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File-SwappersMPAA Sues Two Midwestern Movie File-SwappersAuthored by Mark Hefflinger on January 30, 2006 - 7:41am.
Los Angeles - The Motion Picture Association of America (MPAA) last week filed two copyright infringement lawsuits against individuals alleged to have swapped movies over Internet file-sharing networks. Tara Brown, of Omaha, Nebr. and Nada Stjelja, of Highland, Indiana each face up to five years in prison and fines of up to $150,000 if they choose not to settle with the MPAA and lose their cases in court. "Internet piracy is happening in cities all across America, from Omaha, Nebraska to Altoona, Iowa," said MPAA chairman and CEO Dan Glickman. "We won't stand by while people steal valuable copyrighted material with no regard whatsoever for the law or for the rights of creative people to be paid for their efforts."
Ireland's High Court Says ISPs Must Identify Music File-SwappersAuthored by Mark Hefflinger on January 27, 2006 - 8:12am.
Dublin - The High Court of Ireland this week ruled that Internet service providers in the country must turn over the identities of subscribers alleged to have used file-sharing networks to commit copyright infringement, according to a report from Digital Rights Ireland, a digital civil liberties group. The Irish divisions of the major record labels monitored file-sharing networks using a program called MediaSentry and obtained the IP addresses of suspected file-swappers. They then asked the individuals' ISPs -- Eircom, BT Communications Ireland and Irish Broadband -- turn over the identities of these subscribers. Justice Peter Kelly called file-sharing "a modern form of thieving," ordered the ISPs to turn over their subscribers' identities to the record labels, and suggested the labels pass on that information to criminal prosecution authorities.
RIAA Sues Another 751 File-Swappers for Copyright InfringementAuthored by Mark Hefflinger on December 16, 2005 - 8:53am.
Washington - The Recording Industry Association of America (RIAA) has sued another 751 alleged music file-swappers for copyright infringement. The "John Doe" defendants named in the suits included students at Harvard, USC and Drexel. The RIAA said it also filed 105 new lawsuits against defendants whose identities were revealed by their Internet service providers through previous "John Doe" actions. "The end of the year is an especially important time for the music community, and an especially fortunate time for music fans, with a great slate of new releases in stores," said RIAA president Cary Sherman. "We must do everything to protect the integrity of the marketplace. That means educating fans about steering clear of pirated product and continuing to enforce our rights to send a clear message that stealing music will bring consequences." To date, the recording industry has sued more than 17,000 file-swappers for copyright infringement.
New RIAA Lawsuits Target 754 Music File-SwappersAuthored by Mark Hefflinger on December 1, 2005 - 11:28am.
Washington - Continuing its ongoing legal campaign against Internet file-sharing, the Recording Industry Association of America (RIAA) announced that it has filed a new round of copyright infringement lawsuits against 754 alleged song-swappers. The company has now sued over 12,000 individuals for copyright infringement. The "John Doe" lawsuits were filed against users of services including Grokster, Kazaa and LimeWire, and included defendants at 12 colleges. In addition, the RIAA said it filed 81 lawsuits against named defendants earlier this month, whose identities were uncovered through previous John Doe lawsuits. "These lawsuits have helped to contain illegal peer-to-peer use during a period of phenomenal broadband growth. They have helped to establish clear moral and legal rules of the road, weed out the bad actors and give lift to a robust legitimate marketplace," said RIAA president Cary Sherman. In September, the RIAA sent letters to seven peer-to-peer companies, asking them to shut down their services in light of the landmark Supreme Court ruling that found file-sharing software providers are liable for copyright infringement committed by users of the software.
Report: RIAA Has Wrongly Sued "Hundreds" of File-SwappersAuthored by Mark Hefflinger on October 4, 2005 - 3:14am.
San Francisco - Wired News on Tuesday cited legal experts who said "hundreds" of people are being wrongly sued by the Recording Industry Association of America (RIAA) for copyright infringement on file-sharing networks. Last week, a judge in Michigan dismissed a RIAA lawsuit against a woman who claimed the file-sharing was done by one of her children, and that the RIAA engaged in abusive behavior to try to get her to settle. "My impression is that the majority of those sued are innocent," Ray Beckerman, an attorney with Beldock Levine & Hoffman, told Wired News. "What really rankled me is the bullying tactics they use, and I don't like bullies. Prior to retaining lawyers, when (defendants) talk to the settlement support center, they are threatened with criminal prosecution, ruin of their credit, publication of their names." Some say that many of the IP addresses the RIAA collected from anonymous file-swappers, and later connected to Internet account owners through ISPs, have been matched with the wrong individuals. An RIAA spokeswoman told Wired News the RIAA has "complete confidence in the litigations we have filed and in the judicial process to resolve the issues raised in those cases." The RIAA has sued over 14,000 file-swappers for copyright infringement, and has so far settled some 3,300 of those cases out of court.
