Category — BigMedia v P2P Providers

Ars Technica: Why Piracy is More Common than Legal Video Downloads

Warez.com: Piracy, the clear choice for 2006 

Dale's Comment: Each of these articles make the same essential point. Piracy of video content is pervasive because it provides consumers with a product they want - a vast selection of high quality content, meeting the tastes of both the masses and the long tail - with the ability to use/view the content on any device and with any software/service of their choosing. Something the TV and movie-industries fail to provide to the very consumers eager to purchase it from them - if only it was conveniently available at fair prices and under fair use terms.

This oft-quoted remark by Disney co-chair Ann Sweeney made at a conference in October, shows at least that the industry is finally starting to grapple with the issue: 

"We understand now that piracy is a business model. It exists to serve a need in the market for consumers who want TV content on demand. Pirates compete the same way we do - through quality, price and availability. We we don’t like the model but we realise it’s competitive enough to make it a major competitor going forward."

Categories: BigMedia v P2P Providers, DRM-Free Services, FYI, New Business Models, Piracy, iVOD/iTV

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Davis' interview of DivX, Inc.'s CEO Jordan Greenhall is interesting. There isn't much here that is new to me but it is topical given DivX's recent public offering. One bit that was new to me was his explanation of why the inclusion of DivX encoding technology within CE devices like PVRs didn't make much sense until recently. Unlike decoding, encoding media to DivX is computationally intensive. Until a couple months ago DivX encoding chips where far more expensive than the inexpensive larger hard drives needed for use with less efficient codecs. With the emergence of cheap encoding chips it now makes sense for manufacturers to start embedding them within CE devices in conjunction with the DivX codec. 

The interview covers the history of the company, the current status and trends (YouTube, convergence) and where this promising, yet controversial, company and its technology are headed.

Dale's Comment: I had to smile when I read Greenhall's answers. Having lived in Silicon Valley for a few years, and having left it, his "Silicon Valley-speak" reminds me of the good old bubble days.  Take this snipped for example:

So the fact that DivX technology is associated with that path is a really interesting physical manifestation, but the reality of the value proposition is that the market, the community itself is a value proposition, so what you’ll find is, if you map our progress on a go forward basis …

Silicon-valley-speak notwithstanding, its an interesting interview of an interesting man in control of an important technology. Good work Davis!

Sources: Davis Freeberg

Categories: BigMedia v P2P Providers, FYI, New Tech, iVOD/iTV

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As the RIAA systematically works to shut down Torrent Sites around the Internet, some enterprising person at Digg Torrents found a way to use Google to search for and download torrent files. Torrent files are small files containing the data used by BitTorrent clients to locate the specific content (ie: a video, a document, music etc.) available for downloading from other BitTorrent users at that particular moment in time.

[Nov 18 Update: Since I first posted this, the service has changed its name from Google Torrents to Digg Torrents and moved to the new URL linked-to below. The name has changed but the use of Google to find torrents has not.]

Sources: Digg Torrents

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

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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 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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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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Back on May 9 I reported that the Free Peers had settled with the RIAA for $30M, shut down its BearShare P2P service and sold the BearShare assets to iMesh owner Musiclab. As it turns out, like Kazza before it, iMesh is re-introducing a new version of Bearshare (version 6 - currently in beta). BearShare 6 includes a “ToGo” portable music subscription, compatible with Windows Plays for Sure portable music players, as well as social networking features. The service will not be compatible with iTunes, iPods or the forthcoming Zune service from Microsoft. Subscribers will have access to 15 million songs, including 2.5 million from major labels. It will start with a free 30-day beta trial and eventually start charging a monthly fee.

Sources: MP3.com | TechWeb | Business Wire | ZD Net | Reuters | iTnews Australia | P2P Weblog | BetaNews

Related P2P Going ‘Legit’ Posts:

• iMesh Raises BearShare from the Dead and Takes it ‘Legit’ (August 23, 2006)
• Kazaa Settles for $100+ and Goes ‘Legit’ (July 27, 2006)
• Warner Bros. and BitTorrent Partner to Download Movies (May 9, 2006)

Related iMesh/Bearshare Posts:

• iMesh Raises BearShare from the Dead and Takes it ‘Legit’ (August 23, 2006)
• Bearshare Settles with RIAA for $30 M and Shuts Down (May 9, 2006)
• Music Industry Releases New Wave of Lawsuits (April 4, 2006)

Categories: BigMedia v P2P Providers, New Business Models, Settlements

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Text of Complaint
Text of LimeWire’s Counter Claim
Like Napster, Kazaa, Grokster, Streamcast, Bearshare and others before it, the music industry has set its legal sights on LimeWire, a leading P2P content distribution service. In a suit filed in Manhattan federal court, the record companies accuse LimeWire of profiting from illicit downloads of their music, saying “the scope of the infringement is massive”. In the complaint they are accused of contributory copyright infringement, vicarious copyright infringement, and, uniquely, common law copyright infringement. In September of 2005, Limewire and other P2P software providers were served with cease and desist letters. Since then BearShare, eDonkey and WinMX all ceased operations as a result of the letter. LimeWire continued.

