ICE Admits To Returning Domain While RIAA Threatens Dajaz1 With More Legal Actions
from the oh-really? dept
The continuing saga of the Dajaz1 censorship is unfolding in interesting ways. While some of us thought that both ICE and the RIAA owed Dajaz1 a pretty big apology for wrongly seizing and censoring the site for a year, all while denying due process, those two organizations apparently have other ideas. ICE gave an almost content free statement to Tim Lee:ICE spokesman Ross Feinstein told Ars that "the government concluded that the appropriate and just result was to decline to pursue judicial forfeiture."If the "appropriate and just result" was not to pursue forfeiture... then it seems quite reasonable to ask if the actual "appropriate and just" thing would have been to have never seized the domain in the first place. Or to have given it back when asked.
So what took so long? Feinstin wouldn't elaborate on why the domain was seized or why the government had changed its mind.
Meanwhile, we'd already noted a weird statmenent from the RIAA on the subject, but the organization issued a more detailed response to Jon Healey from the LA Times:
We understand that a decision was made that this particular site did not merit a criminal forfeiture proceeding. We respect that government agencies must consider a range of technical issues when exercising their independent prosecutorial discretion. Criminal proceedings are not always brought, for a variety of appropriate reasons.Note the lack of an apology for taking away their property on no legitimate basis for over a year. Even if we grant the RIAA their premise that the site infringed (which we don't), does it still make it right that the domain was completely censored for a year, and that the government tried very hard to avoid having to give it back? How can the RIAA not apologize for such a situation?
With respect to Dajaz1, we would note that this particular website has specialized in the massive unauthorized distribution of pre-release music -– arguably the worst and most damaging form of digital theft. For a year and a half, we monitored the site, identifying instances where its operators had uploaded music to unauthorized file-sharing services where the recordings could be freely downloaded -- music that artists had created with the expectation that they would have a chance to sell before it was leaked. Dajaz1 profited from its reputation for providing links to pre-release copies, and during that time nearly 2,300 recordings linked to the site were removed from various file-sharing services. We are unaware of a single instance where the site operator objected by saying that the distribution was somehow authorized.
If the site continues to operate in an illegal manner, we will consider all our legal options to prevent further damage to the music community.
We are aware of statements by the site operator that suggest that music companies themselves were the source of at least some of the thousands of recordings available on Dajaz1. Even assuming this to be accurate, it does not excuse the thousands of other pre-release tracks also made available which were neither authorized for commercial distribution nor for uploading to publicly accessible sites where they were readily downloadable for free.
Even more to the point, though, is the fact that the RIAA still insists the site was illegal, even after all of this. It seems to be issuing a threat to figure out yet another way to get a bite at this apple, despite it being rejected. And now you know why the RIAA supports SOPA and PIPA. Under those laws, it would be that much easier to knock out competition and innovation.
Of course to understand some of the details of how these blogs work, and why the RIAA is being misleading, at best, there's a great and insightful comment from R.K. Udeshi on Hacker News, who explains:
If you're not familiar with hip-hop music blogs like the one cited in the article, please visit http://nahright.com or http://missinfo.tv to get a better idea of what they look like (since dajaz1.com doesn't seem to be back up yet, understandably).That makes the point quite succinctly. These blogs are the new radio, and there's a total disconnect between the lawyers and the marketing folks. Of course, it's one thing for there to be confusion between two parts of a company... and quite another for that disconnect to lead to outright censorship and denial of due process.
Almost every track posted to sites like these are released by the artists themselves (or by their labels). Many hip-hop blogs (including the two I linked) will not post songs if they weren't legitimately authorized by the artists (e.g. if a track was stolen and leaked on the web).
Something you won't ever see are full albums. These sites aren't designed to replace album sales, they actually encourage them. They will only link to individual songs or freely released mixtapes.
(Also, you'll note that a lot of the music posted is from unsigned artists. A lot of newer rappers actually rose to prominence after having their music posted on these sites.)
There are many, many sites that willingly infringe on copyright and the government has good reason for shutting down. This was not one of them.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: censorship, doj, domain seizure, homeland security, ice
Companies: dajaz1, riaa
Reader Comments
Subscribe: RSS
View by: Time | Thread
There's nothing to stop a bunch of copyright holders from getting together and one by one getting a site they all don't like pulled/cut off from ad revenue for nonexistent infringement, then have another copyright holder falsely accuse once the previous charges are dismissed, and so on.
Ganging up on victims with lawsuits has been done before. There's been cases where 10+ trolls file near simultaneous and near duplicate lawsuits against the same person to put them out of business.
