ZeroPaid.com » cbs

Artists Sue CBS, CNET for Profiting from Distribution of P2P Software

Jared Moya — Wed, 16 Nov 2011 15:45:04 +0000

More than a hundred artists, writers and producers join FilmOn founder Alki David to re-file lawsuit against CBS Interactive and CNET for distributing a "vast array" of P2P programs used "primarily" for copyright infringement, and providing "detailed reviews" that discussed the "suitability" of those programs for infringement as well as instructions for how to use them to infringe.

FilmOn founder Alki David is back at it again, refiling a lawsuit against CBS Interactive and CNET alleging that the two profited from the piracy of copyright music by the artists that have signed on. They allege that "millions and potentially billions of dollars in revenues" have been earned over the years by "fostering and popularizing piracy of copyrighted works." “CBS Interactive has quietly made billions by inducing the public to break the law, by providing them the file-sharing software and step-by-step guides, on exactly how to do it," said Baker Marquart LLP, the law firm representing Alki David and the Justice for Artists Coalition. "No one has held Defendant accountable for this. Until now.” The Justice for Artists Coalition is comprised of over a hundred Artists, writers and producers representing over a thousand copyrighted works. Some of teh artists include PM Dawn, Slick Rick, Ron Brows, Sugar Hill Music, and Luther Campbell. “PM Dawn, Slick Rick, Ron Brows, Sugar Hill Music, Luther Campbell aka Luke Skywalker, Pretty Ricky, Dough E Fresh, H-Town and many others have joined the rapidly growing Coalition, said David. “We have only scratched the surface. Many more rights-holders are coming forward representing tens of thousands of more intellectual properties but the verification process for identifying ownership is long and detailed, so we will keep on adding as we go.” The lawsuit alleges that CBS Interactive and CNET "did more to further this massive infringement than Napster of LimeWire ever could by falsely legitimizing it and popularizing it to the masses." It argues that by having non-infringing licensed software available on the same site as software that is "clearly intended to be downloaded for infringing purposes" they gave users the false impression that the latter was as legitimate as the former. If that wasn't enough, they also provided detailed step-by-step instructions that showed visitors how to setup and use P2P software to ostensibly illegally download copyrighted material. “CBS Interactive is the Pirate Bay of Corporate America, have literally distributed Pirate Bay search and download tools and many others” continued Mr. David. The new lawsuit was refiled after an earlier failed effort that began in earnest last December. David began forming a class action lawsuit against CBS and CNET a month later, and eventually sued this past May. Unfortunately for David it was later amended to just 6 copyrighted works, none of which many had even heard of, and it was soon quietly dropped. With so many artists involved this time around things might be different. Stay tuned. jared@zeropaid.com Read the Complaint

How to Watch TV Online for Free

Jared Moya — Wed, 02 Nov 2011 15:44:00 +0000

A guide for how to watch TV online, both live and recorded, from both basic and premium cable channels, for free.

With consumers facing tighter household budgets these days, pricey subsrctiption cable packages have been among the first things to go. Known as "cord cutting," consumers drop their cable provider and seek out alternative TV viewing options. Among the option are free over-the-air TV, Netflix, iTunes, and physical DVDs. Each has their own drawback, a combination of price and selection. What amny are unaware of, however is that there exists another option: Free online TV streaming. The Internet has made it easier than ever before for people to put content online. When it comes to live sporting events, for example it can be as simple as a guy in Cleveland pointing a webcam at his TV, or as complex as as guy in Paris retransmitting a quality NFL Network signal. TV broadcasts are no longer limited by arbitrary geographical or financial considerations. So where can you watch TV online for free? Here's a list of some of my favorite sites.

TVPC

TVPC is hands down my favorite of the bunch. It has just about every TV channel you can think of, both from here and abroad. Want to watch Danish news? Check. Puerto Rican telenovelas? Check. When it comes down to US programing the selection is unmatched. For starters it has the following: ESPN, Cinemax, Fox News, FX, HBO, History Channel, Showtime, and Fox News. It has a channel guaranteed to suit everybody's tastes. Downside? It's live TV so you can't make up missed shows.

