Wednesday, February 27, 2008
David Pogue RIAA video on YouTube
Thought my readers might enjoy this performance by David Pogue.
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Excellent article on Arizona cases in the Tucson Weekly
Great article in the Tuscon Weekly, on Arizona cases:
Thank You for Not SharingComplete article
Arizonans are being forced to defend themselves against high-dollar illegal-music lawsuits filed by the Recording Industry Association of America
By MARI HERRERAS
Deborah Weed would rather not be talking to a reporter or having her photo taken. The single mother would rather be focusing on her family, which she supports by working for a Phoenix construction company, surviving paycheck to paycheck.
Weed says she'd prefer to enjoy time with her daughter and granddaughter. Instead, much of her time is dedicated to a legal fight with the Recording Industry Association of America (RIAA).
In 2005, Weed and about 30,000 other Americans became part of what the RIAA calls its "tough-love" campaign, targeting music lovers who have allegedly shared or downloaded music illegally using the Internet.
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
University of San Francisco School of Law, IP Law Clinic, comes to aid of lawyers defending RIAA victims
In what is believed to be a first, the University of San Francisco School of Law's Intellectual Property Law Clinic has come to the aid of lawyers representing RIAA defendants.
Law students in the program, working under the supervision of law professors, are assisting outside lawyers representing the victims of RIAA suits on a pro bono basis.
Earlier this week, a brief was served in Maverick v. Chowdhury, a Brooklyn case in which the defendant is represented by Vandenberg & Feliu, in which two law students from the program assisted.
Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion to Dismiss Counterclaims (Maverick v. Chowdhury)*
* Document published online at Internet Law & Regulation
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Defendants file opposition to RIAA motions to dismiss counterclaims in Elektra v. Torres and Maverick v. Chowdhury
In Maverick v. Chowdhury and Elektra v. Torres, two Brooklyn cases in which the RIAA has moved to dismiss their counterclaims, the defendants have served their opposition papers to the RIAA motions.
Defendant's Memorandum of Law in Opposition to RIAA Motion to Dismiss Counterclaims (Maverick v. Chowdhury*
Defendant's Memorandum of Law in Opposition to RIAA Motion to Dismiss Counterclaims (Elektra v. Torres)*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
RIAA says it will file motion for reconsideration in Connecticut default judgment case, Atlantic v. Brennan
In Elektra v. Schwartz, the RIAA wrote to Judge Trager, bringing to his attention the recent decision in the Northern Michigan University case, LaFace v. Does 1-5. In their letter, the RIAA's lawyers indicated that they are planning to file a reconsideration motion in Atlantic v. Brennan.
February 27, 2008, Letter of Richard L. Gabriel (referring to LaFace v. Does 1-5 and Atlantic v. Brennan)*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Judge denies John Does' motion to dismiss and to quash in Northern Michigan University case
In LaFace v. Does 1-5, the case targeting 5 Northern Michigan University students, the judge has denied the defendants' motion to dismiss the complaint and quash the subpoena.
February 22, 2008, order denying motion to dismiss and to quash*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Judge in Raleigh, NC, case, LaFace v. Does 1-38, follows Maine decision by Magistrate, dismisses for improper joinder, but upholds complaint
In LaFace v. Does 1-38, the Raleigh, North Carolina, case targeting 38 North Carolina State University students, District Judge W. Earl Britt basically followed the recent decision by a Magistrate Judge in Arista v. Does 1-27, the case against University of Maine students.
In the Maine case the students had moved to dismiss the complaint for failure to state a claim. They did not attack the subpoena or ex parte discovery order, and did not move to dismiss for misjoinder. The Magistrate upheld the RIAA's boilerplate complaint, but raised the issue of improper joinder, and even recommended to the District Judge that the Court consider imposing Rule 11 sanctions against the plaintiffs and/or their attorneys for making false statement to justify joinder.
In the North Carolina case, the NC State students attacked everything, the subpoena, the underlying ex parte order, and the complaint, and moved to dismiss for misjoinder. Judge Britt, following the reasoning of the Maine Magistrate Judge, (a) upheld the complaint, but (b) dismissed as to all but one of the John Does, for misjoinder, and ruled that the RIAA had to re-file separate cases for each of them.
February 27, 2008, Decision Dismissing for Misjoinder* (2008 WL 544992)
* Document published online at Internet Law & Regulation
Commentary & discussion:
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List of quotations
From sidebar of "Recording Industry vs. The People" by Ray Beckerman
(Published also at http://info.riaalawsuits.us/quotations.htm)
"“[W]ithout actual distribution of copies.... there is no violation [of] the distribution right.” 4 William F. Patry, Patry on Copyright § 13:9 (2007); see also id. N. 10 (collecting cases); Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1162 (9th Cir. 2007)(affirming the district court’s finding “that distribution requires an ‘actual dissemination’ of a copy”)".
-Hon. Janet Bond Arterton
District Judge
District of Connecticut
February 13, 2008
Atlantic v. Brennan
-- F.Supp.2d --, 2008 WL 445819
"The concern of this Court is that in these lawsuits, potentially meritorious legal and factual defenses are not being litigated, and instead, the federal judiciary is being used as a hammer by a small group of plaintiffs to pound settlements out of unrepresented defendants."
-Hon. S. James Otero
District Judge
Central District of California
March 2, 2007
Elektra v. O'Brien
"Plaintiff ... must present at least some facts to show the plausibility of their allegations of copyright infringement....However, .... Plaintiffs have presented no facts that would indicate that this allegation is anything more than speculation."