[ link to this | view in chronology ]
Re:
Sony did this with Bleem 20 years ago. So it seems that the RIAA is doing everything it can to make everyone seem like a pirate.
[ link to this | view in chronology ]
That seems to be a less than honest statement. When one of these sites was shut down and we checked the Google cache of the sites, it was easy to find "user generated content" of remixes and other infringing materials as a key part of the sites.
There seemed to be plenty of less than "authorized" material kicking around.
[ link to this | view in chronology ]
Re:
Again greedtards dont believe in fair use.
Mixes may have been fair use and appears to be as the charges were dismissed.
"There seemed to be plenty of less than "authorized" material kicking around." - Apparently not assclown.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
Second, fair use is a case by case thing. Obviously a judge would look at past case law to render a verdict but they would also listen to the track. Nowhere is it written that called something a 'remix' automatically means it is not fair use. That would be absurd.
[ link to this | view in chronology ]
Re: Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re: Re:
Certainly is when the majors get their way. I expect a moment of "Let them eat cake" too -- but they have to remember the last time it happened that way, it didn't turn out too well for the ones who uttered those words, and most of them lost their heads after they ate their words.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re:
You cannot just look at a blog post and say something is obviously infringing, nor can you know what authorization was received behind the scenes.
[ link to this | view in chronology ]
Re:
The site you are talking about was a forum site. The site that guy is talking about were the blogs. The two are separate and distinct. Do not mix them up.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
Honestly, I wouldn't have thought so either. But since the DOJ couldn't even come up with a single example of an actual infringing track for their affidavit, I think it's clear that in fact the majority of them WERE legal and approved.
[ link to this | view in chronology ]
Re:
The fact that they weren't able to pass on even one valid instance to ICE indicates that they are liars. That you agree with their lies indicates complete stupidity on your part, or that you are complicit in their lies. Which one is it?
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re:
Who are "we"?
Citation?
[ link to this | view in chronology ]
oes it still make it right that the domain was completely censored for a year
Before the greedtards chime in with compairing it to file sharing, no one copied their house and used it elsewhere.
[ link to this | view in chronology ]
While I completely understand what you're saying, rap blogs are the new way to promote rap music. However, the problem with the radio analogy is that radio does pay royalties to song writers and publishers. Blogs do not. Nor should they.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
On the other side of that coin, shouldn't the content owners be paying them for the promotion that they are currently getting for free? Especially if they are the ones sending in the mp3's to get them promoted?
[ link to this | view in chronology ]
Re: Re: Re:
If the content owners want exposure, they just open their own sites and let people stream the music there. They don't need a third party to do it for them and profit from it both ways.
Your logic makes no sense.
[ link to this | view in chronology ]
Re: Re: Re: Re:
If the content owners want exposure, they just open their own sites and let people stream the music there. They don't need a third party to do it for them and profit from it both ways.
Might want to read up on the history of a little something called "payola". The content owners spent a lot of money doing exactly what you claim they shouldn't and wouldn't do.
[ link to this | view in chronology ]
Re: Re: Re: Re:
So, the content owner or their agent physically sending the mp3's to these blogs for promotional purposes isn't their choice? Is someone forcing them at gunpoint or something?
And then you go on to say my logic makes no sense. Interesting.
[ link to this | view in chronology ]
Re: Re: Re: Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re:
Broadcasters have a special privilege. They have the special privilege of exclusive broadcasting. That's a privilege that infringes on my rights. Internet users don't have that privilege because starting a website and playing music on it doesn't infringe on someone else's right to do the same.
[ link to this | view in chronology ]
Re: Re: Re:
But, as far as radio and television, everyone should be free to use and broadcast on those frequencies as they please and everyone should be free to record, remix, and distribute whatever is broadcasted on those frequencies as they please. Television and radio monopolies are a terribly inefficient use of spectra since entire areas where not a single person is watching or listening to a particular broadcasting station can be denied other uses of its frequency for no good reason. What a waste.
[ link to this | view in chronology ]
Re: Re: Re: Re:
The emergency broadcasting station can be used to broadcast things like emergencies, weather, general news, time of day, etc... just general information that people should know.
[ link to this | view in chronology ]
^THIS!^
^THIS!^
^THIS!^
[ link to this | view in chronology ]
Re: Re:
Interesting thought.
The difference between online radio and what would occur with blogs is the music would be on demand. If it was that simple I think most legit music bloggers would be content with that.
I've seen some sites pay money to get the exclusive first release, only to have the RIAA or the IFPI turn around and take it down on a copyright claim within a few hours.