Hulu

Hulu is a free steraming site that has been around for several years now. It contains a healthy mix of free TV shows and movies to watch. You can check out shows like Glee, SNL, The Daily Show, The Office, and Body of Proof. Downside? The selection isn't stunning, and the shows are ad-supported (for $7.99 a month you can upgrade to Hulu Plus and get access to more shows and movies with less ads).

Streamkick

Streamkick is a collection of live streaming TV links. It has links for news channels (Fox, Al Jazeera, Sky News, etc.), movies, business (MSNBC, Bloomberg), entertainment (History Channel), and best of all - local. Downsides? Live TV streaming content, and thin content selection.

TV-Video

TV-Video is of the old video streaming site ilk that links to uploaded videos hosted on third-party sites (usually in China). It bascially has a long list of links to various TV shows that users can watch on-demand. TV-Video has one of the better selections out there, offering episodes from The Walking Dead, Its Always Sunny in Philadelphia, and The Big Bang Theory. Downsides? Registration is required , but it only takes a second.

WiziWig

Now I've already mentioned how you can watch NFL games for free on this site, but many aren't aware that WiziWig also helps facilitate a whole range of other live sporting events. You can watch tennis, football, soccer, golf, hockey, rugby, baseball, cricket, cycling, motorsports (NASCAR), basketball, UFC, volleyball, table tennis, horse racing, and the list goes on and on. Downside? It's sports only and the broadcasts are live, but that is the way sports events hould be right?

ABC, CBS, Fox, NBC

Every major TV broadcaster long ago decided that it needed to compete with people providing its content online for free, putting a healthy mix of new and old TV shows online (ad-supported of course). NBC offers newer shows like Parks and Recreation alongside old school shows like Battlestar Galactica (the original one). CBS offers full episodes of shows like 60 Minutes, The Big Bang Theory, and all the CSIs. ABC has a collection of its hits like Dancing With the Stars, Revenge, Grey's Anatomy, and Modern Family. Fox has some of its hit shows available like House, American Dad, Glee, and Terra Nova to name a few. Downside? They're ad-supported and shows are limited to newer episodes. . . Stay tuned. jared@zeropaid.com

Infringmnet Suit Against CNET, CBS Greatly Reduced

Jared Moya — Wed, 08 Jun 2011 16:15:21 +0000

FilmOn.com founder Alki David had claimed CBS and CNET had profited from illegal file-sharing software, and that it would "become the most significant copyright infringement lawsuit in history."

Things aren't looking good for FilmOn.com founder Alki David and his copyright infringment lawsuit against CBS Interactive Inc. and CNET Networks, Inc.. Early last month he and a coalition of music and film artists alleged in a lawsuit filed in a Los Angeles federal court that CBS and CNET have “direct participation in massive copyright infringement on P2P systems" thorugh their distribution of illegal LimeWire software. Last year District Judge Kimba Wood found that LimeWire had committed copyright infringement, engaged in unfair competition, and induced others to commit copyright infringement. “Illegal file sharing through LimeWire has caused enormous damage to everyone who is trying to make a living in the entertainment community,” said David. ”As more and more artists join this lawsuit, it will become the most significant copyright infringement lawsuit in history." Unfortunately for David that claim won't be coming true. The lawsuit has been pared down to a meager 6 copyrighted works, none of which ought to sound familiar to the general public. They include:

1. Fishtales 2. She a Star 3. Run Da Yard 4. Topless 5. Tipsy In Dis Club 6. Sex Drive

CBS told Wired.com, which reported news of the filing, that it is “confident that we will prevail” in the lawsuit. Even if it doesn't it faces a more modest $900,000 or so in damages, not nearly enough to "become the most significant copyright infringement lawsuit in history." Stay tuned. jared@zeropaid.com

FilmOn Founder Forming Class Action Suit Against CBS, CNET

Jared Moya — Mon, 17 Jan 2011 21:15:02 +0000

Solicits copyright holders who have been harmed by the LimeWire file-sharing software over the years to join in a "class action lawsuit against CNET for distributing the software with malicious intent to infringe," and that they could share in damages that will likely be in the "many billions of dollars."

