset of when we used to buy 45s (those of us who are old that is) ....something quick to spend your allowance on ?battye wrote:Much easier to give an iTunes gift voucher as a Christmas present than a free pass for Limewire.Tweens Prefer iTunes To P2P
By Bruce Houghton - Fri, 02/15/2008 - 11:49am.
We're not sure we believe it, but a new study by the NPD Group claims that purchasing music from Apple’s iTunes Store is more popular with tweens (kids 9-to 14) than "illegally" downloading music. The report says 70% of tweens now use legal services with iTunes grabbing 49%, Limewire still commands 26% and MySpace is used by 16%.
Its hard to explain or even imagine this shift particularly in with pre-credit card crowd. Are these tweens telling the truth on the survey or is it that their college age brothers and sisters just haven't introduced them to the finer points of Pirate Bay and BitTorrent yet?
I think that "mystery" is solved.
If I can't dance, I don't want to be part of your revolution.
http://www.theregister.co.uk/2008/02/27 ... freetards/
Should P2P filesharers be paid for filesharing?
Should P2P filesharers be paid for filesharing?
Take that, pigopolists! A novel idea has been proposed to take the fight to the RIAA and the BPI. Since P2P filesharing has a discovery element which permits people to discover new music at no cost - why shouldn't filesharers be compensated for filesharing?
The idea was floated on the Open Rights Group discussion list earlier this month.
"Studies point to filesharing as a driver for *increased* music sales (among the heaviest downloaders). Possibly filesharers should start trying to recover promotional costs from the music industry?" asked anti-copyright campaigner Rob Myers.
CricketMX.com in 2022: Still the home of bat's, rat's and other farmyard animals!
"OK, life [as you chose to define it] repeats until there are no more lessons to be learned." - nrnoble (June 12, 2005)
"the new forum looks awesome, it's getting bigger & better" - p2p-sharing-rules (11 Jan, 2008)
"Looks like CMX is not only getting bigger...but, also getting better!!" - moongirl (14 Dec, 2007)
"OK, life [as you chose to define it] repeats until there are no more lessons to be learned." - nrnoble (June 12, 2005)
"the new forum looks awesome, it's getting bigger & better" - p2p-sharing-rules (11 Jan, 2008)
"Looks like CMX is not only getting bigger...but, also getting better!!" - moongirl (14 Dec, 2007)
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i knew i wasn't getting paid what i deserved!!!
If I can't dance, I don't want to be part of your revolution.
P2P on the iPhone
http://blogs.inquirer.net/m-ph/2008/03/ ... he-iphone/
http://blogs.inquirer.net/m-ph/2008/03/ ... he-iphone/
This is a huge step forward for iPhone usersBased on the torrent app Transmission for the Mac, P2P file sharing can now be done using the premiere mobile phone from Apple. Unfortunately, while the prospects of having a portable P2P client are indeed exciting, this is not yet the promised land for mobile file sharing. For starters, installation isn’t as simple as running installer.app and it uses a command-line interface. Data communication is also limited to Wifi which, in a way, makes sense since its faster and more stable but the option to go EDGE would have been nice.
CricketMX.com in 2022: Still the home of bat's, rat's and other farmyard animals!
"OK, life [as you chose to define it] repeats until there are no more lessons to be learned." - nrnoble (June 12, 2005)
"the new forum looks awesome, it's getting bigger & better" - p2p-sharing-rules (11 Jan, 2008)
"Looks like CMX is not only getting bigger...but, also getting better!!" - moongirl (14 Dec, 2007)
"OK, life [as you chose to define it] repeats until there are no more lessons to be learned." - nrnoble (June 12, 2005)
"the new forum looks awesome, it's getting bigger & better" - p2p-sharing-rules (11 Jan, 2008)
"Looks like CMX is not only getting bigger...but, also getting better!!" - moongirl (14 Dec, 2007)
US Students to get legal P2P
Certainly an interesting initiative.
http://www.theregister.co.uk/2008/03/28 ... _p2p_deal/US colleges and their alumni may be offered the right to P2P file-sharing under one of the most radical copyright reforms in a hundred years, The Register has learned.
The amnesty would be part of a "covenant not to sue", covered by a collective licence that offers the right to exchange major label repertory over a participating college's campus network. Rights holders would be compensated from a pot of money drawn from students' tuition fees.
Certainly an interesting initiative.
CricketMX.com in 2022: Still the home of bat's, rat's and other farmyard animals!
"OK, life [as you chose to define it] repeats until there are no more lessons to be learned." - nrnoble (June 12, 2005)
"the new forum looks awesome, it's getting bigger & better" - p2p-sharing-rules (11 Jan, 2008)
"Looks like CMX is not only getting bigger...but, also getting better!!" - moongirl (14 Dec, 2007)
"OK, life [as you chose to define it] repeats until there are no more lessons to be learned." - nrnoble (June 12, 2005)
"the new forum looks awesome, it's getting bigger & better" - p2p-sharing-rules (11 Jan, 2008)
"Looks like CMX is not only getting bigger...but, also getting better!!" - moongirl (14 Dec, 2007)
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If I can't dance, I don't want to be part of your revolution.
http://www.zeropaid.com/news/9391/Europ ... onnectionsEuropean Amendment to Stop P2P Disconnections
posted by DrewWilson in file sharing // 2 days 16 hours 54 minutes ago
There were tense moments in Europe regarding ISPs disconnecting users for filesharing. Now, making a three strike and your out rule mandatory throughout Europe was recently struck down and replaced with an amendment that could bar ISPs from disconnecting p2p users from the internet.
I talked about a 3 strike policy for P2P in Australia not too long ago: http://www.cricketmx.com/articles/read/ ... ke-policy/
CricketMX.com in 2022: Still the home of bat's, rat's and other farmyard animals!
"OK, life [as you chose to define it] repeats until there are no more lessons to be learned." - nrnoble (June 12, 2005)
"the new forum looks awesome, it's getting bigger & better" - p2p-sharing-rules (11 Jan, 2008)
"Looks like CMX is not only getting bigger...but, also getting better!!" - moongirl (14 Dec, 2007)
"OK, life [as you chose to define it] repeats until there are no more lessons to be learned." - nrnoble (June 12, 2005)
"the new forum looks awesome, it's getting bigger & better" - p2p-sharing-rules (11 Jan, 2008)
"Looks like CMX is not only getting bigger...but, also getting better!!" - moongirl (14 Dec, 2007)
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Harvard law professor challenges constitutionality of U.S. Digital Theft Deterrence and Copyright Damages Improvement Act of 1999.
http://www.schneier.com/blog/archives/2 ... its_m.html
The law prof's argument is that the law provides strictly punitive (and thus criminal) penalties for violations that are purely civil.
http://www.schneier.com/blog/archives/2 ... its_m.html
The law prof's argument is that the law provides strictly punitive (and thus criminal) penalties for violations that are purely civil.
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