Engaged in an overwhelming battle against online piracy they are planning to win, the UK government has not been taking the best decisions lately as we already noted in a previous post this week.
After the politicians’ intention to alter the Digital Economy Bill by introducing a regulation that empowered judges to block access to a specific website if suspected to promote copyright infringement caused a wave of public discontentment, the UK government tried to fix things but only managed to come up with yet another outrageous solution. In fact, the “reassessed” proposal announced by politicians may have an even more pronounced negative impact on perfectly legitimate online resources, as Cory Doctorow describes in his write up in The Guardian:
“As our routine media files have increased in size – multi-megapixel images, home videos, audio recordings of meetings and so on – it's become increasingly difficult to use email to share data privately with family, friends and colleagues, because most email servers croak over really big files. For example, the sound editor for my podcasts uses a web locker to send me the mastered audiofiles for my review (and he's not the only audio person who relies on this; many's the time I've had an audiobook publisher send me an MP3 of an audiobook for review through a web locker).
There are plenty of personal uses too: my parents live in Canada and are always hungry for video of their granddaughter, but I don't want to make our home movies available on the public internet, so web lockers save the day for us. And when my immigration attorneys needed a mountain of scanned bank statements sent to their office for my application for permanent residence in the UK, a web locker made it easy to convey an encrypted archive to them. There's no way to square this need for private file sharing with the entertainment industry's demand that all files be placed in the public sphere, where they can be inspected for infringement.”
In addition, Doctorow explains that the restraints put forward by the government aren’t likely to succeed in stopping illegal file sharing anyway. He believes that politicians’ measures will only work in the detriment of legitimate Internet users whose activities depend on such technology, while also placing these people at risk of privacy violations.
Politicians seem to have strayed far from the right track in their effort to stop copyright infringement and are now missing important aspects of the overall picture. They have associated technology with piracy, and are now trying to block the latter indirectly by constraining access to various resources on the Web, whether for legitimate use or not. UK authorities could surely use a change of perspective in their current approach.
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The RIAA looks more determined than ever to profit over people’s mistakes, seizing every opportunity that comes along to drag them through courtrooms. RIAA’s case filed against Joel Tenenbaum stands out as most suggestive of this fact.
Faced with the prospects that Joel Tenenbaum, defendant in the copyright infringement case filed by the RIAA, may be off the hook regarding payment of the demanded $675,000 in damages, the music industry has now turned against a member of Tenenbaum’s legal team, hoping to speculate the lawyer’s legal conduct flaws and use these in its favor.
Because of RIAA’s efforts invested in revealing some of the errors committed by the defendant’s legal team, both Tenenbaum and Harvard Law's Charles Nesson are now liable for part of the fees incurred by the Recording Industry Association throughout the legal proceedings. The RIAA may not have won the big prize, but it definitely aims to walk away with something or at least recover some of the legal expenses.
However, the defending legal team’s maneuver left everyone puzzled out. They left the door open for RIAA to file claims after unexpectedly posting the songs at issue in the trial on the Web, and Nesson posted a public link on his blog, thus allowing anyone to download them. Because Nesson refused to give any reasons for his actions, the record labels filed a "motion to compel" the information.
Attorneys who win a "motion to compel" have the right to request cost reimbursement for that particular motion. The labels managed to convince judge Gertner that these fees should be covered entirely by the defense, which means Tenenbaum and his legal team will have to split the motion’s costs between them.
Nesson, who agreed to represent Tenenbaum in court free of charge, is now close to paying out of his own pocket due to his inexplicable course of action. I hope that the RIAA will stop here; otherwise, Nesson risks stepping in his client’s footsteps and be the next person placed against the wall under the claim of illegal file sharing.
(via ArsTechnica)
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The ongoing pressure exerted by Hollywood has forced Internet media delivery software and services provider RealNetworks to give in and permanently interrupt the distribution of its RealDVD software line.
RealNetworks agreed upon paying the settlement of $4.5 million requested by the parties involved in the lawsuit against the company, which included six Hollywood studios, Viacom and the DVD Copy control association, for the charges to be dropped. The settlement finally puts an end to 17 months of litigation, initiated just one day after RealNetworks introduced the RealDVD line into the market back in 2008. RealNetworks will also have to pay compensations to the 2700 customers who purchased the RealDVD software since its official launch.
Filing of the RealDVD trial case caught everyone by surprise, as the software released by the company rigorously respected existing copy protection and anti-piracy measures. Compared to other similar software options back in the day, RealDVD were considered piracy-proof, as they kept the copy protection software embedded on the disc, and any copies generated from RealDVD were locked onto the hard-disk drive they were stored on. Furthermore, this type of protection rendered conversion of RealDVD content into video formats such as DVI, AVI or MPEG-4 virtually impossible.
The great thing about the copy protection measures implemented by RealNetworks is that they managed to corroborate safety of content with a fair level of user flexibility, which benefited both categories of copyright holders and consumers and could have translated into a significant number of sales.
However, content producers blew their chance at speculating these benefits by clinging on to the idea that RealDVD still involved a level of piracy-related risk. Ironically, Hollywood’s reticence over RealDVD led to the destruction of the very solution that could have saved it in today’s increasingly unsettled market climate.
With RealDVD dead and buried, many different alternatives for DVD copying software (referred to as ripping) have penetrated into the market, neither rising up to the quality of the former RealNetworks software. Hollywood has attempted collaborations with various DVD ripping software developers, like the creators of the freeware DVD Shrink, but failed to achieve the expected results.
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