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BTJunkie, the file sharing and torrents index voluntarily decided to shut down after being in existence for 7 years. As a final closing message, they wrote on their site, btjunkie.org, " This is the end of the line my friends. The decision does not come easy, but we’ve decided to voluntarily shut down. We’ve been fighting for years for your right to communicate, but it’s time to move on. It’s been an experience of a lifetime, we wish you all the best!" According to Torrent Freak, the shutdown has to do with the Megaupload and Pirate Bay cases. The legal...

I already wrote a big post about yesterday's SOPA markup day one. While we're moving forward on day two, I wanted to call out one key point that was really made clear by an amendment offered by Rep. Jared Polis late in the day yesterday, which hasn't received nearly enough attention. As you may recall, with the "manager's amendment" version of SOPA (i.e., SOPA 2.0), the "notice-and-shut off funding" section of the private right of action in Section 103 was removed. This was good, because we've seen how the notice-and-takedown provision of the DMCA has been widely abused. However, what...

December 5, 2011 | By Kurt Opsahl RIAA and AAP File Amicus Brief in Righthaven Appeal The Association of American Publishers and the Recording Industry Association of America have decided to cozy up to a copyright troll, filing an amicus brief in the Ninth Circuit appeal of Righthaven v. Hoehn.  The Hoehn case is one of many decisions where a district court dismissed the case brought by copyright troll Righthaven. Indeed, Righthaven has lost on the merits every single time a court has considered its arguments (before six judges and counting). In Hoehn, the court correctly found both that Righthaven did not...

Oh let the laughter ensue raucously on this one folks. Seriously how ridiculously stupid do you have to be to not only steal music from the very people you are suppose to be representing, and protecting, but then to get caught doing it. It all started back in 2006 when Dutch performer Melchior Rietveldt was approached by the anti-piracy group BREIN to write a score for an anti-piracy video which he was led to believe would only be shown a a local arts festival. Well it turns out that his music found its way on a large number of retail...

A pending bill aimed at curbing online piracy would "put American innovators and investors at a clear disadvantage in the global economy," a coalition of venture capitalists and Internet experts warned this week. The Protect IP Act (S. 968) "is ripe for abuse," they say in a letter to Congress. "It allows rights-holders to require third-parties to block access to and take away revenues sources for online services, with limited oversight and due process." The letter was signed by more than 50 executives, including Marc Andreessen of Andreessen Horowitz, Esther Dyson of EDventure Holdings and Fred Wilson of Union Square...

When federal authorities shut down five Web sites last month on suspicion of copyright infringement, they gave no warning and offered no details of their investigation, and they have not filed any criminal charges since But after the seizure warrant used in the operation was released last week, the operators of several of the sites said in interviews that they were innocent of infringement, and criticized the investigation for misrepresenting how their sites worked.

We keep hearing about it—the “all-digital future”: easier, more convenient, no need to drive to the store. Download all the content you want instantly. Thus, iTunes, OnLive, Steam, and various other services were born. But this convenience bears a steep price. In our rush to embrace the all-digital future, we’ve sacrificed fundamental property rights. Time and again, record labels, software developers, and movie studios have expressed their displeasure with physical media. The overhead is too steep. There’s too much piracy. The second-hand market is immoral and equivalent to piracy. Technophiles love to debate the merits of streaming media, but it’s...

On Thursday, the Senate Judiciary Committee unanimously approved a bill that would give the Attorney General the right to shut down websites with a court order if copyright infringement is deemed “central to the activity” of the site — regardless if the website has actually committed a crime. The Combating Online Infringement and Counterfeits Act (COICA) is among the most draconian laws ever considered to combat digital piracy, and contains what some have called the “nuclear option,” which would essentially allow the Attorney General to turn suspected websites “off.” COICA is the latest effort by Hollywood, the recording industry and...

