Record Labels Issue Takedown To Take Kim Dotcom's Album Down From His Own Site

from the just-another-accident dept

We've heard some folks claim that all these bogus takedown notices we write about are just "anomalies" rather than a pattern of abuse of the law for the purpose of censorship. And yet, there are more and more examples every day. The latest one is particularly bizarre. IFPI (the international version of the RIAA) has apparently been issuing a series of bogus takedown notices to get Kim Dotcom's album "Good Times" taken down off of his own site, Mega. That's... quite incredible. This does not appear to be a strange attempt to hide Dotcom's music, but it looks to just be pure sloppiness on the part of the IFPI issuing misguided takedowns. That is, the IFPI takedown notice lists a totally different song (and it turns out this is the second time this has happened to Dotcom's album in the past month). As short-sighted as the IFPI is, it would take an other wordly level of stupidity to directly target Dotcom's music with a bogus takedown. Even the IFPI must know that that would backfire badly. The story that it's an "accident" makes much more sense.

Dotcom filed a counternotice and the album was back up after about a day of being down. However, the real issue here is just how common this sort of thing is. And it comes from the same folks who like to (1) insist that it's "easy" to tell infringing works from non-infringing works and (2) demand that entire sites be blocked based just on their say-so that those sites are "illegal." Of course, Dotcom has some experience on that front, seeing as his own website, Megaupload, was shut down nearly three years ago, despite no adversarial hearing in a court of law on whether or not it was legal.

Filed Under: kim dotcom, takedown
Companies: ifpi, mega

Recording Industry Exec Says It's Not Censorship To Block Sites He Doesn't Like

from the oh-really? dept

We see this kind of claim every so often, but usually not from a high-ranking legacy entertainment industry executive. However, TorrentFreak has the story of how the CEO of IFPI in Austria (IFPI is basically the international RIAA), Franz Medwenitsch, claiming that blocking websites like the Pirate Bay isn't censorship, because how can it be censorship to block stuff that he doesn't like?

“Censorship is the suppression of free speech and everyone who lives in a democratic society categorically rejects censorship,” the IFPI chief says.

“But what has freedom of expression got to do with generating advertising revenues by illegally offering tens of thousands of movies and music recordings on the Internet with disregard for creators and artists? And yet the freedom of the author to determine the use of their works themselves is trampled!”

Except, of course, that's not all that the Pirate Bay and other sites do. They offer plenty of legitimate content as well -- public domain material, works that creators want to be distributed in that way, etc. Furthermore, it's not these sites that are doing the distribution. They're effectively acting as a meeting place or a search engine to match different users who are offering up the content, authorized or not.

But there's this fundamental disconnect here which is scary to people who actually believe in free speech. Medwenitsch appears to have the dangerous belief that free speech only covers the kind of speech he likes. That's not free speech. It's really not that hard to see how someone could take Medwenitsch's half-baked argument and flip it around:

"But what has freedom of expression got to do with generating recorded music revenues by illegally promoting misogynistic music on the internet with disregard to the feelings of women? And yet the freedom of those women to be free from insults and offensiveness is trampled!"

I'm sure you can come up with your own variation as well. The second that you start to insist that certain kinds of speech are somehow "not worthy" of free speech, because you, personally, don't like them, you're opening up the door to widespread censorship and you don't believe in free speech at all. Medwenitsch highlights this problem perfectly. By his words he is pro-censorship and yet he believes he's anti-censorship.

As we've said in the past, it is perfectly legitimate to have the opinion that sites like the Pirate Bay should be illegal and blocked. We may think you're wrong, but you can have that opinion. But it's simply being dishonest to argue that taking down the site is not censorship. It is. It's just censorship you approve of.

Filed Under: blocking, censorship, copyright, franz medwenitsch, free speech
Companies: ifpi

City Of London Police Keep Shutting Down Websites With No Court Order

from the how-is-that-legal? dept

We've highlighted a number of stories recently about the City of London Police, who have partnered with a few legacy players from the entertainment industry, and are using a bunch of taxpayer money to try to shut down websites the copyright industry doesn't like -- based on no clear legal reasoning or authority. They often seem to just rely on their name and bogus threats to get registrars to kill sites -- a process that has been found to violate ICANN policies for registrars. However, most registrars just give in, because the City of London Police just look so damn official.

