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ISP's agree on Copyright Alert System, plan to notify you to death for piracy infringements
Too little, too late, we're afraid. For the past decade or so, the RIAA (amongst others) have spent every waking hour figuring out how to best sue and frighten every internet-connected human that even dares think about an illegal download. Now that said practice has failed miserably, it's finally resorting to something sensible. The entity announced today that AT&T, Verizon, Comcast, Time Warner Cable and Cablevision have teamed up with the RIAA and MPAA in order to agree upon a six-stage notification system that'll electronically alert internet users whenever their account is used for wrongful downloading. It's actually not all that much different than the systems that have been in place at Suddenlink for what feels like eons, but at least this creates a standard protocol that the whole lot can adhere to. Oh, and before you ask -- under no circumstances will any of these notices result in termination of your broadband connection. There's no way an ISP would agree to such a thing, and indeed, they haven't here. The full run-down can be delved into below, but it's worth noting that no extra "watching" procedures are being put into place; your ISP will only drop you a line if a content overlord asks 'em to. Good times, no?
WWDC 2011 liveblog: Steve Jobs talks iOS 5, OS X Lion, iCloud and more!
You're in the right place! Bookmark this page and return on Monday at the times listed below to see Steve Jobs take the stage at Moscone West. WWDC 2011 promises a peek at iOS 5, OS X Lion, the iCloud music storage offering and who knows what else. The iPhone 5? Don't count on it, but also, don't count it out. Your town not listed? Shout your time in comments below! 07:00AM - Hawaii 10:00AM - Pacific 11:00AM - Mountain 12:00PM - Central 01:00PM - Eastern 06:00PM - London 07:00PM - Paris 09:00PM - Moscow 02:00AM - Tokyo (June 7th)
Tennessee bill broadens scope of 'theft,' wide enough to include web-based subscription services?
This week, Tennessee signed a bill that made waves across the web, with many sites claiming that sharing your log-in credentials for services such as Netflix could soon land you in the slammer. The actual story isn't that simple. The bill essentially adds onto laws pertaining to the theft of 'services' in the legal sense by covering more things that can be defined under the title. For instance, the original list included cable services, to keep folks from jacking free HBO -- now, stealing "entertainment subscription services" can make you a felon as well. Tennessee has always been a hotspot for the recording industry, so there's almost no question about what this bill was meant to fight; during a senate hearing for the bill, the RIAA itself explained that online music services could be pirated via password sharing. It also added, though, that users who share passwords "en-masse" are the focus, rather than individual cases like it had pursued in the past. However, this bill covers more than online services and could even extend to physical media such as magazines, another example vulnerable to this type of theft. Furthermore, while sharing passwords to these "entertainment services" may be illegal after its enactment on July 1st, that's not what this legislation is technically about; the RIAA would still need to prove that password sharing equates to theft in a court of law. You can check the links down below for more details.
The Protect IP Act: Google's Eric Schmidt squares off against RIAA and MPAA
Protecting intellectual property sounds like such a noble cause that you'd have to be a anarchistic free-market extremist to be against the idea, right? Actually, we don't think Google CEO Eric Schmidt is particularly extreme in any definable way, yet this past week he spoke with gusto, railing against the proposed Protect IP Act, which was designed to "prevent online threats to economic creativity and theft of intellectual property." If passed into law, it would give the government the right to shut down any "Internet site dedicated to infringing activities" -- "infringing activities" largely being of the sort that allows dude A to download copyrighted item B from dude C when it's unclear whether dude C has legal rights to be distributing B in the first place. So, you know, it's targeting the Pirate Bay and its ilk, giving government officials greater power to sweep in and snag the domains of such sites. Schmidt calls this approach a set of "arbitrarily simple solutions to complex problems" that "sets a very bad precedent." The precedent? That it's okay for democratic governments to go and kill any site they don't like, something Schmidt says would only encourage restrictive policies in countries like China. While we don't think China really needs any sort of encouragement at all to keep on building up its Great Firewall, we tend to agree that this is a much more complicated problem than the Act makes it out to be. That said, one must admit that Schmidt's opinions are necessarily somewhat swayed by the knowledge that any such law would also have a negative impact on the business of search engines in general. But of course no such volley of words could go unanswered from the two shining knights of copyright protection, the MPAA and RIAA, which mounted up their corporate blogs, rode down from twin castles full of lawyers, and collectively told Schmidt he's full of it. The MPAA spun Schmidt's comments into some sort of act of civil disobedience, saying that "Google seems to think it's above America's laws." Meanwhile, the RIAA called the statement "a confusing step backwards by one of the most influential internet companies." Obviously it's only going to get nastier from here, so buckle your seatbelts, place your bets, and hang on to your BitTorrent clients.
