Posts from — September 2006

Text of Decision
In attempting to apply the Supreme Court's new "inducement" doctrine from MGM v. Grokster, District Judge Stephen V. Wilson, the same judge that in an earlier ruling had cleared StreamCast of infringement charges, found "…evidence of StreamCast's unlawful intent … overwhelming", held StreamCast liable for inducing Morpheus users to infringe on copyright and granted the plaintiffs summary judgment. Subject to any successful appeal, StreamCast is liable for up to $150,000 for each copyrighted song or movie shared with Morpheus which, of course, trends towards a damages value of $infinity!

The rather unclear Supreme Court doctrine of inducement requires a "clear expression or other affirmative steps" beyond mere distribution of P2P software to find infringement. Judge Wilson held that the test was met because: (i) Internal e-mails by StreamCast executives showed their awareness of users' infringements, they were eager to insure the supply of copyrighted content on the network, (iii) they implemented features that made it easier to infringe, and (iv) they failed to implement technology that could have deterred some infringements.

After MGM v. Grokster, Sharman Networks (Kazaa), Grokster, iMesh (Bearshare), eDonkey, Qtrax, Mashboxx and others settled. StreamCast was one of the few that decided to fight on. A StreamCast spokesperson said the company may appeal. LimeWire remains the only other large P2P Player still fighting on.

Sources: Ars Technica | EFF | New York Law Journal | Kathy Kirkman | L.A. Times | Chron.com (AP) | Daily Tech | MP3.com | Internet News | The Register | Slyck | Reuters | P2PNet | techdirt | Wired (AP) | cbc.ca | RIAA Press Release | DRM Watch

Related Posts:

• StreamCast to Slug it Out Against the MPAA/RIAA in the Courts After All (April 10, 2006)
• U.S. Supreme Court Finds Grokster Liable (June 27, 2005)
• Grokster & Streamcast Win Major Court Victory (August 9, 2004)

Categories: BigMedia v P2P Providers, Decisions

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  Text of Microsoft v. Viodentia Complaint (Sept 22, 2006)
Microsoft filed a lawsuit in federal court against "John Does 1-10," for breaking their PlaysForSure DRM software. Viodentia - the pseudonym for the person that created FairUse4WM is, of course, the prime target for this lawsuit. Viodentia's response was to issue version 1.3 of the DRM-cracking software.

Law Suit Story Sources: Engadget | ars technica | ZDNet | Seattlepi.com | CNet | DRM Watch

Engadget Interview with Viodentia (pre-lawsuit): Engadget

Viodentia Response to Lawsuit: Engadget

Related Posts:

• Law Review Article - Microsoft's War Waged with FairUse4WM (November 13, 2006)
• Microsoft Sues Viodentia - Viodentia Responds with a Software Update (September 26, 2006)
• Microsoft Issues Takedown Notices for Sites Hosting FairUse4WM (September 17, 2006)
• Microsoft & Viodentia Play Cat & Mouse with DRM-Circumvention Tool FairUse4WM (September 14, 2006)
• Hymn is Back with QTFairUse in an Ongoing Tit-for-Tat with Apple Over iTunes DRM (September 13, 2006)
• Microsoft's PlayForSure DRM Successfully Hacked (August 25, 2006)
• iTunes Locks out DRM-Free Purchases - Breaks PyMusique (March 21, 2005)
• Apple Brings Discord to Hymn (January 13, 2005)
• Apple Blocks Music Sales to Older iTunes - Forces Upgrade to Copy-Degraded Version (November 3, 2004)
• Hacker Takes Bite out of Apple's iTunes (August 12, 2004)
• Is Real's Hacking of iPod Legal? (July 30, 2004)
• RealNetworks Breaks Apple's Hold on iPod (July 26, 2004)
• iTunes DRM Cracked Wide Open for GNU/Linux (January 25, 2004)

Categories: DRM Arms Race

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Text of Amended LimeWire Counter Claim (Nov 17, 2006)
Text of LimeWire Counter Claim (Sept 25, 2006)
Text of Arista Complaint Against LimeWire (Aug 4, 2006)
On August 4, the music industry sued LimeWire as it had every other major P2P provider before. LimeWire's parent, Lime Group LLC, has filed a counter suit alleging that the case against it is "part of a much larger conspiracy to destroy all innovation that content owners cannot control and that disrupts their historical business models". LimeWire also charges the record companies with trying to extend their monopoly by forcing music distributors to work only with their affiliated filtering system supplier. LimeWire says it developed a filtering application to prevent illegal downloading and encourage legal content purchasing. But the record companies refused to give the developer access to the metadata that uniquely identifies each song in order for the filtering system to work.

