Bush announces new Piracy Czar

Found on ArsTechnica on Thursday, 21 July 2005
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The skyrocketing U.S. trade deficit -- which reached a record $618 billion last year -- has compounded U.S. concerns about piracy and counterfeiting. Companies that produce movies, music and software and other intellectual property account for a growing share of what the United States has to sell to the rest of the world.

Knocking $250 billion off that would be great, but economic realities won't allow for that to happen overnight. The massive black market in China is spurred in part by monopoly pricing—namely, prices are too high, and the only competition to bring them down is illegal competition. While pirated copies of Star Wars might sell for $1 on the street, 20,000 sales of that pirated DVD do not translate to 20,000 sales of $15 legit DVDs in the absence of piracy.

In China, the battle will be fierce. The 1 billion DVD/year market is almost entirely composed of bootlegs, to the tune of 95 percent. Even so, Warner Brothers has fought back by dropping the price of their DVDs to the $3 range on average, making it a real competitor with the lower-quality black market versions.

Now that Dubya has successfully destroyed all the profits Clinton made, they are going to blame piracy. Man, piracy must really be the best scapegoat ever. What made me raise an eyebrow was the competitive price of just $3 for a DVD. If that is possible in China, why do we here pay $15-$30? I assume WB still makes profit; even when DVDs are sold for $3. So much for fair prices. Perhaps piracy should be increased in the rest of the world to force the industry to lower prices.

Online "Thievery" Costs Ringtone Industry

Found on Techdirt on Wednesday, 20 July 2005
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We're used to bogus, inflated claims of losses due to piracy from the computer software industry, the movie business and the music industry, so it shouldn't be too surprising to see some crazy numbers saying ringtone vendors are losing money thanks to online "shoplifters". The key difference here, though, is these numbers aren't coming from the vendors themselves, blowing hot air about their perceived losses, but an even less unbiased party: a company looking to sell its "secure" commerce products. Apparently some ringtone and music vendors let users preview content before buying, and this somehow translates into "lost" sales because there's a possibility a user will swipe the preview and not buy the content, which is apparently "the mobile and cyber-equivalent of test-driving a car and then not having to give it back". Of course, like all the other bogus loss claims, the company assumes that every user that is happy to take the preview would have bought the content -- which isn't the case. In any case, plenty of companies selling ringtones are doing a perfectly adequate job of shooting themselves in the foot without having to blame pirates.

I know an easy solution: quit advertising and do everybody a favor. I'm sick of hearing ringtones everywhere anyway.

Judge: MP3 site, ISP breached copyright

Found on ZD Net on Wednesday, 13 July 2005
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Stephen Cooper, operator of the mp3s4free Web site, was found guilty of copyright infringement by Federal Court Justice Brian Tamberlin.

Although Cooper didn't host pirated recordings per se, the court found he breached the law by creating hyperlinks to sites that had infringing sound recordings.

Tamberlin found against all other respondents in the case, namely ISP Comcen, its employee Chris Takoushis, Comcen's parent company E-Talk Communications, and its director Liam Bal.

Outside the Sydney court, Music Industry Piracy Investigations general manager Michael Kerin said the verdict sent a strong message to ISPs.

"The verdict showed that employees of ISPs who engage in piracy can be seen in the eyes of the court as guilty," Kerin said.

Cooper was not present in court. His legal counsel, Bev Stevens, said the verdict was "extremely disappointing".

Sue admins of mp3 sites. Sue admins of sites linking to mp3 sites. Sue admins of sites linking to sites linking to mp3 sites. Continue. What does the judge expect? That every ISP hires a ton of people to monitor websites for illegal content? Not to mention the doubtful decision about linking, which is, im my opinion, ridiculous.

