Posts from — December 2005

Text of Proposed Settlement Agreement
A proposed settlement of lawsuits against Sony BMG Music Entertainment would let some consumers receive free music downloads to compensate them for Sony surreptitiously including spyware on millions of CDs, lawyers said Thursday.

Sources: Red Herring | Business Week | Washington Post | ars Technica | MSNBC | Information Week | Forbes | The Register | Seattle Post Intelligencer

Related Posts:

• Sony Rootkit Settlement Faces Opposition in Canada (September 19, 2006)
• Sony Rootkit DRM Settlement Passes Final Legal Hurdle (May 23, 2006)
• Sony Settles Class Action Law Suits over Rootkit DRM (December 29, 2005)
• Texas Saddles Another Claim on Sony (December 23, 2005)
• My Morning Jacket Burns New CDs for Fans Replacing Sony’s CDs with Rootkits (December 15, 2005)
• Texas Sues Sony BMG for ’spyware’ on CDs (November 21, 2005)
• Sony folds Tent, Recalls CDs (November 16, 2005)
• Fallout from Sony CD Flap Getting Worse (November 15, 2005)
• Sony Bows to Pressure and Abandons DRM Rootkit Technology (November 11, 2005)
• Sony Faces Class Action Law Suit over Rootkit DRM (November 10, 2005)
• Sony Caught using Rootkit DRM (November 3, 2005)
  

Categories: Intrusive TPMs - Rootkits, Settlements

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Certain regions remain outside the RIAA's and IFPI's sphere of influence. One of those is Russia. A number of music download services operate out of that country, including the well-known AllofMP3.com. None of them have the blessing of the IFPI or any of the labels to offer music for sale, yet they have been given the green light to stay in business by Russian law enforcement. Now the RIAA is attempting to gain the support of the US government in its fight against the Russian music download services.

Source: ars technica

Related Posts:

• AllofMP3.com Lives On Despite U.S./Russian WTO Agreement (December 10, 2006)
• Russia Agrees to Shut Down AllofMP3.com at U.S. Request (November 29, 2006)
• Danish Court Blocks AllofMP3.com (October 25, 2006)
• Visa and Mastercard Stop Servicing AllofMP3.com (October 18, 2006)
• Russia Implements Internet Piracy Law in Gambit to Join WTO (September 1, 2006)
• BPI to Sue AllofMP3.com (July 5, 2006)
• AllofMP3.com Responds to Recent Scrutiny (June 6, 2006)
• Russia-based AllofMP3 Launches DRM-free allTunes (March 29, 2006)
• RIAA's Next Big Target: Russia (December 27, 2005)

Categories: BigMedia v P2P Providers, DRM-Free Services, Lobbying, Piracy

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New York’s attorney general is investigating whether the four record companies that dominate the industry have violated antitrust laws in the pricing of songs sold online, according to people involved in the inquiry.

Sources: CNET | CNN | L.A. Times | MSN Money | MSNBC | Chicago Tribune | BBC | Techtree

Related Stories:

• Class Action Lawyer Sues Record Labels (March 10, 2006)
  
• Feds Query Labels About Online Muisc Prices (March 3, 2006)

Categories: Antitrust, Investigations, New Business Models

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Texas Attorney General Greg Abbott reloaded his shootin' iron and has spyware killers as he filed new claims against Sony BMG. Abbott levied charges of deceptive trade practices for hiding spyware in the disc against the multinational music company.

Sources: CNET | Security Pro News | Techwhack.com | MP3 Newswire | Techtree | VNU Net | CNET | Financial Times

 Related Posts:

• Sony Settles Rootkit Lawsuit with 40+ U.S. States for $5.75M (and Climbing) (December 27, 2006)
• Sony Rootkit Settlement Faces Opposition in Canada (September 19, 2006)
• Sony Rootkit DRM Settlement Passes Final Legal Hurdle (May 23, 2006)
• Sony Settles Class Action Law Suits over Rootkit DRM (December 29, 2005)
• Texas Saddles Another Claim on Sony (December 23, 2005)
• My Morning Jacket Burns New CDs for Fans Replacing Sony's CDs with Rootkits (December 15, 2005)
• Texas Sues Sony BMG for 'spyware' on CDs (November 21, 2005)
• Sony folds Tent, Recalls CDs (November 16, 2005)
• Fallout from Sony CD Flap Getting Worse (November 15, 2005)
• Sony Bows to Pressure and Abandons DRM Rootkit Technology (November 11, 2005)
• Sony Faces Class Action Law Suit over Rootkit DRM (November 10, 2005)
• Sony Caught using Rootkit DRM (November 3, 2005)

Categories: Cases, Intrusive TPMs - Rootkits

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The tariff Canadians pay on recordable compact discs and other recordable media to compensate recording companies for loss of music sales will remain in place, unchanged, beyond the deadline of Dec. 31.

Source: Globe and Mail

Categories: Copyright, Legal Reform, Media Levy

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Legislation passed by the Senate would require broadcasters to end their traditional analog transmissions by Feb. 17, 2009, and send their signals digitally. Back to Conference with the House to resolve discrepancies then on to the President’s desk for signing into law.

Sources: Washington Post | ZDNet | San Jose Mercury News | Business Week | Reuters | San Francisco Chronicle | Broadcasting and Cable

Related Posts:

• Bush Signs Digital TV Transition Bill - Setting February 17, 2009 Deadline (February 8, 2006)
  
• Broadcasters to Move to Digital Television by February 17, 2009 Under Senate Bill (December 21, 2005)
  
• U.S. Digital Switchover on Feb 17, 2009? (December 19, 2005)
  
• FCC modifies Digital Tuner requirements to advance DTV transition (November 3, 2005)
• House Approves All-Digital OTA Deadline by 2008 (October 27, 2005)

Categories: Digital TV, Legal Reform

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The U.S. House of Representatives approved legislation to complete the country’s phase out of analogue TV with a transition to over-the-air digital television by Feb. 17, 2009. The Senate had previously set the date as April 7, 2009. Onwards to Congressional conference with the Senate.

