Lawsuits, Music

Judge Finds File-Swapper Destroyed Evidence, Sides With RIAA

Authored by Mark Hefflinger on August 27, 2008 - 9:06am.

Los Angeles - Due to an accused file-swapper's actions to uninstall file-sharing software and reformat his hard drive, a federal judge has found he willfully destroyed evidence and is now subject to relevant sanctions, Ars Technica reported. Defendant Jeffrey Howell previously won a major victory in the case (Atlantic v. Howell), when Judge Neil V. Wake rejected the label's argument that his simply "making available" of songs in a shared folder on the Kazaa application constituted copyright infringement.

Judge: Copyright Owners Must Weigh "Fair Use" in Complaints

Authored by Mark Hefflinger on August 21, 2008 - 9:45am.

Los Angeles - A federal judge ruled on Wednesday that copyright holders must consider the potential "fair use" of their works before sending copyright takedown notices to online video sites. "In order for a copyright owner to proceed under the DMCA with 'a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,' the owner must evaluate whether the material makes fair use of the copyright," U.S. District Judge Jeremy Fogel wrote, in his ruling.

tags: Video | Law | Lawsuits | Music | DMCA | Copyright | Fair Use | EFF |

Vintage Concert Site Wolfgang's Vault Settles with Labels

Authored by Mark Hefflinger on August 27, 2008 - 10:04am.

Los Angeles - Wolfgang's Vault, a site that offers downloads of vintage concerts and other memorabilia once owned by legendary concert promoter Bill Graham, has reached a tentative settlement with rock bands Santana and the Doors, and a number of record labels that sued the site for copyright infringement, Billboard reports.

EMI Sues Chinese Music Recommendation Service Yobo.com

Authored by Mark Hefflinger on August 26, 2008 - 10:28am.

Beijing - Major record label EMI has filed suit against China-based music recommendation service Yobo.com, Pacific Epoch reports, citing the Beijing Times.

Allman Bros. Sue Universal Music Over Unpaid Digital Royalties

Authored by Mark Hefflinger on August 12, 2008 - 10:27am.

New York - Veteran rockers The Allman Brothers Band has filed a lawsuit against Universal Music Group, seeking over $10 million in what the band says are unpaid royalties from sales of their CDs and digital downloads, Reuters reported.

Penalty Lowered for Teen File-Swapper Who Claimed Ignorance

Authored by Mark Hefflinger on August 11, 2008 - 9:57am.

Los Angeles - A federal judge has sided with the argument of a 16-year-old girl who claimed she had no knowledge or understanding of file-sharing or copyright infringement, and ruled she will only have to pay $200 per song, instead of the $750-30,000 allowed under the Copyright Act, Ars Technica reported.

College Says IP Addresses Can't ID Student P2P Users

Authored by Mark Hefflinger on August 7, 2008 - 10:11am.

Boston - Tufts University is challenging a judge's order that it turn over the identities behind the IP addresses the record industry charges were used for illicit file-sharing on its campus network, arguing that two of the IP addresses could belong to up to 40 different students, Ars Technica reported.

tags: Law | Lawsuits | P2P | Music | RIAA | Copyright | Tufts |

Robertson: Cablevision Ruling Bodes Well for MP3tunes Lawsuit

Authored by Mark Hefflinger on August 6, 2008 - 1:13pm.

San Diego - Michael Robertson, head of music storage locker service MP3tunes -- which is currently the target of a copyright suit from EMI -- said yesterday that a recent court ruling in favor of a similar video service from Cablevision "sets a sturdy legal precedence which MP3tunes can use to battle for the legality of our online music storage service." "The parallels to Cablevision are striking with the primary difference being they're video and we're music. Both are services storing your personal content and playing it back for you," Robertson wrote in a post on his blog. Robertson adds that the pending suit against his company is being heard by the same federal court that delivered the Cablevision ruling.

Accused File-Swapper Challenges Copyright Law Penalties

Authored by Mark Hefflinger on July 29, 2008 - 8:08am.

San Francisco - A Bronx woman sued by the major record labels for file-sharing copyright infringement has taken the novel approach of challenging the constitutionality of the Copyright Act, the law under which she was sued, Wired.com reports.

Canadian Court Shuts Down File-Sharing Site Quebectorrent

Authored by Mark Hefflinger on July 11, 2008 - 10:27am.