Sources: Slyck | The Register | CrunchGear | Mercury News (AP) | Pocket-lint | Beta News | Computer World (IDG) | Macworld | MP3.com | GMSV | Recording Industry vs. The People

Related Posts:

• LimeWire Countersues RIAA Alleging Conspiracy (September 25, 2006)
• Music Industry Sues Limewire (August 4, 2006)

Categories: BigMedia v P2P Providers, Cases

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The recording industry has successfully shuttered several peer-to-peer networks of late. To what end? This recent Digg.com entry demonstrates how easy it is to find and download almost any music without DRM restrictions using a simple Google search. What's more, there is no way that I know of for such downloads to be traced by the means currently employed by the RIAA. No P2P application installations are needed, no attendant spyware, no messy port forwarding, no TPM circumvention is involved, just a simple Google search and download.

Dale's Comment: The RIAA can feel self-satisfied that it is successfully shuttering P2P Networks and ratcheting four digit settlements out of hapless P2P users unwilling or unable to fight the thousands of recent RIAA lawsuits, but until the content industries realize that they need to provide a fair way for honest users to purchase downloadable content, there will always be alternative ways for end users to pirate DRM-free content. The content industry needs to realize and accept the fact that there will always be some amount of piracy. Once it accepts this fact, it can turn its attention to providing first-rate and fair download services that meet the legitimate needs and expectations of honest people. Until they do, there's always Google, AllofMP3.com or the next new thing. Here's a terrific and topical EFF Article: The Consumer is Always Wrong: A User's Guide to DRM in Online Music.

Source: Digg.com

Web Sites that Automate this Google Search: CyberWyre | G2P | Tyoogle

Related Posts:

• Google Torrents (November7, 2006)
• Who Needs Kazza or eDonkey when You Have Google (September 21, 2006)

Categories: BigMedia v P2P Providers, BigMedia v. P2P Users, DRM Arms Race, Piracy

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Yahoo! is the proper exclamation for this event. On July 20, 2006, Yahoo! and Epic released the first single by a major U.S. label without DRM, Jessica Simpson's "A Public Affair" for $2.00 U.S. Now, Yahoo! and Hollywood Records are set to distribute an entire album, Jesse McCartney's "Right Where You Want Me" without DRM in MP3 or WMA format for $9.99 U.S.

Dale's Comment: These may seem to be baby steps. But for an industry content with suing tens of thousands of its customers rather than providing them with a fair and convenient way to purchase music online, this could be the beginning of something bigger.

Sources: ars technica | PC Pro | Bit-tech.net | After Dawn | Business Wire | Beta News

Related Posts:

• Steve Jobs Calls for the End of DRM for Online Music Sales (February 7, 2007)
• Wired Article: Signs Music Industry May be Abandoning DRM (January 8, 2007)
• EMusic Sells 100 Millionth Song without DRM (December 15, 2006)
• EMI's Blue Note & Yahoo! Music Sell a Few More Songs DRM Free (December 6, 2006)
• ifpi Board Member Quoted as Saying Major Labels About to Abandon DRM (November 27, 2006)
• First a Song, Now a DRM-Free Album - Yahoo! (September 19, 2006)
• Weird Al Yankovic's New Single: Don't Download this Song (August 23, 2006)
• Yahoo! Offers DRM-Free Jessica Simpson Song (July 20, 2006)
• Yahoo! Exec Says Labels Should Sell Music Without DRM (February 24, 2006)

Categories: Big Media Makes Progress, DRM-Free Services, New Business Models

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The Canadian Sony rootkit settlement reached a few weeks ago is facing Canadian opposition. It still must be approved by a Federal Judge. The case was finally settled in the U.S. on May 23, 2006. The Canadian settlement lacks some key provisions contained in the U.S. settlement including: an obligation to do security testing before using similar technologies in the future; explicit consumer disclosure of such future use; and injunctive relief rights against Sony if it fails to do so.

