Recording Industry vs The People

Thanks to Ben Sheffner for making these briefs available.

The brief filed by Joel Tenenbaum, and the amicus curiae brief of CVN, filed in opposition to the RIAA's petition for 'mandamus or prohibition' in SONY BMG Music v. Tenenbaum, are now available online.

Opposition Brief of Joel Tenenbaum
Amicus curiae brief of CVN



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/31/2009 12:31:00 AM 0 Comments Links to this post

In SONY BMG Music v. Tenenbaum, a group of 14 news organizations, including the Associated Press and the New York Times, have filed an amicus curiae brief opposing the RIAA's petition to prevent internet streaming of the upcoming oral argument.

The other news organizations joining in the brief were Courtroom Television Network, Dow Jones & Co., Gannett Co. Inc., The Hearst Corp., Incisive Media, National Public Radio, NBC Universal Inc., Radio-Television News Directors Association, The Reporters Committee for Freedom of the Press, The E.W. Scripps Co., Tribune Co., and Washington Post Digital.

NBC Universal, one of the amici, is an affiliate of UMG Recordings, one of the plaintiffs.

Amicus Curiae Brief of Associated Press, New York Times, Courtroom Television Network, Dow Jones & Co., Gannett Co. Inc., The Hearst Corp., Incisive Media, National Public Radio, NBC Universal Inc., Radio-Television News Directors Association, The Reporters Committee for Freedom of the Press, The E.W. Scripps Co., Tribune Co., and Washington Post Digital

[Thanks to Jon Newton at p2pnet.net, BNA Internet Legal News by Michael Geist, and The Associated Press for bringing this to my attention, to Ben Sheffner for firsts making the briefs available online, and to Alter_Fritz for alerting me to the online briefs.]

Commentary & discussion:

p2pnet.net
Associated Press
Slashdot




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/30/2009 08:19:00 PM 15 Comments Links to this post

The Electronic Frontier Foundation has filed an amicus curiae brief in opposition of the RIAA's petition to prevent internet streaming of the upcoming oral argument in SONY BMG Music v. Tenenbaum.

They were joined in their brief by Public.Resource.org, Media Access Project, Internet Archive, Free Press, California First Amendment Coalition, and lawyer Ben Sheffner.

Amicus Curiae brief of Electronic Frontier Foundation, Public.Resource.org, Media Access Project, Internet Archive, Free Press, California First Amendment Coalition, and Ben Sheffner

Commentary & discussion:

Electronic Frontier Foundation
Online Media Daily



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/30/2009 08:01:00 PM 0 Comments Links to this post

Here's another good article on the New Hampshire case, UMG Recordings v. Roy.




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/30/2009 11:00:00 AM 0 Comments Links to this post

For those of you who may think that District Judge Gertner has finally recognized that the RIAA's cases are not based on sufficient evidence, sound legal theory, or proper pleading, I would just want to let you know that she continues to enter default judgments, based on the RIAA's written submissions.

I have never reported on default judgments, and do not intend to start doing it now, but if anyone wants to check for themselves, they can go to Capitol Records v. Alaujan, D. Mass., 03-11661, which is the consolidated case for all of Massachusetts, and see for themselves.

It is mind boggling to me that a Judge, after learning that the Massachusetts State Police have preliminarily determined that the evidence upon which the RIAA's cases rest was obtained illegally, would enter judgments based on that evidence without even conducting a hearing. It is likewise mind boggling to me that any judge would accept a default judgment application based on (a) evidence that would be inadmissible in court, and (b) a cookie cutter pleading which patently fails the test of Bell Atlantic v. Twombly.

Needless to say, I am of the view that District Judge Janet Bond Arterton (D. Conn.) got it right in Atlantic Recording v. Brennan, and former District Judge Rudi M. Brewster (S.D. California) got it right in Interscope Records v. Rodriguez, when they held that the RIAA's default judgment applications are improper, and rejected them.

Commentary & discussion:

p2pnet.net




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/29/2009 04:40:00 PM 21 Comments Links to this post

Interesting article by Wendy Davis of Online Media Daily about Cox Communications's interference with the principle of net neutrality:

Cox's Plan To Interfere With Net Traffic Draws Criticism
by Wendy Davis

Cox Communications' new traffic-shaping plan is drawing harsh criticism from some net neutrality advocates.

"It is certainly a horrible idea and it's not the way the Internet ought to work," said Robb Topolski, chief technology consultant for broadband advocacy groups Free Press and Public Knowledge. "When I first heard about it, I thought it was an early April Fool's joke."

Cox, the third-largest cable company, said Tuesday that it intends to test a plan to manage congestion by occasionally prioritizing "time sensitive" traffic while slowing down other, less urgent material. The time-sensitive traffic includes Web streaming, email, instant messaging, games and remote connectivity. The material categorized as susceptible to delay includes bulk transfers of data for storage or file access, peer-to-peer protocols, software updates and Usenet newsgroups.

Permalink
posted by Ray Beckerman @ 1/29/2009 02:47:00 PM 0 Comments Links to this post

Oral argument of EMI's motion to dismiss counterclaims in Capitol Records v. MP3Tunes.com, Inc. took place on January 16, 2009.

EMI argued that since MP3Tunes did not comply with the DMCA notices it contends were improper, it sustained no damages.

The argument started off with the following exchange:

THE COURT: Do you agree that if the plaintiffs distribute music for free on the Internet, your client distributes music for free on the Internet, the fact that those songs are somewhere on MP3tunes Web sites' is not infringement?

MR. BART: I think it still is infringement.

Permalink
posted by Ray Beckerman @ 1/28/2009 10:41:00 AM 13 Comments Links to this post

Came across this interesting article, in the Chronicle of Higher Education, by Tracy Mitrano, director of information-technology policy in Cornell University’s Office of Information Technologies, where she also directs the computer policy and law program:

Tracy Mitrano: Why the Recording Industry Stopped Suing Students

When the Recording Industry Association of America decided in December to stop filing bulk lawsuits against college students, several students in my “Culture, Law, and Politics of the Internet” course asked me to comment on the strategy. Here is what I said:

Over all, the [recording industry’s] approach was increasingly losing steam, both as a public-relations tactic and financially. More important, if the RIAA had any hope of creating tension between students and administrators, it ultimately backfired.....

