German privacy activists cry foul

Found on The Register on Tuesday, 01 January 2008
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Privacy activists have filed a constitutional complaint against Germany's data retention laws.

Arbeitskreis Vorratsdatenspeicherung argues that the data retention law treats all citizens as potential terrorists or delinquents. "The pervasive logging of communication patterns without reasonable suspicion resembled a serious encroachment upon the basic values of constitutional legality," it said.

Organisations and individuals that rely on confidentiality to do their work - lawyers, journalists and even crisis lines - are deprived of free and open communication because of the data logging, the group claims.

Governments across Europe brought in the measures, which backers argue are necessary in the fight against terrorism and organised crime.

Even police admits that this monitoring won't help, but politicians want to force it go get some votes, because they "did something". According to a study released by the German Federal Criminal Office, in only 381 cases there was a lack of information which would now be monitored; amongst them were only 2 cases related to terrorism. And none of those cases had to do anything with crime prevention what is a major argument of the backers. This does not justify the total monitoring of more than 82 million citizens. Also, officials tend to allow more and more access to the data over time: for example, access to bank master data was granted by law to monitor and prevent cash flow funding terrorism. Today, the IRS, social welfare and more have access to this for their everyday work. And do politicians really think that a trained terrorist (not the neighbour wanna-be) doesn't know how to use eg. TOR?

Record Industry Goes After Personal Use

Found on Washington Post on Saturday, 29 December 2007
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In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.

The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.

At the Thomas trial in Minnesota, Sony BMG's chief of litigation, Jennifer Pariser, testified that "when an individual makes a copy of a song for himself, I suppose we can say he stole a song." Copying a song you bought is "a nice way of saying 'steals just one copy,'" she said.

The RIAA's legal crusade against its customers is a classic example of an old media company clinging to a business model that has collapsed.

Unfortunately for them, there's something called "fair use". If you think about it, stealing a CD for real might actually be the best solution: Jammie Thomas has to pay $9,250 for every single song she's said to have downloaded. Lifting a CD from a shop is way cheaper and you're even really stealing; not copying. But an industry that cannot (or doesn't want to) grasp the simple difference between stealing (taking away) and copying (multiplying) is doomed.

Apple Forces Rumors Site To Shut Down

Found on Techdirt on Wednesday, 19 December 2007
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For a few years now, there's been a legal battle going on between Apple and Think Secret, a very popular Apple rumors site for publishing certain rumors. The lawsuit had many people up in arms, as they pointed out that Think Secret should be protected in the same way a newspaper is protected (and noting that Apple would never sue the WSJ the way it sued Think Secret).

While the case has dragged on, unfortunately, Apple won some of the legal battles.

The guy behind Think Secret notes that he never gave up the source, and calls this settlement amicable -- but it sets a horrible precedent for plenty of sites, and may create quite the chilling effect on reporters and bloggers alike.

Instead of keeping rumors down, sue a website. Great idea. Whistleblowers can still release those unofficials news through lots of other sources, like with a quick post on Slashdot or an article at Wikileaks; even Indimedia might be interested in some. I wonder if Apple will go after all of them.

TorrentSpy hands Hollywood victory

Found on The Register on Tuesday, 18 December 2007
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The Motion Picture Industry Ass of America has won an unexpected victory after a Los Angeles Court terminated a copyright lawsuit against TorrentSpy in its favour.

The Dutch-based site bills itself as the largest BitTorrent search engine.

"The court finds that plaintiffs have suffered prejudice, to the extent that a rightful decision is not possible," Judge Florence-Marie Cooper concluded, citing false statements and "widespread and systematic efforts to destroy evidence".

TorrentSpy's San Francisco-based lawyer Ira Rothken denied it had destroyed evidence, but said it did so to protect users.

TorrentSpy now faces a financial penalty, the size of which has yet to be determined.

I might have missed something here, but why should Torrentspy pay? The suit was obviously in the US, Torrentspy is Dutch-based. Perhaps they should just relocate to Antigua and operate from there, together with Slysoft.

Nokia Claims Ogg Format is "Proprietary"

Found on Slashdot on Saturday, 08 December 2007
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Several months ago a workgroup of the W3C decided to include Ogg/Theora+Vorbis as the recommended baseline video codec standard for HTML5, against Apple's aggressive protest. Now, Nokia seems to be seeking a reversal of that decision: they have released a position paper calling Ogg 'proprietary' and citing the importance of DRM support. Nokia has historically responded to questions about Ogg on their internet tablets with strange and inconsistent answers, along with hand waving about their legal department. This latest step is enough to really make you wonder what they are really up to.

Quite surprising, given that according to vorbis.com, "Ogg Vorbis is a completely open, patent-free, professional audio encoding and streaming technology with all the benefits of Open Source". Perhaps Nokia just hates free software.

Animal rights activist hit with RIPA key demand

Found on The Register on Tuesday, 13 November 2007
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Section Three of the Regulation of Investigatory Powers Act (RIPA) came into force at the start in October 2007, seven years after the original legislation passed through parliament. Intended primarily to deal with terror suspects, it allows police to demand encryption keys or provide a clear text transcript of encrypted text.