MINNEAPOLIS, - A Minnesota mother was ordered by a jury to pay $1.5 million to the Recording Industry Association of America for illegally downloading and sharing 24 songs. Jammie Thomas-Rasset was ordered to pay the sum, $62,500 for each illegally downloaded song, by a Minneapolis court after two previous convictions were thrown out on appeal, the New York Daily News reported Friday. Thomas-Rasset was ordered to pay $222,000 following a 2007 trial but the decision was declared a mistrial upon appeal. She was next ordered to pay $1.92 million in a June 2009 trial, but the judge lowered the amount...

A federal jury found Wednesday that Jammie Thomas-Rasset, of Brainerd, must pay $62,500 per song — for a total of $1.5 million — for illegally violating copyrights on 24 songs. This was the third jury to consider damages in her case, and each has found that she must pay — though different amounts. And after each time, the single mother of four has said she can't pay. "I can't afford to pay any amount. It's not a matter of won't, it's a matter of 'I can't,'" Thomas-Rasset said Thursday. "Any amount that I pay to them is money that I...

NEW YORK (Reuters) – A U.S. federal judge on Tuesday granted the music industry's request to shut down the popular LimeWire file-sharing service, which had been found liable for copyright infringement, the company said. The ruling requires LimeWire to "disable the searching, downloading, uploading, file trading and/or file distribution functionality, and/or all functionality of the software," according to LimeWire.

ASPEN, Colo.--The Recording Industry Association of America said on Monday that current U.S. copyright law is so broken that it "isn't working" for content creators any longer. RIAA President Cary Sherman said the 1998 Digital Millennium Copyright Act contains loopholes that allow broadband providers and Web companies to turn a blind eye to customers' unlawful activities without suffering any legal consequences. "The DMCA isn't working for content people at all," he said at the Technology Policy Institute's Aspen Forum here. "You cannot monitor all the infringements on the Internet. It's simply not possible. We don't have the ability to search...

There may be an FM radio in your next cell phone whether you want it or not. The National Association of Broadcasters is lobbying Congress to stipulate that FM radio technology be included in future cell phones. In exchange, the NAB has agreed that member stations would pay about $100 million in so-called performance fees to music labels and artists. Radio stations would be required to pay performance royalties on a tiered schedule with larger commercial stations paying more than smaller and non-profit stations. The agreement is part of a compromise between the NAB and the Recording Industry Association of...

Around 700 IP addresses implicated in the Hurt Locker BitTorrent downloads lawsuit have been released. They’re part of the public record so it’s not like these addresses were surreptitiously acquired or anything like that. One interesting observation: none of the IP addresses belong to Time Warner, the one ISP that’s putting up a fight. Hmm?

The Electronic Frontier Foundation reports that both organizations--along with a few others--want to take the file-monitoring process a huge step further by infiltrating consumer PCs and deleting the infringing content off their hard drives. How? Through "anti-infringement" spyware developed and enforced by the government.

Ah, the RIAA blog. It's a never-ending source of entertainment. In the past, they've tried (and failed) to address some of my arguments directly, but as someone noted, one of their recent posts again appears directed my way (not just me, but a few others as well). In it, the RIAA tries to suggest that alternative business models can't possibly work. Since many of the arguments the RIAA tries to debunk sound sorta like the arguments I make, it seemed worth responding -- especially given how badly out of context the RIAA takes them in an effort to convince itself...

Measuring the exact cost of intellectual property theft is difficult, even for the government entities assigned to measure such activities.   There are a few facts though: China dominates the counterfeit world; digital reproduction technology is making counterfeit movies and music recordings commonplace and the counterfeit industry hurts the overall US economy. Those are but a few of the results of a look by the US Government Accountability Office at what the theft of intellectual property means to the US.  Critics have long said the US needs to do something to put a crimp in the over $200 billion counterfeit and...

