Record Labels Keep On Trying: Sue Baidu For Copyright Infringement Yet Again

from the keep-on-suing dept

Back in December, Alibaba, the Chinese search engine also known as Yahoo China, lost a lawsuit from the recording industry, claiming that the search engine facilitated the downloading of unauthorized content. It's no secret that part of the reason why Alibaba and Baidu have been able to succeed in China is that they're pretty blatant in helping people find content to download. What was strange, though, was at the same time that Yahoo/Alibaba was found guilty, Baidu was found not guilty of copyright infringement, upholding an earlier decision. However, despite having lost the case, it appears that the major record labels have simply turned around and sued Baidu yet again for copyright infringement. Unfortunately, the Reuters writeup doesn't get into the history of the earlier cases (one of which ended just over a month ago) to explain why the labels can simply turn around and sue again, despite having just lost a nearly identical case.

Filed Under: china, copyright, riaa
Companies: baidu, ifpi, riaa

EMI Threatens To Leave IFPI

from the change-your-strategy dept

Last November, we noted that the "under new management" major record label EMI was discussing the possibility of scaling back its support for the RIAA and the IFPI, after realizing that many of the group's actions were counter-productive and had helped lead EMI and the other record labels down the wrong path. The moment of awakening for EMI appears to have been Radiohead's experiment. Apparently, EMI is quite serious about this. Reader Jon notifies us that EMI has told the IFPI that it will leave the group at the end of March, if it doesn't shift its strategies towards helping the recording industry, rather than its current strategy, which has clearly not been working. Part of the proposal is that the IFPI merges with the RIAA, rather than having the two act as separate groups -- though, the two often do seem to work together. Either way, this could represent a huge step forward, as it appears that at least one of the major labels has finally realized what plenty of people have realized for nearly a decade: the strategy of focusing on protecting an obsolete business model while suing your biggest fans is more damaging than helpful. Getting EMI to pressure the industry to realign and rethink its strategies is a huge step forward -- even if it's happening about seven or eight years late.

Filed Under: recording industry, trade associations
Companies: emi, ifpi, riaa

Hollywood Continues Its Worldwide Push To Have ISPs Block Sites Like Pirate Bay

from the why-innovate-when-we-can-legislate! dept

It would appear that the IFPI is following in the footsteps of the US entertainment industry in pushing government around the world to force ISPs to block access to sites and content that the entertainment industry wishes weren't available online. This is the latest in an ongoing effort for the entertainment industry to pretend that the internet needs to conform to the way it wants the world to act, rather than conforming to the way the internet actually works. The push would include requirements such as having ISPs set up massive filters, similar to China's "Great Firewall," to block sites like the Pirate Bay (despite the non-infringing uses of such sites) and also to block any downloads of certain digital audio and video tracks as recorded by a digital fingerprint. The fact that the IFPI is pushing for this is no surprise, given the RIAA/MPAA's similar push within the US, as well as recent efforts in both France and the UK to implement such policies.

There are many, many reasons why such policies aren't just bad, but dangerous to innovation. As we're already seeing elsewhere, the entertainment industry now seems to think that any new innovation that makes it easier to distribute, copy or promote content now needs to get approval from the industry (while also paying a royalty fee). If Hollywood had its way, things like the VCR and the iPod wouldn't even exist -- despite the fact that both devices have helped to provide new life to the entertainment industry. The same will be true of various internet services -- but not if Hollywood succeeds in getting them blocked completely. It's amazing how many times Hollywood will need to relearn this lesson. Every time some new technology comes along, Hollywood freaks out that it might need to adapt -- and yet, time and time again, that new technology has only helped to reinvigorate the industry. Yet, by spreading FUD all over the place, the entertainment industry has become much better at bending politicians' ears to the point that those politicians incorrectly believe that the industry is doomed if it actually needed to adapt and change its business model, despite plenty of historical and economic evidence that those adaptations will come if the market is left alone to innovate.

Filed Under: filtering, hollywood, ifpi, isps, mpaa, piracy, riaa, unauthorized content
Companies: ifpi

International Game Of File Sharing Whack-A-Mole Continues

from the and-what-good-does-that-do? dept

In what we're sure will be declared yet another "significant blow" against "piracy," the IFPI helped shut down a private bittorrent tracker site that was used by many people. Following the arrest of the service's creator and the taking down of the site, the IFPI has put up one of its typical scary warning notices about how it's now trying to track down the users of the site -- though most people view that as an empty threat. There is little doubt that this particular service was mainly used for unauthorized file sharing. However, you do still have to wonder what the IFPI and others think they're accomplishing here. It becomes increasingly laughable to have anyone think that bringing these sites down does anything positive for the industry. It's clearly not in the best interests of musicians who are quickly moving as far away from organizations like the IFPI and the RIAA as possible. At the same time, musicians are recognizing that playing this giant game of whack-a-mole is both counter-productive and stupid. It doesn't do anything to damper file sharing at all. Once a copy is out there it's out there, and shutting down one player in the space doesn't make any difference at all. The users just scatter and show up again elsewhere, further underground. In the meantime, many more are realizing that rather than worrying about these services, it's time to embrace them, recognizing that they're incredibly efficient distribution and promotion mechanisms that can be used to help a musician become much more successful. About the only people who it's hurting are those who think they're in the business of selling little plastic discs -- and we've already described why felony interference of a business model isn't a crime.

Filed Under: bittorrent, file sharing, p2p, takedown
Companies: ifpi, oink, riaa

How Big A Problem Are Unauthorized Downloads In China?

from the well,-when-you-only-tell-one-side-of-the-story dept

How much unauthorized downloading of music happens in China? According to the IFPI (sort of a global RIAA) nearly 100% of downloads in China are unauthorized. Of course, that could simply be a function of the types of music download services have available, rather than any indication that China is some sort of "problem." Yet, of course, it's much more fun to blame an entire country than recognize that perhaps the people there are trying to send you a message. More important, however, is what the story left out. Even if it's true that 100% of music downloads in China are unauthorized, many Chinese musicians have learned to adapt to the different marketplace -- and thrive. That means encouraging the free spread of their music and using the ensuing attention and fame to make more money -- whether by concerts or more potential sponsors or a variety of other business models that have been popping up. Given that these adaptations have worked out quite well for many Chinese musicians, it would make sense for an article highlighting the "risks" of downloading to also include the details of how the the musicians have coped and new business models have been adopted with success -- suggesting that for all the handwringing of the IFPI, maybe the impact hasn't been that bad.

Filed Under: china, downloads, music
Companies: ifpi

Russian Court Says Visa Can't Cut Off AllofMP3 Unit

from the denied dept

Earlier in the month, Russian authorities shut down the well-known Allofmp3.com site, following complaints from the US government -- and the implication that if they didn't do so, the US would make it hard for Russia to join the World Trade Organization. Of course, the people behind Allofmp3 quickly set up shop at another URL, and went about their business selling dirt-cheap digital music. It's today been reported that Alltunes, another site owned by Allofmp3's parent company, has won a court case against Visa's Russian agent, after Visa refused to process its payments. As the company points out, it's never been convicted of illegal activity, and Visa cut it off after complaints from the IFPI, the international equivalent of the RIAA. It's not clear to what extent Visa and its agents can be forced to =offer their services to a business, however the Allofmp3 folks are correct when they assert that it's not Visa's -- nor the IFPI's -- right to decide when copyright's been violated, particularly when they don't hold any of the copyrights in question.

Filed Under: copyright, entertainment, music
Companies: allofmp3, ifpi, visa