RIAA Sues Another 757 File-Swappers for Copyright InfringementAuthored by Mark Hefflinger on September 30, 2005 - 3:32am.
Los Angeles - The Recording Industry Association of America (RIAA) has sued another 757 suspected Internet song-swappers for copyright infringement. Among those sued were 64 allegedly trading songs on college campus computer networks, including some using the i2hub service on the ultra-fast Internet2 network. This latest round of lawsuits brings the total number of individuals the RIAA has sued over file-sharing to over 14,800. In addition to the "John Doe" defendants sued in the latest batch of lawsuits, the RIAA said it filed copyright infringement lawsuits against 163 individuals earlier this month who were identified by their ISPs through previous "John Doe" lawsuits. In the wake of a recent Supreme Court ruling that found providers of file-sharing software also liable for copyright infringement, the RIAA has also recently sent letters threatening legal action against seven of the most popular file-sharing firms, prompting WinMX to shut down and eDonkey to announce plans to convert to a legal, for-pay service.
Dutch Judge Rules File-Swappers' Privacy Outweighs Copyright ConcernsAuthored by Mark Hefflinger on July 12, 2005 - 10:33am.
Amsterdam -- A Dutch judge has ruled that ISPs in Holland cannot be compelled to turn over the identities of suspected Internet file-swappers to entertainment companies, citing privacy rights, Reuters reported. The judge said the Dutch copyright agency Brein "may have accessed private files" in the course of its investigation to identify file-swappers first by their Internet IP addresses. Brein manager Tim Kuik told Reuters the agency will appeal the ruling to a higher court. For now, the identities of Dutch customers of ISPs including UPC, Essent, Tiscali, Wanadoo and KPN who trade files on peer-to-peer networks will remain anonymous to the major record labels and movie studios anxious to file copyright infringement actions against them.
Swedish Anti-Piracy Group Reports 200 Suspected File-Swappers to PoliceAuthored by Mark Hefflinger on June 7, 2005 - 10:45am.
London -- Following the recent passing of a law in Sweden banning all file-sharing, the country's anti-piracy organization, Antipiratbyran (APB), has reported 200 alleged file-swappers to the police, The Register reported, citing a report in Sweden's The Local. The new file-sharing ban was passed by Swedish parliament and goes into effect on July 1. While APB had already sent copyright warnings to 400,000 file-swappers, the organization has been criticized for potentially violating Sweden's privacy laws by collecting IP addresses. After more than 1,000 complaints were sent to Swedish authorities, the APB said it has since changed its method of identifying suspected file-swappers.
MPAA Files Fifth Wave of Lawsuits Against Suspected Movie File-SwappersAuthored 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."
German Court Rules ISPs Can Protect Privacy of Alleged File-SwappersAuthored by Mark Hefflinger on May 18, 2005 - 8:02am.
Hamburg, Germany -- A court in the German state of Hamburg has ruled that Internet service providers there cannot be compelled to reveal the identities of subscribers alleged to have traded copyrighted songs, the German newspaper Heise Online reported. The Higher Regional Court in Hamburg ruled that current German law protects the privacy of ISP customers, following a similar ruling in the state of Hesse -- although new federal legislation is in the works in Germany that might change this. A lower court had ordered the identities of the operators of an FTP server in Hamburg that offered free downloads of songs from the band Rammstein turned over to the band's label, Universal. But the recent ruling from the Higher Regional Court overturned this decision, and the alleged file-swappers will remain anonymous for the time being.
Dutch ISPs Agree to Forward Copyright Notices to File-SwappersAuthored by Mark Hefflinger on March 14, 2005 - 5:31am.
Amsterdam -- The Associated Press reported on Monday that five Dutch Internet service providers have agreed to partly cooperate with the recording industry's efforts to target their subscribers with copyright infringement actions on peer-to-peer networks. While the ISPs stopped short of supplying the Brain Institute, a Dutch entertainment industry trade group, with the names and addresses of their alleged file-swapping subscribers -- they agreed to pass along warnings to the subscribers indicating that copyright infringement is illegal. "This is a service, a warning to clients that they are doing things that are against the law," Maaike Scholten, spokeswoman for two of the providers, HetNet and Planet Internet, told AP. Brain Institute director Tim Kuik told the Associated Press the letters would also demand that downloaders pay for songs, movies and other copyrighted content they have downloaded, and that the Brain Institute expects to eventually file suit against those who don't. "We'll see what happens to them if they don't pay," Kuik remarked.