-Hon. Rudi M. Brewster
Senior District Judge
Southern District of California
August 17, 2007
Interscope v. Rodriguez
2007 WL 2408484
"[I]t is difficult to ignore the kind of gamesmanship that is going on here.....These plaintiffs have devised a clever scheme..., but it troubles me that they do so with impunity and at the expense of the requirements of Rule 11(b)(3) because they have no good faith evidentiary basis to believe the cases should be joined."
-Hon. Margaret J. Kravchuk
Magistrate Judge
District of Maine
January 25, 2008
Arista v. Does 1-27
2008 WL 222283
"If this were to become a more typical course in prosecuting the type of allegations faced by defendant, it is reasonably foreseeable that members of the public would be more hesitant to use the Internet to share creative works in general, regardless of whether their specific conduct violated copyright law or occupied an area yet to be addressed by copyright law. Copyright holders generally, and these plaintiffs specifically, should be deterred from prosecuting infringement claims as plaintiffs did in this case. "
-Hon. Donald C. Ashmanskas
Magistrate Judge
District of Oregon
September 21, 2007
Atlantic v. Andersen
2008 WL 185806
"Plaintiffs are ordered to file any future cases of this nature against one defendant at a time, and may not join defendants for their convenience."
-Hon. Sam Sparks
-Hon. Lee Yeakel
District Judges
Western District of Texas
November 17, 2004
Fonovisa v. Does 1-41
"[A]n overwhelming majority of cases brought by recording companies against individuals are resolved without so much as an appearance by the defendant, usually through default judgment or stipulated dismissal.....The Defendant Does cannot question the propriety of joinder if they do not set foot in the courthouse."
-Hon. S. James Otero
Central District of California
August 29, 2007
SONY BMG v. Does 1-5
"[N]either Florida’s litigation privilege nor the Noerr-Pennington Doctrine serves as a shield for sham litigation."
-Hon. Richard A. Lazzara
District Judge
Middle District of Florida
September 19, 2007
UMG v. Del Cid
"[N]either the parties' submissions nor the Court's own research has revealed any case holding the mere owner of an internet account contributorily or vicariously liable for the infringing activities of third persons.....In addition to the weakness of the secondary copyright infringement claims against Ms. Foster, there is a question of the plaintiffs' motivations in pursuing them..... [T]here is an appearance that the plaintiffs initiated the secondary infringement claims to press Ms. Foster into settlement after they had ceased to believe she was a direct or "primary" infringer."
-Hon. Lee R. West
District Judge
Western District of Oklahoma
February 6, 2007
Capitol v. Foster
2007 WL 1028532
"The Court is unaware of any other authority that authorizes the ex parte subpoena requested by plaintiffs."
-Hon. Walter D. Kelley, Jr.
District Judge
Eastern District of Virginia
July 12, 2007
Interscope v. Does 1-7
494 F. Supp. 2d 388
"Plaintiffs contend that unless the Court allows ex parte immediate discovery, they will be irreparably harmed. While the Court does not dispute that infringement of a copyright results in harm, it requires a Coleridgian “suspension of disbelief” to accept that the harm is irreparable, especially when monetary damages can cure any alleged violation. On the other hand, the harm related to disclosure of confidential information in a student or faculty member’s Internet files can be equally harmful.....Moreover, ex parte proceedings should be the exception, not the rule."
-Hon. Lorenzo F. Garcia
Magistrate Judge
District of New Mexico
May 24, 2007
Capitol v. Does 1-16
2007 WL 1893603
"[T]he inducement rule.... is a sensible one for copyright. We adopt it here, holding that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.....One infringes contributorily by intentionally inducing or encouraging direct infringement...."
-Hon. David H. Souter, for the Court
Justice
U.S. Supreme Court
June 27, 2005
MGM v. Grokster
545 U.S. 913
"[P]laintiffs can cite to no case foreclosing the applicability of the due process clause to the aggregation of minimum statutory damages proscribed under the Copyright Act. On the other hand, Lindor cites to case law and to law review articles suggesting that, in a proper case, a court may extend its current due process jurisprudence prohibiting grossly excessive punitive jury awards to prohibit the award of statutory damages mandated under the Copyright Act if they are grossly in excess of the actual damages suffered....."
-Hon. David G. Trager
Senior District Judge
Eastern District of New York
November 9, 2006
UMG v. Lindor
2006 WL 3335048
"[D]istributing unlawful copies of a copyrighted work does violate the copyright owner's distribution right and, as a result, constitutes copyright infringement. In order to establish "distribution" of a copyrighted work, a party must show that an unlawful copy was disseminated "to the public." 17 U.S.C. § 106(3); see National Car Rental v. Computer Associates , 991 F.2d 426, 434 (8th Cir. 1993); 2 Nimmer, § 8.11[A] at 8-137."
-Hon. John D. Butzner, Jr.
Fourth Circuit
June 30, 1997
Hotaling v. Church of Jesus Christ of Latter-Day Saints
118 F.3d 199
*Printable list of above quotations
Commentary & discussion:
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RIAA & MediaSentry oppose MediaSentry responding to subpoena in UMG v. Lindor
In UMG v. Lindor, the RIAA and MediaSentry have both filed papers opposing Ms. Lindor's motion to compel MediaSentry to answer the subpoena that was served upon it.
February 27, 2008, Letter of Thomas M. Mullaney to Hon. Robert M. Levy (opposing motion to compel MediaSentry to answer subpoena)*
February 27, 2008, Letter of Richard Gabriel to Hon. Robert M. Levy (opposing motion to compel MediaSentry to answer subpoena)*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.
