Musicians protest about plans to punish file sharers

Found on The Guardian on Thursday, 03 September 2009
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Thousands of music videos pulled from YouTube in a royalties dispute will go back online after peace broke out today between the website and the music industry.

A rift has opened between music's creators and its record labels, with a broad alliance of musicians, songwriters and producers fiercely criticising the business secretary Lord Mandelson's plans to cut off the broadband connections of internet users who illegally download music.

But they did all that for the musicians. Could they have *gasp* lied?

Court of Appeal Convicts File-Sharer

Found on FreakBits on Sunday, 16 August 2009
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The punishment stands at 3,000 euros for sharing more than 150 albums.

The man from Finland was earlier accused of sharing music files totaling 768Mb on the Internet - around 164 albums. A search of his computer turned up 1,850 tracks which had been downloaded from unauthorized sources.

That's Finland for you. In the US, he would have ended up with $148 million - remember that Jammie Thomas was ordered to pay $1.92 million for making only 24 songs available; that's an impressive $80,000 per song. The finnish court went down a bit there, settling at $2.30 per song, which seems by far more reasonable in times of $0.99 songs. Such a ruling in the US would make it pointless for the industry to sue consumers and force it to think about a new business model.

Studios want copyright justice 'streamlined'

Found on Stuff.co.nz on Thursday, 13 August 2009
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"The concern is that we send out 1000 infringement notices, and then someone says, 'The way to stall this is let's all go to arbitration', and a year later we could still be going through that same process."

"Do we get to the point where we have 1000 cases to be heard by the Copyright Tribunal? If everyone brings their lawyer, we will only do five in a day."

Ms Holloway-Smith says it is vital that independent experts make the decision over whether copyright has been infringed, and that people have the right to defend themselves in person. "Otherwise you risk innocent people being punished."

Sorry, but no, you guys will not have the right to punish people without them having the chance to fight back. Especially since the methods are far away from perfect, otherwise there wouldn't be lawsuits against dead people or persons who don't even own a computer. Poking a wasp's nest will get you stings. A lot of them.

IT grad sues school over failed job hunt

Found on The Register on Tuesday, 04 August 2009
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Trina Thompson, 27, graduated in April from Monroe College in the Bronx, New York with a bachelor's degree in IT. That lofty educational achievement hasn't yet helped her land a job, and so she's suing the college for reimbursement of her tuition - $70,000 - plus an additional $2,000 "for the stress I have been going through looking for a full-time job on my own," according to court documents.

The New York Post quotes the aspiring admin as saying about her former school, "They have not tried hard enough to help me."

That's another way of making money. But really, blaming your school because you've failed to get a job is pretty creative.

Amazon sued for sending 1984 down Orwellian memory hole

Found on The Register on Thursday, 30 July 2009
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A seventeen-year-old high school senior has sued Amazon for vanishing George Orwell's 1984 from his Kindle ebook reader - and removing his personal annotations in the process.

Amazon's terms of service say that books are licensed not sold. But as the suit point out, they also say that users have the right to keep a "permanent copy" of purchased books and to "view, use, and display such Digital Content an unlimited number of times." And the terms fail to explain that Amazon has the technical power or the right to remove content from personal devices.

That's what you get if you try to control your customers in every aspect.

Student files suit after coach distributed private Facebook content

Found on Student Press Law Center on Monday, 27 July 2009
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A Mississippi high school student is suing her school district after a teacher logged into the student's social networking account and distributed information that embarrassed her and led to her removal from the team.

On Sept. 10, 2007, Pearl High School cheerleading coach Tommie Hill required each member of the cheerleading squad to reveal the passwords to their Facebook accounts, according to the suit.

According to the suit, the officials "reprimanded, punished, and humiliated" Jackson for an exchange of profanity-laced messages between Jackson and the cheerleading captain in which Jackson asked the student to "stop harassing" several of the cheerleaders.

The coach Tommie Hill should be removed immediately. There is simply no reason for him to demand password and snoop through private messages. Looking for drug/smoking photos isn't an excuse at all; the current sitation proves that Hill would have possibly mailed such photos around too. Of course one could assume that he was looking for some more "interesting" photos; after all, it was the cheerleader team he demanded the passwords from.