Sources: ars technica | Michael Geist | Slyck | Sony Canada's Settlement Site

 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: Intrusive TPMs - Rootkits, Settlements

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Version of 30 Days of DRM
Canadian Copyright reform is in the air. In anticipation of possible legislative action this fall, Michael Geist’s 30 day series of daily articles “30 Days of DRM” has come to an end. While he ultimately argues, as I do, that it would be preferable NOT to adopt DMCA-like anti-circumvention legislation in Canada, the Conservative government may succumb to the copyright lobby. These articles, which are quite good, propose limitations that should be included in any such Canadian DMCA-like legislation to fairly protect Canadian consumers and to guard against the multitude of problems created by the U.S.’s enactment of anti-circumvention measures in the U.S. Digital Millennium Copyright Act.

30 Days of DRM:
- Day 1 - Linking Copyright and Anti-Circumvention (Markets)
- Day 2 - Region Coding (Markets)
- Day 3 - Oversite of DRM Misuse (Markets)
- Day 4 - DRM Misuse Sanctions (Markets)
- Day 5 - DRM Labeling and Consumer Awareness (Public Protection)
- Day 6 - Interoperability (Public Protection and Markets)
- Day 7 - DRM-Free Library Deposits (Public Protection)
- Day 8 - Privacy (Circumvention Rights)
- Day 9 - Reverse Engineering (Circumvention Rights)
- Day 10 - Security Research(Circumvention Rights)
- Day 11 - Involuntary Installation of Software (Circumvention Rights)
- Day 12 - Research and Private Study (Circumvention Rights)
- Day 13 - Criticism, Review and News Reporting (Circumvention Rights)
- Day 14 - Private Copying (Circumvention Rights)
- Day 15 - Artistic Access (Circumvention Rights)
- Day 16 - System Repair (Circumvention Rights)
- Day 17 - Broken or Obsolete Technology (Circumvention Rights)
- Day 18 - Backup Copies of Software (Circumvention Rights)
- Day 19 - Backup Copies of Digital Consumer Products (Circumvention Rights)
- Day 20 - Public Domain (Circumvention Rights)
- Day 21 - Print Disabilities Circumvention Rights)
- Day 22 - Libraries (Circumvention Rights)
- Day 23 - Education Institutions (Circumvention Rights)
- Day 24 - Time Shifting (Circumvention Rights)
- Day 25 - Statutory Obligations (Circumvention Rights)
- Day 26 - Investigation of Concealed Code (Circumvention Rights)
- Day 27 - Government Works (DRM Policy)
- Day 28 - Review of New Circumvention Rights (Circumvention Rights)
- Day 29 - No Ban on Circumvention Devices (Foundation Issue)
- Day 30 - Prohibition on Contractual Circumvention of Rights (Foundation Issue)
- 30 Things You Can Do

Source: Michael Geist’s 30 Days of DRM Page

Categories: Artists Against DRM, Big Media v Internet, Copyright, DMCA-like Laws, DRM & Research, DRM Analysis, DRM Arms Race, DRM Circumvention, DRM Restricting Use, DRM as Market Lock, Fair Use/Dealing, Intrusive TPMs - Rootkits, Legal Reform, Lobbying, Piracy, Policy Analysis

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Microsoft has begun sending out boilerplate cease and desist orders to web sites hosting the DRM Circumvention Tool FairUse4WM.