The RIAA and MPAA have submitted a plan to the Office of Intellectual Property Enforcement. It's basically a plan that they want the government to enact, and it's terrifying. Here are some of the lovely things that they're calling for: * spyware on your computer that detects and deletes infringing materials; * mandatory censorware on all Internet connections to interdict transfers of infringing material; * border searches of personal media players, laptops and thumb-drives; * international bullying to force other countries to implement the same policies; * and free copyright enforcement provided by Fed cops and agencies (including the Department...

Of all the songs Whitney Harper of San Antonio downloaded from online file-sharing networks, the one that could best sum up the college student's situation now is Hanson's “Save Me.” A federal appeals court that covers Texas has ruled the 22-year-old must pay a total of $27,750 to five music companies for 37 copyrighted songs she accessed through Kazaa and similar sites when she was a teenager. Last week's opinion by a three-judge panel of the 5th U.S. Circuit Court of Appeals overturned a lower ruling that awarded the five recording companies $200 for each of the songs. The appeals...

Musicians and recording studios sent a letter to Capitol Hill this morning blasting broadcasters' latest advertising campaign. The letter, sent to all members, is the latest jab in a long-running battle over royalties. The music industry wants broadcasters to pay singers and performers a royalty for playing their songs on the air. Broadcasters call the royalty a "tax" and say airing the music is free promotion for the artists. Currently, only songwriters receive royalties. But as the music industry struggles more than ever to recoup costs in the midst of plummeting CD sales, singers and bands say they deserve a...

Chet Baker was a leading jazz musician in the 1950s, playing trumpet and providing vocals. Baker died in 1988, yet he is about to add a new claim to fame as the lead plaintiff in possibly the largest copyright infringement case in Canadian history.  His estate, which still owns the copyright in more than 50 of his works, is part of a massive class-action lawsuit that has been underway for the past year. As my weekly technology law column (Toronto Star version, homepage version) notes, the infringer has effectively already admitted owing at least $50 million and the full claim...

Country’s National Assembly passes draft law that kills illegal downloaders’ internet accessThe French National Assembly has passed one of the toughest laws against internet piracy that the world has ever seen.Under the new legislation, backed by President Nicolas Sarkozy, illegal downloaders of games, music and movies will be sent two warnings - first by email and then by recorded delivery. Following these cautions, the offender's details will be passed to a judge – who now has the power to cut off Internet access and issue heavy fines or even prison sentences.The law was narrowly passed by 285 votes to 225....

Can't stop the (free) music Why last month's $675,000 judgment against a BU student won't stop people from downloading songs illegally By Joseph P. Kahn Globe Staff / August 25, 2009 iTunes wasn’t around yet, and David Tanklefsky was in the eighth grade when Napster, the now defunct music file-sharing website, became the must-go destination for computer-savvy music fans.

New York, NY (AHN) - A judge has ordered a graduate student to pay a total of $675,000 (404,000 pounds) after he was found guilty of illegally downloading songs from a shared music Web site. Joel Tenenbaum, the 25-year-old Boston University student, has pleaded guilty of the charges of downloading and distributing 30 songs. He will be paying $22,500 per song to four record labels for willfully infringing on the copyright of the songs by bands, including Green Day, Incubus, Nirvana and Aerosmith. The U.S. District Court jury could have ordered him to pay a maximum of $4.5 million in...

Jury Awards $675,000 in Music Downloading Case BOSTON – A federal jury on Friday ordered a Boston University graduate student who admitted illegally downloading and sharing music online to pay $675,000 to four record labels. Joel Tenenbaum, of Providence, R.I., admitted in court that he downloaded and distributed 30 songs. The only issue for the jury to decide was how much in damages to award the record labels. Under federal law, the recording companies were entitled to $750 to $30,000 per infringement. But the law allows as much as $150,000 per track if the jury finds the infringements were willful....