Sources: CNet | Slyck | L.A. Times (AP) | DRM Watch | ZDNet | Silicon.com | Afterdawn | CD Freaks | Reuters

Related Posts:

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

Categories: BigMedia v P2P Providers

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See this NY Times Article on the emergence of so-called Darknets.

Categories: BigMedia v NewTech, BigMedia v P2P Providers, New Tech

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After many years of legal battles both in North America and Australia, Sharman Networks, the owners of the popular Kazaa peer-to-peer file sharing network, (owned by the founders of Skype) have settled with the international record labels (Universal, Sony BMG, EMI and Warner Music) for in excess of $100 million U.S. Sharman will distribute music through licensing arrangements and has agreed to filter out non-licensed content. Sharman had lost an important decision in the Federal Court of Australia in September 2005, but on February 20, 2006 had said they were going to appeal that decision. Under the settlement agreement, major record companies will be entitled to 20% of proceeds of eventual music sales through the system.

Sources: New York Times | L.A. Times | ARIA Press Release | Red Herring | ars technica | BBC | Daily Telegraph (Aus) | Herald Sun (Aus) | Slyck | SiliconValley.com | Xinhaunet (China) | San Jose Mercury News | Toronto Star | Seattle Times (AP) | VNUNet | Washington Times | CNet | ZDNet | PC World (Aus) | USA Today | Bloomberg

Related Kazaa Posts:

• RIAA P2P Defendant Brings Class Action Suit Against Kazaa Creator Sharman Networks (December 12, 2006)
• P2P Download Defendant Argues Kazaa Settlement Covers Him (Greubel) (November 20, 2006)
• Kazaa Settles for $100M+ and Goes 'Legit' (July 27, 2006)
• Kazaa, Record Company Lawyers Ready for Australian Appeal (February 20, 2006)
• Australian High Court Rules Against Kazaa (September 5, 2005)

Related P2P Going 'Legit' Posts:

• iMesh Raises BearShare from the Dead and Takes it 'Legit' (August 23, 2006)
• Kazaa Settles for $100+ and Goes 'Legit' (July 27, 2006)
• Warner Bros. and BitTorrent Partner to Download Movies (May 9, 2006)

Categories: BigMedia v P2P Providers, Settlements

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MP3 version of Conference Call (6.4M)
Ray Beckerman, a lawyer who defends consumers in RIAA cases, held a recent press conference on the topic.

Sources: ars technica | Transcript of Conference Call | P2P Weblog | EFF Deep Links

Related Posts:

• RIAA Wants U.S. ISPs to Offer Discounted Settlements to Alleged P2P Users (February 14, 2007)
• Lawyer who Fights the RIAA Speaks Out (July 21, 2006)
• Dutch Court Rules ISPs Need Not Disclose File Swapper IDs (July 17, 2006)
• British ISP, Tiscali, Refuses BPI Request to Disconnect 17 Users (July 12, 2006)
• RIAA to Students: 'Drop out of College to Pay Settlement'
• Gonzales Calls for 'Reasonable' Data Retention (April 21, 2006)
• Warner/RIAA vs. The John Does Trial to Start May 19 (April 20, 2006)
• One Man's First Hand Account of Being Put Through Hell by the RIAA (April 14, 2006)
• How the RIAA Litigation Process Works (April 5, 2006)
• Canadian Federal Court of Appeal Reaches a Stalemate as to Whether and How Discovery of P2P Users' Identity can be compelled (May 19, 2005)
• Canadian Federal Court Rejects CRIA Motion to Disclose IP Addresses of P2P Users (March 31, 2004)

Categories: BigMedia v P2P Providers, BigMedia v. P2P Users

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In this fun article, the EFF suggests a dozen or so questions that should be asked of the Entertainment Industry when challenging their legal/technological tactics used to thwart emerging technologies that they perceive as threatening their business models.

Source: EFF

Categories: BigMedia v P2P Providers, BigMedia v. P2P Users, DRM Analysis

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Text of U.S.S.C. Grokster Decision
I link to several “one year after” stories. The essence of these stories, as anyone who has paid attention over the last year knows, is that, while the law suits may continue, and the content industry legal tactics may be changing, Internet-based file sharing not only continues but has increased.

Dale’s Comment: As has been the pattern of the content industry for a century, fighting new technologies may stem the inevitable tide for awhile, but in the end, the content industry will have to adapt its business models to the Internet era. As with all the technologies they opposed in the past (player pianos, FM radio, VCRs, cassette tapes and more), the content industry will, of necessity, embrace consumer-friendly and fair Internet music distribution business models and, despite themselves, will likely be even more profitable when they do. The question is, how long will they persist with this futile battle.