U.K. High Court Orders ISPs to Identify 31 File-SwappersAuthored by Mark Hefflinger on March 14, 2005 - 3:41am.
London -- The U.K. High Court has ordered local six Internet service providers (ISPs) to provide the British Phonographic Industry (BPI) with the names and addresses of 31 individuals alleged to have uploaded large numbers of music files onto peer-to-peer file-sharing networks. "Once again, the Court has accepted that BPI has evidence that file-sharers in the U.K. are infringing copyright and has ruled that the identities of these 31 individuals should be disclosed so that the BPI can take legal action," said BPI General Counsel Geoff Taylor. "(This) result is a blow for illegal uploaders who believe that the law simply does not apply to them." The BPI said it planned to contact the individuals concerned, set out the details of their infringements and offer them the opportunity to settle the case before proceedings are issued. The ISPs in question now have less than two weeks to provide the requested information.
U.K. Record Industry Settles 23 Suits Against File-Swappers, Files 31 MoreAuthored by Mark Hefflinger on March 7, 2005 - 6:47am.
London -- The British Phonographic Industry (BPI), a U.K. record label trade group, announced that it has settled 23 lawsuits it filed against Internet music file-swappers in October 2004, with defendants paying penalties of up to $8,600 each. "We have no desire to drag people through the courts. So we have attempted to reach fair settlements where we can," said BPI general counsel Geoff Taylor. The BPI also said it sued 31 additional individuals for alleged copyright infringement on eight peer-to-peer networks, including eDonkey, Soulseek, Limewire, Bearshare and Imesh. "If illegal file-sharers think that they can avoid getting caught by staying away from the most popular networks like KaZaA, they're wrong," Taylor added. The BPI's U.S. counterpart, the Recording Industry Association of America, has now sued over 9,000 individuals suspected of Internet music file-sharing.
MPAA Sues Oscar Nominated Movie File-SwappersAuthored by Mark Hefflinger on February 24, 2005 - 4:23am.
Los Angeles -- The Motion Picture Association of America (MPAA) on Thursday filed a third wave of lawsuits against individuals allegedly trading movies on Internet file-sharing networks, targeting in particular those swapping Oscar-nominated films that have seen their DVD screeners leaked online. The MPAA did not say how many individuals it sued with the current wave of litigation, but did mention that films including "Sideways" and "The Incredibles" were part of the investigations. The MPAA has launched two previous rounds of lawsuits against both individual movie file-swappers, and operators of servers in countries including France, Finland and Holland that host movies traded on peer-to-peer networks like eDonkey and BitTorrent. Recently, LokiTorrent, one such server site, agreed to shut down and pay the MPAA a $1 million settlement.
German Court Rules ISPs Need Not Reveal Identities of File-SwappersAuthored by Mark Hefflinger on January 28, 2005 - 5:19am.
Frankfurt -- The Higher Regional Court of Frankfurt has ruled that ISPs in Germany are not obligated to reveal the identities of their subscribers who are accused of copyright infringement on file-sharing services, the German newspaper Heise reported. The denial to record labels seeking to sue such anonymous file-swappers was the second such ruling delivered in Germany, in stark contrast to U.S. precedent, where courts have enabled record labels and movie studios to file "John Doe" copyright suits that compel ISPs to reveal the identities of their customers. The German court said that ISPs only supply technical access to the Internet, and aren't generally obligated to inspect the data transmitted along their networks, but must block access when they learn of illegal content.
Report: Canadian Teens More Active File-Swappers Than U.S. CounterpartsAuthored by Mark Hefflinger on December 17, 2004 - 9:11am.
Vancouver, B.C. -- Canadian teenagers are more voracious music downloaders than their American counterparts, as only one-in-three Canadian teens said they had never downloaded a music file compared with 60% of U.S. teens polled in a recent survey conducted by Ipsos-Reid. Canada's teens download an average of 15 songs per month, with 29% saying they download music at least a few times a week, and 53% reporting they do so at least a few times a month. By contrast, only 24% of Canadian adults polled said they download music a few times a month. "Our research with Canadian adults indicates that many have decreased their music downloading activities," said Ipsos-Reid vice president Chris Ferneyhough. "However, it looks like teenagers are picking up the slack. These teens have come of age during the peer-to-peer phenomenon so convincing them not to download free music is likely going to be a difficult task for the recording industry." The survey also found that 42% of the teens who said they didn't download music were not allowed to by their parents, 19% "don't feel it is right" and 17% were worried about downloading viruses.