Over the weekend TorrentFreak noted that a few more sites have been shuttered based on no court order, no judicial findings, but just the City of London Police's say so. This includes FileCrop, a site that hosted no infringing files at all, but which is just a search engine. Once again, the police make no effort whatsoever to hide the fact that they're doing the bidding of the legacy entertainment industry -- directly linking to their favored sites and flat out saying that they're supported by BPI, IFPI, FACT and the Publishers Association. Whether or not the sites that are being taken down are, in fact, violating the law, everything about this process is highly questionable. Taking down websites without a court order is a blatant attack on free speech. And, yes, while the UK does not have the same free speech traditions as the US, it does still hold itself out as being a believer in free speech. It is difficult to see the shuttering of a website without any due process as little more than blatant censorship.

Perhaps even more troubling is the fact that this censorship is proudly done to support legacy industries who see the internet as something to be shunned and attacked. How would people respond if the City of London Police suddenly, with no court order, shut down BSkyB and proudly announced it was doing so with the support of the BBC? Or shut down AirBnB and announced it was doing so with the support of the British Hospitality industry? Or shut down EasyJet and did so with the support of British Air? Wouldn't people be outraged?

Filed Under: city of london police, domains, restistrars, search engines, takedowns
Companies: bpi, fact, filecrop, icann, ifpi, publishers association

International Music Organizations Claim Aereo Must Be Illegal Because Of International Trade Agreements

from the those-darn-international-obligations dept

For many years, we've highlighted how copyright maximalists have abused the international trade process to expand copyright monopolies around the globe. If you're interested in the history there, I highly recommend the book Information Feudalism: Who Owns the Knowledge Economy?, which details much of the history. Defenders of this policy love to pretend that international trade agreements can't bind US law, but reality is quite different. Time and time again, we've seen maximalists use international agreements to get their way either in ratcheting up copyright law even further, or pressuring courts into certain positions. This is one of the reasons (one of many) that we're so concerned about new agreements like the TPP and TTIP/TAFTA. Even if the USTR claims (incorrectly) that nothing in them goes beyond US law today, they can not only limit the changes Congress can make to copyright and patent law, but these issues can show up in court cases, potentially hindering innovation.

Here's a perfect example. We've been covering the Aereo case for quite some time, and as the Supreme Court prepares to hear the case in April, a bunch of international music organizations, led by the IFPI (basically the international version of the RIAA), have filed an amicus brief that pretty clearly says that the Supreme Court has to rule against Aereo because of existing international trade agreements that the US has signed. No joke. The brief directly claims that the appeals court ruling that found in favor of Aereo "places the United States in violation of its multilateral treaty commitments," as well as "its bilateral and regional agreements," and further that the Supreme Court has a duty to find against Aereo in order to respect the US's "treaty commitments."

Reading through the brief, you can see just how much copyright maximalists have succeeded in putting together a huge mess of international agreements (often built around issues totally unrelated to copyright, with a few copyright specific ones thrown in) that these groups can now claim require the Supreme Court to outlaw new innovations like Aereo. It further cites rulings in the EU and Canada that it suggests require the Supreme Court to follow suit. While there are some Justices who have made it clear time and time again that they don't care what foreign courts say, others have shown a willingness to follow suit.

Either way, this brief yet again highlights just how nefarious these international trade agreements can be, and how they can come back to bite new innovations years later. Defenders of copyright maximalism will insist that things like TPP and TTIP/TAFTA will have no impact on US law, but if those agreements come into force, you can bet that future US innovations will get stomped out of existence with certain players pointing to those agreements as a reason they need to be shut down.

Filed Under: broadcast, tafta, tpp, trade agreement, ttip, ustr
Companies: aereo, ifpi

Music Industry Data: Sales Up, Piracy Down... But It's Not Because Of Any 'Anti-Piracy' Efforts

from the let's-walk-this-through dept

A few folks have sent over variations on two different reports concerning the music industry, with some suggesting that this is "proof" that the recording industry's "war on piracy" has been effective on two fronts: increasing sales and reducing piracy. Of course, for many years, we've questioned whether or not reducing piracy actually increases sales, so we looked closely at the numbers and they don't seem to say what some people think they're saying. The Hollywood Reporter has a good summary of both reports. One comes from IFPI, celebrating that "global recorded music revenue" rose 0.3% in 2012. That is, obviously, a tiny increase, but it is an increase. Of course, as we've noted, "recorded" music revenue is merely one piece of the wider music industry ecosystem -- and that entire ecosystem has been growing for quite some time.