Automated Legal Threats Turn Piracy Into Profit

Found on TorrentFreak on Sunday, 28 June 2009
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Piracy watchdog Nexicon has found the ultimate way to turn piracy into profit for the fresh copyright holders added to their clientele. They offer alleged file-sharers the chance to settle for $10 per downloaded song or an equal amount for a pirated movie. If you decide not to settle, they promise to bankrupt you in court.

The company has a history as a cigarette retailer but went on to hunt pirates after they were sued for selling smokes to minors and failing to report their sales to the tax office.

The emails sent out by Nexicon to alleged infringers contain veiled threats of legal action if they don't choose to settle within 10 days.

However, because of these low fees and the use of threatening language we cannot help mentioning the word 'extortion' once more.

To the best of our knowledge they don't even have a proper license to act as private investigators which is a felony in several US states and renders the 'evidence' they have in their spreadsheets useless.

So, they won't do anything, just bark. It would be fun to see some lawyer sueing them for extortion and unlicensed investigation.

How To Save The Newspapers, Vol. XII: Outlaw Linking

Found on TechCrunch on Saturday, 27 June 2009
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Posner is a United States Court of Appeals judge in Chicago and legal scholar who was once considered a potential Supreme Court nominee.

He wants to "bar linking" to newspaper articles or any copyrighted material without the "copyright holder's consent." I am sorry Judge Posner, but I don't need to ask your permission to link to your blog post or to a newspaper article online. That is just the way the Web works. If newspapers don't like it, they don't need to be on the Web.

Where does Judge Posner think all of these newspaper sites get their readers? It is mostly through links, not direct traffic. Removing the links would obliterate the majority of the online readership for many newspapers.

No problem, no problem. If a newspaper has a problem with links, it just needs to say so and the whole Internet will happily remove any link pointing to it, effectively killing it. Not to mention the rest of the world will not allow said newspaper to use their sources. Double-kill. Sorry Posner, but have you ever heard about the Internet before? Or even used it? Not to mention that everybody outside the US will not give a damn about a law that prohibits sites inside the states from linking.

Court Orders Rapidshare To Proactively Filter Content

Found on TorrentFreak on Tuesday, 23 June 2009
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The Regional Court in Hamburg, Germany, has ruled that file-hosting service Rapidshare must proactively filter certain content. Music industry outfit GEMA asked the court to ban Rapidshare from making 5,000 tracks from its catalogue available on the Internet.

"The decision of the Hamburg Regional Court is a milestone in GEMA's fight against the illegal use of musical works on the Internet," said Dr. Harald Heker, Chief Executive Officer of GEMA.

I laughed when I read this. Harald Heker will have a great day when he realizes that many albums are uploaded in encrypted, randomly named archives. Even if they spot one of those, a different passwords makes the hash useless. They may call this a victory, but it just shows how hard they fail at the basics. And no Mr Heker, I don't download your music. Those mainstream "creative works" aren't even worth the download.

Court orders Jammie Thomas to pay RIAA $1.92 million

Found on CNet News on Wednesday, 17 June 2009
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In a surprise decision, the jury imposed damages against Thomas-Rasset at a whopping $80,000 for each of the 24 songs she was accused of stealing.

In 2007, the Recording Industry Association of America claimed in a lawsuit that Thomas-Rasset pilfered 1,700 songs. The RIAA eventually culled that number down to a representative sample of 24.

Talk about excessive. 24 songs, which you can get for $1 each at any online music store are suddenly worth $80,000 per piece. That suggests that every song was uploaded 80,000 times, 1.92 million times in total. If one assumes 5MB per mp3, that'd be more than 9TB to upload. Considering that many US ISP's cap users for reaching fractions of that, there's some serious doubt about how correct the numbers are. Especially since the RIAA had no way to determine the real upload stats; so they just came up with fabricated ones. Putting all that aside: the industry won't get a single dollar. Do they really think she could pay that much?