Permalink
posted by Ray Beckerman @ 1/27/2009 06:12:00 PM 0 Comments Links to this post

According to the Union Leader in New Hampshire, Mitch Bainwol of the RIAA sent letters to the Commerce and Judiciary Committees supposedly explaining the supposed cessation of lawsuits.

We need to get our hands on those letters. If anyone can get copies it would be appreciated.

Thanks.

-R.B.

[PS. Thanks to long-time reader derivative for pointing this out.]



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/27/2009 04:00:00 PM 3 Comments Links to this post

Thanks to the reader of our blog brought to my attention an excellent article in the Union Leader about UMG Recordings v. Roy, a case in which the defendant is represented by the Consumer and Commercial Law Clinic of the Franklin Pierce Law Center in Concord, New Hampshire:

NH woman fights back against music industry

By DAN TUOHY
New Hampshire Union Leader
Monday, Jan. 26, 2009

The music industry is singing a different tune to defend against illegal downloads, targeting Internet service providers instead of end users.

But the Recording Industry Association of America says pending lawsuits, including one involving a New Hampshire woman, will move forward.

Students at Franklin Pierce Law Center are counting on it. The woman, Mavis Roy of Hudson, has called on legal clinics at the state's only law school to represent her as she fights the charges in federal court this year.

Commentary & discussion:

p2pnet.net





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/27/2009 11:23:00 AM 2 Comments Links to this post

In Capitol Records v. Thomas, which is scheduled for its second trial to take place on March 9th, the verdict from the first trial having been set aside, the defendant has received a grant of $3000 from the Expert Witness Defense Fund of the Free Software Foundation to enable her to retain an expert witness.

In the first trial, she could not afford an expert witness to rebut the expert witness used by the RIAA.

Accordingly, her attorney has made a motion for an extension of the discovery deadline.

This is the second case in which the FSF's Expert Witness Defense Fund has lent assistance, the first being UMG Recordings v. Lindor, where it granted $2046.92 to compensate the expert witness and $750.00 to compensate the technical consultant. A full report of the Expert Witness Defense Fund's receipts and disbursements as of December 31, 2008, is available here.

Memorandum in Support of Motion for Extension of Discovery Deadline

[Ed. Note. Tax deductible contributions can be made to the Free Software Foundation, specifically earmarked for the RIAA Expert Witness Defense Fund, which funds are used to help the victims of RIAA lawsuits to hire technical experts and/or consultants, here.]

Commentary & discussion:

p2pnet.net
y-net (Hebrew)

Permalink
posted by Ray Beckerman @ 1/26/2009 04:51:00 PM 5 Comments Links to this post

In the RIAA's case against Usenet.com, Inc., Arista Records v. Usenet.com, Inc., the Magistrate Judge -- in a 73 page opinion -- has partially granted plaintiffs' motion for discovery sanctions for spoliation of electronic evidence. The Court declined to consider portions of the defendants' expert witness's declaration due to the expert's failure to meet Daubert reliability standards as to those portions.

January 26, 2009, Memorandum Opinion and Order, Granting in Part, Denying in Part, Plaintiffs' Motion for Discovery Sanctions

Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/26/2009 03:22:00 PM 7 Comments Links to this post

Here is a link to the White House's contact form.

Please urge President Obama not to appoint a representative of the content cartel as "copyright czar". To do so would be a continuation of putting the 'foxes in charge of the henhouse'.

Please also make sure the White House is aware of Judge Davis's remarks in Capitol v. Thomas, calling for congressional reform to protect against outlandish verdicts against noncommercial users.

Please pass this along.

Commentary & discussion:

p2pnet.net
AgoraVox




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/26/2009 01:04:00 PM 5 Comments Links to this post

Keith Henning, a Little Rock, Arkansas, attorney who has been publishing a copyright blog called "copywrite.org", wrote a post in October in which he announced the end of of his blog.

He gave four reasons for his decision, the first three of which echoed those given by Bill Patry when he closed his blog.

The fourth reason Keith gave was this one:

4. It is really depressing. The phone calls I get are the worst. On average, I receive about one phone call every other day from someone being sued for file-sharing music. I have my response memorized. There is no good news for (usually parents of) someone getting sued by RIAA, et, al. I believe that given the right case I could win. I have a dozen arguments against these suits and a complete plan of attack ready, starting with having the record company prove they are the rightful holder of rights, that each file contained both what it purported to be and that it was a enough to be infringing, that the sharing does not equal distribution, that the collection of information equaled unlicensed private investigation, that the collection of information was without permission and equals hacking, abuse of process, etc. However, no person with anything to lose would do anything but write the $4-5k check and go on with their lives. The sadness in their voices pains me. This is the reason I didn’t do criminal law or family law or even personal tax law. I love the law, I don’t like the messiness of peoples lives. I really love IP law. If someone would give me a full time IP law teaching gig, I would likely die in that job. However, I really can’t take anymore of these calls from people being hijacked by record companies for (what is usually) their life savings, or more.

Commentary & discussion:

p2pnet.net





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/25/2009 11:38:00 AM 9 Comments Links to this post

We have just learned that Atlantic Recording v. Boyer, the Tampa, Florida, case in which the legal sufficiency of defendant's counterclaims for conspiracy to commit extortion, illegal investigations, and computer fraud, computer fraud and abuse, trespass, deceptive and unfair trade practices, declaratory judgment of noninfringement, and abuse of process had been upheld, was settled on December 1, 2008.

Notice of Settlement
December 1, 2008, order



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/23/2009 04:27:00 PM 11 Comments Links to this post

In SONY BMG Music v. Tenenbaum, the RIAA has filed its papers opposing the defendant's motion to compel the deposition of Matthew J. Oppenheim and requested that the Court award monetary sanctions under Fed. R. Civ. P. 37.

Attached to the papers is a January 21, 2009, letter in which Timothy M. Reynolds threatened Prof. Nesson with Rule 11 or Rule 37 sanctions.

Plaintiffs' Response to Defendant's Motion to Compel Deposition of Matthew J. Oppenheim
Exhibit A -- January 21, 2009, Letter of Timothy M. Reynolds Threatening Rule 11 Sanctions

Commentary & discussion:

p2pnet.net
Slashdot
TechDirt
UsefulArts.us




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/22/2009 06:17:00 PM 33 Comments Links to this post

Here is a video on NECN.com about SONY BMG Music v. Tenenbaum.