LimeWire reaches $105 million settlement with record labels
It's been a long, slow demise for the once mighty file sharing service, but LimeWire has now taken one last big step towards being a footnote in internet history. The company reached an out of court settlement with the major record labels yesterday, which will see it and its founder, Mark Gorton, fork over $105 million to finally put an end to its longstanding dispute with the RIAA. In a statement, the RIAA said that the settlement was "another milestone in the continuing evolution of online music to a legitimate marketplace that appropriately rewards creators," while LimeWire's attorney said simply that he was "pleased that this case has concluded." You'll note, of course, that the RIAA said "another" milestone -- it's obviously still hoping for plenty more settlements or legal victories where this one came from.
Apple and other music retailers purportedly looking at 24-bit, high-fidelity audio downloads
Digital downloads, at least pertaining to music, have come a long, long way. The iTunes Music Store in particular has surpassed Walmart as America's leading seller of music, and it's evolved from a DRM-laden mess to a restriction-free(ish) marketplace with higher-than-average bitrate support. But it seems that 256kbps simply isn't high enough. According to unnamed "executives involved in talks," Apple -- as well as a few other digital music retailers -- are currently in discussions with labels to "improve the quality of the song files they sell." Essentially, these retailers are hoping to hawk 24-bit audio rather than the compressed 16-bit files available today, possibly with a price premium attached. The real trick, however, won't be coercing the labels to cooperate, but to retool future devices to actually play back 24-bit files. iTunes itself is already capable of handling 'em, but the iPod, iPhone and a slew of other handheld devices aren't. The report doesn't mention how close to a deal anyone is, but we're guessing it'll be sooner rather than later. Here's hoping the iPhone 5 ships with 128GB of capacity -- we're going to need an awful lot of space to handle those lossless Police albums.
Google begins censoring autocomplete results for BitTorrent, RapidShare and other Big Media profanity
Tried searching for "BitTorrent," "RapidShare," "uTorrent," "MegaUpload" or even "Ubuntu torrent" lately? Good luck finding a Google domain that'll autocomplete those results for you. Presumably caving to pleading from the MPAA and / or RIAA, El Goog has quietly begun to censor the results it shows when typing the above terms. Needless to say, the aforesaid companies aren't too keen on the new procedures, and strangely enough, a number of other sites that would typically be grouped into this same category -- MediaFire, 4shared and HotFile -- remain on the cleared list. Hit the source link if you're looking for loads of responses from companies angered with Google's move, and feel free to reset your homepage to Bing, Yahoo or any other search engine who has yet to bend. You know, if you're feeling rebellious.
LimeWire the online store fades away, LimeWire the file-sharing service soldiers on
In what will no doubt be held up as an shining example of irony in the months and years to come, it seems the RIAA has succeeded in shutting down LimeWire... but only the legal part. The LimeWire Store, which legitimately sold online music, will reportedly close on December 31st, and the site itself states that it won't be taking new customers from now on. Where, oh where will folks get their digital tunes instead? Some might go right back to filching them using LimeWire's peer-to-peer application, which hasn't actually been squashed by the injunction. Yes, a rogue group released LimeWire Pirate Edition last month, a version of the original Gnutella P2P client with all the bloat stripped out and premium functionality turned on, which is apparently receiving so welcome a reception in the file-sharing community that the Lime Group felt the need to issue a cease-and-desist to those distributing the software. Yo ho, yo ho...
