Items tagged "Piracy"

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LimeWire Liable for Inducement, Vicarious Copyright Infringement

May 12, 2010 Enforcement , Filtering , P2P , Piracy , RIAA

Today, a federal district court in New York found LimeWire liable for inducing copyright infringement and vicarious copyright infringement. The court’s decision, at least on those aspects of the case, may not be terribly surprising, given the precedent set in earlier cases like Grokster, Aimster, and Napster. But a few details of the court’s ruling deserve further mention.

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FCC Throws Hollywood a Bone. Kill Switch: Activate!

May 7, 2010 Piracy , SOC

It looks like the Media Bureau decided to do the MPAA a solid–the media industry now has the power to deactivate part of your TV remotely.

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UPDATE: Take ACTION! Tell the Federal Government What You Think of Copyright Enforcement

March 23, 2010 ACTA , Fair Use , Patent , Piracy , Trademark

UPDATE: The deadline for comments passed at 5 p.m. today.

As John noted not too long ago, the new Intellectual Property Enforcement Coordinator has asked for your opinions on how the various government agencies involved with IP enforcement should go about doing their jobs—what harms of infringement should be addressed, and what changes in policies, regulations, and even the law, need to be made so that we can have a workable and effective national enforcement policy.

We want to make sure that enforcement efforts aren't so broad and indiscriminate that they target fair uses of copyrighted works, or use draconian tactics that will cut off Internet access for those merely accused of infringement. We also want to make sure that changes to enforcement policy and IP law are made in open forums, not in secretive agreements like the proposed Anti Counterfeiting Trade Agreement.

If you'd like to send your thoughts to the nation's first "IP enforcement czar," have a look at the request for comments and send in an email. Or, if you like, you can use our action alert form here.

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UPDATED: Music Labels Ask Blogs to Post Songs to Promote Artists, Ask Google to Erase Blogs for Post

February 11, 2010 DMCA , Fair Use , Filtering , Network Neutrality , Piracy

Today's news that Google shut down music blogs that were accused of copyright infringement is rightfully getting plenty of coverage. Mostly, it is being held up as another in a long line of examples of problems with the DMCA notice-and-takedown system. This is a great example of a problem with the DMCA because, at least according to The Guardian, the notices that Google relied on to delete the blogs were woefully incomplete. Google should not have acted until it had proper notices from rights holders, including the name of the actual work allegedly infringed. Since many of the notices did not even include this information, there was no way for the bloggers to file a DMCA counternotice. For an update on the DMCA part of this story, check out Wired and Google's own post. Of course, the DMCA confusion does a great job of illustrating the points about filtering below.

It is important that this story is being used to point out problems with the DMCA, and with Google's policies for dealing with DMCA complaints. how complicated DMCA implementation can be. What it equally important, if less commented on, is what it can tell us about copyright filtering.

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U.S. Government Denies that ACTA Mandates Filtering or Three Strikes, But Questions On its Contents

February 10, 2010 ACTA , Filtering , Piracy , Three Strikes , USTR

On Monday, the New York Times added to the increasing media scrutiny of ACTA, the Anti Counterfeiting Trade Agreement. This proposed international agreement, which has the potential to drastically change the landscape of copyright law and policy, still remains hidden from the public eye.

Given this lack of transparency, it's no surprise that the substance of the agreement can only be discussed by way of leaks, speculation, and warring sound bites. Among the suppositions on ACTA's contents was the following:

E.U. negotiators, for example, are said to have balked at a U.S.-backed proposal to require Internet service providers to take tough steps against digital piracy.

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Oopsie! Zucker Caught Fibbing To Boucher About Hulu Blocking Boxee

February 4, 2010 Comcast , Fair Use , FCC , MVPD , Piracy

My momma always taught me that fibbing was a no-no. My daddy, a lawyer and law professor, would always add that it is real stupid to do so when testifying — especially when you know that so much evidence exists that you are lying that your pants are likely to spontaneously combust under cross examination. So I am somewhat boggled that NBC President/CEO Jeff Zucker would tell Rep. Rick Boucher (D. Va) one thing when he said something completely different in an interview last May. Oopsie!

I guess a CEO's gotta do what a CEO's gotta do. So when House Telecom Subcommittee Chairman Rick Boucher asked NBC President/CEO Jeff Zucker about Hulu blocking access to Boxee users last year, Mr.

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Hey FCC: Don’t Sacrifice Network Neutrality to Content Owners

January 14, 2010 FCC , Filtering , Network Neutrality , Non-Discrimination , Piracy

In addition to our larger Network Neutrality comments, today Public Knowledge, along with Computer and Communications Industry Association, Consumer Electronics Association, Electronic Frontier Foundation, Home Recording Rights Coalition, and NetCoalition, filed a short comment with the FCC focusing on how copyright fits in with Network Neutrality.

Or more specifically, how copyright doesn’t fit in with Network Neutrality. As EFF has been pointing out with its Real Net Neutrality Campaign, the proposed rules have a gaping “copyright loophole.” They exempt any activity designed to block copyright infringement from Network Neutrality rules.

This is a problem.

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Streaming, Sports, SOC, and Stuff.

December 18, 2009 DMCA , FCC , P2P , Piracy , SOC

Although overshadowed by Joe Biden's big party for his Copyright buddies, the good folks at the House Judiciary Committee staged their own holiday party for Hollywood. Since "p2p" is now passe, the Judiciary's Secret Santa brought Hollywood a whole new villain to attack in the name of piracy, streaming media. (Hey everyone, remember when 'streaming media' was the good way to get content online because it could be protected unlike that evil peer-2-peer stuff so Hollywood pretended they loved streaming media so they could outlaw peer-2-peer? Boy, we were so young back then . .

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Perspective on Payments: Comparing Filesharing Damages to Criminal Sentences

August 27, 2009 Piracy , Statutory Damages

Via BoingBoing and then through Gizmodo, Gaper's Block has a post up putting into some perspective the enormity and enormousness of the damages ($1.92 million) that Jammie Thomas is supposed to pay to the record labels for engaging in some P2P file sharing (Conor McCarthy of Gaper's Block estimated penalties under the Illinois Criminal Code):

Here is a list of 7 ideas to get you started, but first we should make a few rules. Some of these "crimes" have imprisonment as part of their sentence.

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Forcing the Net Through a Sieve: Why Copyright Filtering is Not a Viable Solution for U.S. ISPs

July 22, 2009 Fair Use , Filtering , Internet Protocol , Network Neutrality , Piracy

Yesterday, as part of our reply comments in the FCC’s National Broadband Plan proceeding, we released our latest whitepaper, “Forcing the Net Through a Sieve: Why Copyright Filtering is not a Viable Solution for U.S. ISPs” (PDF link). Recently, the content industry has been ramping up its efforts to promote ISP-level copyright filtering as a practical solution to the problem of unlawful online filesharing. Given the imperfect, controversial nature of filtering technology, we thought it was time to take a close look at copyright filtering and the effects that it might have on the Internet ecosystem. What did we discover? As our report states, not only will copyright filtering be ineffective–it will cause a great deal of harm to users, creators, innovators, businesses and the economy and will undermine the goals of the National Broadband Plan.

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