Sundtempest

Reporting, analysis, and opinions on the latest trends and developments in the music industry.

Posts Tagged ‘Litigation’

Lawyer Claims RIAA Suits Were Unconstitutional, Wants Settlement Money Re-Distributed

If you’re going to go after the RIAA, you might as well go all-out; at least, that’s the apparent philosophy of Harvard Law professor Charles Nesson, who is not only seeking to argue that file-sharing is fair use, but that the fines exacted from convicted file-sharers are essentially unconstitutional. If all goes according to his plan, the RIAA’s litigation campaign will be deemed unlawful and they will be forced to return the $100 million they’ve collected in settlements.

A pretty extreme strategy, to be sure. Not even Lawrence Lessig, vocal proponent of relaxed intellectual property laws, creative remixing, and mashups, among other things, supports the idea that file-sharing is actually fair use. Still, it’s a legal theory worth discussing, and perhaps it will spur more reasonable amendments to copyright law.

Lawyer: RIAA must pay back all $100M it has collected [Ars Technica]

(thanks to Brad Burr for the tip)

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Ticketmaster Sued Over Price-Gouging Scheme

There might be a lot of debate in the music industry over issues like piracy and intellectual property, but one thing everyone can agree on is how much they dislike Ticketmaster. So, if you’ve ever dealt with them, you’ll be happy to know that two women from New Jersey are taking the reviled ticket monopoly to court.

This time, it’s the same issue that came up earlier this year. Ticketmaster has a subsidiary, TicketsNow, which essentially deals in legal scalping of tickets. Sounds OK, free market and all, right? Not when Ticketmaster decides to ‘accidentally’ dump all of their standard price event tickets into TicketsNow, which of course results in jacked-up prices.

It’s bad enough that Ticketmaster tends to make exclusive agreements with venues and nickel-and-dime concertgoers with fees, but this kind of stuff is outrageous. It’s also another reason why nobody should be looking forward to the upcoming merger of Ticketmaster and Live Nation. Let’s hope the two women taking on this corporation see some justice served.

N.J. Music Fans Sue Ticketmaster over Pricing [USA Today]

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RIAA and Suburban Family Reach $7,000 Settlement in Music Piracy Suit

Despite the RIAA’s promise to stop suing people, the organization admitted that their outstanding lawsuits would continue. One such lawsuit, against a suburban family from White Plains, NY, has been settled for $7,000 after a four year nightmare in court.

The RIAA initially brought suit against the mother of the family, Patricia Santangelo, who was a bit confused about the whole thing since she lacked the requisite knowledge to actually do the things she was being accused of.

However, thanks to generous donations from the general public and a fighting spirit, she got the RIAA to drop the case… only to have them refile against her children, now 16 and 20 years old. Keep in mind this means that at the time where the piracy took place, they would have been 12 and 16. Both children denied doing anything wrong, but one of them, Michelle, supposedly admitted to piracy in a deposition; the other, Robert, was “implicated” by a family friend.

After four years of harassing two kids and their mother in court, what did the RIAA have to say about all this? From the source article;

“We are pleased to have reached an agreement with the Santangelos,” Cara Duckworth, spokeswoman for the RIAA, said in an e-mailed statement. Asked how much had been spent to win the $7,000 settlement, and whether it was a victory, she said, “We don’t break out costs per case, and it’s not a question of it being ‘worth it’ or a ‘victory.’”

Wait, what?

“…and it’s not a question of it being ‘worth it’ or a ‘victory.’”

I actually can’t think of anything witty or scathing to say in response to this statement. It speaks for itself.

Suburban NYC family settles music piracy suit [Associated Press]

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Potential Conflict of Interest Discovered in the Pirate Bay Trial

Courtroom drama! Legal intrigue! Hot issues! It’s not Law & Order, it’s the continuing saga of the Pirate Bay trial in Sweden. Calls for a mistrial have been flying after it surfaced that the judge in the trial may have had a conflict of interests. Tomas Norström, who presided over the case, was found to be a member of two “pro-copyright” groups, the Swedish Association of Copyright and the Swedish Association for Industrial Legal Protection.

Those on the side of The Pirate Bay claim that the judge’s membership in these groups constitutes a serious conflict of interest, calling his sentencing into question. Norström contended that the Swedish Copyright Association “only promotes knowledge about copyright” and that he is a member “so he can follow related debate and development.” Monique Wadsted, one of the lawyers prosecuting the case, added that all jurists in Stockholm are members of that association.

