Sues

RIAA Sues Another 750 File-Swappers

Authored by Mark Hefflinger on February 2, 2006 - 7:25am.
Washington - The Recording Industry Association of America (RIAA) announced on Thursday that it has filed "John Doe" lawsuits against another 750 alleged music file-swappers, looking to obtain their identities from Internet service providers for use in copyright infringement claims. The group said it also filed lawsuits against 112 individuals identified through John Doe actions in early January. "The illegal downloading of music is just as wrong as shoplifting from a local store. It's against the law, and breaking the law must carry consequences," said RIAA president Cary Sherman. "Prosecuting songlifting is integral to helping protect the ability of record companies to invest in the up-and-coming bands of tomorrow and level the playing field for legal online services." The RIAA has now filed over 14,000 lawsuits against music file-swappers.
tags: RIAA | File-Swapper | Sues |

RIAA Sues Another 757 File-Swappers for Copyright Infringement

Authored 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.

Authors Guild Sues Google for "Massive Copyright Infringement"

Authored by Mark Hefflinger on September 21, 2005 - 9:04am.
New York -- The Authors Guild, a trade union for published authors, announced on Wednesday that it has filed suit against search engine firm Google in federal court, claiming the company's Google Library program that scans books into its index amounts to "massive copyright infringement." The Google Library program aims to scan the text of thousands of books in the public domain into its index, so that users may read them for free online; the company has also partnered with numerous libraries to scan their texts, offering restricted page viewing and prohibiting printed copies from being made. After initial criticism from some publishers, Google now allows them to opt out if they choose not to have their works indexed. "This is a plain and brazen violation of copyright law," said Authors Guild president Nick Taylor. "It's not up to Google or anyone other than the authors, the rightful owners of these copyrights, to decide whether and how their works will be copied." The lawsuit, which seeks damages and an injunction to halt further infringements, was filed on behalf of authors Herbert Mitgang, Betty Miles and Daniel Hoffman -- who were not consulted by Google before their works were included in the Google Library project by the University of Michigan's library. "We regret that this group has chosen litigation to try to stop a program that will make books and the information within them more discoverable to the world," Google said in a statement.

RIAA Sues Another 754 Song-Swappers for Copyright Infringement

Authored by Mark Hefflinger on September 1, 2005 - 6:50am.
Los Angeles -- The Recording Industry Association of America (RIAA) announced on Wednesday that it has sued another 754 individuals for copyright infringement of songs on peer-to-peer file-sharing networks. The "John Doe" lawsuits, filed in federal courts in California, Colorado, Georgia, Missouri, New York, Pennsylvania, Virginia and Washington, D.C., will seek to obtain the identities of individuals from their Internet service providers. The industry's last wave of 765 file-swapper lawsuits was filed in late July; defendants have usually settled with the record labels for between $3,000 and $5,000 each. The RIAA has now sued over 14,000 individuals since launching its legal anti-piracy campaign in Sept. 2003.

"Call of Duty" Developer Spark Sues Activision for $10 Million

Authored by Mark Hefflinger on September 1, 2005 - 6:46am.
Santa Monica, Calif. -- Video game publisher Activision has been sued for $10 million by Spark Unlimited, developer of its "Call of Duty: Finest Hour" title, over allegations Activision reneged on an agreement that would have seen Spark develop two sequels to the game. Spark says in its lawsuit that Activision withheld bridge financing due after the delivery of Finest Hour, in addition to lowering royalty payments to the developer for the title. Spark also alleges that Activision stole ideas presented by Spark for sequels to Finest Hour, which are now being implemented in a sequel being worked on by developers Grey Matter and Treyarch. "Activision refused to pay Spark the royalties owed on Finest Hour or the bridge financing due under the contract, stole Spark's idea, and then hired away Spark's own employees to develop that sequel, hoping that if Spark was sufficiently crippled, Spark would be unable to protect its rights," Spark alleges, in its lawsuit. Activision told Reuters that it is reviewing the lawsuit.