The second report comes from one of the industry's favorite researchers, NPD, claiming a massive decline in music file sharing (based on consumer surveys). I've found NPD's data to be suspect in the past, but let's just assume this is true. Then, can we reach the conclusion that the industry's anti-piracy efforts both worked and that it led to increased sales?

Actually... no. Not even close. We can see this pretty clearly just by looking beyond the recorded music market, to the wider file sharing space. Various reports have made it clear that widespread file sharing (mostly of infringing content) has continued to grow quite rapidly during the same time period. Sandvine reports (pdf) that BitTorrent traffic increased 40% over the same basic time frame. Or, zero in on a different market beyond music. How about software? The BSA's annual report continues to show increases in "piracy."

What does that say? Well, if wider anti-piracy campaigns were effective, we wouldn't just be seeing a decline in music infringement. We'd see similar declines across the board. But the overall space and some other, similar, markets are showing increases in infringing content spreading.

That leads us to the much more reasonable hypothesis: the reason that music piracy is down and revenue is up is because the industry has finally started allowing more innovation into the market. Not surprisingly, this is exactly what we've been arguing for years. If you let the tech industry create useful new services that better provide the public with what they want, you get services and products that people are willing to pay for. And when that happens, infringement decreases, because the legitimate and authorized services are better than infringing. It's why music infringement fell off a cliff in Sweden when Spotify launched there, despite also being the home of The Pirate Bay. Notably, when music infringement plummeted in Sweden, other types of infringement did not similarly drop.

In other words, for all the complaints about these new services, and the many, many attempts to hold them back or neuter them, letting new services grow and thrive seems to be the best "anti-piracy" measure that the record labels could have used. And yet it still thinks it needs to focus on punishing fans and limiting services.

Filed Under: file sharing, music, piracy, purchases, revenue
Companies: ifpi, npd

Copyright Holders Still Sending DMCA Takedowns On Content That's Been Gone For Months

from the dmca-failures dept

We keep seeing various DMCA takedown failures, and the folks over at TorrentFreak have discovered another common error while going through Google's Copyright Transparency Report and found that big copyright holders are still filing DMCA takedown notices on content hosted on sites like Megaupload and BTJunkie, despite the former being shut down in January and the latter shutting itself down in February.

If you look, you can see a bunch of takedown requests for Megaupload links in the past month. Some of these are by smaller players, whom you might expect to be confused, but there are some big guys as well. In the screenshot above you can see both BPI and the IFPI (on behalf of Sony Music). There are also DMCA requests from Universal Music, EMI, the Publishers Association and others. All for content that clearly doesn't exist and hasn't existed in months. Kinda makes you wonder if they even check this stuff. Considering that all of these copyright holders seem to think that Google and others can just magically "know" when there's infringing content around, it's pretty telling that even they don't seem to know how to tell if content exists, let alone if it's infringing.

Filed Under: content, dmca, takedowns
Companies: bpi, btjunkie, emi, google, ifpi, megaupload, sony music, universal music

Revolving Door: US Copyright Office General Counsel Becomes IFPI Lobbyist

from the system-failure dept

We've pointed out over and over again that the revolving door between the government and the big copyright maximalists represents a broken system -- and we're seeing it yet again. David Carson, the long time General Counsel of the US Copyright Office has announced that he's leaving that job... to become head of global legal policy for the IFPI (the international version of the RIAA). His role will be to "coordinate the recorded music industry's legal policy strategy worldwide." Think he'll have undue influence with the US Copyright Office? He's only been in General Counsel of the US Copyright Office for 15 years. Of course, the IP-Watch story linked above shows how the revolving door works both ways. In effect, Carson is replacing Shira Perlmutter, who left the IFPI role earlier this year... to become the chief policy advisor on IP issues for the US Patent and Trademark Office.

Filed Under: copyright, david carson, lobbyists, revolving door, shira perlmutter, us copyright office, us government, uspto
Companies: ifpi

Music Labels Have No Plans To Share Any Money They Get From The Pirate Bay With Artists

from the that's-not-how-labels-work dept

We see this every single time the music labels (usually RIAA or IFPI) "win" a big case against an alleged "pirate" site. They're awarded a bunch of money... and none of it goes to the artists. We've heard about it happening with Limewire and YouTube (though that was payoff to prevent a lawsuit, rather than the result of a lawsuit). And, once again, that appears to be happening with The Pirate Bay. TorrentFreak has the leaked document from the IFPI showing that it plans to reinvest whatever it gets... in the IFPI to continue its "anti-piracy efforts," such as going after other sites to get similar settlements for the same reason.