Sources: San Jose Mercury News | MSNBC | LA Times | Star Tribune

Related Posts:

• One Year After Grokster Decision: File Sharing Continues Unabated (June 27, 2006)
• Grokster Shuttered in Court Settlement (November 7, 2005)
• U.S. Supreme Court Finds Grokster Liable (June 27, 2005)
• Grokster & Streamcast Win Major Court Victory (August 9, 2004)

Categories: BigMedia v P2P Providers, Policy Analysis

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Less than a week after being shuttered by police in Sweden, from servers in The Netherlands, the Pirate Bay is back at its original domain, thepiratebay.org.

Sources: The Register | Wired | Slyck | Digital Spy | P2PNet | Security Pro News

Related Posts:

• As Promised, The Pirate Bay is Back! (June 5, 2006)
• BitTorrent Site PirateBay.org Raided - Servers Seized (May 31, 2006)
  
• The Pirate Bay: Here to Stay? (Wired Feature) (March 13, 2006)

Categories: BigMedia v P2P Providers

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It appears that The Pirate Bay is not the only Torrent search site under attack by the MPAA, Canada-based ISOHunt is now the subject of an MPAA lawsuit.

Sources: CBC  |  ISOHunt Forum Discussion  |  P2PNet

Categories: BigMedia v P2P Providers, Cases

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The site was raided by Swedish law enforcement and its server farms confiscated. Three were arrested. It’s servers host only .torrent files, not actual copyrighted material. As a tracker site, ThePirateBay.org’s function is to index .torrent files and to direct BitTorrent traffic and maintain the swarm (uploads and downloads).The legality of indirectly linking to copyrighted material has apparently not yet been tested by Swedish courts.

Sources: ars technica | Slyck | CNet | Forbes | ABC News (AP) | Wired | The Register

Dale’s Comment: Another one down, infinite tracker sites to go!! But is it? The day after the raid, The Pirate Bay promised to be up and running again within days - in another country. I’ll keep you posted.

Related Posts:

• As Promised, The Pirate Bay is Back! (June 5, 2006)
• BitTorrent Site PirateBay.org Raided - Servers Seized (May 31, 2006)
  
• The Pirate Bay: Here to Stay? (Wired Feature) (March 13, 2006)

Categories: BigMedia v P2P Providers, Police Actions

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The Chinese government has passed a new regulation to ban the uploading and downloading of Internet material without the copyright holder’s permission. The production, import and supply of devices that are capable of evading or breaching technical measures of copyright protection and technical services are prohibited under the regulation. The new regulation provides for a fine up to 100,000 yuan (12,500 U.S. dollars) and confiscation of computer equipment for those who breach copyright.

Sources: People’s Daily Online  |  ars technica
 
Dale’s Comment: Of course, the real question is, will China enforce this law in any way.

Related Posts:

• Germans Face Two Years in Prison for Downloading Latest Film (March 24, 2006)

Categories: BigMedia v P2P Providers, BigMedia v. P2P Users, Laws

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German authorities searched over 130 premises of alleged eDonkey pirates in Cologne and Bergheim on Tuesday. Police have charged thousands of eDonkey users alleging they were sharing up to 8,000 copyrighted works. The individuals face large fines of up to $19K and even jail time.

Sources: BBC | Slyck | Register | ZDNet | Reuters | MP3.com | United Press Int’l | Mac World

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)

Categories: BigMedia v P2P Providers, Police Actions, Privacy

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Text of Complaint
Torrentspy has filed a lawsuit against the MPAA, accusing the group of conspiracy, unlawful business practices, misappropriation of trade secrets, violations of the California Invasion of Privacy Act, and more. Valencie Media, the operators of TorrentSpy allege that the MPAA hired a former business associate to hack into its systems to access its confidential information.
Sources: ars technica | San Jose Mercury News (AP) | PC Magazine | The Register | CNet | ZDNet | ComputerWorld | Slyck | Security Pro News
Related Posts:

• Torrentspy Sues the MPAA for Conspiracy and Invasion of Privacy (May 25, 2006)
• Torrentspy Fights Back Against MPAA in Motion to Dismiss (March 28, 2006)

Categories: BigMedia v P2P Providers, Cases, Privacy

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Under the proposed judgment, which still must be approved by the court, the operators of once-popular Bearshare, Free Peers, has entered into a $30 million settlement with the RIAA to settle copyright violation charges against and down. BearShare’s assets, including the domain name and list of BearShare users, were sold to iMesh.

Sources: ZDNet | BBC | Red Herring | L.A. Times (AP) | MP3.com | BetaNews | Canada.com | Billboard Radio Monitor | Wall St. Journal | DVD-Recordable.com | afterdawn.com | P2PNet

Related Posts:

• iMesh Raises BearShare from the Dead and Takes it ‘Legit’ (August 23, 2006)
• Bearshare Settles with RIAA for $30 M and Shuts Down (May 9, 2006)