Back in October a Danish court rules that an ISP Tele2 must block its users access to Allofmp3.com. A month or so later Swedish ISP Perspektiv Bredband followed suit. Perspektiv have just rescinded their decision – get the facts here.
Archive for December 2006
The RIAA has filed a suit in New York against Russian download service Allofmp3. Business Week reports that:
The music companies are seeking a court order against Mediaservices and unspecified compensatory and punitive damages.
Interfax reports that a legal precendent has been set in China with a ruling against P2P operator Kuro.
The key point is that the copyright infringement was organized – the company charged money and its activity could be defined as active inducement.
A couple of weeks ago the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) wrote to YouTube complaining about the burden of requesting takedown of copyrighted content via the DMCA. The letter also requested that YouTube “take provisional measures … in order to prevent illegal uploads of audio-visual works, which copyrights are neither owned by the persons posting the works on the website themselves nor licensed by right owners”. including:
1. Indicate on the top page of the YouTube website, in Japanese, that “Posting or uploading audio-visual works, which copyrights are neither owned by yourselves nor licensed by right owners, is illegal, and such act may impose you civil and/or criminal liability.” 2. Register the names and addresses of those users making uploads and to keep such records. 3. Terminate the user accounts of those who illegally uploaded audio-visual works deleted on and after June 2006 upon our requests and to not allow them to make further uploads
In my opinion the requests are reasonable enough. The onus to monitor its content can stack up on a content owner. I think there is effort invovled from both sides. Word is that YouTube are responding to the request, but I have yet to see what their response is. I suspect they will require a database of copyrighted content that they can filter against. Does the content industry have this to offer?
An Australian Appeal court has upheld a ruling from last year that linking to copyrighted content contravenes Australia’s copyright laws. The site in question was mp3s4free.net which was raided by MIPA in 2004 which then led to the lawsuit brought by the major record labels.
The question of link sites is an interesting one and legal decision vary from country to country. It is one of the reasons why Bit Torrent indexes are hard to tackle legally.
Find some discussion of US rulings on linking here including some of the cases which never reached court.
The BBC reports that Bill Gates told an invite only audience that
we don’t have the right thing here in terms of simplicity or interoperability
and that incentive schemes work for artists.
Whilst the article itself is not enlightening in any way it may be signalling a move or positioning itself from Microsoft re. DRM.
Title of this post is stolen from the article I am linking to…
Basically underlines the point that the major growth in P2P traffic is forcing media companies to evolve how they distribute and sell their content and it will be a killer app using P2P, not the growth of P2P per se, that drives fibre rollout.