DJ Arrested For Selling Pre-Release Promo CDs On eBay

from the ridiculous dept

Just days after a US court ruled that selling promo CDs sent out by the recording industry is perfectly legal, Techdirt reader cram writes in to let us know of a DJ and music reviewer in London who was arrested for doing exactly the same thing. The only difference in this case was that the guy was selling the CDs before they had been released. Still, this seems positively ridiculous. As we had just noted, while some places do treat pre-release leaks differently, UK law does not. Furthermore, he's being charged with theft and money laundering. He was turned in by the IFPI, which apparently thinks that jailing the folks who promote your product is a good thing. What's not entirely clear from the article is whether this guy was sent these CDs by the labels in the first place. However, it does sound like he got them as part of his role as a DJ and reviewer, since the IFPI even mentions that "people who have access to pre-release music by virtue of their job," should watch out. If he really was "stealing" them, that's one thing -- but if the industry was sending them to him to promote the CDs, then hopefully the UK courts will react similarly to the US courts and quickly throw this out. Once they've sent him the CDs, they're his. They're no longer the record label's. That he was arrested for selling something willingly given to him to promote seems ridiculous.

Filed Under: arrested, dj, london, pre-release, promotional cds
Companies: ifpi

IFPI Witness Used To Work For IFPI -- Is That Such A Big Deal?

from the it's-not-that-crazy dept

I think that anyone who reads Techdirt on a regular basis would recognize that we're pretty harsh on the entertainment industry and the way it goes about its business. Yet, there seems to be an unrealistic expectation that we should obviously slam the entertainment industry for every move it makes -- and if not, we're somehow wrong. That's simply untrue. While, yes, it is easy to trash the incredibly dumb things the industry does all of the time, that doesn't mean you should automatically jump to conclusions about the entire industry. Last week, in writing about how a lead investigator on the case against The Pirate Bay had taken a job with Warner Brothers after the investigation concluded, I suggested this wasn't as ridiculous or "shocking" as some made it out to be. As long as there was no additional evidence of questionable activities, switching jobs isn't that surprising. The industry has a long history of hiring former police investigators and prosecutors for its anti-piracy activity. That, alone, shouldn't be considered strange or questionable -- but a lot of folks immediately assumed that something nefarious was up. In fact, one commenter even accused me of being on the take from Warner. Given just how frequently I've totally trashed Warner Music's activities (in just the last year alone), including the faux epiphany of boss Edgar Bronfman, this seems rather laughable.

However, it is important to recognize that not everything is a conspiracy theory, and not every move the industry makes is as ridiculous as it's made out to be by critics. Totally overreacting to these things doesn't help the case of those of us trying to help educate the industry on why their strategy of suing fans and blaming piracy for their own inability to adapt and grow is a problem. So, while I'm sure I'll get beaten up over it again, the latest report that an expert witness in the Danish lawsuit against The Pirate Bay used to work at the IFPI still doesn't seem particularly shocking or troublesome. TorrentFreak, who normally has excellent coverage, continually paints this news as "shocking." However, I just don't see it. It's not surprising that a guy who used to work on IFPI investigations would go on to work at an anti-piracy company. And, just because he does so, it doesn't mean that he's obviously biased on their side (I certainly don't think fondly of all of my ex-employers). The simple fact is that any expert witness has a bias. They're hired to help support one side of the case. So, of course he's going to present the IFPI's case in the best light. That's what he's paid to do -- and the court should take that into account. The fact that he used to work for the IFPI seems rather meaningless.