Failure to comply can result in up to two years imprisonment for cases not involving national security, or five years for terrorism offences and the like. Orders can be made to turn over data months or even years old.

But an animal rights activist is one of the first people at the receiving end of a notice to give up encryption keys. Her computer was seized by police in May, and she has been given 12 days to hand over a pass-phrase to unlock encrypted data held on the drive - or face the consequences.

This is exactly going as imagined: first, create a law to fight against terrorists or pedophiles. Then, start to apply this law to other groups which don't have the full support of the public, like animal right extremists. Some people will point out that the law was not intented to be used for that, but many others won't care and let it slip. Continue to use it against other groups before you start to threaten less and less extremist people with it. Now you have your police state and people are used to threats and monitoring.

Prince to sue The Pirate Bay

Found on CNet News on Friday, 09 November 2007
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Continuing an aggressive campaign to defend his copyrights, pop star Prince is preparing to file lawsuits in three countries--including the United States--against The Pirate Bay, CNET News.com has learned.

The Pirate Bay does not host any unauthorized movie files, but the service is internationally famous for being a highly effective pirate tool.

Within the next few days, Prince will file similar suits against The Pirate Bay in the U.S., France, a country with laws favorable to copyright owners, and Sweden, where The Pirate Bay is based.

Prince has hired Giacobbi and Web Sheriff, a service that protects copyright materials from Internet piracy, to coordinate the legal challenges against The Pirate Bay and others who the singer believes has violated his copyright.

In September, the singer said he planned to take legal action against The Pirate Bay, YouTube, and eBay. As of Friday, Prince's lawsuits appeared to be solely targeted at The Pirate Bay.

By suing The Pirate Bay in three different countries, Prince is hoping to put financial pressure on the service, Giacobbi said. Copyright laws in the United States and France would make it nearly impossible for a site like The Pirate Bay to triumph, he claimed.

Of course they will get a default judgment in France and the US, simply because TPB won't care. They can't harm them in Sweden because they won in another country. TPB members can then be arrested if they visit that country though. But I think they can live with that. One of the names in this article should be well-known to TPB visitors: Web Sheriff; they don't seem to be much of a threat. I wonder why Prince dropped the idea to sue Ebay and Youtube; I guess it's better for your image if you to go after the "real bad guys". Although Ebay and Youtube probably make much more money with his pirated works than TPB makes with advertising.

Burglar 'too good' for crime

Found on Ananova on Tuesday, 06 November 2007
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A veteran Austrian burglar was acquitted after a court agreed he was too experienced to have committed the crime was accused of.

Roland Friis, Stummer's lawyer, said: "He is experienced enough to never break into a building secured by an alarm."

"Also, no halfway reasonable burglar would use such needle nose pliers for a job, and my client would have surely worn gloves. In fact it is almost an insult to accuse him of such a dilettante approach."

Well, sometimes it is good to have criminal records for your defense.

RIAA Fights to Avoid Attorney Fees

Found on Wired on Thursday, 18 October 2007
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The music-industry lobbying-and-litigation arm is protesting a federal magistrate's recommendation that it cough up hundreds of thousands of dollars in legal fees for an Oregon woman.

The RIAA dropped the case this summer against Andersen, months after concluding her hard drive didn't contain any purloined music tracks.

The RIAA is arguing in court documents that the association shouldn't have to pay defense counsel fees, because Andersen is probably guilty anyway.

Patton wrote in court records that the RIAA dropped the Andersen case because "the computer inspection was inconsistent and inconclusive insofar as digital evidence of the infringing sound recordings could not be found."

So in short, they sued a woman, failed to provide any evidence, even admitted that they found no evidence and now want to leave her with the legal fees? How nice of them. Besides, in a modern legal system, you have to deliver proof; just claiming someone is probably guilty won't do, even though that's how the RIAA think it's done.

Labels Sue Usenet Service

Found on Billboard.biz on Wednesday, 17 October 2007
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Major record companies have filed a copyright infringement lawsuit against Usenet.com, Billboard.biz has learned.

The suit claims that the usenet.com service sells access to content that includes millions of unauthorized music files and "touts its service as a haven for those seeking pirated content."

Specifically, the complaint alleges, usenet.com loads online bulletin boards or "newsgroups" obtained from the usenet network onto its server. It then sells access to the newsgroups that it has chosen to host on its usenet.com service. The suit claims that many of the newsgroups that usenet.com chooses to offer "are explicitly dedicated to copyright infringement."

The labels seek an unspecified amount of damages, an injunction and a declaration that the company is infringing copyrighted works.

There is really no end to stupidity. I wonder when they will start to sue ISPs, claiming that they support piracy by allowing users to go online. Or hardware manufacturers for inducing infringement. Or themselves for creating content that induces infringement. They are so dumb that it isn't even interesting to make fun of them anymore.