ASCAP Makes Outlandish Copyright Claims on Cell Phone Ringtones EFF Argues Phones Ringing in Public Do Not Violate Copyright Law New York - The Electronic Frontier Foundation (EFF) urged a federal court Wednesday to reject bogus copyright claims in a ringtone royalty battle that could raise costs for consumers, jeopardize consumer rights, and curtail new technological innovation.Millions of Americans have bought musical ringtones, often clips from favorite popular songs, for their mobile phones. Mobile phone carriers pay royalties to song owners for the right to sell these snippets to their customers. But as part of a ploy to squeeze more...

According to CNET, the RIAA has emerged victorious in their case against Usenet.com for wholesale copyright infringement. Filed back in 2007, the RIAA took particular issue with the outfit's ads promising "access to millions of MP3 files" for the monthly $19 payment. While the advertising was bad enough, the case was made substantially easier for the RIAA thanks to the fact that Usenet.com was destroying evidence on hard drives, often supplying incorrect information -- and even sent several employees to Europe to prevent them from testifying. In a statement, the RIAA lauds the courts for taking action against Usenet.com's "egregious...

The recording industry secured a resounding victory last week when a Minneapolis jury awarded the four major labels $1.92 million in damages after unanimously finding that a 32-year-old mother had willfully infringed on their copyrights by downloading and sharing 24 songs on the Kazaa peer-to-peer network. But a question arose after the verdict about whether the sheer size of the damages could lead to a backlash against an industry that is already portrayed in some quarters as overreaching. Sony BMG attorney Wade Leak, who testified at the trial, said he was "shocked" by the damages award. No one expects that...

Following the recent jury decision against alleged file sharer Jammie Thomas, in which the woman was fined $80,000 USD for each of the 24 songs she shared via P2P, the popular artist Moby has written a blog entry claiming the RIAA "should be disbanded" for using the wrong techniques against people who are just trying to listen to music. His full post: "The riaa have sued Jammie Thomas-Rasset of minnesota for $2,000,000 for illegally downloading music. argh. what utter nonsense. this is how the record companies want to protect themselves? suing suburban moms for listening to music? charging $80,000 per...

In what turned out to be a nightmare for the defendant, a federal jury on Thursday ruled that Jammie Thomas-Rasset willfully violated the copyrights on 24 songs. Record companies were awarded $80,000 per song, for a total of $1.92 million. This is the second time Thomas-Rasset went to trial on the matter. The single mother from Minnesota had planned to appeal the first ruling that came down from a different federal court in October 2007. But the judge in that case decided he had given the jury erroneous instructions and a new trial was ordered. Thomas-Rasset may wish she had...

MINNEAPOLIS — A replay of the nation's only file-sharing case to go to trial has ended with the same result — a Minnesota woman was found to have violated music copyrights and must pay huge damages to the recording industry

A federal jury Thursday found a 32-year-old Minnesota woman guilty of illegally downloading music from the Internet and fined her $80,000 each -- a total of $1.9 million -- for 24 songs. Jammie Thomas-Rasset's case was the first such copyright infringement case to go to trial in the United States, her attorney said. Attorney Joe Sibley said that his client was shocked at fine, noting that the price tag on the songs she downloaded was 99 cents. She plans to appeal, he said. Cara Duckworth, a spokeswoman for the Recording Industry Association of America, said the RIIA was "pleased that...

MINNEAPOLIS – A replay of the nation's only file-sharing case to go to trial has ended with the same result — a Minnesota woman was found to have violated music copyrights and must pay huge damages to the recording industry. A federal jury ruled Thursday that Jammie Thomas-Rasset willfully violated the copyrights on 24 songs, and awarded recording companies $1.92 million, or $80,000 per song. Thomas-Rasset's second trial actually turned out worse for her. When a different federal jury heard her case in 2007, it hit Thomas-Rasset with a $222,000 judgment.

A federal jury Thursday found a 32-year-old Minnesota woman guilty of illegally downloading music from the Internet and fined her $80,000 each — a total of $1.9 million — for 24 songs. Jammie Thomas-Rasset’s case was the first such copyright infringement case to go to trial in the United States, her attorney said. Attorney Joe Sibley said that his client was shocked at fine, noting that the price tag on the songs she downloaded was 99 cents...