Forgent Sues 15 Cable, Satellite TV Providers for Infringing DVR Patent

Authored by Mark Hefflinger on July 14, 2005 - 9:57am.
Austin, Texas -- Forgent Networks announced on Thursday that it has sued 15 cable and satellite TV operators -- including Comcast, DirecTV and Timer Warner -- for infringement of its digital video recording (DVR) patent. Filed in the U.S. District Court for the Eastern District of Texas, the suit claims the 15 companies are violating U.S. patent No. 6,285,746, which describes a system that plays back a program while it is being recorded. All of the defendants offer digital video recorder services to their subscribers; Forgent may also add additional defendants that make such devices to the lawsuit, such as TiVo. "We believe we will prevail in this action as the '746 Patent is valid, enforceable and infringed by the defendants," said Forgent chairman and CEO Richard Snyder. Texas-based Forgent said its enforcement actions relating to a different JPEG patent have yielded $100 million in license fees from companies in Asia, Europe and the U.S.

Macrovision Sues Makers of DVD Copying Software

Authored by Mark Hefflinger on June 15, 2005 - 8:36am.
Santa Clara, Calif. -- Macrovision, a developer of copy-protection technologies for CD, DVD, VHS and other media, announced on Wednesday that it has filed suit against two companies offering DVD copying software, arguing the products infringe Macrovision's copy-protection technology as well as the Digital Millennium Copyright Act (DMCA). Macrovision sued Pennsylvania-based Sima Products Corp. and Wisconsin-based InterBurn Enterprises in the U.S. District Court in the Southern District of New York, over Sima's GoDVD product and InterBurn's DVD X Copy. The latter product is strikingly similar to the DVD X Copy application once offered by St. Louis-based 321 Studios, which a federal judge ordered taken off the market for copyright violations. "Sima and Interburn infringe Macrovision's intellectual property by offering products that enable users to make unauthorized copies of copyrighted content by illegally removing our copy protection system," said Macrovision CEO Bill Krepick. The company's DMCA claim alleges that the products violate a section of the law that prohibits circumventing the copyright protections on a digital device.

Forgent Sues Microsoft for Infringement of JPEG Image Compression Patent

Authored by Mark Hefflinger on April 22, 2005 - 7:45am.
Austin, Texas -- Forgent Networks, a developer of scheduling software and holder of a number of technology patents, announced on Friday that it has sued Microsoft for infringement of its patent on JPEG Web image compression technology. Forgent's suit follows a prior complaint from Microsoft that seeks to invalidate the patent. It's unfortunate that, despite Microsoft's recent inquiries about licensing the patent, they chose to file a lawsuit, leaving us no alternative but to assert infringement claims against it," said Forgent chairman and CEO Richard Snyder. Forgent said it has generated more than $100 million in three years from licensing its '672 patent to 35 companies, adding that it has sued an additional 44 firms for infringing the patent.

Customer Sues Comcast for Disclosing ID to RIAA Without Court Order

Authored by Mark Hefflinger on April 15, 2005 - 9:24am.
Seattle -- A Seattle-area woman has sued the nation's largest cable TV operator, Comcast, for allegedly disclosing her identity to the Recording Industry Association of America (RIAA) -- without having been compelled to by a court order, or first notifying her of the disclosure -- Reuters reported. Dawnell Leadbetter reportedly learned of the record industry's intentions only after she was contacted by a collection agency and told to pay a $4,500 settlement, or face a copyright infringement lawsuit. "Comcast should respect the rights of privacy who pay them monthly bills," Leadbetter's attorney, Lory Lybeck, told Reuters.

RIAA Sues Another 717 Alleged Song-Swappers for Copyright Infringement

Authored by Mark Hefflinger on January 31, 2005 - 5:04am.
Washington -- The Recording Industry Association of America (RIAA) announced last week that it has sued another 717 alleged music file-swappers for copyright infringement. The "John Doe" lawsuits, filed to obtain the identities of peer-to-peer users from their Internet service providers, include 68 directed at individuals on 23 college campuses. "In a world that is becoming more and more connected through the wonders of digital technology, students need to understand that just because someone else’s property or creations can be obtained easily and freely without anyone seemingly knowing, there are consequences because it is stealing," said RIAA general counsel Steven Marks. The latest batch of lawsuits follows on several hundred filed by the RIAA in December, and brings the total number of individuals sued by the RIAA for copyright infringement on file-sharing services to nearly 8,500.