Commentary & discussion:

The Daily Swarm




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/22/2009 02:38:00 PM 2 Comments Links to this post

In SONY BMG Music v. Tenenbaum, the US Court of Appeals for the First Circuit has established a briefing schedule for the RIAA's petition for "mandamus and prohibition", and has ruled that amicus curiae briefs must be filed by 3:00 PM on January 29th.

January 21, 2009, order fixing briefing schedule

Commentary & discussion:

p2pnet.net
Slashdot




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/21/2009 05:10:00 PM 0 Comments Links to this post

Thanks to Ben Sheffner for pointing out that my previous report, that the RIAA's "inaugural ball" was attended by the Obamas, appears to have been incorrect.

Apparently the Obamas attended official balls only, and did not visit lobbyist-run events.

I guess the RIAA's calling it an "inaugural ball" was just another attempt to (a) curry favor for its monopolistic practices and/or (b) misstate the facts.



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/21/2009 12:33:00 PM 3 Comments Links to this post

According to the case opening notice issued by the United States Court of Appeals for the First Circuit in SONY BMG Music v. Tenenbaum, the defendant is not required to file papers opposing the RIAA's petition for "mandamus or prohibition" unless the Court orders him to.

Case Opening Notice




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/21/2009 10:50:00 AM 1 Comments Links to this post

In SONY BMG Music v. Tenenbaum, District Judge Nancy Gertner issued an order in which she:

-adjourned the oral argument which had been scheduled for January 22nd, which she had ruled could be televised over the internet, to February 24th, in order to give the appeals court time to fully consider plaintiffs' petition for mandamus or prohibition

-noted that Plaintiffs' petition for mandamus or prohibition raised arguments they had not made in the District Court, and

-noted that the thrust of Plaintiffs' petition related not to "whether" the proceedings should be televised, but "how"

January 20, 2009, Order Adjourning Argument to February 24th

Commentary & discussion:

p2pnet.net
Associated Press (via Forbes)
AzOz
Slashdot





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/20/2009 08:11:00 PM 1 Comments Links to this post

In SONY BMG Music v. Tenenbaum, the defendant has moved to compel Matthew J. Oppenheim to appear for his deposition.

Mr. Oppenheim is the person who has been identified by the RIAA lawyers sometimes as the "client", sometimes as the "industry representative", and sometimes as the "client representative", and on at least one occasion as "the only person who had settlement authority" for the RIAA members. He claims to be associated with an entity called "The Oppenheim Group", and has acted as attorney of record for the record companies in several proceedings in Washington, D.C.

He sat at the counsel table in Capitol v. Thomas, where he was observed at one point, by the on-scene reporter from Ars Technica, to be reading "Recording Industry vs. The People" on his laptop during the trial.

He intervened on MediaSentry's behalf in the investigative proceedings which have been taking place in North Carolina, looking into MediaSentry's having engaged in investigation of North Carolina residents without an investigator's license.

Motion to Depose Matthew Oppenheim
Memorandum of Law in Support of Motion

Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/20/2009 06:42:00 PM 23 Comments Links to this post

In SONY BMG Music v. Tenenbaum, the defendant has not opposed the RIAA's motion for a stay of the January 22nd oral argument, and has indicated it will defer to the judgment of the Court on that subject.

Defendant's Response to RIAA Motion for Stay



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/20/2009 06:35:00 PM 0 Comments Links to this post

I came across a very interesting and thorough article entitled "Anonymity and the Demands of Civil Procedure in Music Downloading Lawsuits" by Joshua M. Dickman, published in the Tulane Law Review at 82 Tul. L. Rev. 1049 (Feb. 2008).

After painstaking analysis of the procedural issues in the RIAA's "John Doe" cases, the author criticizes the reasoning of decisions such as that of Judge Swain in Atlantic Recording v. Does 1-25 which deferred the misjoinder issue, and comes to the following conclusion:

Until now, most music downloading courts have been quick to sacrifice the Does' anonymity by deferring consideration of the misjoinder question, and even quicker to sacrifice the Does' anonymity by deferring consideration of the personal jurisdiction question. But in failing to understand exactly how the Does' anonymity impacts the record companies' litigation strategy, those courts have likely cost the federal government millions of dollars. Moreover, in light of the fact that the Does are engaged in anonymous expression that is due at least some protection, there are strong arguments to be made that the record companies should be forced to file procedurally compliant lawsuits before the Does are forced to surrender their anonymity.

Permalink
posted by Ray Beckerman @ 1/20/2009 04:23:00 PM 0 Comments Links to this post

You may recall that, after the RIAA announced on December 18th that it was stopping its lawsuit campaign, and hadn't filed any new lawsuits for months, we pointed out that this was a falsehood, and identified dozens of cases filed within a week or so of the announcement, some as late as December 15th.

We have now learned that one of the people sued on December 15th has retained counsel and made a motion to dismiss the complaint, in a Pittsburgh, Pennsylvania, case Atlantic Recording v. Williams.

The defendant, Jerome Williams, is represented by Elizabeth A. Farina of the well regarded Pittsburgh litigation firm Swensen Perer & Kontos.

Complaint
Defendant's Memorandum of Law in Support of Motion to Dismiss Complaint

Commentary & discussion:

p2pnet.net





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/20/2009 02:06:00 PM 2 Comments Links to this post

Over the years, I haven't talk much about "settlement" with the RIAA, since their scorched earth policies, and their attorneys' self-serving tactics, have not been conducive to the normal give-and-take and compromise to which most of us litigation practitioners are accustomed.

But, in the wake of the December 19th announcement that the RIAA is folding up its tents, and the January 4th announcement that the RIAA and MediaSentry have parted company, and in view of the cessation of some of the "John Doe" cases, we may be in a time of changing circumstances, and I think it advisable that we take stock of the current circumstances in advising our clients.

1. It is important to advise our clients whose identities have not yet been turned over of the instances in which the RIAA has dropped "John Doe" cases lately, prior to receiving the sought after "discovery". In BMG v. Does 1-14, for instance, 2 of the 14 defendants had "settled" when the case was dismissed. They probably could have avoided making those payments had they sat tight.

2. It is important for us to recognize that the settlement decision-making authority may have passed from one person or persons to others. Meanwhile the Holme Roberts & Owen lawyers who are actually handling the settlement "negotiations" are continuing their self-serving strategy of trying to keep as many of the cases going as possible by making settlement as difficult as possible. In such a climate, I strongly recommend that every practitioner who is representing a client interested in settling put a settlement offer in writing, either by letter or by email, to guarantee that it gets transmitted without embellishment to the decision-maker(s). The HRO lawyers will ALWAYS try to do it with a telephone call. For you to rely on telephone conversations would be a mistake.