CD Projekt fighting Witcher 2 piracy with threat of fine
CD Projekt is worried about piracy -- specifically, as it concerns the developer's upcoming, adult-oriented RPG, The Witcher 2: Assassins of Kings -- and understandably so. As a single-player-only PC title, The Witcher 2 is awfully ripe for pirating. However, the Polish developer is hoping to counteract these illicit acquisitions by more doggedly pursuing those who play the game illegally. CD Projekt co-founder Marcin Iwiński recently told Eurogamer that "we are signing with legal firms and torrent sneaking companies" to hunt down gamers who download The Witcher 2 unlawfully. Such offenders will be sent a letter demanding they pay a fine -- the sum of which was left unspecified, though it will be more than the game's suggested retail price. Though it sounds a bit like the RIAA's anti-piracy scare tactics, Iwiński said, "We don't want to be so harsh, but there is a chance that this might happen to some people if they download illegally." Or, in other words, don't make CD Projekt use its angry voice, because it's going to hurt them a lot more than it's going to hurt you.
Limewire ordered to disable 'all functionality,' company pledges to keep operating... somehow (video)
Today marks another sad day for the three people out there using P2P sites to share open source software and copyright-free materials -- plus all the other millions of people downloading illegal stuff. The RIAA has been involved in a legal battle against popular P2P client Limewire for years now and back in June it finally got the verdict it was looking for. A federal court found that the Lime Group, which maintains and distributes the software, did not take "meaningful efforts to mitigate infringement." Now, that same court has issued an injunction ordering that Lime Group disable "the searching, downloading, uploading, file trading and/or file distribution functionality, and/or all functionality." So, you know, pretty much turn the thing off. We're not sure when that'll happen, but we're guessing soon, and while a Lime Group representative indicated a desire to move forward and work with the record labels that seems awfully optimistic. You see, the court still hasn't decided how much the Group owes in damages, and we think that rather than working with them going forward the RIAA would prefer to put this lime in a coconut and, well... [Thanks to everyone who sent this in, image courtesy Rookie Cookie]
Apple slyly enables background iDisk music streaming in iOS 4
Well, would you look at that? The v1.2 update to MobileMe iDisk that Apple pushed out last month has a secret -- er, did have a secret. One of the concealed new features of the app is background streaming, or as Apple puts it, the ability to "play audio from your iDisk while using another app." For starters, it's pretty fantastic just to have this functionality in-hand for your own garage jams, but what's more is that any licensed music on your iDisk still streams perfectly fine. Only time will tell if any record labels (or that mean, mean RIAA) step forward with a grievance, but this could very well be the beginning of iTunes in the cloud. Or a reason for buying Lala. Or a mysterious combination of the two.
Major labels show eagerness to fail with new CMX digital audio format
Let's think about this, shall we? How did Sony's ATRAC format do? How did all those DRM-laced formats fare? Call us zany, but we've got a feeling an all new format developed by the astoundingly brilliant (ahem) minds at the world's largest record labels is apt to follow the aforementioned formats right on down to Irrelevant Boulevard. According to Times Online, Sony, Warner, Universal and EMI are currently looking to go head-to-head with Apple's own "Cocktail" by introducing a CMX format (codenamed) that will "give music fans a computerized version of the sleeve notes that come as standard with a CD, including lyrics and artwork, and videos." Reportedly, the format is expected to launch in November in an effort to boost whole album downloads (as opposed to singles), and while the labels approached Apple in order to gain its support, the Cupertino-based company purportedly decided to concoct its own mixture. Oh, and you can pretty much consider this extra DOA should iTunes not support it; fair or not, that's just the way it is.[Via Guardian]
RIAA says consumers shouldn't expect DRM servers to run forever
Man, these Copyright Office triennial DMCA hearings seem to be some kind of competition for media-industry lawyers to present ridiculous arguments -- just a couple months after the MPAA tried to convince us that videotaping DVDs was an acceptable alternative to ripping, the RIAA's claiming that consumers shouldn't expect their DRM servers to stay online and allow them to play their music to play forever. No joke. The argument comes as the Copyright Office decides whether or not to allow a DMCA exemption for breaking DRM, and RIAA lawyer Steven Metalitz's position is that copyright owners shouldn't be required to "provide consumers with perpetual access to creative works," since "no other product or service providers are held to such lofty standards." Of course, that's only partially true, since properly maintained physical media and DRM-free content theoretically can be played forever, but why acknowledge reality when you can jack up your legal bills making completely absurd arguments that make your porcine, slowly-decaying clients seem even more doomed than before?
