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SIIA Reaches Copyright Settlement with Knowledge Networks

Authored by Mark Hefflinger on August 17, 2007 - 1:41pm.

Washington - The Software & Information Industry Association (SIIA), a DC-based trade association representing the software and content industry, said that it has reached a $300,000 agreement to settle copyright infringement claims against Silicon Valley-based market research firm Knowledge Networks.

tags: Law | Newspapers | Copyright | Publishing | lawsuit | Knowledge Networks | SIAA |

Canadian Record Label to Defend Family Against RIAA Lawsuit

Authored by Mark Hefflinger on January 27, 2006 - 8:10am.
New York - Nettwerk Music Group, Canada's largest record label and management firm, has said it will provide legal defense for a family sued by the Recording Industry Association of America (RIAA) for using file-sharing networks to commit copyright infringement. Songs by Nettwerk client Avril Lavigne are among those alleged to have been offered for downloading; other Nettwerk clients include Josh Rouse, Sarah McLachlan and Barenaked Ladies. "The current actions of the RIAA are not in my artists' best interests," said Nettwerk CEO Terry McBride. "Litigation is not 'artist development'. Litigation is a deterrent to creativity and passion and it is hurting the business I love." Nettwerk has said it will pay for the Gruebel family's lawyers, as well as any damages should the family lose its case. "Since 2003 the RIAA has continually misused the court and legal system, engaging in misguided litigation tactics for the purpose of extorting settlement amounts from everyday people -- parents, students, doctors, and general consumers of music," said Charles Lee Mudd Jr, a Chicago-based attorney who will represent the Gruebels. "In doing so, the RIAA has misapplied existing copyright law and improperly employed its protections not as a shield, but as a sword."
tags: RIAA | Canada | Record | lawsuit |

SonyBMG Faces Class Action Lawsuit Over CD Copy-Protection

Authored by Mark Hefflinger on November 10, 2005 - 8:27am.
Los Angeles - California consumers have filed a class-action lawsuit against major record label SonyBMG, claiming their computers have been harmed by the company's recently-uncovered use of a controversial CD copy-protection technology, Reuters reported. The label and its anti-piracy software partner, First 4 Internet, used a hacker method called a "rootkit" to hide their CD copy-protection software deep within a computer's operating system. Antivirus firms have stated that trying to remove the software could impair a PC's ability to play CDs. The lawsuit, filed on Nov. 1, seeks damages, and also asks that SonyBMG stop selling the 20 or so music albums containing the technology. Consumers argue that Sony made no disclosure of what its anti-piracy tool was doing, and that the software also depletes a computer's available resources. A vice president with Computer Associates told CNET News.com that the software also reports back to Sony BMG on which CDs users listen to on their PCs, and potentially can impair ripping any CD, not just the copy-protected SonyBMG releases.
tags: CD | Copy-Protection | lawsuit | SonyBMG |

Lawsuit to Challenge New Calif. Law Banning Violent Game Sales to Minors

Authored by Mark Hefflinger on October 11, 2005 - 7:16am.
Sacramento, Calif. - California Gov. Arnold Schwarzenegger has signed into law a ban on the sale of violent video games to minors in the state, which the video game industry says it will challenge in court. The bill restricts the sale of violent games to those under 18, penalizing retailers who do with a $1,000 fine, and requires retailers to place more prominent game rating information in stores and a two-inch square "18" sticker on video game packaging. "Today I signed legislation to ensure parent involvement in determining which video games are appropriate for their children," said Gov. Schwarzenegger. Many of these games are made for adults and choosing games that are appropriate for kids should be a decision made by their parents." The Entertainment Software Association (ESA), a video game industry trade group, said it plans to file a lawsuit to have the law overturned; similar bans on violent video game sales to minors have been struck down by courts in Washington state, St. Louis and Indianapolis. "We are disappointed that politicians of both parties chose to toss overboard the First Amendment and free artistic and creative expression in favor of political expediency," said ESA president Doug Lowenstein.
tags: Games | Minors | lawsuit | Violent Game Sales | New Calif. |