A few weeks ago I mentioned how FilmOn founder Alki David had accused CNET, a subsidiary of CBS, of distributing “illegal software” that allows users to circumvent DRM technology in violation of the Copyright Act as well as other software that lets users illegally stream and download copyrighted material. The countersuit is in response to claims by CBS and other TV broadcasters that FilmOn illegally retransmits copyrighted programming. David is know pushing forward with that effort in a new video that solicits copyright holders to join in the fray as part of a class action lawsuit with "all legal fees paid." "You are cordially invited," he says,"to join this class action lawsuit against CNET for distributing the [LimeWire] software with malicious intent to infringe your copyright. The damages are in the many billions of dollars and you could be a part of that award." He shows court documents from the LimeWire injunction issued last November that say visitors to CNET's Download.com site downloaded copies of the file-sharing program "more than 152 million times" as proof of the extensive damage its done to copyright holders over the years. "There is nothing illegal about file-sharing software," he adds," but distributing it with the malicious intent to infringe on copyright is." He also includes video clips showing several CNET, and therefore "paid employees of CBS," advocating the use of illegal DRM-circumvention software. From the Copyright Act:

(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that — (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or (C) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.

To be fair we here at ZeroPaid "traffic" in DRM-circumvention tools as well as virtually every kind of P2P software imaginable, but we're also not being hypocrites and suing others for allegedly infringing on our copyrights. CBS seems to want to have it both ways. If you intend to sue people for illegally retransmitting copyrighted programming then why is it okay to offer software that allows users to do just that, even going the extra mile and selling advertising on the download pages? "It's not about being the morality police," he adds in the video. "This is about a fight that CBS picked with me and FilmOn what i was doing was perfectly legitimate. CBS, the leader of the pack, has been relentless in trying to kill FilmOn." Is CBS for piracy only when it comes out ahead? "The hypocrisy CBS displays is extraordinary," says David. I agree. Now it remains to be seen how many copyright holders line up to join David's class action lawsuit, but I don't see why it would be any different from the ones initiated against companies like Real Networks for distributing its RealDVD backup software? Stay tuned. jared@zeropaid.com ___

FilmOn Founder Plans to Sue CBS, CNET for Distributing Piracy Software

Jared Moya — Wed, 29 Dec 2010 17:49:52 +0000

FilmOn founder Alki David charges CNET, a subsidiary of CBS, with the distribution of "illegal software" that allows users to circumvent DRM technology in violation of the Copyright Act as well as other software that lets users illegally stream and download copyrighted material. Countersuit is in response to claims by CBS and other TV broadcasters that FilmOn illegally retransmits copyrighted programming.

Updated 01/02/11 to include quote from FilmOn founder Alki David. In one of the more bizarre twists of copyright infringement lawsuits, FilmOn founder Alki David, accused by CBS of illegally transmitting its TV station broadcasts, said he plans to countersue because its subsidiary, CNET, engages in the "illegal distribution of DRM [digital rights management] removal software as well as the illegal distribution of file sharing software with malicious intent to infringe on copyright." At first glance the lawsuit seems laughable, but David makes a rather convincing argument. "CNET, a subsidiary of CBS Interactive, which is a division of CBS, has for several years now been distributing BitTorrent software online," David says in an online video posted on YouTube last week. "That's right piracy. CBS through its subsidiary CNET has distributed over 1 billion illegal file-sharing softwares [sic] as well as DRM cracking softwares [sic]." FilmOn.com allows subscribers who pay $9.99 a month to access live HD TV feeds online. TV broadcasters claim he's retransmitting copyrighted programming without their consent, and last month successfully convinced a judge to issue a temporary injunction. Although the Copyright Act requires broadcasters to license retransmission broadcasts of their content to cable systems and broadcast satellites, the networks argue that Section 111 of the Copyright Act doesn't apply to streaming internet services. This where David seems to make a rather confusing argument. On the one hand he says that he is a cable system and eligible for a compulsory license, but on the other he says that he is not and therefore his secondary transmission is exempt from the Copyright Act. "Mr. David is clearly not feeling very good about his prospects in the court system. He is hardly an expert on intellectual property rights," CBS said in response to David's YouTube video. "CNET respects such rights, and meanwhile the court has issued a temporary restraining order against Mr. David and his company. We continue to think that the court is the best venue to determine the outcome of this case, one in which unauthorized use of our content has been distributed illegally.” There's no mention of when David plans to countersue, but he does make an interesting counterclaim about CNET, and therefore CBS, engaging in some illegal behavior of its own. For the Copyright Act expressly forbids the distribution of DRM circumvention software and CNET clearly makes this type available on its site, some even boasting high "Editors Rating" marks. From the Copyright Act:

