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Judge Denies Bertelsmann Motion to Dismiss in Napster Investor Lawsuit

Authored by Mark Hefflinger on June 3, 2005 - 2:46am.
San Francisco -- The federal judge presiding over a lawsuit brought by major record labels against early Napster investors, including fellow label-owner Bertelsmann, has denied a Bertelsmann motion to dismiss the case, moving it a step closer to trial, the Los Angeles Times reported. The lawsuit alleges that Bertelsmann, venture capital firm Hummer Winblad and others who invested nearly $100 million in the early version of Napster contributed to the large-scale copyright infringement committed by users of the file-sharing software. In light of the original Napster's bankruptcy, the labels went on to seek recourse from the company's deep-pocketed investors, for copyright infringement damages from illegal downloads. Additionally, U.S. District Court Judge Marilyn Hall Patel's ruling on Wednesday determined that Napster's offering of a centralized song index did not itself constitute copyright infringement, meaning labels must now provide specific evidence of files uploaded or downloaded by individual Napster users in order to claim damages. "We are extremely pleased with yesterday's ruling, which confirms that the simple indexing of file titles does not constitute an act of copyright infringement without evidence that actual files have been transferred," Bertelsmann attorney R. Bruce Rich told the Times. However, in the course of the labels' successful initial litigation against Napster, they served Napster with hundreds of thousands of "takedown" notices citing instances where songs were uploaded by users. "This will ultimately result in significant liability for Bertelsmann," Universal Music's Peter LoFrumento told the Times.
tags: Napster | Investor | Judge | Denies Bertelsmann |

MPAA Files Fifth Wave of Lawsuits Against Suspected Movie File-Swappers

Authored by Mark Hefflinger on June 3, 2005 - 2:44am.
Los Angeles -- The Motion Picture Association of America (MPAA) announced yesterday that it has filed its fifth round of lawsuits against suspected Internet movie file-swappers. The MPAA did not divulge the number of individuals targeted or where they resided. The announcement comes a week after a joint FBI and Customs Enforcement action -- aided by the MPAA -- shut down Elite Torrents, a BitTorrent peer-to-peer file-sharing website that was offering links to copies of the new "Star Wars" movie for download. "There is something very disturbing about the fact that major blockbuster hits such as Star Wars III are available illegally on the Internet before they are even released in movie theaters," said John G. Malcolm, MPAA senior vice president and director of worldwide anti-piracy. "While we don't like suing individuals and would prefer to see people spend their money buying movie tickets, buying or renting legal DVDs or enjoying films through a legitimate video-on-demand service, rather than spending their money hiring lawyers, we will go as many rounds as these Internet movie thieves want until we knock out every last one."
tags: Lawsuits | Movies | MPAA | File-Swappers |

Sony Cracking Down on European PSP "Parallel Importers"

Authored by Mark Hefflinger on June 3, 2005 - 2:43am.
London -- Sony has begun cracking down on "parallel importers" who are buying U.S. and Japanese versions of its PSP handheld video game devices and selling them at a premium in the U.K., where the device is not slated for release until Sept. 1, Reuters reported. A shortage of the devices prompted Sony to delay the release of the PSP in Europe by six months. Sony has sent at least one cease-and-desist order, to British retailer ElectricBirdLand, which told Reuters it has sold several hundred PSPs. "All we offer is the one thing Sony has failed to do, and that is to give the customer exactly what they want, when they want it," ElectricBirdLand managing director Dan Morelle told Reuters. "The law is clear, and the activity of parallel importing of PSP products from the U.S./Japan is unlawful," said a Sony spokesman. "It should be clearly understood that under no circumstances does Sony Computer Entertainment consent to such activities."
tags: Sony | PSP | Europe | Parallel Importers |

Violent Video Game Ban Stalls in California Assembly

Authored by Mark Hefflinger on June 3, 2005 - 2:42am.
San Francisco -- A bill in the California state Assembly that would have restricted the sale of violent video games to minors in the state has been shelved, Reuters reported on Friday. Authored by Assemblyman Leland Yee, the bill passed the Assembly's arts committee last month. "We've put it in the inactive file," Yee's aide Adam Keigwin told Reuters, adding that the bill did not have enough votes to pass the full Assembly. "Dr. Yee is committed to this issue, but he wants to build more support for this bill." Similar laws have been consistently struck down by a number of courts as unconstitutional on First Amendment free speech grounds.
tags: California | Video Game | Violent |

Apple Launches Free iPod Recycling Program

Authored by Mark Hefflinger on June 3, 2005 - 2:40am.
Cupertino, Calif. -- Apple on Friday announced a free recycling program for its iPod digital music player, enticing owners of the devices to bring them to Apple retail stores for environmentally-friendly disposal and a 10% discount toward the purchase of a new iPod. In connection with a class-action lawsuit against Apple over the iPod's battery life -- which the company initially claimed would last for the lifetime of the device -- some environmental groups had complained that discarded iPods and their potentially toxin-leaking batteries were ending up in landfills. The announcement regarding iPod recycling comes a day after Apple agreed to settle the class-action suit, and provide $50 vouchers and extended warranties to older-generation iPod owners whose batteries have died. Apple added that iPods received for recycling will be processed domestically, with no hazardous material to be shipped overseas.
tags: iPod | Apple | Program | Recycle |

Report: U.S. Broadband Penetration to Increase Sharply by 2010

Authored by Mark Hefflinger on June 3, 2005 - 2:38am.
New York -- Despite a relatively small increase in the overall online population over the next five years, the number of U.S. consumers with broadband is expected to grow from slightly under half of households to about 78% by the end of 2010, according to a new report from JupiterResearch. "With a clearer value proposition and increasingly reasonable prices, the question people ask themselves is shifting from 'why would I get broadband?' to 'why wouldn't I get broadband?'" said Joe Laszlo, research director at JupiterResearch. The firm said that the U.S. broadband market will remain a closely contested race between cable modem and phone line-based DSL services, with other technologies relegated to relatively minor roles. Cable, however, is expected to remain the leading residential broadband technology in the U.S.
tags: Broadband | Reports | U.S | Increases |

Blog Search Engine Feedster Closes First Round of Funding

Authored by Mark Hefflinger on June 3, 2005 - 2:36am.
San Francisco -- Feedster, a San Francisco-based Internet search engine and advertising network for blogs and RSS feeds, said on Thursday that it has raised an undisclosed amount in its first round of funding. The company said that it will use the money to accelerate development and marketing, as well as "greatly expand" its server infrastructure. Selby Venture Partners led the round, with participation from Omidyar Network, members of the New York Angels and other prominent angel investors. Feedster’s angel investors include Kevin Hartz, the co-founder of Xoom; Joe Kraus, the co-founder of Excite and Jotspot; Josh Kopelman, the founder of Half.com; Scott Kurnit, the founder of About.com; Mark Pincus, the founder of Tribe.net and Support.com; and Narendra Rocherolle, the founder of Webshots.
tags: First Round | Fund | Blog | Feedster |