Kazaa also turning its life around, becoming legal music subscription service
We must have missed the memo that informed us of the impending revival sweeping the illicit music landscape, but there's no denying its potency now. Just weeks after Napster and Pirate Bay decided to right the wrong and morph into legitimate music subscription services (or something of the sort, anyway), the infamous and all-but-forgotten Kazaa has evidently decided to do the same. According to "sources close to the company," the site is expected to officially exit beta and begin a $20 per month unlimited download service as early as next week, though details beyond that are few and far between. On the surface, it seems as if it'll be shooting itself in the foot from day one by charging a Jackson per month, but hopefully that includes a little something extra that we aren't privy to yet. At any rate, it looks like your illegal acquisition options are slowly dwindling down, but hey, it's not like a little consolidation ever hurt anybody, right?
Pirate Bay owners announce give-and-take model, proclaim "filesharers are our best friends"
When the Pirate Bay was suddenly and unexpectedly commandeered by Global Gaming Factory late last month, only a few clues were dropped as to how the new site would proceed as a legally acceptable entity. Now, however, the owners are speaking up, and their business plan sure sounds unorthodox, if not fatuous in nature. In a new report, we're told that the new face of TPB should appear in around a month, and with the refresh will come a handful of "give-and-take" pay models that will somehow please both customers and the top brass within the music industry. Here's how Hans Pandeya, the chief executive of GGF, explains things: "The more you give, the more you get. For the great majority, [the new service] will be free of charge, for a minority it will actually make them money, and for a small portion it will cost them. We know that unless we're able to create revenues for the filesharers they'll just move on to the next free site. Filesharers are our best friends."Mr. Pandeya also affirmed that his outfit was currently in negotiations with some of the music industry's biggest players, and while he wouldn't list 'em by name, he did note that things have been "positive" so far. Another interesting aspect of all this is how it expects to generate revenue outside of actual music consumers. Reportedly, the new site will raise cash "through advertising and by making network data traffic cheaper and more efficient for internet service providers, which would be done by making the filesharing more local, allowing users in the same city to be interconnected as opposed to swapping data across multiple borders." Is P2P 2.0 upon us? Is the conventional subscription model about to be turned upside down by a most unlikely source? If Hans' dreams come true, it sure seems possible.
LGJ: If 24 songs = $1.9 million, then 1 game = ?
Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games: Maybe you heard about the verdict that just came out in one of the music file-sharing cases: $1.9 million for 24 songs. So, what does this have to do with gaming? More than you would probably imagine, since this gets to the root of copyright and statutory damages. In fact, EFF legal scholar Fred von Lohmann posted an interesting piece on whether the penalty is even Constitutional. Whether this is the suit that breaks the back of statutory damages has yet to be seen, but it's something that any media producer or consumer should be keeping an eye on.Of course, much of that may be getting ahead of the issue of explaining this decision in greater depth so that everyone can understand what the actual problem is. We've talked about copyright infringement and piracy at length on LGJ, and the issue here is what comes after someone is found to have infringed on a copyrighted work: damages. Specifically, we're talking about statutory damages, which something a lot of people may not be very familiar with at all.