Filed Under: experts, hiring, recording industry, trials
Companies: ifpi

Pirate Bay Wants IFPI To Pay Up For Danish ISP Block

from the poking-ifpi-with-a-stick dept

The folks behind the Pirate Bay certainly aren't ones to shy away from a fight. In fact, they seem to enjoy it. The latest is that they're demanding compensation from the IFPI for downtime associated with the IFPI's successful efforts to force Danish ISPs to block access to The Pirate Bay. The Pirate Bay says it will ask for a "reasonable" sum, rather than an extraordinary amount as is typical of the entertainment industry. It also says it will use any money it gets from the IFPI to fund Danish artists who want to give away their works online. While the guys at the Pirate Bay reasonably complain that the entire lawsuit between the IFPI and Danish ISPs never involved The Pirate Bay or gave the site a chance to make its own argument (despite being entirely about the site), this request for compensation may be pushing the boundaries a bit -- especially considering that even The Pirate Bay folks have admitted that the ban eventually resulted in more traffic. Perhaps they should send some money to the IFPI to thank them for all that "free" advertising.

Filed Under: blocks, compensation, denmark, pirate bay
Companies: ifpi, pirate bay

European Parliament Rejects IFPI Plan To Make ISPs Copyright Cops

from the good-for-them dept

There's been a huge lobbying campaign going on throughout much of the world to get local governments to put pressure on ISPs to require them to kick those accused of file sharing off of the internet. It had been worrisome that these efforts actually seemed to be getting some traction in both France and the UK despite vehement opposition from many people. It appears that the opposition has started to get its point of view across. The EU Parliament has now rejected a plan to criminalize file sharing and to implement a "three strikes and you're off the internet" policy. The vote itself isn't binding, but suggests how the EU Parliament feels. While France has already put in place such a law, there was some feeling that France would push to make similar laws enforced European-wide. This vote should put a damper on those plans.

Filed Under: copyright cops, europe, european parliament, france, ifpi, isps
Companies: ifpi

Virgin Agrees To Be IFPI's Copyright Cop

from the but-why? dept

Back in February, there were reports that the entertainment industry had somehow convinced the UK gov't that the "file sharing issue" should be the responsibility of ISPs, rather than the record labels whose obsolete business model caused the problem in the first place. The UK gov't then issued a very public threat that ISPs had better start kicking file sharers off the internet, or it would pass a law requiring them to do so. It appears that rather than push back, Virgin Media has jumped right in and will start kicking those accused of unauthorized sharing off their system using a "three strikes" policy. Of course, some might find this a bit ironic, considering that part of Virgin's entire marketing campaign was around how you could get free stuff via its internet connection. In the meantime, it's still not clear why ISPs should be responsible for propping up a different industry's business model.

Filed Under: file sharing, isps, uk
Companies: ifpi, virgin media

IFPI Continues To Pressure ISPs; ISPs Start Pushing Back

from the good-for-them dept

We've seen over the past few months that the IFPI has started a world-wide strategy of suing ISPs for not stopping file sharing. This is silly, of course. An ISP should not be responsible for what people do on its network, and forcing them to cut off a lot of perfectly legal activities just to protect an obsolete business model is especially troublesome. Unfortunately, the IFPI's early successes have only emboldened the group, leading to more pressure and more lawsuits. Luckily, at least some ISPs are standing up to the pressure. TorrentFreak notes that Swedish ISP TeliaSonera is aggressively pushing back against legal threats from the IFPI, noting that it has no legal responsibility to cut off file sharer, and the IFPI is really pushing its luck trying to claim otherwise. Somehow, we doubt that the IFPI is going to give up so easily -- and it certainly would be nice to have an ISP win one of these battles in court, so stay tuned...

Filed Under: file sharing, ifpi, isps, liability
Companies: ifpi, teliasonera

As Expected, IFPI 'Advertising' Helps Boost BitTorrent Search Site

from the the-definition-of-insanity dept

For a group that claims it's focused on "educating" people, the recording industry seems amazingly thickheaded in learning lessons itself. Just last week the IFPI succeeded in having an Israeli court demand that Israeli ISPs block bittorrent search site HttpShare. As we noted in that post, this would likely act as tremendous advertising for HttpShare -- and, indeed, that's exactly what has happened. The site claims that traffic has jumped, even requiring the site owners to upgrade the hardware hosting the site -- all thanks to a little "IFPI Advertising."