Tuesday, February 26, 2008
John Does file reply brief in Arista v. Does 1-21 in Boston
In the Boston University "John Doe" case, Arista v. Does 1-21, the defendant John Does have filed a reply brief responding the RIAA's supplemental opposition memo.
Reply memorandum of law of "John Does"*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Monday, February 25, 2008
Defendants in Elektra v. Barker, Warner v. Cassin, and Elektra v. Schwartz advise Court of Atlantic v. Brennan ruling
In Elektra v. Barker, Warner v. Cassin, and Elektra v. Schwartz, three New York metropolitan area cases in which the defendants are represented by Vandenberg & Feliu and in which there are pending motions to dismiss the complaint for failure to state a claim under the copyright laws, defense counsel have sent the respective judges in those cases copies of the decision of Hon. Janet Bond Arterton of the District Court of Connecticut in Atlantic v. Brennan, holding that the RIAA complaint fails to state a claim.
February 25, 2008, Letter of Ray Beckerman to Hon. David G. Trager in Elektra v. Schwartz*
Exhibit A -- February 13, 2008, Decision in Atlantic v. Brennan*
February 25, 2008, Letter of Ray Beckerman to Hon. Kenneth M. Karas in Elektra v. Barker*
February 25, 2008, Letter of Ray Beckerman to Hon. Stephen C. Robinson in Warner v. Cassin*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Default judgment denied in Atlantic v. Brennan, RIAA complaint insufficient, possible defenses of copyright misuse, excessive damages
In Atlantic v. Brennan, a New Haven, Connecticut, case, the Court has denied the RIAA's application for default judgment, rejecting the RIAA's "making available" theory.
The February 13, 2008, decision of District Judge Janet Bond Arterton holds, among other things, that the complaint is insufficient, both because
"“without actual distribution of copies.... there is no violation [of] the distribution right.” 4 William F. Patry, Patry on Copyright § 13:9 (2007); see also id. N. 10 (collecting cases); Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1162 (9th Cir. 2007)(affirming the district court’s finding “that distribution requires an ‘actual dissemination’ of a copy”)"and because the balance of the complaint fails to satisfy the pleading standards of Bell Atlantic v. Twombly, – U.S. –, 127 S. Ct. 1955, 167 L. Ed.2d 929 (2007), and would not survive a motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6), agreeing with Interscope v. Rodriguez, 2007 WL 2408484 (S. D. Cal. August 17, 2007).
Additionally, the Court held that the defendant had numerous other possible defenses:;
In other similar cases brought by these Plaintiffs and other record labels,February 13, 2008, Order and Decision denying application for default judgment* (534 F. Supp.2d 278)
individual defendants have raised a host of colorable defenses; but due to the
varying procedural postures, the viability of these defenses has largely yet to be
conclusively determined. The defenses which have possible merit include: (1)
whether the amount of statutory damages available under the Copyright Act,
measured against the actual money damages suffered, is unconstitutionally
excessive, see UMG Recordings, Inc. v. Lindor, No. 05-1095, 2006 WL 3335048, at *3(E.D.N.Y.2006) (finding the defense non-frivolous); Zomba Enters., Inc. v.
Panorama Records, Inc., 491 F.3d 574, 588 (6th Cir.2007) (rejecting the defense as
to a 44:1 damages ratio); see generally Blaine Evanson, Due Process in Statutory
Damages, 3 Geo. J.L. & Pub. Pol'y 601, 637 (2005); FN2 and (2) whether the
Plaintiffs and their recording industry peers, by bringing infringement suits like
this one, have engaged in anticompetitive behavior constituting copyright misuse,
see Lava Records LLC v. Amurao, No. 07-321 (S.D.N.Y. Jan. 16, 2007) (motion to
dismiss copyright misuse counterclaim pending); Assessment Techs. of WI, LLC, v.
WIREdata, Inc., 350 F.3d 640, 647 (7th Cir.2003) ("The doctrine of misuse prevents
copyright holders from leveraging their limited monopoly to allow them control of
areas outside the monopoly .") (quotation marks omitted).
[Ed. note. A big shout out to Matt Foster of Indiana Legal Services, Inc., for calling this decision to our attention. Thanks, Matt! -R.B.]
* Document published online at Internet Law & Regulation
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Good 7th Circuit Case on defendant's presumptive right to attorneys fees on plaintiff's voluntary withdrawal
We came across a helpful Seventh Circuit decision reversing a district court's denial of attorneys fees, where the plaintiff had moved to voluntarily dismiss its copyright infringement case. The court in Rivera v. Jones reaffirmed the principles that (a) notwithstanding the voluntariness of the plaintiff's dismissal the defendant is a "prevailing party", (b) the defendant in such cases is presumptively entitled to attorneys fees, and (c) the defendant is not required to establish frivolousness on the part of the plaintiffs.
February 20, 2008, decision, US Court of Appeals 7th Circuit, Rivera v. Jones*
(Alternate link)
* Document published online at Internet Law & Regulation
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Saturday, February 23, 2008
Transcript of oral argument in Andersen v. Atlantic
We have obtained what appears to be an unofficial transcript of the February 13, 2008, oral argument, referred to by the Judge in her decision dismissing the complaint with leave to replead, in Andersen v. Atlantic.
A link is provided in the original article.
