For our regular viewers, the headline may give you a sense of de-ja-vu. Well, it’s more than just a weird feeling because, yes, last year, Sony BMG was sued for software piracy and had a property raided by French police. At the time, many people suggested that the raid in France was karma related given that even earlier, there was the Sony Rootkit fiasco where music CDs were released by Sony that destabilized people’s computers.

If it was bad karma, apparently, the company is still in the bad books. According to a report on Daily Tech, Sony BMG had a property raided by Mexican police over an unauthorized CD release.

The story goes that a pop artist by the name of Alejandro Fernández’s had a seven album contract with Sony. The artist had recorded other songs that never made it onto those seven albums. The contract he signed ended in 2008 and the artist got a new contract with Universal. Apparently, Sony found those songs and created an eighth album. Unsurprisingly, Universal was not too happy. Sony defended the creation of the album, saying that the discs were, like, “totally authorized”. They also said that Mexican courts would confirm their rights over the music.

“What Sony did that was wrong and illegal was to assume that they could take those tracks that weren’t part of the previous albums and release them as an eighth album as if it were new material over which they had rights,” says Jose Luis Caballero, Fernández’s attorney in Mexico. “And it’s perfectly clear that the company’s contract is limited to seven albums.”

A Slashdot commenter commented on how one could look at the case and follow the precedent set in the US for music piracy. The user calculated that the damages could be $1,151,460,000 if using the Tenenbaum precedent or $4,094,080,000 using the Thomas precedent.

It’s interesting that both the cases were brought up – particularly when Sony BMG is behind the Tenenbaum lawsuit. Either way, this seems to be the second time Sony shows a hypocritical side to their business when it comes to piracy.

Have a tip? Want to contact the author? You can do so by sending a PM via the forums or via e-mail at drew@zeropaid.com.

The news comes from the Toronto Star where 5 people are being charged for violations of Canada’s copyright act. This is the same copyright act that seems to have been a magnet for scorn from the copyright industry because of, among other things, lack of copyright enforcement even though enforcement is clearly demonstrated here.

All this was happening during a time when the IFPI insisted that in order for free trade talks with Europe to begin, Canada needed to reform their copyright laws. Not only was this happening, but also just days earlier was Canada put on a Special 301 report priority watch list to join the ranks of countries like China which are known to have bootleg vendors everywhere. The move to put Canada on the priority watch list is already seen as a move that could ultimately backfire.

This more recent development could easily put another nail in the coffin on the claims that Canada has extremely bad copyright laws that need “updating” as the copyright industry sees fit.

[Hat tip Michael Geist]

Have a tip? Want to contact the author? You can do so by sending a PM via the forums or via e-mail at drew@zeropaid.com.

The posting on Wired says the following:

during a 20-minute speech in which he took no questions — added that the “the continuing worldwide escalation of counterfeiting and piracy poses a threat to both our economy and public safety.” He said the “mission of the Department of Justice is clear: whether it’s a complex international narcotics ring, a corrupt public official abusing his office, or some scam-artist selling counterfeit software, our job is to enforce the law and bring to justice those who perpetrate these crimes.”

The Department of Justice, the attorney general said, has deployed as many as 230 federal prosecutors around the country as part of its Computer Hacking and Intellectual Property, or CHIP, network. The DOJ has steadily increased the number of IP prosecutions, filing 217 last year, a 33 percent jump in two years, he said.

“We’re devoting more resources and more personnel to IP crime, and we’re sending the important message that we take these crimes seriously, and we will punish the actions of counterfeiters and pirates whenever we can,” he said.

We here at ZeroPaid do understand that terrorism presents a very real and prominent threat to civilized nations around the world. Obviously, any help to prevent the spread of terrorism would be greatly appreciated by the attorney general – particularly when it comes to the theft of intellectual property. This is why we have compiled a short list of well-known pirates – about 3 organizations worth – to help restore general public safety.

1. Business Action to Stop Counterfeiting And Piracy (BASCAP) – It may seem strange that an anti-piracy outfit would be the first place to look, but often, the best place to look is the last place one would think to look. Last year, Gieschen Consultancy thought their intellectual property was safe with the organization. Unfortunately, they thought wrong when the organization was busted for pirating the software in order to conduct anti-piracy operations. Clearly shocked at the revelation, the software company took matters into their own hands and detailed the revelation in a press release (no longer available) that they had to take action to protect their Intellectual Property accordingly. Said Gieschen, “it is both surprising and extraordinary that an organization dedicated to protecting intellectual property would take this action.”