Owner of the Word Stealth 'Protecting' Rights

Found on Slashdot on Sunday, 03 July 2005
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Just when you thought ownership of intellectual property couldn't get any more absurd: The New York Times is reporting that the word 'Stealth' is being vigorously protected *in all uses* by a man who claims to exclusively own its rights. Not only has he gone head to head with Northrop Grumman, he has pursued it vigorously in the courts and has even managed to shut down "stealthisemail.com" (Steal This Email.com) because the URL coincidentally contains the word "stealth". What's terrifying is that he's gotten as far as he has.

Looks like we need a stealthy plan to deal with this "stealth" problem. A stealth bomber might solve this not-so-stealthy issue; however, this solution might not be stealthy at all...

FBI jumps on pop warez sites

Found on The Inquirer on Thursday, 30 June 2005
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The FBI has swooped on an alleged pirate ring 'top sites' and arrested a bloke who ran one of its servers.

Apparently the Feds had been posing for a considerable amount of time as server operators, inviting people to upload and download material.

According to Restless.ugtech.net an FBI spokesman said that once a good working relationship had been established with the pirates the trap had been set. Then all that remained to do was for the FBI to do was shut its trap.

If you ever downloaded from servers called called "Chud" and "Lad", which were run by a bloke called "Griffen", you might be wondering if you will get a knock on your door.

The question is if the download itself is illegal; although the media likes to mix this up, the upload is the problem. So if you only download via HTTP/FTP from a server, you might be safe. I'm not a lawyer though. What irks me is the fact that the Feds participated by offering a criminal option and then busting those who fell for it. In other countries, this is illegal.

RIAA targets 784 more file-sharers

Found on The Register on Wednesday, 29 June 2005
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Self-interest group the Recording Industry Association of America has filed a fresh round of legal complaints against 784 flie-sharers, alleging violation of copyright.

In an apparent mis-interpretation of the Supreme Court decision against Grokster, RIAA chairman and chief executive Mitch Bainwol said: "If there was any doubt left, there should now be none -- individuals who download music without permission are breaking the law."

We also note that in its statement in praise of the Supreme Court ruling, the RIAA says: "With this unanimous decision, the Supreme Court has addressed a significant threat to the U.S. economy and moved to protect the livelihoods of the more than 11 million Americans employed by the copyright industries."

Sorry, but I still have my doubts; more than before even. Their last statement is the biggest bla-bla I've read in quite some time. No independent (as in not funded by the music industry) study has proven that filesharing creates the losses the RIAA keeps talking about. In fact, the industry lies as always. If you take a look at the global music retail sales, then you'll notice that 2004 was the best of the past 5 years, top 10 albums sales globally rose by 14%, digital sales rose exponentially (more than tenfold), CD volume growth of 2.8% and 4.5% in the US and UK and music DVD sales rose 23% and have doubled their share. Let's also not forget the recent raid of a DVD processing plant, where the RIAA exaggerated the losses by more than 2,000% (plus the fact that the plant was legal and the numbers were all fictional, based on losses that could have been possible). And yesterday, Sanctuary, the world's biggest indie record company, officially blamed the management for its losses; something that might very well be a reason at other record companies too. Not to mention all the other dirty details...

Send Email to Utah, Go to Jail

Found on Slasdot on Sunday, 26 June 2005
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The Institute for Spam and Internet Public Policy is reporting that two new laws in Utah and Michigan are going into effect next week, creating 'do not email' registries for children's email addresses. According to ISIPP, 'Email marketers who send unpermitted messages to email addresses or domains on the child protection registries in Michigan and Utah face stiff penalties including prison and fines.'

And this will work because...? I bet the operators of spam zombies are terrified and will clean their email lists. Besides, spam is a global business and Utah and Michigan are anything but global players.

BitTorrent: Sysadmins to face the music

Found on ZD Net on Sunday, 26 June 2005
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The federal court has ruled two systems administrators from Internet service provider (ISP) Swiftel can be sued for alleged music piracy, overriding an earlier decision.