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Thursday, February 21, 2008
Petition for certiorari filed in Panorama v. Zomba on issue of unconstitutionality of excessive statutory damages
In Panorama v. Zomba, a case challenging as unconstitutional an award of statutory damages in an amount that is 44 times the amount of actual damages, a petition for certiorari to the United States Supreme Court has been filed.
[Ed. note. By comparison, the award in Capitol v. Thomas, where a motion to set aside the verdict is pending, was approximately 23,000 times the actual damages. -R.B.]
Petition for Certiorari, Panorama v. Zomba*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Marie Lindor files expert witness report of Prof. Johan Pouwelse, concluding Jacobson work is "borderline incompetence"
In UMG v. Lindor, for the first time in any RIAA case of which we are aware, Marie Lindor has served an expert witness report critiquing the RIAA's expert witness, Dr. Doug Jacobson.
Prof. Johan Pouwelse, the same professor who provided the expert witness declaration in Foundation v. UPC Nederland in the Netherlands, which stopped the RIAA's attempt to mount a similar litigation campaign in that country, stated in his report that:
-there are certain procedures needed to be taken in order to establish if a certain computer is being used to make copyrighted works available for download, which steps were not taken;
-the RIAA's expert witness's work lacked "in-depth analysis" and "proper scientific scrutiny";
-the reports were "factually erroneous";
-statements in Jacobson's report were contradicted by his deposition testimony;
-numerous institutions have received false claims by MediaSentry;
-MediaSentry's techniques have never been properly tested, are overly simplistic, and fail the test for accurate peer to peer file sharing measurement;
-Verizon's response to the record companies' subpoena demonstrates that the subpoena used to identify Ms. Lindor's account was flawed;
-the lack of hard drive evidence corroborating the MediaSentry claim further demonstrates the unfounded nature of Jacobson's conclusions;
-no alternative explanations were investigated;
-no checks were conducted to determine a potential rate of error;
-no standards or controls exist;
-Jacobson's methods are "self-developed" and "unpublished";
-Jacobson's methods are not peer reviewed and not accepted by the scientific community; and
-Jacobson's investigative process was "unprofessional".
The report concluded that the Jacobson reports demonstrated "borderline incompetence" and that the "allegations of copyright violations are not proven".
The materials reviewed by Prof. Pouwelse are the February 23, 2007, deposition of Prof. Doug Jacobson, and exhibits and Dr. Jacobson's December 2007 supplemental report.
February 13, 2008, Expert Witness Report of Prof. Johan Pouwelse*
* Document published online at Internet Law & Regulation
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The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.
Wednesday, February 20, 2008
Motion for leave to bring third-party action against AOL, Kazaa, and boy who installed Kazaa denied in Elektra v. Santangelo II
In Elektra v. Santangelo II, the White Plains, New York, case against two of Patti Santangelo's children, the Magistrate Judge has denied the defendants' motion for permission to bring a third-party action against AOL, Kazaa, and the boy who installed Kazaa on their computer.
February 15, 2008, Order and Decision of Hon. Mark D. Fox Denying Motion for Leave to Implead*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Andersen v. Atlantic class action complaint dismissed with leave to replead
Once again, thanks to Tony Green of The Oregonian, for alerting us to this:
In Andersen v. Atlantic, the class action pending in Portland, Oregon, the Court has dismissed the complaint, but granted plaintiff Tanya Andersen leave to replead.
February 19, 2008, Order Dismissing Complaint, Granting Leave to Replead*
Unofficial transcript of February 13, 2008, oral argument*
* Document published online at Internet Law & Regulation
Commentary & discussion:
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RIAA files more papers opposing motion to quash in Boston, admits MS got 'cease & desist' letter, argues 'making available' violates Copyright Act
In Arista v. Does 1-21, the case targeting students at Boston University, the RIAA has filed further papers responding to the supplemental papers filed by the students and the amicus curiae brief submitted by the Electronic Frontier Foundation.
Their new papers
-admit that MediaSentry received a cease and desist letter from the Massachusetts state police;
-argue that MediaSentry was not violating Massachusetts law;
-argue that "making available" is a copyright infringement, despite the absence of any reference to it in the Copyright Act; and
-characterize the articles cited by the students in their briefs as "vitriolic blog postings of disgruntled individuals and a handful of commentators".
[Ed. note. To the extent that the last comment was directed at "Recording Industry v. The People", I would like to make the following clarifications: (a) I confess that "vitriolic" is a good word to use to describe the feelings I have towards the unprofessional behavior of the RIAA attorneys. "Detest", "contemptuous", "outraged", "appalled", "repulsed", and "sickened" also come to mind. (b) However, I am not "disgruntled". I will be "disgruntled" only if the Courts ultimately buy the voodoo legal theories and the fabricated, mislabelled, illegally procured, and doctored "evidence" the RIAA lawyers are attempting to peddle. So far the RIAA has won only one fully contested case, and that case is not over. I expect Mr. Gabriel, Mr. Oppenheim, and their similarly unprincipled lackeys to be the "disgruntled" ones, when the dust settles. And I anticipate that the MediaSentry people will feel "disgruntled" when they wind up behind bars along with their now "former" CFO, which appears likely in view of the recent revelations that they have been conducting investigations without a license, and are presently attempting to deceive the Massachusetts law enforcement authorities as to the nature of their activities on behalf of the RIAA and the record companies. I don't think their ex post facto tampering with the language on their web pages would exonerate them in the eyes of most prosecutors I've met. -R.B."]