Previous practice tips



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/20/2009 11:10:00 AM 0 Comments Links to this post

Here's an article I wrote about the internet television issue in SONY BMG Music v. Tenenbaum for the website on internet TV, IPTV Evangelist:

"RIAA Fights Tooth and Nail to Prevent iTV Telecast of Legal Proceeding"



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/18/2009 11:47:00 PM 4 Comments Links to this post

Thanks to the UK IP law blog "IPKat" for bringing this to my attention.

The Open Rights Group in Europe has posted an interesting video on the Big 4 record labels' attempt to put over a copyright term extension act in Europe. It's posted here:

"Come to Brussels and demand sound copyright".



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/18/2009 06:02:00 PM 1 Comments Links to this post

It appears that 7 students at the University of Michigan can breathe a little easier now. We have just learned that the RIAA's "John Doe" case targeting University of Michigan students, LaFace Records v. Does 1-7, has been dropped, without any subpoenas or ex parte discovery order having been granted.

This makes the third such case of which we are aware, the other two being Arista v. Does 1-22, targeting Rhode Island College students, and BMG Music v. Does 1-14, targeting students at North Carolina State and UNC-Charlotte.

We have no information as to whether this news is or is not related to the 3 investigative proceedings before Michigan's Department of Labor and Economic Growth regarding MediaSentry's practice of investigation without an investigator's license.

Notice of Dismissal

Commentary & discussion:

Ars Technica
IP Watchdog
p2pnet.net





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/18/2009 11:39:00 AM 5 Comments Links to this post

You may recall that the RIAA recently dropped its "John Doe" case against Rhode Island College students, where the ISP was located in Austin, Texas, in Arista Records v. Does 1-22, without getting its "ex parte discovery order".

We have learned of it dropping another "John Doe" case, this one in Greensboro, North Carolina, targeting students at NC State and UNC Charlotte, again without getting its "ex parte discovery order", BMG Music v. Does 1-14.

2 of the defendants had settled with the RIAA. The other 12 will now never be identified. 4 of the 12 were represented by Steve Robertson and his firm, Robertson & Medlin, of Greensboro, North Carolina, the same lawyers representing a group of NC State students in Raleigh, NC, in John Doe cases and in regulatory proceedings against MediaSentry.

The internet service provider, Shenandoah Telecommunication Company, had moved to quash the subpoena in question last year, but its motion had been denied.

Notice of Voluntary Dismissal

Commentary & discussion:

Slashdot
Sir Arthur's Den





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/17/2009 03:20:00 PM 5 Comments Links to this post

In SONY BMG Music v. Tenenbaum, the RIAA has filed a petition for "Writ of Mandamus or Prohibition" with the United States Court of Appeals for the First Circuit to stop the televising of the January 22nd argument, authorized by District Judge Nancy Gertner.

Additionally it has made a motion for expedited consideration of the motion or for a stay.

Petition for Writ of Mandamus or Prohibition
Motion for expedited consideration or stay

[Ed. note. In my experience it's pretty bizarre to call it a writ of "mandamus or prohibition". They apparently don't know which it is. Had they been paying attention in law school they would know that it is a writ of prohibition. -R.B.]

Commentary & discussion:

p2pnet.net
Groklaw
Slashdot
p2pnet.net
ZDNet
IPTV Evangelist
TechDirt
Copyrights & Campaigns
Heise Online (German)
BuzzMag.cz (Czech)
Online Daily Examiner
Sterling Agog



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/17/2009 11:30:00 AM 26 Comments Links to this post

In Maverick Recording v. Harper, the San Antonio, Texas, case in which the Judge granted summary judgment to the RIAA, but found that the "innocent infringement" defense required a trial, both sides have appealed.

Defendant's Notice of Appeal
Plaintiffs' Notice of Appeal

[Ed. note. It is unclear what basis the RIAA would have to appeal, since the Court gave the RIAA the opportunity for a trial, and the RIAA opted instead to accept $200 per song file. Normally a party cannot appeal from its own voluntary act.]

Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/16/2009 07:29:00 PM 6 Comments Links to this post

In SONY BMG Music v. Tenenbaum, the RIAA has filed a notice of appeal from the Court's interlocutory order allowing the January 22nd oral argument to be televised over the internet.

Additionally, it has filed a motion for stay addressed to Judge Gertner.

Notice of appeal
District Court Motion for Stay

[Ed. note. I am not familiar with the procedure the RIAA employed. As far as I know, they were not allowed to file a notice of appeal from an interlocutory order. If anyone out there has any contrary information for me, I would be pleased to hear it. I gather from their papers that they are also filing a writ of prohibition in the First Circuit, but I haven't seen it, and I don't understand the filing of the notice of appeal. -R.B.]

Update 1/17/09, 12:40 PM EST: See also "RIAA Files Writ of "Mandamus or Prohibition" with 1st Circuit Court of Appeals in SONY BMG Music v. Tenenbaum".

Permalink
posted by Ray Beckerman @ 1/16/2009 05:24:00 PM 12 Comments Links to this post

In defense of its outlandish damages demands, the RIAA has worked on the assumption that each download for which it hasn't been paid is a lost sale.

One of the fallacies in this argument has been exposed by the district court decision in USA v. Dove, denying a motion for restitution.

Any practitioner litigating the constitutionality of the RIAA's damages theories should go over USA v. Dove, and the authorities it discusses, with a fine toothed comb.

Previous practice tips




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/16/2009 02:15:00 PM 1 Comments Links to this post

Thank you to "an anonymous friend" for bringing this case to my attention.

In the context of a restitution motion, in United States of America v. Dove, the RIAA's "download equals lost sale" theory has been flatly rejected.

In a 16-page opinion, District Judge James P. Jones, sitting in the Western Disrict of Virginia, denied the RIAA's request for restitution, holding the RIAA's reasoning to be unsound:

It is a basic principle of economics that as price increases, demand decreases. Customers who download music and movies for free would not necessarily spend money to acquire the same product. Like the court in Hudson, I am skeptical that customers would pay $7.22 or $19 for something they got for free. Certainly 100% of the illegal downloads through Elite Torrents did not result in the loss of a sale, but both Lionsgate and RIAA estimate their losses based on this faulty assumption.