What's most stunning, however, is that the IFPI didn't realize this would happen. After all, it's happened again and again and again. In fact, just a month ago, a similar action in Denmark over the Pirate Bay greatly increased traffic to the site. Hell, the Pirate Bay first came to international attention (beyond a much smaller niche group of users) after the IFPI pressured gov't officials to take the site down. Of course, rather than recognize this, the IFPI and the RIAA (and the MPAA at times as well) always claim that each of these "shut downs" is a "significant blow" against piracy. Apparently, they never consider what happens next. Makes you think that the execs and lawyers at the recording industry probably aren't very good chess players.

Filed Under: ifpi, ireland, isps, liability, safe harbor
Companies: httpshare, ifpi

IFPI's New Strategy: Sue ISPs For Not Stopping File Sharing

from the making-life-even-worse-for-themselves dept

Earlier this year, the IFPI was successful in convincing a court to force a Danish ISP to block access to the Pirate Bay. Rather than recognizing that this only helped drive more traffic to the Pirate Bay, the folks at the IFPI seem to have gotten it into their heads that the best course of action is to start suing ISPs for not stopping file sharing. Its first target is the large Irish ISP Eircom. Eircom points out all the obvious things: it has no idea what its users are doing on the network, it's just providing the network -- and no one had made it aware of any specific infringing activity. Rather than deal with those very reasonable questions, the record labels responded with the ridiculous "but you know it's happening!" response which we've heard all too often these days. Of course, knowing that unauthorized file sharing is happening on your network and being either liable or able to stop it are two very different things. Basically, the record labels seem to be admitting that they are unable to stop file sharing, so it must be someone else's job. Even worse, they seem to be saying that it's a legal responsibility of someone else to try to prop up their own failed business model. Talk about grasping at straws. I'm not sure if Ireland has laws like the US's safe harbor provisions protecting service providers from liability for the actions of users, but hopefully the Irish courts quickly realize how ridiculous it is to pin liability on an ISP and throw this case out. What's also partly disturbing is the fact that the "but you know it's happening!" comment comes from an EMI exec, just after we thought EMI was moving away from ridiculous IFPI lawsuits. Apparently not.

Filed Under: ifpi, ireland, isps, liability, safe harbor
Companies: eircom, ifpi

EMI Sticking With IFPI, But Cutting Its Allowance To Sue Music Fans

from the change-from-within? dept

Over the last few months, there have been some indications that major label EMI was sick of the RIAA and IFPI's war on music fans -- and even had threatened to leave the groups. While a huge step, it wasn't a huge surprise, given the new management in charge at EMI, who did not come from a music industry background. It became clear quite quickly that the firm wasn't going to rest on its laurels, but wanted to learn to adapt and to adopt the new business models that involved treating fans right, not suing them. It appears that EMI has now worked out a deal with the IFPI, where it will stay a member of the organization but will contribute significantly less money towards IFPI's "anti-piracy" activities. At the very least, this makes it quite clear that EMI recognizes those activities are counterproductive. For years, the record labels have been insisting that they need to step up such activities, even as every time they did so, things got worse. Of course, the IFPI is still suing and trying to take down sites, so it's not as if the industry has fully realized how counterproductive these activities are. Eventually, though, perhaps they'll realize.

Filed Under: copyright, ifpi, lawsuits, music
Companies: emi, ifpi

Danish Block Of The Pirate Bay Leads To Even More Traffic

from the nice-publicity-stunt,-IFPI dept

We've noted in the past that every time the RIAA or the IFPI scores a "significant blow" against an operation they accuse of piracy, it only seems to drive more attention to those sites. That appears to be happening once again. Since the IFPI convinced a Danish court to block users from accessing the Pirate Bay, traffic from Denmark to the Pirate Bay has actually increased, thanks mainly to the news coverage of the story. So, for such a significant blow, it appears that all the IFPI has succeeded in doing is providing free advertising for the Pirate Bay.

Filed Under: denmark, ifpi, pirate bay, significant blow, streisand effect
Companies: ifpi, pirate bay, tele2