Volkswagen Sues Makers of Suicide Bomber Spoof Internet Ad

Authored by Mark Hefflinger on January 28, 2005 - 5:24am.
Frankfurt -- Automaker Volkswagen has filed a criminal lawsuit against the anonymous creators of a controversial spoof ad for its Polo car that has recently spread across the Internet, Reuters reported. The ad for the Polo, whose motto is "Small but Tough," features the car absorbing the blast from a suicide bomber's explosives detonated from within the car, parked outside a crowded café. Volkswagen and its ad agency deny having created the ad, and sued under a provision of German law that allows charges to be filed against unknown defendants, compelling prosecutors and law enforcement to then track them down. "This is an attack on Volkswagen's good name," company spokesman Hartwig von Sass told Reuters. The U.K. newspaper Guardian reported that a London-based advertising duo called Lee and Dan admit to creating the ad as a calling card for their business, were horrified by the reaction, and have since apologized.

RIAA Sues Another 750 Alleged Song-Swappers for Copyright Infringement

Authored by Mark Hefflinger on October 29, 2004 - 4:27am.
Washington -- The Recording Industry Association of America (RIAA) announced on Friday that it has sued another 750 alleged music file-swappers for copyright infringement, including 25 users from 13 different universities. In addition to the 750 "John Doe" lawsuits filed to obtain file-swappers' identities from their Internet service providers, the RIAA said it filed 213 separate lawsuits against defendants in 34 states and the District of Columbia identified through previous "John Doe" suits who declined or ignored an RIAA settlement offer. The RIAA has now sued a total of over 6,100 individual file-swappers for copyright infringement. The students targeted by the RIAA on Friday include some studying at Iowa State University, Ohio State University, Grinnell College and Indiana State University. "In order for legitimate services to continue their growth, we cannot ignore those who take and distribute music illegally," said RIAA president Cary Sherman. "There must be consequences to breaking the law or illegal downloading will cripple the music community's ability to support itself now or invest in the future." The RIAA also announced this week that CD shipments increased 10.2% in the first half of 2004.

WWE Sues Jakks Pacific, THQ for Bribery Over Wrestling Game License

Authored by Mark Hefflinger on October 20, 2004 - 8:21am.
Stamford, Conn. -- World Wrestling Entertainment (WWE) has sued toymaker Jakks Pacific, video game publisher THQ and others for allegedly bribing a WWE licensing agent in order to acquire the rights to make WWE wrestling video games. The suit alleges that the licensing agent conspired with a former WWE senior vice president to accept $100,000 in bribes from Jakks Pacific in order to hide competing bids to make WWE games, from publishers including Activision. Jakks Pacific and THQ were jointly awarded the license, and have released several successful wrestling video games, such as "WWE SmackDown." WWE is seeking treble, punitive and other damages, and is asking the court to invalidate the Jakks/THQ license. In a statement, THQ said it is not directly accused of wrongdoing in the suit and was and is not aware of any alleged bribery by Jakks. The company also "is committed to preserving its rights under the videogame license with the WWE," and, "believes the WWE is pleased with the manner in which THQ has managed their brand in the video game category."

SanDisk Sues STMicroelectronics for Patent Violation

Authored by Mark Hefflinger on October 19, 2004 - 9:20am.
Amsterdam -- SanDisk, the world's largest maker of flash-memory data storage products, announced on Tuesday that it has filed two separate lawsuits in the U.S. District Court in Northern California against STMicroelectronics NV, a Franco-Italian semiconductor firm. The Sunnyvale, Calif.-based company argues that the NAND flash memory chips manufactured by STMicroelectronics and its subsidiaries infringes on a SanDisk patent. It has asked that the chips in question be barred from sale in the U.S. Both companies' flash memory cards are used in consumer electronics such as cell phones, cameras and MP3 players. "The ITC confirmed the validity of our (patent) in 1997 in our action against Samsung Electronics," said SanDisk intellectual property counsel E. Earle Thompson. "We are looking forward to a speedy decision." STMicroelectronics has not commented on the matter, except to say that it plans to defend its position "vigorously."

European Record Labels Sue 459 File-Swappers for Copyright Infringement

Authored 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.