.....

...... Those who download movies and music for free would not necessarily purchase those movies and music at the full purchase price.......see Hudson, 483 F.3d at 710 (expressing doubt that a customer who purchased $86,000 worth of counterfeit Microsoft products would have paid the full purchase price of $321,000 for the same number of copies of the legitimate version)........

RIAA cites United States v. Chay, 281 F.3d 682 (7th Cir. 2002), as support that the MVRA applies in this case. The defendant in Chay sold counterfeit versions of newly released computer games on eBay and other internet auction sites. Id. at 684. The defendant pled guilty, and the court ordered him to pay $49,941.02 in restitution to the 52 victim companies, which was the amount of his gross receipts from the sale of pirated computer games. Id. The Seventh Circuit upheld the amount of the restitution award, reasoning that it was not an abuse of discretion for the district court to find the defendant’s gross receipts approximated the victims’ losses. The method of ascertaining loss used in Chay is inapplicable to this case because neither the government nor the victims have made any attempt to put a value on Dove’s gain. Also, a defendant’s gain does not always mirror the victims’ loss. See Chalupnik, 514 F.3d at 754.

......

....The government admits that “there is no direct evidence that each unlawful distribution of an RIAA member company’s album through the Elite Torrents network diverted a sale from that company,” but insists that “the circumstantial evidence supporting RIAA’s conservative estimate of actual losses is strong.” Id. at 3. However, although it is true that someone who copies a digital version of a sound recording has little incentive to purchase the recording through legitimate means, it does not necessarily follow that the downloader would have made a legitimate purchase if the recording had not been available for free.

......

......RIAA’s request problematically assumes that every illegal download resulted in a lost sale. .....

.....

The cases cited by the government and RIAA offer many alternative measurements of actual loss other than diverted sales, yet all interested parties have failed to bring sufficient evidence of loss under any theory. There has certainly been some harm to the victims, but without more accurate estimates from the victims it would be very difficult to arrive at an accurate and fair number for a restitution award. The government and the victims who have come forward have failed to meet their burden of proof as to actual loss under § 3664(e). This failed attempt has demonstrated that although there was an injury to the market, as in Chalupnik, the difficulty of determining each victim’s actual loss makes the collective injury inappropriate for MVRA restitution. 18 U.S.C.A. § 3663A(c)(3).

Commentary & discussion:

p2pnet.net
ZDNet
Slyck
gulli (German)
CDFreaks.com
Ars Technica
ShortNews.com
Online Media Daily
Slashdot




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/16/2009 11:45:00 AM 8 Comments Links to this post

District Judge Nancy Gertner has granted so much of the defendant's motion as sought to televise, over the internet, the January 22, 2009, oral arguments of the parties' motions concerning the defendant's counterclaims, in SONY BMG Music v. Tenenbaum.

The ruling does not address the issue of televising subsequent proceedings, including the trial.

This is believed to be the first time that proceedings in an RIAA case will be televised. (If anyone has any contrary information, please let me know.).

CVN will “narrowcast” the audio-visual coverage to the website of the Berkman Center for Internet and Society, which will make the recording publicly available for all non-commercial uses via its website.

The argument will be on Thursday, January 22nd, at 2:00 p.m.

Judge Gertner questioned the reason for plaintiffs' objection:

While the Plaintiffs object to the narrowcasting of this proceeding, .... their objections are curious. At previous hearings and status conferences, the Plaintiffs have represented that they initiated these lawsuits not because they believe they will identify every person illegally downloading copyrighted material. Rather, they believe that the lawsuits will deter the Defendants and the wider public from engaging in illegal file-sharing activities. Their strategy effectively relies on the publicity resulting from this litigation.

Nothing in the local rules of the District Court of Massachusetts, the policies of the Judicial Council for the First Circuit, life, or logic suggests that this motion should be denied. As Judge Weinstein noted: “No reason has been suggested to depart from the policy that, in general, the public should be permitted and encouraged to observe the operation of its courts in the most convenient manner possible, so long as there is no interference with the due process, the dignity of the litigants, jurors, and witnesses, or with other appropriate aspects of the administration of justice." .....

Much like the proceedings before then-Judge Alito and audiovisual coverage of legal arguments in Courts of Appeals around the country, the district court hearing now at issue involves only legal argument. Moreover, coverage will be “gavel to gavel” -- streaming a complete recording of the hearing to a publicly available website -- not edited for an evening news soundbite. The public benefit of offering a more complete view of these proceedings is plain, especially via a medium so carefully attuned to the Internet Generation captivated by these filesharing lawsuits.

Commentary & discussion:

p2pnet.net
Boston Globe
p2pnet.net
Chronicle of Higher Education
Excess Copyright
Slashdot
Reporters' Committee for Freedom of the Press

Permalink
posted by Ray Beckerman @ 1/14/2009 05:44:00 PM 25 Comments Links to this post

Came across this interesting article in p2pnet.net:

Dtecnet, the new RIAA Black Hole



p2pnet news view | RIAA News:- The couple [pictured above] make a dodgy looking duo, don’t you think?

Almost like a photo from a police blotter.

Hard-core file sharers for sure and they’re also the stars of a moribund Hollywood anti-P2P effort organised by Dtecnet, a Danish company created to cash in on corporate entertainment industry attacks on their own customers.

As p2pnet reported many moons ago, Dtecnet’s chairman was (and still is, for all we know) Johan Schluter, a member of the Big Music record label cartel’s IFPI (International Federation of the Phonographic Industry).

Not only but also, the Danish Anti-Piracy Group’s Niels Bo Jorgensen was, and probably still is, a board member.

Now it’s a BS-slinger for Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA, stepping into the black hole left by MediaSentry, the desperately inept online scalp-hunter recently fired by the Big 4 extortion unit.

Permalink
posted by Ray Beckerman @ 1/14/2009 04:19:00 PM 3 Comments Links to this post

The defense team in SONY BMG Music v. Tenenbaum, which consists of Prof. Charles Nesson and a number of law students working under his supervision, has set up a web site: Joel Fights Back. The URL is : http://joelfightsback.com/

Commentary & discussion:

p2pnet.net




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/14/2009 01:15:00 PM 2 Comments Links to this post

Rather than proceed further in Austin, Texas, the RIAA withdrew its subpoena directed to Austin-based internet service provider Apogee Telecom, and discontinued its "John Doe" case, in Arista Records v. Does 1-22, a case targeting students at Rhode Island College.