It remains to be seen whether these new facts will result in a mistrial or whether they will impact the appeals process. Eric Bylander, a professor of law in Gothenburg, Sweden, believes it was “inappropriate” for Norström to take the case, but also that a mistrial would probably not be granted (though it would be a “close call”).

Pirate Bay Judge Exposed as Member of Pro-Copyright Groups [wired]

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Pirate Bay Administrators Found Guilty in Swedish Court

Two months after their trial began, four men associated with the administration and/or funding of torrent website The Pirate Bay have been convicted of criminal charges (contributory copyright infringement) in Swedish court. They’ll be heading to jail for a year and will be paying the equivalent of $3.6 million dollars in damages to various copyright holders.

The convicted men seemed unphased by the trial. Before the verdict was revealed, one of the men, Peter Sunde, was quoted as saying, “Stay calm — Nothing will happen to TPB, us personally or file sharing whatsoever. This is just a theater for the media.”

The Pirate Bay Guilty; Jail for File-Sharing Foursome [Wired]

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Legal Music Downloads in Sweden Double Thanks to Anti-Piracy Law

In years to come, the country of Sweden should make for a very interesting case study in copyright law and its efficacy. The country has recently taken several major steps to curb piracy and strengthen the rights of intellectual property holders within its borders, starting with their “controversial prosecution of The Pirate Bay. Then, at the beginning of this month, Sweden’s IPRED (Intellectual Property Rights Enforcement Directive) law went into effect, making it easier for authorities to track down alleged pirates.

One might have expected that these measures fail, given the fact that they have been met with considerable public opposition. However, at least for now, the facts tell a different story. Within a matter of days of the passage of IPRED, internet traffic within Sweden dropped 33%. A week later, media content provider InProdicon reported that their music download sales had increased by 100%. The majority (60%) of these sales were of Swedish artists.

On the flip side of the coin, the IPRED law has also created increased demand for VPN services, which anonymize the internet activity of users. The Pirate Bay itself is offering its own VPN service for a small monthly fee, which was rolled out shortly after IPRED came into effect.

Which side do you think will eventually gain the upper hand?

Sweden sees boom in legal downloading [The Local]

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Pirate Bay vs. Sweden, Round 1

Swedish website The Pirate Bay has been a central source for BitTorrent-based piracy for over five years. Though they do not actually host any files, their torrent tracker and torrent database are filled almost entirely with various illegal media, from software to music and movies. The site and its founders are infamous for their blatant disregard for intellectual property laws and those who would attempt to enforce them; in fact, TPB has an entire section of their site devoted to ridiculing individuals and organizations who send them copyright infringement notices.

Not surprisingly, the guys that run TPB (and one guy that donates to them) have now been taken to Swedish court and face serious criminal penalties for their actions. The trial, which began yesterday, essentially pits the interests of organizations like the MPAA and IFPI against the anti-copyright movement particularly prevalent in Europe. Already, some of the charges have been dropped by the prosecution, primarily for technical reasons. Initially, TPB was accused of actual infringement, but due to the nature of BitTorrent, facilitation of infringement was more accurate.

Which party do you side with? What do you think is going to happen?

Pirate Bay trial gets massive online coverage [NetworkWorld]

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RIAA to stop lawsuits against customers, focus on working with ISPs

The Recording Industry Association of America has decided to finally cease its (largely ineffective) strategy of deterring piracy by suing individuals accused of sharing music files on P2P networks, though existing cases will proceed to trial or settlement. Their lawsuits, besides being a P.R. disaster and singlehandedly teaching an entire generation to hate the music industry, often ended up being settled for far less than the exorbitant damages claimed. According to the RIAA, the legal fees alone often exceeded the settlements (a pyrrhic victory, if I’ve ever seen one.)

The industry group is instead opting to work with internet service providers more directly, serving copyright infringement notices via the ISP to subscribers accused of file sharing. Repeated notices, effectively functioning as warnings, would eventually result in the ISP cutting service to the subscriber. In exchange for their cooperation, ISPs would no longer be forced to turn over personal subscriber information to the RIAA.

Too little, too late, or a step in the right direction? Post your thoughts.

RIAA Taps ISPs To Fight Illegal Downloads [informationweek]

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