Lawsuit Claims AOL Chat Room Monitor Seduced Girl

Authored by Mark Hefflinger on April 22, 2005 - 7:43am.
Dulles, Va. -- A California teenager has filed suit against America Online and parent Time Warner, claiming that an AOL chat room monitor used his position to sexually proposition the girl over a two-year period. According to the Associated Press, the suit, filed April 1, alleges that the monitor -- whose job it was to protect children from online predators -- exchanged graphic images, emails and phone calls with the girl. AOL said that is has since fired the employee and referred the case to law enforcement agencies, including the FBI. It is reportedly the first suit of its kind against an employee of a major Internet service provider. The girl is seeking at least $25,000 in damages.
tags: AOL | lawsuit | Chat Room Monitor | Seduced Girl |

Lawsuit Seeks More Public Domain Works for Internet Archive

Authored by Mark Hefflinger on September 20, 2004 - 3:59am.
San Francisco -- An Internet archivist and film collector have filed a lawsuit hoping to change copyright laws so that "orphaned" copyrighted works, or works that are out of print and not commercially viable but still protected by copyright, would be moved to the "public domain," where they could be used freely, Wired News reported. Internet Archive founder Brewster Kahle and film collector Rick Prelinger filed the suit -- Kahle v. Ashcroft -- in March; since then the government has filed a motion to dismiss, and the plaintiffs an opposition to that motion. The plaintiffs want to digitize orphaned copyright works such as films to add to a free online library. "Because of the indiscriminate nature of copyright today, the burden of copyright regulation extends to work whether or not the original author has any need for continuing protection," the Kahle lawsuit reads. "That unnecessary burden blocks the cultivation of our culture and the spread of knowledge." The U.S. District Court for the Northern District of California will hear arguments on Oct. 29.
tags: lawsuit | Public Domain | Internet Archive |

Record Labels Vow to Fight Belgian Copy-Protected CD Lawsuit

Authored by Mark Hefflinger on January 6, 2004 - 4:12am.
Brussels -- A number of the biggest music companies in the world this week vowed to fight a multi-million-dollar lawsuit filed against them by the notoriously feisty consumer group Test-Achats. The Belgian group filed the suit against EMI, Universal Music, Sony Music and BMG earlier this week after receiving hundreds of complaints that the companies' copy-protection schemes had prevented some audio CDs from being played on PCs and car stereos. In a statement, the International Federation of the Phonographic Industry defended its members' practices, saying that European law clearly stipulates that record companies "have the right to protect their works through technical means".
tags: CD | Belgian | lawsuit | Record Labels |

Game Publisher Take-Two May Face SEC Lawsuit Over Accounting

Authored by Mark Hefflinger on December 19, 2003 - 4:36am.
New York -- Video game publisher Take-Two Interactive has announced that it received notice the U.S. Securities and Exchange Commission (SEC) may file civil charges against the company related to its accounting practices. The lawsuit would seek an injunction and monetary damages against the company, alleging violations of certain provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934. The SEC's staff informed Take-Two through a Wells Notice of its intention to recommend that the SEC file charges. The company said it has "initiated discussions" with the SEC on the matter. Separately, New York-based Take-Two said that it will close its Gotham Games publishing label. The company's Gathering label will take over publishing duties for all of its mid-priced and premium priced products on the PC, console and handheld platforms not published by its Rockstar Games label.
tags: Games | Take-Two | SEC | lawsuit |