Sources: ars technica | Engadget | Warez | Inquirer

Related Posts:

• Law Review Article - Microsoft's War Waged with FairUse4WM (November 13, 2006)
• Microsoft Sues Viodentia - Viodentia Responds with a Software Update (September 26, 2006)
• Microsoft Issues Takedown Notices for Sites Hosting FairUse4WM (September 17, 2006)
• Microsoft & Viodentia Play Cat & Mouse with DRM-Circumvention Tool FairUse4WM (September 14, 2006)
• Hymn is Back with QTFairUse in an Ongoing Tit-for-Tat with Apple Over iTunes DRM (September 13, 2006)
• Microsoft's PlayForSure DRM Successfully Hacked (August 25, 2006)
• iTunes Locks out DRM-Free Purchases - Breaks PyMusique (March 21, 2005)
• Apple Brings Discord to Hymn (January 13, 2005)
• Apple Blocks Music Sales to Older iTunes - Forces Upgrade to Copy-Degraded Version (November 3, 2004)
• Hacker Takes Bite out of Apple's iTunes (August 12, 2004)
• Is Real's Hacking of iPod Legal? (July 30, 2004)
• RealNetworks Breaks Apple's Hold on iPod (July 26, 2004)
• iTunes DRM Cracked Wide Open for GNU/Linux (January 25, 2004)

Categories: DRM Arms Race

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Microsoft has been playing cat and mouse with the creator of FairUse4WM, a lone programmer who calls himself Viodentia. FairUse4WMV was first released by Viodentia on the Internet on August 19. Engadget first broke the story on August 25th. Microsoft released its first fix on August 28, but that was thwarted three days later by the release of an updated version of FairUse4WM. As of this posting, no new Microsoft fix has been released. In the mean time broadcaster BSkyB has stopped its broadband movie download service until Microsoft secures its DRM system. Other content download services such as Movielink, RealNetworks and MTV's Urge service use Microsoft's PlayforSure technology and are equally vulnerable.

Sources: New York Times | CNet News | Top Tech News | L.A. Times (AP) | CCRC | ZDNet Blogs | Times of India | Engadget | ZDNet | WindowsITPro | Ireland Online | Inquirer | Redmondmag.com | Physorg | DailyTech

BSkyB Suspends Use of Microsoft DRM: Times Online | The Register

Related Posts:

• Law Review Article - Microsoft's War Waged with FairUse4WM (November 13, 2006)
• Microsoft Sues Viodentia - Viodentia Responds with a Software Update (September 26, 2006)
• Microsoft Issues Takedown Notices for Sites Hosting FairUse4WM (September 17, 2006)
• Microsoft & Viodentia Play Cat & Mouse with DRM-Circumvention Tool FairUse4WM (September 14, 2006)
• Hymn is Back with QTFairUse in an Ongoing Tit-for-Tat with Apple Over iTunes DRM (September 13, 2006)
• Microsoft's PlayForSure DRM Successfully Hacked (August 25, 2006)
• iTunes Locks out DRM-Free Purchases - Breaks PyMusique (March 21, 2005)
• Apple Brings Discord to Hymn (January 13, 2005)
• Apple Blocks Music Sales to Older iTunes - Forces Upgrade to Copy-Degraded Version (November 3, 2004)
• Hacker Takes Bite out of Apple's iTunes (August 12, 2004)
• Is Real's Hacking of iPod Legal? (July 30, 2004)
• RealNetworks Breaks Apple's Hold on iPod (July 26, 2004)
• iTunes DRM Cracked Wide Open for GNU/Linux (January 25, 2004)

Categories: DRM Arms Race, DRM Circumvention

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In the last few weeks both iTunes Fairplay DRM and Microsoft's PlayForSure DRM have been under a tit-for-tat attack by QTFairUse6 and FairUse4WM respectively. Within hours of Apple's updated iTunes 7.0 to counter an earlier version of QTFaireUse6, a new version 2.3 was released to counter the update. QTFAirUse6 strips songs purchased through iTunes 7 of their DRM permitting honest Apple music purchasers to play their music on any device of their choosing.