We note that the RIAA's brief responding to the John Does' brief cited a New York State Attorney General's Opinion from 1919, but did not annex a copy of the Attorney General's Opinion, which is most unusual, since these are not readily available to the Judge, as published statutes and cases would be. Accordingly we have obtained a copy of the actual opinion (1919 Opinions of Attorney General 256* (November 10, 1919)), which opines on a very different, much narrower, version of the statute than the one in effect today (General Business Law Sec. 70, 71).
RIAA brief in opposition to John Does' supplemental brief*
RIAA brief in opposition to amicus curiae brief submitted by Electronic Frontier Foundation*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Tuesday, February 19, 2008
MediaSentry former CFO to serve 6 months in jail for backdating stock options
We just came across this report on Dow Jones Marketwatch:
DOJ: Former SafeNet [a/k/a MediaSentry] Executive Gets 6 Months Prison, $1M FineOriginal article
By Saba Ali
Last update: 12:34 p.m. EST Jan. 28, 2008
SafeNet Inc.'s former chief financial officer, Carole Argo, was sentenced Monday to six months in prison and a $1 million fine for her participation in a scheme to backdate stock options, said Michael Garcia, the U.S. Attorney for the Southern District of New York. Argo pleaded guilty on Oct. 5 to one count of securities fraud. SafeNet, a Maryland software information security product and services provider, had said in a story published in October that Argo resigned as a result of an internal investigation into the company's stock-options grant practices.
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
MediaSentry removes terms "investigation" and "gathering evidence for litigation" from its web sites in attempt to cover up
A reader sent us some interesting "screen shots"..... before-and-after shots of MediaSentry's web site, showing that -- in response to the various investigations and litigations over its illegal investigations -- it has removed the terms "investigation services" and "gathering evidence for civil/criminal litigation". Our reader writes:
Ray, I am sending you a PDF file printed from MediaSentry's web page on 2/3/08. In the fine print on the left hand side of each of the pages, MediaSentry claims that it [provides] "Investigative Services", and that "Safenet has extensive experience gathering evidence for civil/criminal litigation and prosecution against those who engage in unauthorized online content distribution".It does indeed, doesn't it?
When I checked the web page again yesterday, 2/18/08, The page had been completely changed. Gone from the web page are the terms investigation, and information gathering, and they are replaced with terms like "intelligence services" and "Globally detect, track and deter the unauthorized distribution".
Looks like a MediaSentry is trying to cover its tracks.
Good thing our reader was astute enough to make an historic record, as this *pdf should be useful to many prosecutors and other lawyers who are now trying to disprove MediaSentry's lies that it wasn't involved in 'investigation' at all, just gathering statistics for a 'nonprofit organization'.
[Ed. note: For those of you who like looking at old litigation documents made under penalty of perjury, you might want to try some of Richard Gabriel's declarations about MediaSentry's role: September 27, 2006, Declaration*; November 9, 2006, Declaration*. If you get into any litigation over whether MediaSentry was an "investigator" or not, just subpoena Mr. Gabriel as your lead witness.]
MediaSentry web pages*
* Document published online at Internet Law & Regulation
Commentary & discussion:
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Marie Lindor moves to compel MediaSentry to respond to document subpoena
In response to the document subpoena served upon it in UMG v. Lindor, MediaSentry served none of the documents and data relating to its investigation, serving only objections and some previously filed declarations and affidavits.
Ms. Lindor has now moved to compel a response by MediaSentry.
February 19, 2008, Motion to Compel MediaSentry Document Subpoena Response*
Exhibit A to Motion to Compel MediaSentry Document Subpoena Response (Subpoena sans exhibits)*
Exhibit B to Motion to Compel MediaSentry Document Subpoena Response (Response sans declarations and affidavits responding to item 4)*
* Document published online at Internet Law & Regulation
Commentary & discussion:
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.
Monday, February 18, 2008
Magistrate Judge Denies RIAA Motion to Vacate Stay of Discovery in Elektra v. Schwartz
In Elektra v. Schwartz, the case against a Queens woman who suffers from Multiple Sclerosis, Magistrate Judge Robert M. Levy has denied the RIAA's second motion to vacate the stay of discovery which has been in effect pending Ms. Schwartz's motion to dismiss the complaint based on Bell Atlantic v. Twombly and Interscope v. Rodriguez (2007 WL 2408484):
[A]s there is a dispositive motion pending before Judge Trager and, in view of the order to preserve evidence, I find that at this time plaintiffs' interests are adequately safeguarded and any potential prejudice to plaintiffs is outweighed by the burden on defendantFebruary 8, 2008, Letter of Richard L. Gabriel*
February 8, 2008, Letter of Ray Beckerman*
February 18, 2008, Order of Hon. Robert M. Levy*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Thursday, February 14, 2008
Magistrate denies RIAA motion for $513 in attorneys fees, without prejudice, for failure to properly itemize, in Elektra v. Santangelo II
In Elektra v. Santangelo II, where the RIAA made a motion for $513 in attorneys fees in an attempt to punish the defendant Michele Santangelo after the default judgment they'd obtained against her was vacated, the Magistrate Judge has denied the RIAA's motion without prejudice, on the ground that the fees were not itemized properly.
Order denying RIAA motion for attorneys fees without prejudice*
* Document published online at Internet Law & Regulation
Commentary & discussion:
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
California Judge dismisses RIAA case for misjoinder of defendants AND misjoinder of plaintiff record companies in SONY v. Does 1-5
As regular readers of this blog know, Magistrate Judge Margaret Kravchuk of the District of Maine has recently excoriated the RIAA for improper joinder of defendants in the "John Doe" cases, suggesting Rule 11 sanctions.
