RIAA lobbyist becomes federal judge, rules on file-sharing cases

Found on Ars Technica on Monday, 28 March 2011
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Judges in Texas, West Virginia, and Illinois had all ruled recently that such lawsuits were defective in various ways, but Howell gave her cases the green light; attorneys could use the federal courts to sue thousands of people at once and then issue mass subpoenas to Internet providers.

Between 2004-2009, Howell was the only listed lobbyist at the firm; the RIAA was her exclusive lobbying client for most of that time.

Howell's case is only one specific example of a much larger issue, one that always revolves around people working for corporations, entering government to make law or policy relating to those corporations, and then returning to private life.

Such people should never be allowed to work in a government position at all. it is so obvious that they are under no circumstance unbiased and will continue to support their previous corporate employer. Especially when it comes to legal issues this is just worrisome.

Judge to music industry: 'Worth trillions? Forget it'

Found on The Register on Wednesday, 23 March 2011
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Judge Kimba Wood has handed down an opinion in the LimeWire damages case that challenges the industry's belief it could be owed more than the entire global GDP for one year.

Judge Kimba Wood revealed that the record companies, seeking statutory damages against the music-sharing service, are seeking damages predicated on the "number of direct infringers per work" - leading to a damages claim of as much as $75 trillion dollars.

Hello entertainment industry, this is why the world hates you. Well, there are many more reasons, but this is a great example for greed.

Judge Lets Sony Unmask Visitors to PS3-Jailbreaking Site

Found on Wired on Friday, 04 March 2011
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A federal magistrate is granting Sony the right to acquire the internet IP addresses of anybody who has visited PlayStation 3 hacker George Hotz's website from January of 2009 to the present.

A YouTube subpoena, also approved, seeks information connected to the "geohot" account that displayed a video of the hack being used: "Jailbroken PS3 3.55 with Homebrew." The subpoena demands data to identify who watched the video and "documents reproducing all records or usernames and IP addresses that have posted or published comments in response to the video."

Sony has threatened to sue anybody who posts the hacking tools or the encryption key. It is seeking unspecified damages from Hotz.

That already worked so well with DeCSS. Sony needs to realize that once the information is out, it's out. Despite what ridiculous laws like the DMCA may say, I still believe that you should be allowed to do whatever you want with whatever you bought. With all those actions, Sony will stay on my "do not buy" list for a long time.

ICE Arrests Operator Of Seized Domain

Found on Techdirt on Thursday, 03 March 2011
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ICE has now arrested someone and charged him with criminal copyright infringement, such that he's now facing five years in jail (as well as fines). This is interesting, because when that domain was seized, we had noted that channelsurfing did not appear to host any content itself, but merely embedded content from other sites.

There's simply no such thing as criminal contributory infringement, so if that's the claim, then it would appear that ICE (yet again) is simply making up what it wants the law to be, rather than what the law actually says.

He just embedded the content, which was still streamed from the original sites, so I don't really see much of a copyright violation here.

WikiLeaks: Bradley Manning faces 22 new charges

Found on CBS News on Wednesday, 02 March 2011
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CBS News national security correspondent David Martin reports that the new charges for the first time formally accuse Manning of aiding the enemy.

The charge of aiding the enemy under the Uniform Code of Military Justice is a capital offense, but the Army's prosecution team has notified the Manning defense team that it will not recommend the death penalty to the two-star general who is in charge of proceeding with legal action.

Who exactly is the enemy? The rest of the world, outside of the military network? Despite constant claims from angry politicians, nothing bad has happened which is directly related to the leaked documents.

File-Sharer Can't Believe His Luck With $7 Per Track Fine

Found on TorrentFreak on Sunday, 20 February 2011
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Last week a Swedish court held a file-sharing copyright infringement case of their own against a 26 year-old man. In 2010 he had been tracked by the IFPI sharing 44 music tracks on the Internet - 20 more than the 24 shared by Thomas-Rasset and 13 more than the 31 shared by Tenenbaum.

While Thomas-Rasset and Tenenbaum currently face damages of $62,500 and $2,177 per track respectively, the outcome for the Swedish 26 year-old is somewhat more realistic. Although the judge had originally requested an amount equivalent to around $45 per track, in the end that amount was reduced to just $7.

Now prepare to hear the music industry whine about Sweden not having any respect for hard working artists and its refusal to hand out a punishment less dramatic than the ones in the US.

Somali pirate sentenced to 33 years in US prison

Found on BBC News on Tuesday, 15 February 2011
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In federal court in New York, prosecutors had portrayed Muse as a ringleader of the pirate gang who seized the Maersk Alabama some 450km (280 miles) off the coast of Somalia.

Muse pleaded guilty in May to what were said to be the first piracy charges to have been brought in the US in more than a century.

Compared to a life in Somalia, the US prison is quite a good alternative. You don't need to worry about food and you're not going to be shot by accident.

Critics slam feds for 'unprecedented' domain seizure

Found on The Register on Sunday, 06 February 2011
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The latest installment of Operation in our Sites came last week with the seizure of 10 addresses for websites accused of illegally streaming live pay-per-view sporting events. Under the initiative, feds confiscate the internet addresses with no prior warning to the owners, many of whom are located outside US borders.

Owners get no opportunity to argue on behalf of their website until after the domain name is seized. At least 92 domains have been seized under the operation so far.

It's only illegal if you're not the government.

French "3-Strikes" to Disconnect Users of Illegal Streaming Sites?

Found on Zeropaid on Monday, 31 January 2011
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The first letters, or strikes, we're sent out last October, and a study has shown that only 4% were to quit.

Now Toubon is making the graduated response system seem even more ridiculous by claiming that the the 'Creation and Internet' law also covers illegal streaming and that users of these sites will be targeted just like users of illegal P2P applications and services.

It's amazing that he even thinks that users of illegal streaming sites could be monitored.

Sounds like a try to introduce the complete monitoring of all online activity. At least they didn't pull the "protect the children" card; well, for now. But as long as Nicolas Sarkozy is in bed with Carla Bruni, who is in the music business, the media industry will have it easy in France.

Big Brother on the Internet?

Found on CNet News on Friday, 28 January 2011
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Criminal investigations "are being frustrated" because no law currently exists to force Internet providers to keep track of what their customers are doing, the U.S. Department of Justice told Congress.

"The problem of investigations being stymied by a lack of data retention is growing worse."

A long data retention won't really help police much; criminals will simply hide better (than most already do) and it will tempt the government to snoop on its citizens online behaviour.