Sources: Washington Post | Reuters | Information Week | ABC News | CBS News | CNET

Related Posts:

• Bush Signs Digital TV Transition Bill - Setting February 17, 2009 Deadline (February 8, 2006)
  
• Broadcasters to Move to Digital Television by February 17, 2009 Under Senate Bill (December 21, 2005)
  
• U.S. Digital Switchover on Feb 17, 2009? (December 19, 2005)
  
• FCC modifies Digital Tuner requirements to advance DTV transition (November 3, 2005)
• House Approves All-Digital OTA Deadline by 2008 (October 27, 2005)

Categories: Digital TV

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Warner Chappel Music apologizes for cease and desist letter sent to software programmer to pull the PearLyrics application that displays lyrics when a song is being played in iTunes.

Sources: Wired | Red Herring | The Register | MacWorld | EFF’s Dec 13 Letter to Warner | PearLyrics Website

Related Posts:

• Music Industry Targets Guitar Tab Sites (August 14, 2006)
• Lyrics Dustup Ends in Apology (December 16, 2005)

Categories: Big Media v Internet, BigMedia v NewTech, Cease & Desist

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Rock Group My Morning Jacket is taking matters in its own hands by providing burned replacement CDs to its fans that had purchased its CDs with Sony's controversial rootkit software.

Sources: MTV | ContactMusic.com | NME | Murmors | Aversion

 Related Posts:

• Sony Settles Rootkit Lawsuit with 40+ U.S. States for $5.75M (and Climbing) (December 27, 2006)
• Sony Rootkit Settlement Faces Opposition in Canada (September 19, 2006)
• Sony Rootkit DRM Settlement Passes Final Legal Hurdle (May 23, 2006)
• Sony Settles Class Action Law Suits over Rootkit DRM (December 29, 2005)
• Texas Saddles Another Claim on Sony (December 23, 2005)
• My Morning Jacket Burns New CDs for Fans Replacing Sony's CDs with Rootkits (December 15, 2005)
• Texas Sues Sony BMG for 'spyware' on CDs (November 21, 2005)
• Sony folds Tent, Recalls CDs (November 16, 2005)
• Fallout from Sony CD Flap Getting Worse (November 15, 2005)
• Sony Bows to Pressure and Abandons DRM Rootkit Technology (November 11, 2005)
• Sony Faces Class Action Law Suit over Rootkit DRM (November 10, 2005)
• Sony Caught using Rootkit DRM (November 3, 2005)

Categories: Artists Against DRM, Intrusive TPMs - Rootkits

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Paramount traces an eDonkey user to a specified IP Address but searches of the user's computers reveal no evidence of piracy. Man claims anyone could have used his unsecured wireless connection to use eDonkey.

Sources: Channel 5 Cincinnati | P2PNet

Note: While this story highlights the potential perils of leaving a WiFi Router open for use by neighbours, leaving an Internet connected WiFi router open to public use may set up an affirmative defence to piracy allegations.

Related WiFi Posts:

• Illinois WiFi 'Freeloader' fined US$250 (March 23, 2006)
• 'Stealing' Your Neighbor's Net (August 10, 2005)
• Florida Man Charged with Felony for Accessing Third-party WiFi (July 7, 2005)

Related P2P Legal Discovery Posts:

• RIAA Drops Open WiFi Case - Virgin v. Marson (August 1, 2006)
• RIAA Motion to Compel Hard Drive Inspection Denied - Neutral Inspector Appointed (March 17, 2006)
• Paramount Sues Man for Piracy - But Can't Find any Evidence (December 14, 2005)

Categories: BigMedia v. P2P Users, Cases, WiFi Access

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The cable industry’s tough stance against à la carte pricing is crumbling rapidly as more operators say they will support a version of à la carte pricing for families concerned about their children’s access to adult programming.

Sources: Red Herring  |  Red Herring (Related Nov. 30 Article)  |  CNet  |  ZDNet  |  Salon.com  |  Business Week  |  Washington Post  |  Reuters  |  Waco Tribune Herold

Categories: Big Media Makes Progress, Milestones, New Business Models

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How Steve Jobs can put a hammerlock on digital video.

Source: Slate.com

Note: Within 3 months of launch, Apple sold over 3 million TV shows/videos through iTunes.

Categories: Milestones, New Tech, iVOD/iTV

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Contrary to earlier reports XM & Sirius digital satellite receivers bought in the U.S. will not be locked down in Canada.

Source: Digital Home Canada

Categories: Big Media Makes Progress, BigMedia v NewTech, New Business Models, Region Coding, Satellite Radio

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Engadget asserts that the Sirius S50, which has a claimed 50 hours of audio storage and scheduled digital recordings, has been cut down in the prime of life by an overbearing RIAA that has limited the player to 20 scheduled recordings, each a maximum length of two hours.

Sources: Engadget  |  Mobile Mag

Categories: BigMedia v NewTech, DRM Restricting Use, Satellite Radio

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Sony has launched their new Portable TV rental service for owners of the Sony PSP in Japan. Users will be able to download TV shows, music videos and trailers for from $1 to $3 each.

Sources: Engadget  |  Gizmodo  |  MobileWhack

Categories: New Tech, iVOD/iTV

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In this report the EFF describes why it believes that the third triennial DMCA rulemaking, currently underway before the U.S. Copyright Office, does not effectively address the concerns of American digital media consumers.

Source: EFF

Categories: Copyright, DMCA-like Laws, DRM Analysis, Policy Analysis

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