We have learned of a California case, SONY v. Does 1-5, where the District Judge -- Hon. S. James Otero of the Central District of California -- not only dismissed as to Does 1-5, based upon the long line of cases which have held that the RIAA has no right to join the John Doe defendants in a single case since the claims are not based on the same "transaction. occurrence, or series of transactions or occurrences", but went on to rule that the plaintiff record companies were also improperly joined.
On the issue of misjoinder of defendants, the RIAA made a reconsideration motion, which was denied.
On the issue of misjoinder of plaintiffs, Judge Otero ordered the RIAA to show cause why the case should not be dismissed as to the additional record companies; the RIAA agreed, and the case was dismissed as to those 6 plaintiffs.
As to Doe #1, the Court granted the plaintiff expedited discovery, but ordered that the defendant would have 21 days from getting notice of the subpoena to make a motion to quash.
In rejecting the RIAA's reconsideration motion, on the issue of misjoinder of John Does 2-5, Judge Otero rejected the RIAA's argument that a decision on joinder is premature, holding:
Although Plaintiffs contend that the Defendant Does may question the propriety of joinder after they are identified, it is this Court's experience that an overwhelming majority of cases brought by recording companies against individuals are resolved without so much as an appearance by the defendant, usually through default judgment or stipulated dismissal. This Court has already expressed its concern that in the thousands of peer-to-peer lawsuits filed by the record companies "potentially meritorious legal and factual defenses are not being litigated, and instead, the federal judiciary is being used as a hammer by [the record companies] to pound settlements out of unrepresented defendants." Elektra Entm't Group, Inc. v. [O']Brien, No. CV 06-5289, at 2 (C.D. Cal. Mar. 2, 2007). The Defendant Does cannot question the propriety of joinder if they do not set foot in the courthouse. (emphasis supplied)[Ed. Note. In a sad postscript, as if on cue, the defendant -- no doubt unaware of how well she was doing in the case thanks to Judge Otero's decency and vision -- almost immediately contacted the RIAA's "Settlement Support Center".]
Order dismissing as to Does 2-5 for improper joinder* (2007 ILRWeb (P&F) 2531)
Order denying RIAA motion for reconsideration of order dismissing as to Does 2-5 for improper joinder* (2007 ILRWeb (P&F) 2533)
Order dismissing as to plaintiffs Atlantic, Capitol, Elektra, Arista, Priority, and Maverick, for improper joinder of plaintiffs* (2007 ILRWeb (P&F) 2535)
* Document published online at Internet Law & Regulation
Commentary & discussion:
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Wednesday, February 13, 2008
Warner v. Cassin adjourned to May 9th
The conference scheduled for February 15th in Warner v. Cassin, a case in which there is pending a motion to dismiss the RIAA's "making available" complaint, has been adjourned by the Court from February 15th to May 9th.
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Oklahoma State University turns over student identities, report Ars Technica and Wired.com
Ars Technica and Wired.com report that Oklahoma State University, after receiving the order to show cause in Arista v. Does 1-11, promptly turned over the identities of its students to the RIAA:
Ars Technica:
RIAA gets Does' names after school threatened with contemptComplete article
By Eric Bangeman | Published: February 13, 2008 - 11:33AM CT
Hours after a federal court judge ordered Oklahoma State University to show cause why it shouldn't be held in contempt for failing to respond to an RIAA subpoena, attorneys for the school e-mailed a list of students' names to the RIAA's attorneys. But now that the RIAA has what it wanted, the group is unsure about how to go about sending out its prelitigation settlement letters. Some of the students are represented by an attorney, meaning that the RIAA is barred from contacting them directly.
The case in question involves 11 OSU students accused of using P2P networks to infringe on the Big Four labels' copyrights. The students have fought hard to keep their identities secret, filing motions to quash the subpoenas and later attacking the credibility of the RIAA's expert witness. The judge denied the motion to quash the RIAA's subpoenas in November, ordering OSU to provide the identities of the students it believed were behind the IP addresses flagged by MediaSentry.
That's where things got a little bit sticky. In a filing on Monday, the RIAA noted that OSU said it would provide the info in late November. Further requests by the plaintiffs' attorneys in December, January, and "several times" already this month went unanswered, with one exception. On February 1, the university sent the RIAA's attorneys an e-mail that referenced an attachment containing the data sought by the labels, but the attachment wasn't actually attached.
Wired.com:
Oklahoma State Surrenders File Sharers to RIAAComplete article
By David Kravets EmailFebruary 12, 2008 | 7:10:33 PM
Following the footsteps of dozens of other colleges, Oklahoma State University on Tuesday forwarded student identities to the Recording Industry Association of America, according to the school's lawyer.
School attorney Michael Scott Fern said the university supplied 11 names to comply with a court order in a lawsuit brought by the RIAA, which accuses the students of unlawfully downloading copyrighted recordings via the school's servers.
"We transmitted the information to plaintiff's attorneys," Fern said in a telephone interview."We sent it out today."
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
RIAA responds to EFF amicus brief in Atlantic v. Howell, argues for "making available" right based on "authorization" clause
In Atlantic v. Howell, the RIAA has filed a brief responding to the amicus brief filed by the Electronic Frontier Foundation, arguing that there is a "making available" right, based on the "authorization" clause.
Plaintiffs' brief responding to EFF amicus curiae brief*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Atlantic v. Howell rescheduled for March 5th at 2:00 PM; Warner v. Cassin on for Friday, February 15th.
