Musicians Wondering Why They're Not Seeing A Cut Of RIAA Settlements

from the hey,-wait,-isn't-that-our-money? dept

The RIAA and its associated organizations certainly have a rather long history of not sharing the windfall from various lawsuits and settlements with the artists the RIAA likes to claim it represents -- and now those musicians are getting angry. Torrent Freak points us to the news that various managers and lawyers representing some big name musicians are discussing filing a lawsuit against the record labels for keeping all of that money. The record labels claim either that they are distributing some amount (if required to contractually) or that they're still trying to figure out how to "split" the money. Of course, they're also giving the usual story about how "after legal fees" there really isn't that much left to give out. Remember, though, when it comes to talk to the press or politicians, they'll swear up and down that these lawsuits are all for the musicians.

Filed Under: money, musicians, riaa, settlement
Companies: riaa

Another Court Rejects RIAA's 'Making Available' Claim

from the good-news dept

Yet another court has rejected the RIAA's "making available" theory of copyright infringement. As a central part to most RIAA cases against individuals for file sharing, the record labels have insisted that merely making an unauthorized music file "available" for file sharing is the equivalent of copyright infringement. Others have pointed out that the law is pretty clear that there needs to be actual distribution (i.e., a copy is actually made) before you can show infringement. The RIAA doesn't like that theory because the evidence they have usually only shows that a file is available, not that it was actually shared. The specific case at hand involved the RIAA asking for a default judgment against an individual who did not respond to charges of infringement, but the judge rejected the default judgment, noting that by using the "making available" standard, the complaint was insufficient. The judge, among other things, points to William Patry's book on copyright, where he explains that "without actual distribution of copies.... there is no violation [of] the distribution right" and also to the infamous Perfect 10 ruling concerning copyright infringement of thumbnail images.

Filed Under: making available, riaa
Companies: riaa

Judge Dismisses Racketeering Charge Against RIAA

from the quite-a-racket dept

We were pretty skeptical that charges of racketeering would stick to the RIAA when filed a few years ago, so it comes as little surprise to see a judge dismiss the claim. While the complaint could be refiled, the judge's words indicate that it will be quite difficult to make a successful case for racketeering. As emotionally appealing as it would be to see the RIAA found guilty of racketeering, it is a stretch. It's better to focus on what the RIAA is actually doing, rather than trying to paint its actions falsely. The RIAA is filing questionable lawsuits based on flimsy evidence, but that's not quite enough to prove racketeering.

Filed Under: racketeering, riaa
Companies: riaa

RIAA To Prosecutors: Use Piracy Charges To Round Up Drug Dealers And Terrorists

from the it's-a-starter-crime dept

Back in the 1920s, the FBI was never able to get Al Capone on racketeering charges, but eventually got a conviction for tax evasion. It appears that the RIAA's message to federal prosecutors is now: think of music piracy as the new tax evasion! In a leaked "training video," put together by the RIAA for the National District Attorneys Association, RIAA representatives talk about how prosecutors can use music piracy charges to go after drug dealers and terrorists, noting that "it might allow you to have probable cause for a drug house." That's said by the RIAA's Deborah Robinson, who can barely stifle a laugh as she starts to say it. She then goes on to talk about how often they're supposedly seeing drug dealers and gun dealers selling counterfeit CDs with the drugs and guns. Oh really? Weren't we just hearing about how the counterfeit CD business was rapidly shrinking due to file sharing? There's also a great leading question from the NDAA person, asking if convicted murderers who were out on parole are "gravitating to this type of piracy." The response from the RIAA's Frank Walters: "More often than not..." It's no secret that the RIAA is eager to get federal prosecutors to take on piracy cases, but this seems a bit extreme.

Filed Under: counterfeiters, drug dealers, riaa, terrorists
Companies: riaa

Australia Latest To Consider Kicking People Off The Internet For File Sharing

from the three-strikes-and-your-shooting-yourself-in-the-foot dept

Never let it be said that the entertainment industry lobby isn't comprehensive. Over the past decade plus of watching them at work, you begin to see some patterns that are unmistakable. When the industry has a new idea it plans to push through as a law, it quietly works the concept through a variety of politicians around the world, and then will have one representative of the industry slip the concept into conversation at a public event somewhere. Then, while everyone's debating the concept, it suddenly shows up in pre-written legislation around the world before anyone knows what's going on. That appears to be happening again. Over the summer, entertainment industry execs (mainly from NBC Universal) started buzzing about how ISPs needed to take more responsibility for punishing those who were sharing unauthorized files on their networks. It seemed so outlandish that people were kind of surprised that it was even brought up. But then the laws started popping up. First there was a French proposal that would have ISPs ban users after being caught sharing unauthorized files three times. Then a similar proposal popped up in the UK last week. Now, down in Australia the government is now considering a similar proposal. Rest assured that these ideas didn't suddenly occur to the politicians in each of these countries.