2. The Motion Picture Association of America (MPAA) – While filming a documentary about this well known organization in 2006, Kirby Dick submitted his film, “This Film is Not Yet Rated” to be rated. While it was being rated, it turns out that the organization made illegal copies of the film while defending that the film would be locked up safe in a vault. It’s likely the reason why there was an additional section to the movie was added to highlight the dangers of things like file-sharing lawsuits. In another report:

“The MPAA defines piracy as ‘any single unauthorized duplication of a copyrighted work’,” he chuckles, “so by their own definition they pirated my film.”

3. Sony BMG – In a timely occurrence two days ago, Sony BMG, as reported here on ZeroPaid, was sued for software piracy, not to mention having some of their assets seized. PointDev was behind the raid, already finding the pirated software on four of their servers.

“I think piracy is linked to the policy of a company. If the employee has the necessary funding to buy the software they need, it will. If this is not the case, he will find alternative ways, as the work must be done in one way or another.” said the CEO of PointDev.

Does piracy = terrorism? That may be a question for the attorney general to answer. Obviously, he seems interested in correlating piracy to a threat to public safety. Many have had their financial well-being compromised by RIAA member Sony BMG as well as the anti-piracy actions of the MPAA. Obviously, large sums of money and terrorism could prove to be a dangerous threat. There is large sums of money flowing through these companies/organizations. Of course, it’s important to leave much of this important thinking and planning to the experts of these cases. In the mean time, these actions of piracy do appear to come to light on a seemingly yearly basis at the very least – a potentially disturbing trend indeed.

digg_url = ‘http://digg.com/tech_news/Mukasy_Piracy_Fosters_Terrorism_ZeroPaid_Offers_Pirate_List’;

Apparently people on Ebay have been selling CDs filled with bootleg embroidery patterns, much to the chagrin of the ESPC. Yet, rather than go after the people selling them they’ve decided it’s easier to go after the little old lady who’s buying them.

Using records obtained from both eBay or eBay resellers, the ESPC has gone through the lists and fired off letters to all the “dangerous” Grandmas out there using pirated embroidery designs for their own “selfish” interests.

The letter states:

(This) is a legal notice – and “not an advertisement, solicitation, or a scam” as one might assume — from the Embroidery Software Protection Coalition (ESPC). The ESPC, after an investigation including records recently obtained from eBay or eBay resellers, has determined that the recipient has “purchased and utilized counterfeit and pirated embroidery designs online … and that these pirated copies of embroidery designs are in your possession, all in violation of the Federal Copyright Act.”

…under federal law, civil damages “may be $30,000.00 per design, not per CD. Additionally, the Court has discretion to increase the amount of statutory damages to $150,000.00 for each Copyright violated if the infringement was willful.” After a few more threats, the ESPC allows that the organization is willing to resolve the matter if the recipient will agree to send the ESPC the pirated designs, promise not to buy illegal copies of embroidery designs in the future, and “pay a nominal monetary sum to the ESPC for your past wrongful conduct.”

How are many of these ladies supposed to come up with the $30,000 minimum for each design? Will they go after granny’s monthly Social Security checks?

One apparent senior-citizen evildoer comments:

“Apparently the ESPC is suing the person I bought them from on eBay. I don’t know if she’s guilty of copyright infringement or not, but how can they say I purchased illegal designs if they haven’t even proven the person I bought them from did something wrong? Who makes the ESPC the judge and jury? And the seller’s name is the only trademark or registration that appears on the design screens I see, so how could I be expected to know if they are pirated?”

“The ESPC says they are just following what the music industry has been doing to those who download copyrighted music,” says the buyer of the bird designs. “But I wasn’t sharing or distributing these designs to others. I simply paid for a CD on eBay – nothing popped up and said ‘hey, you’re making an illegal purchase.’ I still don’t know if it was. If a store sells what appears to be brandname purses that are actually knockoffs, would it be OK to go after the unknowing buyers and demand a $300.00 payment from them?”

I guess the whole common sense thing of going after he would sell the bootlegs rather than he who buys them is an afterthought in the minds of the brainiacs over there at the ESPC. Grandmothers put up less of a fight I’m sure, plus I reckon the whole fixed income thing makes it much easier for the lawyers and cuts down on costs.

Also, what’s interesting to note is that the lady’s correct, I thought copyright infringement had to do with distribution not actual possession. Isn’t that why file-shares get charged? The availability of distribution?

“I’m 64 years old, retired due to loss of my job of 25 years after the company downsized, and am now collecting Social Security,” the soon to be granny felon writes. “If you can do anything to help the plight of the aging grannies like me caught up in this mess, we would appreciate it. If not I guess I will give up embroidering completely and bake cookies. Although I suppose there might be a cookie mafia out there somewhere too.”

What I’d like to know too is why eBay is so easily serving up the elderly to the ESPC. Guess they like those who can’t put up much of a fight as well.

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