The oral argument in Atlantic v. Howell has been rescheduled for March 5, 2008, at 2:00 P.M.
The conference in Warner v. Cassin is still scheduled for Friday, February 15th.
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Tuesday, February 12, 2008
Oklahoma State University ordered to show cause why it should not be held in contempt of court for failing to respond to RIAA subpoena
In Arista v. Does 1-11, in response to the RIAA's request for an order to show cause bringing on a motion to compel compliance with its subpoena, the Court has ordered Oklahoma State University to show cause why it should not be held in contempt of Court for failing to respond to the RIAA's subpoena.
February 12, 2008, Order to Show Cause*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Oklahoma State University 'neglects' to respond to RIAA subpoena
In Arista v. Does 1-11, in Oklahoma City, Oklahoma, the case against Oklahoma State University students, despite the Court's denial of the motion by some of the students to quash the subpoena, it appears that the university has failed to respond to the subpoena.
According to the RIAA lawyers, the university has "neglected" to respond to the subpoena despite "many reminders".
Oddly, it appears that the RIAA is asking the Court to direct the students' lawyer, Marilyn Barringer-Thomson, to divulge the identities of her clients, which is clearly confidential information protected by attorney-client privilege.
[Ed. note: Anyone have any ideas on why Oklahoma State University hasn't complied with the subpoena? Is it possible that, being a state university, it might have consulted with Oklahoma's Attorney General, and learned that it has been violating federal law by failing to protect its students' legal rights? Maybe the Oklahoma AG has read the papers of the Oregon AG pointing out that the RIAA is asking the university to violate federal law and that the RIAA has itself violated a cluster of laws? Just wondering. -R.B.]
RIAA Application for order to show cause and conference*
Exhibit (January 31, 2008, letter of Marilyn Barringer-Thomson*
* Document published online at Internet Law & Regulation
Commentary & discussion:
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Good article from UK on "more music industry idiocy"
Good article appearing on Telegraph.co.uk:
More music industry internet idiocyComplete article
Posted by Shane Richmond on 12 Feb 2008 at 13:21
My first reaction to a press release from the BPI is usually: 'Are you still here?' Home taping, bootlegging and internet filesharing have, apparently, been "killing" the music industry for years and yet they refuse to die. Even by their standards, their announcement this morning was mind-boggling.
The British Phonographic Industry (the name alone shows how in touch they are) said this morning: "For years, ISPs have built a business on other people's music. Yet they have paid nothing to the creators of that music, and done little or nothing to address illegal downloading via their networks."
Read that again: "For years, ISPs have built a business on other people's music." Really? Did you sign up to your ISP so you could download music illegally? Me neither. Yet the music industry, who apparently think the world revolves around them, once again want somebody else to fix their broken business model for them.
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Monday, February 11, 2008
Student Attorneys of Cumberland Legal Aid Clinic File Objections to Magistrate's Decision Denying Dismissal
In Arista v. Does 1-27, a case targeting University of Maine students, the student attorneys at the Cumberland Legal Aid Clinic have filed objections to so much of the Magistrate Judge's decision as denied their motion to dismiss the complaint.
They agreed, however, with the Magistrate Judge's assessment of the RIAA's misstatements of facts, in order to improperly obtain joinder, as "gamesmanship" worthy of Rule 11 sactions.
Objections of Defendants John Doe #16 and 18 to January 25, 2008, Recommendation of Magistrate Judge Kravchuk*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Friday, February 08, 2008
Practice tip : collecting materials on MediaSentry relating to (a) illegality, (b) discoverability, and (c) admissibility
This post is a work in progress, and will be expanded upon.
-R.B.
There is going to be lots of litigation in the days ahead over the issues of (a) MediaSentry's unlicensed investigations, which are a crime in most or all states of the United States, (b) the discoverability of the underlying MediaSentry materials, and/or (c) the admissibility of the doctored text printouts, prepared for litigation, upon which the RIAA will seek to base its case.
From clues left about by the RIAA's PR hacks and other agents, it can be anticipated that their lawyers will argue that (a) MediaSentry wasn't really 'investigating', (b) it was doing what any other KaZaa (or other Fasttrack) user could do, (c) it isn't an expert witness, and (d) what it was doing was secret and "proprietary". (If you find any inconsistencies among these, please don't complain to me; complain to Richard Gabriel and Matthew Oppenheim, the architects of the house of lies).
It is important to the practitioner to be able to access a collection of the RIAA's prior pronouncements on MediaSentry, because the RIAA's lawyers will say just about anything, and often will contradict what they say in one context, in another context (sometimes even in the same document).
So the astute practitioner should be ready with a complete set of the papers (although it is of course a growing collection).
Here are some materials you might find useful. It's of course just a partial list. If you have any additions to suggest, please email them to me, or post them in a comment.
A collection of MediaSentry affidavits and declarations
A transcript of the deposition of an officer of MediaSentry*
RIAA's reply memo, in UMG v. Lindor, in support of protective order* (Arguing at pages 6-9 that MediaSentry's processes are "highly proprietary")(Arguing at page 4 that MediaSentry does only what any KaZaa user could do)(Arguing at pages 9-10 that there's an attorney client privilege even though there was no attorney and no client)(Arguing at pages 11-12 that MediaSentry is not an expert witness)
Declaration of Bradley Buckles* (Arguing that MediaSentry was given "instructions and parameters for conducting online investigations" by the RIAA)(Arguing that MediaSentry's processes are highly proprietary to MediaSentry and highly confidential)
Thanks to the ever vigilant Jon Newton of p2pnet.net for reminding us that one would also do well, in this context, to study up on the rejection of MediaSentry's flimsy investigation by the Dutch and Canadian courts, who thus spared their respective judicial systems from the plague which is causing such a blemish on ours.