THEY could be the lesbian power couple of all time: Randi Weingarten, the new president of the 1.4 million-member American Federation of Teachers, is dating Hilary Rosen, former head of the Recording Industry Association of America, who appears on CNN and is Washington, DC, editor-at-large for the Huffington Post.

The MPAA apparently said that the “enemies of copyright have really done a good job at creating the false premise that the interest of copyright holders and the interest of society as a whole are antagonistic” during the World Copyright Summit. The worry is that their pro-copyright advocacy perspective is fading away in the public conscious. In an interesting report from IP-Watch where there were a few choice words levelled against those that disagreed with the view-points of the copyright industry. Apparently, Fritz Attaway suggested that it's false to assume that the rights of the industry and the interest of...

Sweden’s Pirate Party, which wants an internet filesharing free-for-all, is one of the surprise entrants to the European Parliament after winning 7.4 per cent of the vote. The party, which also wants to beef up internet privacy, was founded in January 2006 and quickly attracted members angered by Swedish laws that criminalise filesharing and authorise the monitoring of e-mails. Its membership shot up after a court in Stockholm sentenced four men in April to a year in jail for running one of the world’s biggest filesharing sites, the Pirate Bay. Voters had their revenge last night by electing at least...

After 24 years, polka has had its last dance at the Grammys. The Recording Academy, which bestows the Grammy Awards, announced late on Wednesday that the polka category would be eliminated, saying in a statement that it had been cut “to ensure the awards process remains representative of the current musical landscape.” To many in the polka world, that read as a kind of industry code meaning that their genre — once capable of supporting artists with million-selling hits, but long since relegated to micro-niche status — had slipped off the mainstream radar entirely. “It’s devastating,” said Carl Finch of...

A bunch of states have been pushing forward with plans to add taxes on digital downloads. The state of Washington apparently passed just such a law, which is scheduled to go into effect on July 26th. Nate sent in a note, pointing out that under a strict reading of the details of the bill you could see how the state could go after unauthorized downloaders as "tax evaders." Now, that may not be the case (and it would be great if we could get someone from the state to clarify), but it seems that what Nate is likely referring to...

Plenty of folks have noted that the Justice Department has been the landing place for a number of RIAA lawyers. Some have suggested not to get too worked up about this, given that the Obama administration's ethics rules supposedly forbade those lawyers from being involved in issues related to their former work. However, it looks like the limit on these guys is actually quite narrow and for a very short period of time. We'd already noted that the highest ranking former RIAA lawyer, Thomas Perrelli, in his Senate confirmation hearings, said he hoped to use his position to increase intellectual...

Pirate Bay lawyer demands retrial, saying judge was biased in file-sharing case STOCKHOLM (AP) -- A defense lawyer in the Pirate Bay file-sharing case said Thursday he will demand a retrial after the judge admitted he was a member of copyright protection organizations. A Stockholm court last week convicted four men behind the notorious Web site of helping others commit copyright violations and gave them one-year prison sentences. They also were ordered to pay damages of 30 million kronor ($3.6 million) to entertainment companies, including Warner Bros., Sony Music Entertainment, EMI and Columbia Pictures. Peter Althin, who represented Pirate Bay...

The founders of file-sharing website The Pirate Bay have been sentenced to a year in jail in Sweden for breaking copyright laws by helping millions of users download music, movies and computer games for free. The four were also ordered to pay $3.6 m (£2.4m) in damages to copyright holders, including Warner Brothers, MGM, Columbia Pictures, 20th Century Fox Films, Sony and Universal, according to Swedish media reports. In a Twitter posting before sentencing, Mr Sunde said: "Nothing will happen to TPB [the Pirate Bay], this is just theatre for the media." The Pirate Bay provides a forum for its...