$246 Million Lawsuit Blames "Grand Theft Auto" Video Game for Shootings

Authored by Mark Hefflinger on October 24, 2003 - 10:19am.
Knoxville, Tenn. -- The families of two victims shot while driving by two teenagers who claim to have been inspired by Take-Two Interactive's "Grand Theft Auto" video game have sued Take-Two, marketer Sony Computer Entertainment America and retailer Wal-Mart for $246 million. Two stepbrothers from Newport, Tenn. -- William Buckner, 16, and Joshua Buckner, 14 -- are already serving sentences after pleading guilty to charges of reckless homicide, endangerment and assault for the June 25 shootings of Aaron Hamel, 45, who was killed, and Kimberly Bede, 19, who was seriously wounded when their cars were hit by bullets fired by the two boys. Plaintiffs' attorneys Jack Thompson and Richard Talley said in the suit that the "Grand Theft Auto" game, which rewards players for shooting drivers and running over pedestrians, "inspires and trains players to shoot at vehicles and persons." "These kids simply decided to take the thrill of that game out to Interstate 40 and started pointing at cars," Thomson told the Associated Press. A number of similar cases targeting video games as the impetus behind violent crimes have been thrown out of court.
tags: Video Game | Grand Theft Auto | lawsuit | Shootings |

RIAA Sends Letters to 204 File-Sharers, Offering Settlement Before Lawsuit

Authored by Mark Hefflinger on October 17, 2003 - 4:00am.
Washington -- The Recording Industry Association of America (RIAA) has sent letters to 204 individuals it believes infringed copyrights on music file-sharing systems, encouraging them to contact the RIAA and settle the matter or else face a lawsuit. The decision to notify potential defendants before actually filing suit comes after negative publicity over at least one case of mistaken identity from the RIAA's last round of lawsuits, as well as feedback from several lawmakers who believe the RIAA's methods to be overly harsh. "We take the concerns expressed by policy makers and others very seriously," said RIAA president Cary Sherman. "In light of the comments we have heard, we want to go the extra mile and offer illegal file sharers an additional chance to work this out short of legal action. A portion of a sample letter provided to CNET News.com by the RIAA reads: "We have gathered substantial evidence that you have been using a peer-to-peer network such as Kazaa or Gnutella to download and upload music owned by our clients… We are writing in advance of filing suit against you in the event that you have an interest in resolving these claims through settlement." The letter also warns recipients not to destroy any pertinent evidence -- such as wiping their hard drives of downloaded MP3s -- and lets them know the RIAA will sue them if they do not respond within 10 days.
tags: RIAA | lawsuit | File-Sharers |

Charter Files Lawsuit to Block RIAA Subpoenas for Subscriber Identities

Authored by Mark Hefflinger on October 6, 2003 - 5:07am.
St. Louis -- Charter Communications, the nation's third-largest cable TV operator and a provider of high-speed cable Internet services, has filed a lawsuit in federal court seeking to block subpoenas seeking the identities of some of its subscribers that the Recording Industry Association of America (RIAA) believes are online music pirates, the St. Louis Post-Dispatch reported. "We are the only major cable company that has not as yet provided the RIAA a single datum of information," Tom Hearity, vice president and associate general counsel for Charter, told the St. Louis Post-Dispatch. The company said that it is asking the court to quash RIAA subpoenas for the identities of 150 Charter Internet subscribers. Charter reported having 1.38 million broadband Internet subscribers as of June 30. In addition to Charter, fellow ISPs Verizon and Pacific Bell Internet Services, a division of telco SBC, have filed lawsuits to block RIAA subpoenas for their subscribers' identities.
tags: RIAA | Subpoenas | lawsuit | Subscriber Identities |

Vivendi Says USA Interactive Lawsuit Is "Without Merit"

Authored by Mark Hefflinger on April 17, 2003 - 1:50am.
Paris -- Vivendi Universal said on Thursday that a lawsuit filed earlier this week by USA Interactive is "without merit". In a statement, Vivendi said that the USA Interactive lawsuit was filed to gain leverage in the negotiations regarding Vivendi's ongoing asset disposal program, but that the lawsuit will not interfere with the program. "Vivendi Universal continues to focus on returning to an investment grade credit profile during the first half of 2004 by continuing to reduce the company's leverage," the company said.
tags: USA | Vivendi | lawsuit | Without Merit |