RealDVD ripping software heads to court, fair use advocates on pins and needles
Let's face it -- quite a lot is resting on the outcome of this case. For months now, RealNetworks has been unable to legally sell its RealDVD movie ripping software after a court issued a temporary restraining order that remains valid until it's decided if the application violates the DMCA (Digital Millennium Copyright Act). Now, the software is finally having its day in court, and the outcome could shape the future of the DVD player (for better or worse). You see, Real has already assembled a prototype Facet device that hums along on Linux; essentially, this DVD playing machine would sell for around $300 and could store up to 70 movies internally. On the surface, this sounds entirely like a poor man's Kaleidescape, but only time will tell if The Man agrees. Cross your fingers folks, we get the feeling fair use advocates are going to need the luck.
The Pirate Bay founders sentenced to prison, website soldiers on
In what's being described as a landmark verdict, four men responsible for assisting throngs of dubious internet users to download all sorts of copyrighted material are being ushered off to prison cells for twelve whole months. The Stockholm district court in Sweden found the defendants guilty not of hosting materially illegally, but of "providing a website with sophisticated search functions, simple download and storage capabilities, and a tracker linked to the website [that helped users commit copyright violations]." As expected, the foursome seems unaffected by the ruling, with Peter Sunde (shown) tweeting that "it used to be only movies, now even verdicts are out before the official release." After jail, the crew will be forced by pay 30 million kronor ($3.56 million) to a number of entertainment companies, which is far less than those firms were hoping for. Curiously, we're told that the verdict didn't include an order to shut down The Pirate Bay website, and you can pretty much bank on an appeal being filed in record time.[Thanks to everyone who sent this in]
Nokia aiming for DRM-free implementation of Comes With Music
Make no mistake -- there's no need to wait for Nokia and its partner studios to implement a DRM-free version of Comes With Music to enjoy your subscription tracks on any device you want, but at least the handset maker -- along with those in control of the jams -- are working towards a legal way to strip your downloads of that pesky rights management stuff. According to an article on the matter from Singapore today, Adam Mirabella, director of Global Digital Music Retail at Nokia, had this to say: "We have dialogs going with all of our partners and Digital Rights Management-free (DRM-free) is also on the roadmap for the future integration of Comes With Music." No further details were spilled, but we'd say that's clear cut enough to get one's hopes up. Just don't bank on this going down anytime soon -- you should know there's lots of red tape to cut before those CmW tunes are freed of their shackles.[Thanks, Masa]
NYT: Music execs operate 'in fear of Apple'
In today's New York Times, Tim Arango tells a story of a heated conversation between Sony Music's Rolf Schmidt-Holtz and Steve Jobs on Christmas Eve -- one that "ricocheted around the music industry." Apparently, before the announcement at Macworld, all the labels except Sony had agreed to a new pricing deal. Sony wanted the new pricing to take effect immediately after the announcement, but Jobs wanted a longer rollout. After the phone call, according to the Times, Sony agreed to the longer waiting period. During this time, Jobs was allegedly on medical leave, recuperating at home from his much-publicized illness. Arango notes that Jobs' point-man on music industry relations, Eddie Cue, and Apple's entire staff "do their best to follow Mr. Jobs's style in their own negotiating." That is to say: Hardball. Music executives, according to an unnamed source, are afraid of angering Apple, as Apple can single-handedly remove a label's catalog from the iTunes store, angering the label's customers. At the same time, Apple can claim that their hands were tied, the decision wasn't theirs, and that all the ire should be directed at the music industry. Such a thing hasn't happened -- yet -- but the threat is there, and real. The labels, on the other hand, feel like they brought Apple back from the dead, blessing the company with content. Even so, David Card of Forrester Research offered an interesting coda to the story: "if it weren't for Apple, God knows how bad the music industry would be," he said. [Via 9-to-5 Mac.]