As long as the RIAA and the IFPI are around to undermine the efforts and attempts by everyone to find a happy medium no progress will be made. Why would any blogger pay for the rights to premiere an exclusive when they're gonna take your money, then take it down?
[ link to this | view in chronology ]
Re:
...because apparently they play the music freely given to them by content owners. Why does this not make them radio? Is a radio station that plays only CC licensed music without paying royalties also not radio somehow?
This isn't a criticism by the way, not really anyway, but I just wonder what distinction you're trying to make.
[ link to this | view in chronology ]
WTF?!
[ link to this | view in chronology ]
Re: WTF?!
[ link to this | view in chronology ]
Re: WTF?!
[ link to this | view in chronology ]
What rich irony!
If the RIAA is correct that the site was posting prereleased music without permission, then it sure sounds like turnabout is fair play.
Oh wait. I forgot. The hard work of musician, singers and producers doesn't lead to "property". Nope. They're not entitled to control what happens to their work. I'm soo stupid. This isn't rich irony at all.
[ link to this | view in chronology ]
Re: What rich irony!
"I'm soo stupid. This isn't rich irony at all."
You sure hit the nail on the head with that one.
[ link to this | view in chronology ]
Re: What rich irony!
Oh, wait, that's right, they committed one act of copyfraud and gave three legitimately-used files as "evidence of massive infringement."
So, if they actually had evidence, there could have been a civil proceeding, as is the case under current law.
[ link to this | view in chronology ]
Re: What rich irony!
And yet, in any and all legal terms, the RIAA was NOT correct. Because if they were, the government could have built a case against Dajaz1. You can't have it both ways - abandon the case and give back the domain, while also claiming that you were totally right all along.
[ link to this | view in chronology ]
Love or Hate it - Precedence has been set
1) Sites can be taken away by Government for more than questionable reasons.
2) Sites can be released back from the Government for more than question reasons.
While damage has been done, in all so many ways, the ability to collect for damages appears to be have opened (i.e. lawsuit filed against RIAA by the owners of Dejaz1). Or... has there be any law enacted by Congress to cover companies or organizations like the RIAA to exonerate from prosecution?
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Real reason for these laws
"A lot of newer rappers actually rose to prominence after having their music posted on these sites."
This is what really scares the hell out of the **AA's.... It's not necessary to spend millions on promotion/marketing if independent artists have music that people actually want to listen to, all that's necessary is to put the music on the internet and let people hear it. Now why would they want to stop promoting artists?
Even their new 'reality show cookie cutter formula' stars (aka American Idol, X Factor, Can you Duet, etc) are finding competition from 'young whipper snappers' who are embracing the FREE promotion and marketing tool that the internet is.
Having a promotion and marketing tool that doesn't require the artists to sign over their copyrights, first born child, and all personal income for the next 20 years just to 'signed' can be an amazing thing for those willing to use it, and a nightmare for those not 'signing' the artists anymore....
[ link to this | view in chronology ]
It is interesting to note that the decrease in MySpace's (which was, at least in part, initially designed to promote independent artists and labels) active usage occurred around the time the entertainment industry started plastering the musicians, movies and offering all over the site (and making it more difficult to find independent offerings).
eMusic's membership has been flat for several years now, and while I read their earning are up 22%, the almost 50% price increase a few years ago suggest people are buying less not more music (though I don't have figures). I never hear any news about it anymore, and nobody I know uses the service anymore (again trying to find independent stuff now is a major pain in the ass now that the major labels plaster their stuff all over the place).
IT would be very interesting to find out if Dajaz1 was producing more successes from independent artists using their site, than the push the major labels were getting by "leaking" their stuff as it is abundantly clear (besides just the MySpace and eMusic examples) that the major labels will spare no effort to limit all channels for any artist they themselves don't own/control and can't profit from.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
See, here on Techdirt, comments are open so IP extremists can come here and defend their position. What about the L.A. Times? Is it true that the pro - IP position is indefensible in the face of scrutiny and so scrutiny needs to be censored where possible?
[ link to this | view in chronology ]
Have we forgotten so soon?
[ link to this | view in chronology ]
Re: Have we forgotten so soon?
Yep, but as I've said before this will just lead them to assume piracy is responsible for their losses and try to pass even more draconian laws on their behalf...
[ link to this | view in chronology ]
A complete lack of empathy, decency, and humanity. I suppose you could say they sold their souls for money.
[ link to this | view in chronology ]
dajaz1
[ link to this | view in chronology ]