Perth-based Swiftel has been accused of copyright infringement by major record labels -- which claim the ISP's employees and customers created a BitTorrent file-sharing hub for hosting thousands of pirated sound and video recordings.

The labels allege Swiftel's senior systems administrators Melissa Ong and Ryan Briggs ignored calls to remove Web sites that were in breach of copyright, and instead "treated the infringement notices like spam."

Swiftel's laywer protested, claiming only customers were responsible. However, in a twist, the ISP said a key customer in the case, Archit Jha, has already settled with the music industry's local piracy unit, Music Industry Piracy Investigations.

Jha had been named as the creator of "Archie's hub", a BitTorrent hub central to the case. However, the music industry has not included him as a respondent in its legal action.

Justice Branson noted Jha's situation and absence from the list of respondents. "Archie's [Archit's] someone who could be carrying the can here," she said.

A BT hub does not host pirated material; only torrent files, which only contain information about a file. And as long as providing information is legal, BT hubs are too. Case dismissed. I really should be a judge...

Truth Seizes Headlines Back From The MPAA!

Found on Techdirt on Tuesday, 21 June 2005
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By now it should be no surprise that the MPAA likes to overhype lots of things, from the "losses" due to file sharing to the "risk" posed by the VCR ("the Boston Strangler" to the movie industry). The current bosses are no exception, from blaming technology to dire warnings about the end of content, it pays to take most of what they say with an extra big grain of salt. Hopefully, you had that salt handy as you read an announcement trumpeted by the MPAA about how they, along with a "California High Tech Task Force" shut down a Southern California DVD processing plant seizing $30 million worth of DVDs. The implication, though not stated in the article, was that the plant was used to copy DVDs illegally. Perhaps the reason it wasn't stated was because it might not actually be true.

Constitutional Code points to the processing plant company's angry response to the news today, suggesting that almost nothing in the MPAA's announcement was accurate. First off, the company claims they only copy legal DVDs, and are a well established (over 15 years in business) legal DVD and CD reproduction plant. Second, neither the MPAA nor the so-called High Tech Task Force "shut the plant down." After the raid was completed the plant was allowed to return to full production levels immediately. The Task Force did take some DVDs, but the plant believes they were perfectly legitimate DVDs being produced by a well-known public company. Finally, in the MPAA's favorite area, it looks like they completely inflated by ridiculous amounts the "value" of the seized materials. The plant claims that the DVDs taken were worth a grand total of $10,540. The DVD copying equipment seized was worth about $15,000. In other words, the claim of $30 million worth of product seized was exaggerated by a mere 2,000%.

And still politicians believe them when they whine. Instead, those politicians should roll up a newspaper and whack them a little to show them their limits. There's a huge difference between truth and lies (but then, many politician too have a hard time keeping that apart).

Film shows Saddam legal grilling

Found on BBC News on Sunday, 12 June 2005
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New film has been released showing the former Iraqi leader Saddam Hussein being questioned by magistrates, the first footage of him in almost a year.

Saddam Hussein's lawyers have recently complained that he has been allowed only two meetings with them since being arrested in Iraq in December 2003.

The former Iraqi leader, who is accused of ordering a string of massacres and murders during his rule, looks pensive as he answers questions.

The BBC's Alastair Leithead in Baghdad says the video portrays Saddam Hussein in a respectful way, but that he does not appear to be as in control of the situation as he did when he appeared in court last year.

Since the invasion (which began March 20, 2003), life isn't much better for the people in Iraq than before. Several sources (for example Human Rights Watch) estimate that 250,000 people were killed during 25 years by the Ba'th Party. More than 100,000 have been killed since the US invasion. Those numbers result in 10,000 deaths/year under Saddam's regime vs 80,000 deaths/year under US occupation. Some may argue that Saddam has killed more and therefore double, triple or even quadruple his "score"; others then might say that the victims of the sanctions and the previous war should be added to the US number. I don't want to defend Saddam here, but people should see the relations.