RIAA Sues Another 762 Suspected File-Swappers for Copyright Infringement

Authored by Mark Hefflinger on October 1, 2004 - 3:27am.
Washington -- The Recording Industry Association of America (RIAA) announced that it has sued another 762 individuals suspected of copyright infringement on peer-to-peer file-sharing networks, bringing the total number of people the record label trade group has filed suit against to nearly 5,400. Those sued as "John Doe" defendants, whose identities must be provided my their Internet service providers, included students at 26 colleges; the RIAA also said it sued 68 defendants whose identities had been revealed as a result of past "John Doe" suits, and had declined out of court settlements. The RIAA has offered to settle its copyright infringement suits against file-swappers for an average of $5,000 each. Since a landmark ruling that found companies distributing file-sharing software are not liable for copyright infringement, the recording and motion picture industries have sought to lobby lawmakers for new laws enabling them to sue companies like Kazaa's Sharman Networks. Other proposed legislation would empower the FBI to take action against file-swappers who share over 1,000 songs, providing a penalty of up to three years in prison.

U.K.-Based BTG Sues Amazon.com for Patent Infringement

Authored by Mark Hefflinger on September 16, 2004 - 4:18am.
London -- BTG, a technology development firm based in London, announced that it is suing Amazon.com, the Internet retail giant, for using an Internet tracking technology for which it claims to own a patent. The company said it has also filed lawsuits in a court in Delaware against online bookseller BarnesandNoble.com, discount retailer Overstock.com and DVD rental website Netflix. BTG claims the technology in question was developed by Infonautics Corp, whose patents BTG acquired two years ago. BTG also said that it was seeking unspecified damages for past infringements, as well as an injunction against future use of the technology. Formerly known as British Technology Group, BTG is a company that takes technology from universities and companies and tries to commercialize it.

Kazaa Partner Altnet Sues RIAA for Patent Infringement

Authored by Mark Hefflinger on September 9, 2004 - 5:02am.
Los Angeles -- Altnet, a partner of Sharman Networks that sells legitimately licensed works on the Kazaa file-sharing service, announced that it has filed a patent infringement suit against the Recording Industry Association of America (RIAA), which it says has infringed Altnet technology in the course of its anti-piracy campaign. The technology in question is called "TrueNames," which identifies files on a P2P network using a digital fingerprint, and which Altnet said that the RIAA and co-defendants Overpeer and Media Sentry have used to seed file-sharing networks with "spoof" files that are bogus or corrupted. "We've exhausted every means of trying to work with these defendants and those they represent to patiently encourage and positively develop the P2P distribution channel," said Altnet CEO Kevin Bermeister. "We cannot stand by and allow them to erode our business opportunity by the wholesale infringement of our rights." Bermeister and executives at Kazaa parent Sharman Networks have been sued by the RIAA for copyright infringement; however, a federal appeals court recently ruled that providers of file-sharing software are not liable for any copyright infringement committed by users of such software.

Texas Firm Sues Major League Baseball Over Internet Video Patents

Authored by Mark Hefflinger on September 9, 2004 - 4:56am.
Austin, Texas -- A company holding patents on Internet video has sued Major League Baseball Advanced Media (MLBAM), over features offered on the baseball league's websites that allegedly infringe the patents, CNET News.com reported. Austin-based DDB Technologies says that MLB.com features such as simulations of live games, video highlights, searchable video and a stat tracker infringe on its patented technology. DDB has previously won a license of its technology from SportsLine.com, and said it is currently talking to other sites that provide similar live sports features. "Hopefully, MLBAM will take the license to DDB's patents, and eventually, we hope, others will as well," Michael McLaughlin, a spokesman for DDB, told News.com. MLBAM plans to take the matter to court. "We have preliminarily reviewed the allegations," MLBAM spokesman Jim Gallagher told News.com. "We believe the suit to be without merit, and we will see them in court."

RIAA Sues Another 482 Song-Swappers for Copyright Infringement

Authored by Mark Hefflinger on June 22, 2004 - 8:12am.
Los Angeles -- The Recording Industry Association of America (RIAA) on Tuesday filed another 482 copyright infringement lawsuits against alleged music file-swappers, bringing the total number of individuals sued since the group began its legal campaign a year ago to 3,429. The new lawsuits were filed against "John Doe" subscribers to Internet service providers, and included 206 in Washington, D.C., 213 in St. Louis, 55 in Denver and six in New Jersey. The "John Doe" suits against individual defendants are a step the RIAA must now take in order to compel ISPs to identify their accused customers. Most defendants have settled their cases with the RIAA out of court, agreeing to pay an average of $3,000 to have charges dropped. "Illegal downloading continues to cause enormous harm to the entire music community," said RIAA general counsel Steven Marks. "We must stay on the path of education, enforcement, and offering great legal services."