To be clear, the IFPI notes that it's unlikely to collect much, if any, of the money in this particular case, because (contrary to what it claimed all along), it certainly doesn't appear that TPB made very much money -- and the people sued "have no traceable assets." However, the ruling was clear that the money being awarded to the labels was "to compensate artists and rightsholders for the losses they suffered. But that's not how it would be used:

“There is an agreement that any recovered funds will be paid to IFPI Sweden and IFPI London for use in future anti-piracy activities,” IFPI writes.

TorrentFreak quotes Peter Sunde, one of the four who was convicted, noting that this is a case where money was directly promised to artists and not delivered. That seems a hell of a lot more like "theft" than anything that he did:

“They say that people who download give money to thieves – but if someone actually ends up paying (in this case: three individuals) then it’s been paid for. So who’s the thief when they don’t give the money to the artists?”

According to Sunde the news doesn’t come as a surprise.

“As far as I know, no money ever won in a lawsuit by IFPI or the RIAA has even gone to any actual artist,” Sunde says.

Indeed. I am unaware of any of the proceeds from any such lawsuits ever making it back to artists.

Filed Under: artists, lawsuits, money
Companies: ifpi, the pirate bay

3 Strikes Plan Re-established In Ireland After Court Decides To Ignore Data Protection Commission Ruling

from the protect-what-data? dept

A few years back, IFPI sued Irish ISP Eircom for not waving a magic wand and stopping infringement. It was part of the legacy entertainment industry's strategy to try to force ISPs into kicking people offline under a 3 strikes regime, even if they couldn't get a law to that effect (the two key places where this was tried were in Ireland and Australia). Eircom actually folded and agreed to start kicking its own customers offline on a 3 strikes (accusations, not convictions) approach, as long as the legacy recording industry also pressured its competitors to do the same thing. Of course, once Eircom started, it totally screwed up and sent a bunch of notices to people who were entirely innocent, triggering a governmental review. The end result was that the Irish Data Protection Commission rejected the 3 strikes system, over significant concerns about how it involved spying on customers.

The labels fought back... and have now won. A court has rejected the findings of the Data Protection Commission (DPC) and argued, amazingly, that there are simply no privacy concerns at all with having ISPs track what you do online. Well, that's not quite how the court put it. Instead, it said that there's no privacy questions involved in "the detection and punishment of individuals who engage in unlawful Internet file-sharing." Er... considering the whole issue that kicked this off was false accusations against those who did not engage in such things, it seems the judge is pretty confused. Furthermore, the judge seems to think that there's a way to spy on users, but only track their infringing efforts. The problem -- and the main privacy concern -- is not so much in the tracking of infringing activity, but all of the legitimate activity that gets tracked as well.

Perhaps Justice Peter Charleton should open up his own log files to the public so that we can see if he's infringing. There is, according to his version of things, no privacy violations there, because we all promise only to make sure he's not breaking copyright law.

Filed Under: ireland, isp, peter charleton, surveillance, three strikes
Companies: eircom, ifpi

Russian Appeals Court Says Popular Social Network vKontakte Is Liable For File Sharing By Users

from the third-party-liability dept

The Russian social network site vKontakte is often called "The Facebook of Russia," in large part because it looks a lot like Facebook. It's incredibly popular across the Russian-speaking region (Russia, Ukraine, Belarus, etc.). However, for years, the entertainment industry has argued that the main reason it's so popular is because it has a built in file sharing feature, which is regularly used for the unauthorized sharing of music files. It's no secret that plenty of unauthorized music gets shared this way -- and we've even seen other file sharing platforms (even those targeted outside of Russian-speaking countries) built on top of vKontakte's system. A court had ruled that the site was liable earlier this year, and now an appeals court has backed that up. The full details aren't entirely clear, as most of the information so far comes from a gloating press release from IFPI. If there are specific activities that vKontakte does to encourage unauthorized sharing that's one thing, but merely having a feature that allows individuals to share files seems like a perfectly legitimate feature. The fact that it's widely used to infringe shouldn't put the blame on the service provider automatically. It would be great to see more details of the ruling to understand the thinking.

Filed Under: file sharing, liability
Companies: ifpi, vkontakte