The Obama Administration this week tapped a fifth RIAA attorney to serve in the Justice Department. Collectively, they've argued for the entertainment industry on a myriad of issues, including the argument that ISPs should be forced to hand over personal information on P2P users without a subpoena. Assuming he adheres to them, Obama's own rules would prohibit these gentlemen from working on issues where they've represented the entertainment industry. Still, the collective thinking that permeates the new Department of RIAA Justice worries those who were hoping for more progressive leadership on issues of copyright.

If you were online and couldn't access some websites today, we might know the reason why. The FBI raided a Dallas building that houses servers for several different websites. CBS 11 News has learned that the raid is part of a general criminal investigation. Because of the confiscation of computers at Core IP Networks, a number of legitimate businesses have been affected. From the downtown office building in the 2300 block of Bryan Street, FBI agents seized what one source described as millions of dollars in computer equipment. Matthew Simpson, the owner of Core IP Networks, said in a letter...

According to some people who are paid lots of money to think about these sorts of things, the legal, ethical and economic questions facing the music business aren’t just about preserving the livelihoods of people who work in that industry. No, the very future of democracy is at stake.... At the heart of the debate is how to license peer-to-peer sharing of music files, widely blamed for the huge drop in sales of recorded music this decade. Sandy Pearlman, a veteran producer and McGill University professor, and entertainment lawyer Dina LaPolt raised the specter of a “darknet,” in which information...

Under pressure from the big record labels, several countries around the world are cracking down hard on illegal file-sharers with a "three strikes, you're out" policy — and the United States may be next. The basics are simple: Get caught three times sharing files illegally, and your Internet access gets cut off. But in a day and age when Internet access is almost as essential as a cell phone or electricity, should the music industry or Internet service providers [ISPs] have the power to determine who can and can't get online, particularly without criminal charges being filed? And what if...

The Obama administration has sided with the recording industry in a copyright lawsuit against an alleged peer-to-peer pirate, a move that echoes arguments previously made by the Bush administration. A legal brief filed Sunday in a case that the Recording Industry Association of America is pursuing in Massachusetts argues that federal copyright law is not so overly broad and its penalties not so unduly severe that they count as "punitive." Current law allows a copyright holder to receive up to $150,000 in damages per violation. The brief says "the harms caused by copyright infringement" on the Internet include limiting "a...

NewYorkCountryLawyer writes"The Obama Administration's Department of Justice, with former RIAA lawyers occupying the 2nd and 3rd highest positions in the department, has shown its colors, intervening on behalf of the RIAA in the case against a Boston University graduate student, SONY BMG Music Entertainment v. Tenenbaum, accused of file sharing when he was 17 years old. Its oversized, 39-page brief (PDF) relies upon a United States Supreme Court decision from 1919 which upheld a statutory damages award, in a case involving overpriced railway tickets, equal to 116 times the actual damages sustained, and a 2007 Circuit Court decision which held...

A court case in British Columbia has the potential to drastically change the Canadian Internet landscape by making search engines such as Google and Yahoo illegal. A case brought against the Canadian Recording Industry Association (CRIA) by a small search engine for BitTorrent files, called ISOHunt Web Technologies Inc., is raising questions about whether search engines are liable for the sharing of copyright-protected content online. The question before the British Columbia Supreme Court is, if a site like ISOHunt allows people to find a pirated copy of Watchmen or The Dark Knight, is it breaching Canadian copyright law? “It’s a...

Last September, the Bush administration defended the unusual secrecy over an anti-counterfeiting treaty being negotiated by the U.S. government, which some liberal groups worry could criminalize some peer-to-peer file sharing that infringes copyrights. Now President Obama's White House has tightened the cloak of government secrecy still further, saying in a letter this week that a discussion draft of the Anti-Counterfeiting Trade Agreement and related materials are "classified in the interest of national security pursuant to Executive Order 12958." The 1995 Executive Order 12958 allows material to be classified only if disclosure would do "damage to the national security and the...