In Arista Records v. Does 1-22, the RIAA brought an ex parte discovery motion in Providence, Rhode Island. The judge granted their order. Because the college was not the ISP, however, and because the ISP was a company located in Austin, Texas, Apogee Telecom Inc., the RIAA was required to go to the Court in Austin, Texas, in order to obtain a subpoena.

Upon receipt of the subpoena, however, Apogee -- instead of complying and turning over the names of the "John Does" -- filed objections to the subpoena.

At that point, the RIAA would have been required to go to court in Austin to obtain a ruling on the objections. (The Austin court is the court which, four years ago, ordered the RIAA to cease and desist from its practice of joining multiple John Does in a single case, a practice which the RIAA continued despite the November, 2004, order, and was using in this very case.)

Instead, the RIAA withdrew the subpoena, and voluntarily dismissed its case.

January 7, 2009, Letter Withdrawing Subpoena
Notice of Dismissal Without Prejudice

Commentary & discussion:

Slashdot
p2pnet.net
Slyck
Austinist





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/13/2009 07:10:00 PM 8 Comments Links to this post

In SONY BMG Music v. Stade, a Rochester, New York, case, against a student who had been studying abroad in Croatia at the time of service of the summons and complaint, the RIAA has changed its position.

After first forcing the defendant's lawyer to make a motion to vacate default, the RIAA lawyers then relented, deciding not to oppose the motion.

Their motion for a default judgment was denied, and the motion to vacate granted.

Order granting motion to vacate default

[Ed. note. How characteristic of Holme Roberts & Owen to force the defendant's lawyer to prepare a completely unnecessary set of motion papers. They are a disgrace to the legal profession. -R.B.]

Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/13/2009 02:43:00 PM 2 Comments Links to this post

It was reported by the Washington Post that President-elect Obama is likely to appoint Julius Genachowski to head the Federal Communications Commission. This appears to bode well for a forward-looking internet policy, since Genachowski is credited with running Obama's internet-based election campaign, and, according to 'Fierce Telecom', 'has an impressive record working with technology and communications companies: He was Chief of Business Operations at InterActiveCorp; he's co-founder of Rock Creek Ventures, which currently backs 11 internet-based start-ups, and he's also served on the boards of numerous technology and new media companies, including The Motley Fool, Web.com, Truveo, and Rapt'.

Commentary & discussion:

Slashdot




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/13/2009 11:41:00 AM 0 Comments Links to this post

Just came across an amazing web site called "Lucid Culture", which is mostly about the arts, with an emphasis on live music in the New York City area. But it also has a wealth of interesting articles and reviews on all kinds of things.

In describing their mission, the folks at Lucid Culture had an interesting comment on today's music scene:

Why the focus on live music, as opposed to recordings? At this point in history, with the internet enabling independent artists to sell directly to the public, the major labels will soon be finished (at least as far as new product is concerned). Likewise, the majority of the indie labels will soon be toast (although there are a few speciality labels who seem certain to continue to thrive). For these reasons, live shows are where pretty much everything is happening right now. By all means, please continue to support your favorite independent bands and artists by purchasing their albums (and please refrain from putting their stuff up online where any moron can download it for nothing).

Permalink
posted by Ray Beckerman @ 1/10/2009 09:03:00 PM 6 Comments Links to this post

In response to the Judge's ruling that the defendant should have to pay plaintiffs' attorneys fees in connection with a previous discovery dispute, in Atlantic Recording v. Raleigh, the RIAA has submitted a "statement of expenses" seeking $3,853.80.

Interestingly,

-of the 15.45 hours claimed, only 2.0 hours, all put in on one day, were put in by local counsel; the other 13.45 hours were put in by a first year associate from Holme Roberts & Owen, in Denver, Colorado;

-the hourly rate for the first year associate was $235; and

-the hourly rate for the fifth year associate employed by local counsel was $346.28.

Plaintiffs' statement of expenses
Shane Cross declaration
John Ryan declaration



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/09/2009 11:37:00 AM 4 Comments Links to this post

In the St. Louis case, Atlantic Recording v. Raleigh, where a class action has been commenced by counterclaims, the RIAA has moved to dismiss the counterclaims.

Every ruling in the Raleigh case, to date, has been in favor of the RIAA.

Plaintiffs' memorandum of law in support of motion to dismiss counterclaims

Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/09/2009 11:33:00 AM 1 Comments Links to this post

In a Massachusetts case, UMG Recordings v. Briggs, the RIAA served a summons and complaint on the defendant on December 26, 2008, some 8 days after its announcement that it was ending its litigation campaign.

Declaration of Service

Commentary & discussion:

TechDirt
p2pnet.net





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/09/2009 11:28:00 AM 7 Comments Links to this post

An anonymous correspondent has written to us, indicating that the German company "Digiprotect", which engages in RIAA-style tactics on a contingent basis in Europe, is now operating in the United States.

If you have any information on Digiprotect demanding "settlements" from US residents, I would appreciate your letting me know about it, either by submitting a comment to this post, or by email.

(In case you want to find out a little bit more about exactly what Digiprotect is, you might want to start with this report by Jon Newton of p2pnet.net.)

Thanks.

-R.B.

Commentary & discussion:

p2pnet.net




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/09/2009 09:05:00 AM 0 Comments Links to this post

Good article in the always informative and well written "DISC & D.A.T." by Steve Meyer, a digital music guru. [CAVEAT: Steve writes his column weekly and is morally opposed to "permalinks", since he feels a week is enough time for his stories to be available. So if you go to the provided link a week from now it will take you to a new and different story]:

THE RIAA WAVES A WHITE FLAG...KINDA' SORT OF
"Mistakes can be made"

.....

In my last issue for 2008 I wrote, "If there is any sanity left in the executive corridors at record labels, 2009 will finally be the year that someone finally says "Enough is enough." and goes on a campaign to stop the RIAA from wasting millions in lawsuits and in lobbying efforts (translation: lots of expensive dinners in great restaurants and all the rest) and forces the association to do something to justify their existence as CD sales decline further. If you think our federal government wastes money you're right. If you don't think the RIAA wastes money, you're living on another planet."

No sooner had I written that and sent out the newsletter to everyone, when I received a news alert from The Wall Street Journal with the headline 'Music Industry to Abandon Mass Suits.' Maybe many of you read this news elsewhere during the holidays.