Sources: ars technica | CD Freaks | SDA India | Inquirer | ZDNet Blogs | macnn | Wired Blogs

Earlier Pre-iTunes 7.0 Launch Stories About Emergence of QTFairUse6: Engadget | ars technica | ZDNet | ipodnn | CNet | Information Week | iTnews | CD Freaks | Tech Web | Macworld | Inquirer

Related Posts:

• Law Review Article - Microsoft's War Waged with FairUse4WM (November 13, 2006)
• Microsoft Sues Viodentia - Viodentia Responds with a Software Update (September 26, 2006)
• Microsoft Issues Takedown Notices for Sites Hosting FairUse4WM (September 17, 2006)
• Microsoft & Viodentia Play Cat & Mouse with DRM-Circumvention Tool FairUse4WM (September 14, 2006)
• Hymn is Back with QTFairUse in an Ongoing Tit-for-Tat with Apple Over iTunes DRM (September 13, 2006)
• Microsoft's PlayForSure DRM Successfully Hacked (August 25, 2006)
• iTunes Locks out DRM-Free Purchases - Breaks PyMusique (March 21, 2005)
• Apple Brings Discord to Hymn (January 13, 2005)
• Apple Blocks Music Sales to Older iTunes - Forces Upgrade to Copy-Degraded Version (November 3, 2004)
• Hacker Takes Bite out of Apple's iTunes (August 12, 2004)
• Is Real's Hacking of iPod Legal? (July 30, 2004)
• RealNetworks Breaks Apple's Hold on iPod (July 26, 2004)
• iTunes DRM Cracked Wide Open for GNU/Linux (January 25, 2004)

Categories: DRM Arms Race, DRM Circumvention

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Scott R. McCausland, 24, of Erie, Pennsylvania is one of three persons convicted of copyright infringement using a BitTorrent network. He faces up to five years in prison and a possible fine of up to $250,000 U.S. He had been using the Elite Torrents network which the FBI raided and shut down on May 25, 2005. McCausland had seeded the Elite Torrents nework with Star Wars Episode III: Revenge of the Sith more than six hours before it was released in theatres. It was subsequently downloaded more than 10,000 times before the network was shut down. He will be sentenced on December 12.

The press is calling this the “first” BitTorrent conviction. Perhaps this is the first North American conviction, but I reported back on October 5, 2005 that a Hong Kong man was convicted of copyright infringement while using BitTorrent. That, is the earliest BitTorrent conviction I am aware of.

Sources: Standard News Wire | ComputerWorld | Technology News Daily | InternetNews.com | CD Freaks | PC World | Security Pro News | North county Gazette | U.S. Newswire

Related Posts:

• Another BitTorrent User Conviction (September 12, 2006)
• First BitTorrent User Convicted (October 5, 2005)

Categories: BigMedia v. P2P Users, Convictions

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After a judge in New York's southern district ruled that eDonkey facilitated illegal activity by allowing users to swap copyrighted material over the eDonkey2000 network, MetaMachine Inc., the firm behind eDonkey, Overnet and their P2P variants, has agreed to cease distribution of their P2P software and to pay the RIAA $30 million to avoid a copyright infringement suit. The company also agreed to take measures to curtail file sharing by existing eDonkey and Overnet users. Despite the shutdown and settlement, existing users of eDonkey, and an open source version called eMule, will likely go on sharing files unabated. While BearShare, Kazza, Grokster and others have settled with the RIAA, Warez P2P, Limewire and Soulseek are examples of major P2P services that have not settled. The judge must approve the final terms of the eDonkey settlement.

Related Posts:

• eDonkey Settles for $30M and Shuts Down after Adverse Ruling (September 12, 2006)
• Spanish Police Target BitTorrent & eDonkey Sites (April 8, 2006)
• Music Industry Releases New Waive of Lawsuits (April 4, 2006)
• Hollywood Hails eDonkey P2P Shutdown (February 22, 2006)

Sources: ars technica | CNet | San Jose Mercury news (AP) | MP3.com | Slyck | CDfreaks.com | PC World | Mac World | Playfuls | PC Pro | BetaNews | The Register | Syndey Morning Herald | DRM Watch

Categories: BigMedia v P2P Providers, Decisions, Settlements

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Effective September 1, 2006, Russia implemented new legislation to crack down on illegal distribution through the internet of text, music and video in mp3 format. This has been a key condition of the United States in order for it to support Russia's entry into the 149-country global trade organization.

Dale's Comment: It's to be seen whether the law will have any bite, whether it will be enforced, and whether it will have any effect on AllofMP3.com

Sources: JURIST | MosNews | All Headline News | Torrent-freak | Yahoo! News | IP Due Diligence

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: Copyright, International Legal Reform, Piracy

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