Cleveland copyright cops commit copyright crime

Found on The Inquirer on Tuesday, 23 September 2008
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The police force responsible for busting a ring of illegal music downloaders which went by the name of OINK (now that's just begging for trouble) is in danger of being hauled before the beak for copyright theft itself.

The PRS says that only 11 of the 43 UK forces have paid for the right to play music in canteens and social areas at nicks up and down the country.

"We continue to assess the position and are seeking advice to determine if we are required by law to spend a significant amount of public money, which we consider is better committed to crime fighting, in this way."

Oh,I didn't know it was ok for the police to ignore laws and fines because they think they have better use for the money.

EFF files another lawsuit over US internal spying

Found on The Inquirer on Thursday, 18 September 2008
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US president George Bush and Vice President Dick Cheney head up the list of federal officials named in a lawsuit filed Thursday by the Electronic Frontier Foundation (EFF) over the government's continuing warrantless wiretapping of citizens' phone and Internet traffic.

EFF senior staff lawyer Kevin Bankston said, "In addition to suing AT&T, we've now opened a second front in the battle to stop the NSA's illegal surveillance of millions of ordinary Americans and hold personally responsible those who authorized or participated in the spying program."

Hopefully this will have permanent consequences because it might as well happen that everybody agrees not to do it again, but then does it in an even more secret way. That's what the spy business is all about: get information without anybody noticing.

Massive Takedown of Anti-Scientology Videos on YouTube

Found on Electronic Frontier Foundation on Sunday, 07 September 2008
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Over a period of twelve hours, between this Thursday night and Friday morning, American Rights Counsel LLC sent out over 4000 DMCA takedown notices to YouTube, all making copyright infringement claims against videos with content critical of the Church of Scientology.

Whether or not American Rights Counsel, LLC represents the notoriously litigious Church of Scientology is unclear, but this would not be the first time that the Church of Scientology has used the DMCA to silence Scientology critics.

"You will find no recourse in attack, because for each of us that falls, ten more will take his place."

FBI Arrests Alleged California Music Pirate

Found on Wired on Wednesday, 27 August 2008
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There's been a lot of debate on Threat Level recently about what's a federal crime and what is not when it comes to file sharing copyrighted music on the internet.

A 27-year-old California man, Kevin Cogill, of Culver City, learned the hard way Wednesday.

If convicted, he faces a maximum three years imprisonment under the Family Entertainment and Copyright Act of 2005.

Doesn't it make you feel good to know that the FBI spent it's resources on arresting such a devastating pirate, who ruined the world wide music market by leaking 8 tracks which will sell for $0.99 each? Violation of the Family Entertainment Act; talk about sarcasm.

Hari Puttar vs. Harry Potter

Found on Techdirt on Tuesday, 26 August 2008
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J.K. Rowling has been an aggressive user of intellectual property laws against anyone who she feels has done her wrong, and Warner Bros. studio, which owns the rights to the movies has been equally aggressive at times.

The movie makers insist their Hari Puttar has nothing to do with Harry Potter. The storylines are entirely different. Hari is a popular Indian name and Puttar means "son" in Punjabi. Plus, when pronounced correctly, it doesn't even sound like Harry Potter.

If anything, all this effort is doing is providing a lot more free publicity for the Hari Puttar movie -- which may be exactly what the movie makers wanted.

1. Pick the right movie title
2. Wait for J.K. Rowling to kick in
3. ???
4. Profit

Bus company tries to shutter web-based ride-share service

Found on Ars Technica on Friday, 22 August 2008
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A Canadian bus company wants to shut down an upstart online car-pooling service called PickupPal, and even PickupPal's founder admits that his service is violating current Ontario law. But, in his view, it's the law that needs to change, not PickupPal.

Ontario has one of the strictest carpooling laws in the world. People who share rides can only travel from home to work and back again, must ride with the same driver every day, and can only pay by the week, among other restrictions.

PickupPal wants to draw a distinction between one-off ride-sharing to concerts or when traveling home on break and regular passenger services that really should be licensed by the state.

Trentway-Wagar ist just afraid of more competition. While "professional" drivers should indeed need a license, there's nothing wrong with your average John Doe offering a ride to split costs.

RIAA Pays Tanya Andersen $107,951

Found on Slashdot on Thursday, 14 August 2008
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Atlantic v. Andersen, has finally drawn to a close, as the RIAA was forced to pay Ms. Andersen $107,951, representing the amount of her attorneys fee judgment plus interest.

And that's where Phase II comes in, Andersen v. Atlantic. There the shoe is on the other foot, and Tanya is one doing the hunting, as she pursues the record companies and their running dogs for malicious prosecution.

Way to go! Good luck to her.

Judge Hints at Mistrial in RIAA v. Jammie Thomas

Found on Wired on Sunday, 03 August 2008
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The federal judge who presided over the nation's only peer-to-peer copyright-infringement trial announced from the bench here Monday that he is likely to declare a mistrial.

At issue is whether the RIAA needs to prove that copyrighted music offered by a defendant on a peer-to-peer network was actually downloaded by anyone.

The judge's decision, which he said would be issued "hopefully before the end of September," is likely to have wide-ranging implications in the RIAA's file-sharing litigation campaign -- 20,000 lawsuits and counting.

Just imagine what happens if the RIAA/MPAA doesn't need to prove infringement: lawsuit are brought to everybody who accesses a P2P network. Then it's up to the user to prove that he did not make any music accessible. That's an "in dubio contra reo" way.

Tenise Barker Takes On RIAA Damages Theory

Found on Slashdot on Sunday, 27 July 2008
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Tenise Barker, the young social worker from the Bronx who took on the RIAA's 'making available' theory and won, has now launched a challenge to the constitutionality of the RIAA's damages theory.

She says that the Court could avoid having to find the statute unconstitutional by construing the RIAA's complaint as alleging a single copyright infringement - the use of an 'online media distribution system' - and limiting the total recovery to $750. In the alternative, she argues, if the Court feels it cannot avoid the question, it should simply limit the plaintiffs' damages to $3.50 per song file, since awarding more - against a single noncommercial user, for a single upload or download of an MP3 file for personal use - would be unconstitutional.

This could actually be good because it would make sueing customers less profitable, forcing the industry to deal with the new market and adopt new business models. After years of lies, faked statistics, bribed politicians and countless lawsuits there might be a change coming.

Court records: MPAA sought info on PirateBay founders

Found on CNet News on Friday, 25 July 2008
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TorrentSpy may be gone but its attorneys continue to allege in court that the motion picture industry engaged in a spying campaign against the company as well as others, including the Pirate Bay.

TorrentSpy's attorney, Ira Rothken, said last August: "We believe that the MPAA, when it paid $15,000 for about 30 pages of e-mails, knew or should have known they were involved in purchasing something in a wrongful manner."

Of course they didn't know. If they did, they would have had to admit so in court.