.......

When I first got the news alert I thought this might be the beginning of some sanity on the RIAA's behalf. But if the RIAA thinks for one second that ISPs are going to threaten their customers or hand over any information about the millions who download, they are quite delusional. Any ISPs doing so risk losing subscribers in mass quantities. Yes, there will be efforts to do something, but as Bob Dylan sang a long time ago "all and all will only fall with a crashing but meaningless blow."

Permalink
posted by Ray Beckerman @ 1/09/2009 08:25:00 AM 2 Comments Links to this post

After having both its motions for default judgment denied, in Atlantic Recording v. Brennan, the RIAA has filed a notice of voluntary dismissal.

Although the notice states it is "without prejudice", under the federal rules a second voluntary dismissal operates as an adjudication on the merits.

This would constitute the second voluntary dismissal, the first being in the "John Doe" case in which it obtained the defendant's name and address.

Atlantic v. Brennan was the first case, of which we are aware, in which a court explicitly rejected the RIAA's "making available" theory. That decision, handed down February 13, 2008, is reported at 534 F. Supp.2d 278. It preceded the decisions in Elektra v. Barker, London-Sire v. Does 1-4, Atlantic v. Howell, and Capitol v. Thomas.

Notice of Dismissal

Commentary & discussion:

p2pnet.net
Slashdot
Ars Technica




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/08/2009 04:30:00 PM 8 Comments Links to this post

In Capitol Records v. MP3Tunes.com, Inc., EMI has filed its reply papers responding to MP3Tune's opposition papers, in further support of its motion to dismiss counterclaims, and for an order staying discovery into the subjects of the counterclaims.

Plaintiffs' Reply Memorandum of Law


Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/08/2009 04:30:00 PM 2 Comments Links to this post

The defendant's motion for internet television coverage of the trial and other proceedings in SONY BMG Music v. Tenenbaum is scheduled for oral argument in a telephone conference call on January 13th. The RIAA lawyers asked for an extension of time to respond to the motion, which the Judge apparently granted only partially.

The Court's docket entry is as follows:

Judge Nancy Gertner: Electronic ORDER entered granting in part and denying in part Motion for Extension of Time to File Response/Reply re MOTION Allows Courtroom View Network to Provide Coverage of Proceedings Over the Internet. "Plaintiff's Motion for Extension of Time is GRANTED but only until 1/12/09. The Court will hold a telephonic argument on the Motion to Provide Coverage of Proceedings on 1/13/09 at 2:00pm. Counsel shall coordinate with each other to call the Court on a single conference line at the appointed time; they should dial in to [Court]. If necessary, the Court will permit supplemental briefing following the telephonic argument."

Commentary & discussion:

Punto Informatico (Italian)



Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/07/2009 02:50:00 PM 11 Comments Links to this post

Thought some of my readers might find interesting the article I wrote for the January 2009 issue of the "Journal of Internet Law", providing my overview of some of the important online digital copyright law developments in 2008:

Content Holders vs. the Web: 2008 US copyright Law
Victories Point to Robust Internet

By Ray Beckerman

The advent of digitalization and the Internet has shaken the foundations of the large recording and filmmaking corporations, whose wealth is measured in the ownership of intellectual property. Technology has simply erased the barriers to entry that once restricted content creation to the few and, in doing so, has eroded their monopoly position.

The Big 4 recording companies, once considered necessary to the success of musical artists, are seeing their monopoly position erode as performers now find themselves able to market their music directly to the entire world, either without the use of middlemen at all or by selecting middlemen who are numerous and who must compete for their business.

The Big 6 motion picture studios, once considered necessary to the success of film makers, are now on the losing end of a competition with everyday people, many of them teenagers, who are creating user-generated content at a dizzying rate, armed with no more than an inexpensive digital camera, videocam, or even a video-capable cell phone. These budding filmmakers likewise have access to the entire world, and for free.

Having been unable to find the key to marketing their vast treasure troves of sound recordings and motion pictures on the Internet, the 10 content owners have launched a litigation campaign the likes of which the world has never seen, arguing in every case for the most expansive possible interpretation of the US Copyright Act.

2008 has not been kind to their arguments, however, as the courts have adhered to a strict construction of the Copyright Act, both its traditional sections and the Digital Millennium Copyright Act (DMCA), designed to enable the United States to participate in a robust worldwide Internet.

Commentary & discussion:

p2pnet.net





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/07/2009 01:39:00 PM 1 Comments Links to this post

(Thanks to faithful reader Randy Kruger for bringing this decision to my attention:)

In a case in Los Angeles, UMG Recordings v. Veoh Networks, UMG's motion for summary judgment has been denied.

Veoh operates an internet-based service that allows users to share videos with others, free of charge.

UMG moved for partial summary judgment determining that Veoh was not entitled to the "safe harbor" afforded by the Digital Millennium Copyright Act. District Judge A. Howard Matz, of the Central District of California, located in Los Angeles, disagreed.

Four months earlier, Veoh had won another case -- also on DMCA grounds -- brought by a company named Io Group.

December 29, 2008, Decision Denying Plaintiffs' Summary Judgment Motion

Commentary & discussion:

Electronic Frontier Foundation
p2pnet.net

Permalink
posted by Ray Beckerman @ 1/06/2009 07:18:00 PM 1 Comments Links to this post

Just read a report in NationalJournal.com that Thomas Perrelli, a lawyer at Jenner & Block, will be appointed Associate Attorney General:

Music Industry Lawyer Tapped For DOJ Post

One of the nation's leading media and entertainment lawyers -- and a court crusader for the recording industry -- is President-elect Barack Obama's choice for associate attorney general. The announcement about the appointment of Tom Perrelli, currently managing partner of Jenner & Block's Washington, D.C. office and co-chair of the firm's entertainment and new media practice, was made Monday along with picks for several other Justice Department posts.

Commentary & discussion:

Slashdot
p2pnet.net





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/06/2009 06:24:00 PM 11 Comments Links to this post

Legal Blog Watch has an interesting article about "twittering from the courtroom":

More Twittering From the Courtroom

Last May, we wrote here about Ron Sylvester, the Wichita Eagle reporter who was covering a capital murder trial through a series of Twitter posts -- each capped at 140 characters. At her blog Deliberations, lawyer Anne Reed called Sylvester's work "Twitter journalism." Now, he is at it again. Earlier this week, a judge in Boulder, Colo., dismissed the objections of prosecutors and defense lawyers in a child-abuse case and ruled that Sylvester will be permitted to post from the courtroom to his blog and to Twitter.