* Document published online at Internet Law & Regulation
Commentary & discussion:
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.
"Recording Industry vs. The People" passes 2 million visitor milestone
Recording Industry vs The People:
Thank you all. Today we passed the 2 million visitor mark.
-Ray
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Thursday, February 07, 2008
Judge grants EFF motion for leave to file amicus curiae brief in Arista v. Does 1-21
Judge Gertner has granted the Electronic Frontier Foundation's motion for leave to file an amicus brief in Arista v. Does 1-21 involving Boston University students, overruling the RIAA's objections, on the ground that the cases present "questions of copyright law and computer technology" and that "amici participation" may "shed light on the issues before [the Court]".
Order granting leave to file amicus curiae brief*
* Document published online at Internet Law & Regulation
Commentary & discussion:
p2pnet.net
Slashdot
Electronic Frontier Foundation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Motion to exclude MediaSentry evidence based on unlicensed investigation to be made in Atlantic v. Shutovsky
In Atlantic v. Shutovsky, pending in Manhattan, the defendant is making a motion to exclude the "evidence" prepared by MediaSentry, on the ground that MediaSentry procured such "evidence" through criminal conduct.
February 6, 2008, Memo Endorsed Order of Hon. P. Kevin Castel*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Wednesday, February 06, 2008
RIAA opposes EFF motion for leave to file amicus brief, cites "Recording Industry vs. The People"
In Arista v. Does 1-21, the case in which the RIAA is targeting Boston University students, it has filed a brief opposing the Electronic Frontier's Foundation request for leave to file an amicus curiae brief.
The 'opposition' brief inaccurately refers to Ray Beckerman as an EFF attorney, even though the RIAA's attorneys know that Ray Beckerman is a private practitioner who is a partner at Vandenberg & Feliu, LLP, in Manhattan. The brief then cites an older quote from "Recording Industry vs. The People", one which hasn't appeared on its pages for months, which refers to the RIAA as "a cartel of multinational corporations [that] collude to abuse our judicial system, distort copyright law, and frighten ordinary working people and their children.", but falsely represents that the brief's author "last consulted" the blog on Feb. 5, 2008. [Ed. note. While we appreciate Mr. Gabriel's citation to our humble law blog, he should not have lied, and it is hard to see what any of the foregoing had to do with the motion that is before the Court. -R.B.]
RIAA brief in opposition to EFF motion for leave to file amicus curiae brief*
* Document published online at Internet Law & Regulation
Commentary & discussion:
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Tuesday, February 05, 2008
EFF files amicus brief on behalf of Boston University students in Arista v. Does 1-21
The Electronic Frontier Foundation has submitted an amicus curiae brief on behalf of the Boston University students in Arista v. Does 1-21, attacking the RIAA's ex parte discovery application, both on evidentiary and legal grounds.
Amicus Curiae Brief in support of John Doe's motion to quash, submitted by Electronic Frontier Foundation*
(Alternate Link)
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Monday, February 04, 2008
Boston University student files supplemental brief, notes that Massachusetts state police have issued "cease and desist" letter to MediaSentry
In Arista v. Does 1-21, the case seeking the identities of Boston University students, the student "John Doe" has filed a supplemental brief, mentioning a number of factors about the weakness of the RIAA's case and the impropriety of its methods.
Among other things, the brief mentions that the Massachusetts state police have issued a "cease and desist" letter to MediaSentry, directing it to cease and desist from conducting investigations without a license. (See page 10).
Defendant's supplemental memorandum of law in support of motion to quash*
* Document published online at Internet Law & Regulation
Commentary & discussion:
p2pnet.net
Ars Technica
Heise Online (German)
Slyck
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
RIAA trying to get songwriter royalties lowered
Lest there be anyone left who believes the RIAA's propaganda that its litigation campaign is intended to benefit the 'creators' of the music, Hollywood Reporter reports that the RIAA is asking the Copyright Royalty Board to lower songwriter royalties on song file downloads, from the present rate of 9 cents per song -- which translates to about 13% of the wholesale price -- down to 8% of the wholesale price, or around 5 1/2 cents per song.
Meanwhile, the big digital music companies, such as Apple, want the royalty rate lowered even more, to something like 4% of wholesale, or less than 3 cents per song.
So any representations by any of these companies that they are concerned for the 'creators' of the music, should be taken with a grain -- er, truckload -- of salt.
Commentary & discussion:
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
Sunday, February 03, 2008
p2pnet retrospective on RIAA war against students February 2007 to date
Jon Newton at p2pnet.net has put together a fascinating retrospective on the RIAA's war against college students, commenced February 28, 2007, describing it as one to 'force "consumers" to buy what they're told to buy — corporate "content," as the Big 4 call their formulaic outpourings.'
In a scathing indictment not only of the major record labels, but of those schools, administrators, and educators who have yet to take a stand against it, "p2pnet RIAA school report" reviews a number of landmark moments in the 11-month old 'reign of terror'.
They include the announcement of the bizarre 'early settlement' sale, the sudden withdrawal of a case in which a 17 year old Texas high school student had been subpoenaed while in class during school hours to attend a deposition the very next day during his taking of a standardized test, the call by Harvard law professors for the university to fight back when and if attacked, and the differing reactions by other schools.
Commentary & discussion:
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
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