IFPI Using Disputed Pirate Bay Verdict To Claim Web Hosting Companies Are Liable
from the stretch-the-truth-much? dept
After the entertainment industry partially won its Supreme Court decision against Grokster, it didn't take long at all for the RIAA to start claiming the ruling said stuff it didn't. Specifically, the Supreme Court ruling said that a site could be found liable if it induced infringement by encouraging such uses. This was already quite surprising to many because the idea of an "inducement" standard for copyright is not found in the law (in fact, some in Congress had introduced an "INDUCE Act" to try to put it into the law -- suggesting that even Congress didn't think copyright law includes an inducement standard). However, the RIAA falsely started claiming that the Supreme Court ruling made all sorts of file sharing apps -- even those that did not encourage unauthorized copying -- guilty of infringing copyrights.So, it should come as little surprise that the RIAA's international wing, the IFPI, appears to be doing the exact same thing with the recent Pirate Bay ruling (which, of course, is still being appealed and is highly disputed due to conflicts of interest with the judge in the case). The IFPI is apparently going around to web hosting firms who host other torrent trackers, and claiming that The Pirate Bay ruling makes them potentially criminally liable if they don't take down the tracker sites. But, of course, The Pirate Bay ruling was specific to the facts in that case, which are somewhat different from a random web host hosting a website for someone. Still, it just goes to show the lengths that the industry will go to in order to twist any legal ruling to try to shut down sites it doesn't like.
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Filed Under: inducement, liability, sweden, trial
Companies: ifpi
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Swedish law
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Re: Swedish law
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Re: Re: Swedish law
For example this kind of intent is what the prosecutor in the Pirate Bay referred to - the TPB guys knew the consequences of their actions but were indifferent to the result.
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How it works
So if someone puts together a Youtube video and doesn't have the right paperwork, so the labels unleash the trove of lawyers and sue them for $250,000 per illegitimate copy of what would normally be their share of a $.091 song.
Even by following the original spirit in which the copyright law was written, if someone physically reproduced a song that is less than five minutes, and made one million copies, the COMPULSORILY license would be in the amount of NINETY ONE THOUSAND ($91,000) DOLLARS.
But in reality, there is no physical copy, so COMPULSORILY MECHANICAL LICENSING doesn't apply, so their request is based on smoke and mirrors.
So they try to muddy the water by saying it's STEALING. But it's NOT because they still have in their possession the gold and platinum masters.
Why do you think the RIAA ranks the music the way they do? It's because back in the 1950s and 1960s, they physically pressed the vinyl using Gold Masters, because they last longer than a Silver Master.
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Re: How it works
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The Pirate Bay Verdict is a JOKE!
The Judge was in on it with the RIAA, Hardly a win!
FAWK YOU! IFPI
Go to hell and be with your RIAA, MPAA and other co-herts that need to burn in hell!
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Canada has one of the world's highest levels of internet piracy and one of the weakest IP enforcement systems. The country suffers from serious legislative deficiencies and a lack of engagement by its enforcement authorities.
The IFPI are nothing but masters of deception.
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How long until we have people in charge there who actually have a clue how it works?
And how long does it take before companies start reigning in their legal teams?
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Re:
how about never? does never work for you?
And how long does it take before companies start reigning in their legal teams?
yeeahh, i'm going to have to go with never.
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AC: No
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