Permalink
posted by Ray Beckerman @ 1/06/2009 03:36:00 PM 0 Comments Links to this post

The adjourned Rhode Island hearing in SONY BMG Music v. Tenenbaum, over the RIAA's attempt to compel production of Mr. Tenenbaum's parents' computer, is going forward tomorrow, January 6th.

The hearing is scheduled for 2:00 PM at the Federal Building and Courthouse, One Exchange Terrace, Providence, RI 02903 in Courtroom A, before Magistrate Judge Lincoln D. Almond.

Plaintiffs' motion to compel
Exhibit A
Hearing Notice
Rescheduled hearing notice
Defendant's opposition to motion to compel
Affidavit of Judie Tenenbaum

[Ed. note. We are advised that the defendant's lawyer, Prof. Charles Nesson, will be bringing with him his core legal team of students working on the case, and some representatives from his winter Evidence class at Harvard Law School, that more information about the case is available at http://blogs.law.harvard.edu/cyberone/riaa/, that press interviews will be conducted immediately after the hearing, and that there are real time updates on twitter: www.twitter.com/joelfightsback. ]

9:31 PM Twitter update: decision reserved

Commentary & discussion:

Digital Music News
Punto Informatico (Italian)

Permalink
posted by Ray Beckerman @ 1/05/2009 10:40:00 AM 3 Comments Links to this post

Came across a thoughtful article on p2pnet.net appraising the RIAA's tactics:

P2P Minnows and RIAA Sharks

p2pnet news view P2P | RIAA News:- “All we want are the facts” is a catch-line made famous by TV cop Joe Friday in the Dragnet series.

At the start of 2009, that’s all we want - and we want them from Vivendi Universal (France), Sony BMG (Japan and Germany), EMI (Britain), and Warner Music (US) and their RIAA (Recording Industry Association of America).

But the chances of getting them are about as real as the chances of the Big 4 suddenly waking up to smell the roses.

There is one indisputable fact, though:

The mass sue ‘em all campaign, run by Mitch and Cary and the other spinsters over at the RIAA, isn’t being halted because the executives who run the Big 4 have finally come to their senses, realising suing music lovers isn’t the best way to win customers and generate good will.

Permalink
posted by Ray Beckerman @ 1/05/2009 09:49:00 AM 0 Comments Links to this post

The Wall Street Journal has obtained confirmation of the story previously mentioned by p2pnet.net that the RIAA has dropped MediaSentry:

RIAA Drops MediaSentry

By SARAH MCBRIDE

In another sign of the music industry's recently announced retreat from a five-year-old antipiracy strategy, the Recording Industry Association of America has dumped the company it used to help it gather evidence for mass lawsuits it filed against people it claimed were illegally uploading copyrighted music.

The RIAA long used a company called MediaSentry to troll the Internet in search of people who uploaded large amounts of music. The information that MediaSentry collected became an integral part of the RIAA's aggressive litigation campaign. Since 2003, the RIAA—a trade organization representing Vivendi SA's Universal Music Group, Sony Corp.'s Sony BMG Music Entertainment, EMI Group Ltd. and Warner Music Group Corp.—has sued around 35,000 people for what it says are illegal music uploads.

Now the RIAA will be rid of a company that became a frequent target of civil-rights advocates and others who complained that the RIAA's legal tactics were excessive. MediaSentry is a unit of closely held, Belcamp, Md.-based SafeNet Inc.

Commentary & discussion:

p2pnet.net
FutureZone.orf.at (German)
Slashdot
Chronicle of Higher Education
TorrentFreak




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/04/2009 04:44:00 PM 9 Comments Links to this post

According to a tantalizing 'unconfirmed' report in p2pnet.net, it appears that the RIAA has jettisoned MediaSentry (now known as SafeNet) as its 'investigator'.

MediaSentry has, of course, come under heat in a number of different states for the fact that it was 'investigating' without an investigator's license and invading people's privacy.

Earlier this year it was found to have made diametrically conflicting written statements to 2 different tribunals within 30 days of each other, in 1 denying that it was an 'expert witness', in another claiming that it was an 'exert witness'.

If the report is accurate, the termination comes at an interesting time, since MediaSentry's investigator is the plaintiffs' only fact witness to prove copyright infringement in Capitol Records v. Thomas, which is now headed for a retrial on March 9th. If he does take the stand, the reasons for his company's termination will be fair game for cross examination.

One also has to wonder if it's in any way connected to the puzzling enigma of the New York Attorney General's alleged involvement in the RIAA's recent Wall Street Journal announcement that it would be reducing its p2p file sharing cases to a trickle."

Commentary & discussion:

p2pnet.net (Original source of story)
Slashdot
TechSpot
p2pnet.net





Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/02/2009 12:35:00 PM 4 Comments Links to this post

On December 19th it was announced by the Wall Street Journal that the New York State Attorney General had brokered some sort of tentative agreements between the 4 major record companies and the internet service providers and that because of this they were no longer going to sue end users except for large uploaders.

Thereafter:

-the part of the announcement which stated that the RIAA had stopped bringing mass litigations in early Fall was shown to be false;

-IP Watch was unable to get confirmation of any agreements with ISP's;

-Digital Music News was unable to get confirmation of any agreements with ISP's and I indicated my curiosity about the AG's involvement:

I am also waiting to see what confirmation journalists will be able to obtain regarding
(1) the alleged involvement of the New York State Attorney General in brokering the phantom agreements,
(2) what New York law(s) the AG was enforcing,
(3) what violation(s) of New York law the AG was investigating, and
(4) what kind of agreement the AG made with the record companies.

Over the summer, New York State Attorney General Andrew Cuomo began brokering an agreement between the recording industry and the ISPs that would address both sides' piracy concerns. "We wanted to end the litigation," said Steven Cohen, Mr. Cuomo's chief of staff. "It's not helpful."

As the RIAA worked to cut deals with individual ISPs, Mr. Cuomo's office started working on a broader plan under which major ISPs would agree to work to prevent illegal file-sharing.

Commentary & discussion:

p2pnet.net




Keywords: lawyer 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 portable music player

Permalink
posted by Ray Beckerman @ 1/01/2009 09:53:00 AM 9 Comments Links to this post