Filed Under: australia, bans, copyright, file sharing, isp, mpaa, riaa, three strikes

Quotes From Judges Who Aren't Swayed By Flimsy RIAA 'Evidence'

from the nice-list dept

Ray Beckermann has compiled a nice list of quotes from judges who don't buy into the RIAA's flimsy evidence. It makes for good reading. Here are just a few of the quotes, though you can read them all at Ray's site:

"[W]hen plaintiffs dismissed their claims in June 2007, they apparently had no more material evidence to support their claims than they did when they first contacted defendant in February 2005.....Whatever plaintiffs' reasons for the manner in which they have prosecuted this case, it does not appear to be justified as a reasonable exploration of the boundaries of copyright law....."
-Hon. Donald C. Ashmanskas

"[N]either the parties' submissions nor the Court's own research has revealed any case holding the mere owner of an internet account contributorily or vicariously liable for the infringing activities of third persons.....In addition to the weakness of the secondary copyright infringement claims against Ms. Foster, there is a question of the plaintiffs' motivations in pursuing them..... [T]here is an appearance that the plaintiffs initiated the secondary infringement claims to press Ms. Foster into settlement after they had ceased to believe she was a direct or "primary" infringer."
-Hon. Lee R. West

"Plaintiff ... must present at least some facts to show the plausibility of their allegations of copyright infringement.... However, other than the bare conclusory statement that on "information and belief" Defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works, Plaintiffs have presented no facts that would indicate that this allegation is anything more than speculation. The complaint is simply a boilerplate listing of the elements of copyright infringement without any facts pertaining specifically to the instant Defendant. The Court therefore finds that the complaint fails to sufficiently state a claim upon which relief can be granted...."
-Hon. Rudi M. Brewster

When the RIAA first chose to go down its legal path, many people simply assumed that judges would roll over and accept whatever "evidence" the RIAA came up with -- no matter how flimsy. The fact that judges are pushing back and questioning many of the RIAA's claims is good to see. If the RIAA has real evidence against people, that's one thing. However, so many of these cases are filed with incorrect or incomplete evidence, and the people accused are pushed very hard to simply settle rather than fight. It's good to see judges demanding actual evidence be presented.

Filed Under: copyright, evidence, judges, riaa
Companies: riaa

RIAA Says Copyright Filters Could Be Put In Anti-Virus Software

from the anyone-else-have-to-save-the-industry? dept

It's been fairly amazing to watch the entertainment industry act as if every other industry is responsible for protecting its obsolete business model. Amazingly, it's been successful in convincing AT&T that this makes sense, despite the fact that doing so will almost certainly do more harm to AT&T. However, to its credit, Cary Sherman of the RIAA has said he doesn't think that ISPs should be forced by law to provide these filters. Instead, however, it looks like he's trying to convince other industries to step up and help the entertainment industry as well. His latest, as pointed out by Broadband Reports, is that one possibility would be for anti-spyware/anti-malware applications to also watch for the transfer of unauthorized copyright material. Sherman suggests that this would be one way to get around the question of people simply encrypting traffic to avoid ISP filters. What's not entirely clear, however, is why security firms would ever want to do such a thing, as it would almost certainly annoy their customers to no end.

Filed Under: anti-virus, filters, riaa
Companies: riaa

Major Labels Under Antitrust Investigation

from the yet-again dept

Apparently the Justice Department is suddenly worried that the four major record labels are colluding in creating a new online music subscription service. The last time this happened was back when the record labels tried to (wait, this sounds familiar) create online music subscription services -- which were universally panned, rarely used and eventually shut down. So, even if the labels are colluding, given their strategic vision, it seems rather unlikely that they're going to leverage their position to dominate the market. They certainly could hold back other services -- but it seems like they've been doing that for years already, just with their own shortsightedness.

Filed Under: antitrust, collusion, justice department, labels, riaa, subscription service
Companies: riaa

Another Claim Of Illegal RIAA Investigative Techniques

from the it's-spreading... dept

In the past, we've heard about lawsuits in Oregon against the RIAA claiming that its investigation techniques were illegal, but now it appears that idea is spreading. A NY court is now reviewing a request to toss out evidence compiled via questionable means in a lawsuit filed by an RIAA label against someone for sharing unauthorized files. The defendant claims that the RIAA used Media Sentry, who broke the law by not having an investigator's license in New York. Frankly, the idea that you need an investigator's license is pretty silly as well, but it does highlight how the RIAA isn't exactly known for playing by the rules either.

Filed Under: illegal, investigation techniques, riaa
Companies: media sentry, riaa

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