Hollywood Studios Sue Movie File-Swappers, Launch Anti-Piracy CampaignAuthored by Mark Hefflinger on November 16, 2004 - 5:17am.
Washington -- The Motion Picture Association of America (MPAA) announced on Tuesday that it has filed its first wave of copyright infringement lawsuits against alleged Internet movie file-swappers. The suits were filed against an undisclosed number of defendants, who could be liable for up to $30,000 for each movie traded, and up to $150,000 if "willful infringement" is proven. The MPAA did not state whether it would offer settlement deals to accused infringers, as the recording industry has done in its legal campaign. "The future of our industry, and of the hundreds of thousands of jobs it supports, must be protected from this kind of outright theft using all available means," said MPAA CEO Dan Glickman. The MPAA's new campaign also includes anti-piracy trailers and posters that will be displayed in 10,000 video rental stores, through an agreement with the Video Software Dealers Association. The group will also soon offer free software that it says will identify potentially infringing movie and music files on a computer, along with any file-sharing applications, and offer to delete them. The MPAA said this information would only be visible by a user of the program, and "would not be shared with or reported to the MPAA or any other body." The MPAA also cited raids on street vendors in Los Angeles and New York, in addition to actions in five other countries, as well as its backing of movie theater anti-camcording laws in 18 states and the District of Columbia as other examples of its campaign against movie piracy.
Penn. Judge Says File-Swappers Targeted by RIAA Must Be Advised of RightsAuthored by Mark Hefflinger on October 29, 2004 - 4:28am.
Philadelphia -- A federal court in Pennsylvania has ruled that Internet service providers in the state who are served "John Doe" lawsuits by the Recording Industry Association of America (RIAA), asking for the identities of subscribers accused of copyright infringement, must first provide these subscribers detailed notices on the subpoenas, including information on their rights and how they can contest them. U.S. District Judge Cynthia Rufe ruled on Oct. 12 that ISPs must provide information, including a list of attorneys, to their subscribers targeted by the RIAA. "Receiving notice from your ISP that you are being sued by the record companies is a terrifying experience for the grandmas, students, and working mothers who have been caught up in the RIAA's lawsuit crusade," said Electronic Frontier Foundation legal director Cindy Cohn. "By requiring ISPs to include basic information such as the right to challenge lawsuits and where to go for help, the court took a big step toward helping people understand their options." Groups including the Electronic Frontier Foundation, Public Citizen and the ACLU filed briefs in the case supporting the judge's decision. While the ruling only applies to ISPs in the Eastern District of Pennsylvania, Public Citizen attorney Paul Levy noted, "We can only hope that judges throughout the country will follow this example."
Report: File-Swappers on eDonkey Outnumbered Kazaa Users in SeptemberAuthored by Mark Hefflinger on October 12, 2004 - 3:23am.
Los Gatos, Calif. -- For the first time, users of the Kazaa file-sharing application were outnumbered in September by users of the rival eDonkey service, which can more easily handle larger files like video, according to a report from Los Gatos, Calif.-based BayTSP, a peer-to-peer tracking firm. During September, eDonkey averaged 2.54 million users per day, while Kazaa averaged 2.48 million users. Kazaa's position as the most popular file-sharing service has waned over the past year, since the Recording Industry Association of America (RIAA) first began suing its users in a very public anti-piracy campaign.
European Record Labels Sue 459 File-Swappers for Copyright InfringementAuthored by Mark Hefflinger on October 7, 2004 - 2:51am.
London -- In the first major music industry action against peer-to-peer file-swappers in Europe, the International Federation of the Phonographic Industry (IFPI) announced on Thursday that record labels have sued 459 individuals in six countries for copyright infringement. For the first time, file-swappers in the U.K. and France were sued; residents of Italy, Denmark, Germany and Austria were also targeted with a combination of criminal and civil actions. In the U.K., the British Phonographic Industry said it sued 28 individuals, while in France 50 music uploaders were sued. "We are taking this action as a last resort and we are doing it after a very long public awareness campaign," said IFPI chairman and CEO Jay Berman. "Now, finally, we are at the point where the law has to be enforced. There is quite simply no longer any excuse for illegally file-sharing. People who love music should buy it online and not swap files illegally." The IFPI said that the first wave of European suits in March against file-swappers in Germany and Denmark have resulted in 80 settlements for amounts up to $15,000. The IFPI's counterpart in the U.S., the Recording Industry Association of America (RIAA), has now sued over 5,700 file-swappers for copyright infringement.
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