Toronto, Canada - A Canadian court in Quebec has served an injunction against file-sharing service Quebectorrent.com, effectively shutting down the site that claimed around 50,000 users, Billboard reports. The Quebec Superior Court took the actions after a lawsuit was filed by a local Quebec trade group representing the music industry.

EMI Settles Ringtone Litigation With InfoSpace

Authored by Mark Hefflinger on July 7, 2008 - 8:40am.

New York - Major label EMI has settled the ringtone royalty lawsuit it filed in January against mobile content distributor InfoSpace, MocoNews reported, citing an InfoSpace regulatory filing.

FTC Settles With BurnLounge Operator Over Pyramid Scheme

Authored by Mark Hefflinger on July 2, 2008 - 8:58am.

Washington - The Federal Trade Commission (FTC) has announced that one of the operators of BurnLounge, a digital music distribution service the agency had determined was actually a pyramid scheme, has settled charges and agreed to give up $20,000 in ill-gotten gains.

EMI Sues Social Network Hi5, VideoEgg Over Music Videos

Authored by Mark Hefflinger on June 30, 2008 - 9:49am.

London - Major record label EMI has filed copyright infringement litigation against online social network Hi5, video site VideoEgg, and ten undisclosed John Doe defendants, TechCrunch reported.

RIAA Ordered to Pay File-Swapper $100K+ in Attorneys' Fees

Authored by Mark Hefflinger on June 27, 2008 - 11:16am.

Portland, Ore. - A federal judge has awarded an Oregon woman $107,834 in attorneys' fees to compensate for her expenses in a file-sharing copyright lawsuit that the record labels eventually dropped. The attorney for exonerated defendant Tanya Andersen had sought nearly $300,000 in attorneys' fees, while lawyers for the Recording Industry Association of America (RIAA) had argued that that amount was excessive, and instead asked the court to award just $30,000 in fees.

Prince Sues Artists Who Contributed to Cover Song Album

Authored by Mark Hefflinger on June 26, 2008 - 12:29pm.

San Francisco - In his latest effort to control use of his music and likeness on the Internet, recording artist Prince has served a lawsuit on the creators of a 81-track cover song tribute compilation -- made in honor of Prince's 50th birthday on June 7 -- and demanded that all copies be destroyed, The Daily Swarm reported, citing the Norwegian daily Dagbladet.

XM Settles Suit With EMI Music Publishing Over Pioneer Inno

Authored by Mark Hefflinger on June 26, 2008 - 12:08pm.

New York - XM Satellite Radio (NASD: XMSR) announced on Thursday that it has settled a lawsuit brought by EMI Music Publishing over the Pioneer Inno, a portable satellite radio with advanced recording features.

RIAA Ups Settlement Costs for Students Battling P2P Subpoenas

Authored by Mark Hefflinger on June 12, 2008 - 9:55am.

Los Angeles - The Recording Industry Association of America (RIAA) has recently begun increasing its settlement amount offers to students who refuse to immediately settle and instead file motions or take the RIAA to court to challenge charges they illegally shared music online, Ars Technica reported.

tags: Law | Lawsuits | P2P | Music | RIAA | Copyright |

London DJ Arrested for Selling Pre-release Albums on eBay

Authored by Mark Hefflinger on June 11, 2008 - 12:42pm.

London - In what is thought will become the first prosecution in the U.K. involving pre-release music, a London-based DJ and music critic has been arrested on suspicion of theft and money laundering in connection with his alleged selling of 150 pre-release albums on eBay, according to a statement from the International Federation of the Phonographic Industry (IFPI), a record label trade group.

China's 5fad Sues Baidu Over Music Copyrights in U.S. Court

Authored by Mark Hefflinger on June 11, 2008 - 10:36am.

Hanhzhou, China - Chinese digital music distributor 5fad.com announced on Wednesday that it has filed a copyright infringement lawsuit against leading Chinese search engine Baidu (NASD: BIDU) in federal court in New York. Baidu has been the target of a number of lawsuits from record labels in its home country of China, but this suit filed by 5fad appears to be the first such action to be accepted for review by a U.S. federal court, in this case the U.S. District Court for the Southern District of New York.

XM Settles Suit with EMI Over Radio with Recording Features

Authored by Mark Hefflinger on June 10, 2008 - 8:27am.

Washington - XM Satellite Radio (NASD: XMSR) said on Tuesday that it has agreed to settle a lawsuit brought against the company by major record label EMI Music over its portable satellite radio with advanced recording features.

tags: Law | Lawsuits | Music | Copyright | Inno | EMI | XM |