Friday, April 30, 2010

Orders denying motion to quash affirmed in SUNY Albany case, Arista v Does 1-16

In the case targeting students at the State University of New York in Albany, Arista Records v. Does 1-16, the US Court of Appeals for the Second Circuit has affirmed the orders of the lower court denying a motion to quash.

The appeals court held that the order was appealable, but rejected John Doe #3's arguments that :

-the district court was without authority to refer the motion to the Magistrate Judge;
-the complaint failed to state a claim for copyright infringement;
-the "fair use" defense barred plaintiffs' case; and
-the papers submitted in support of the RIAA's ex parte motion were too vague.

April 29, 2010, decision of US Court of Appeals, Second Circuit

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

Wednesday, April 21, 2010

Interview: Twitter Millionaire Zoe Keating @ZoeCello on the Value of True Fan Connections

Great article in Music Think Tank on the 'business model' of famed cellist Zoe Keating:

What unsigned artist wouldn’t kill to have 1.4 million Twitter followers?

As the old channels die out, social media is where music fans are gathering. Yet musical artists who aren’t celebrities have little choice but to grow their online fanbases much in the same way that they build audiences on tour: by working hard, being there and showing individual fans that they value their support on a personal level.

The story is no different for Zoe Keating. The classically trained, experimental cellist even has it a bit tougher, given her chosen medium: one-woman instrumental composition with cello and computerized loops.

Complete article


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

Wednesday, April 14, 2010

p2pnet: Online "copyright" extortion scam

This article in p2pnet.net describes an online extortion scam imitating the RIAA and MPAA.


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

Tuesday, April 13, 2010

Amicus brief filed by group of organizations on behalf of YouTube in Viacom v YouTube

In Viacom v. YouTube, a number of organizations have filed an amicus curiae brief on behalf of YouTube, in support of its defense based on the Digital Millennium Copyright Act.

The filing organizations are the

American Library Association
Association of College and Research Libraries
Center for Democracy and Technology
Computer and Communications Industry Association
Electronic Frontier Foundation
Home Recording Rights Coalition
Internet Archive
Netcoalition and
Public Knowledge

The brief starts out:

As is now abundantly evident, the Internet has grown into an unprecedented, global, accessible, vibrant platform for free speech and creative expression. Never before have so many citizens been able to reach an audience across so many mediums, at such low cost. All of this activity depends in turn upon a thriving marketplace of service providers—including YouTube, MySpace, Facebook, Blogger, and Flickr, to name a few—providing inexpensive (or free) public fora for speech and innovation. Changes to the legal climate for these service providers can have profound consequences for the future of free expression online. Thus, proper interpretation of copyright laws as applied to online service providers is a matter of crucial public interest.

Amicus Curiae brief of American Library Association, et al

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