(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that — (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or (C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.

In fact, earlier this year US District Court Judge Marilyn Hall Patel issued a permanent injunction against Real Networks DVD-backup software RealDVD. She declared that RealDVD, in order to make backup copies, would likely violate the Digital Millennium Copyright Act and the Content Scramble System (CSS) license. The MPAA maintains that making even one backupcopy of a DVD is illegal, arguing that the price of a DVD is predicated on the “notion of certain use rights associated with certain price points,” and that it would have to change the price of DVDs (certainly upwards) if people wanted to be able to make copies. The Librarian of Congress at the US Copyright Office has clarified some of the exceptions to this rule, but only laid out allowable purposes for circumventing the Content Scrambling System protecting DVDs, and not the lawful distribution of the software that does so. David also highlights the plethora of software on CNET that allows users to stream and watch copyrighted content in much the same way that FilmOn does, and yet remain accessible to the public. It is an interesting bout of hypocrisy. One has to be either for illegal streaming or against it, especially if you plan on suing people for daring to do the latter, and nice to see David point this out. One can't say that it's illegal to rebroadcast copyrighted programming and then offer software that explicitly allows you to do just that. The counterclaim may not help lift the injunction on FilmOn and prevent it from being shutdown, but at least he's showing the world CBS' double standard when it comes to copyright infringement. I think David's real problem is trying to charge people $9.99 for a streaming service when so many free alternatives exist. Any time you try make a buck by using other people's content without their permission you can rest assured you'll wind up in court. Stay tuned. jared@zeropaid.com ____________ Update: Filmon Founder Alki David told me in an email exchange that my criticism that it unfairly profits from the use of other peoples content is unfounded, that it only began charging users the $9.95 monthly subscription fee AFTER discussions with the TV networks. "When FilmOn got the temp injunction, at the time we were not charging the $9.95," he writes. "We took a decision to not charge till after discussing with the Networks. Who led by CBS have been relentless in trying to top us." The plot thickens indeed.

CBS inks online content distribution deals

Jared Moya — Thu, 12 Apr 2007 21:10:01 +0000

CSI, Survivor, Late Night With David Letterman, news, sports shows, and more will all be offered online.

CBS today agreed to deals with Joost, Microsoft, ComCast, and Time Warner to begin allowing them to provide CBS content online in exchange for a share of all advertising revenue generated.

Some of the other companies involved in the online distribution deal include Brightcove, Veoh, Sling Media, AOL, Netvibes and CNET Networks.

CBS already distributes many of its shows online through Yahoo!, iTunes, and its own Web site.

Viewers will be able to watch shows like crime drama CSI, Survivor, Late Night With David Letterman, news, sports shows, and more with free content supported by advertising revenues which will be split between CBS and its partners.

According to an earlier report in the Wall Street Journal, the broadcaster had wanted to keep 90% of the ad revenues generated by its shows but, details of the exact division are not yet known.

This is big news for CBS as it allows it to further expand the reach of its content, add an additional source of revenue, and also perhaps even cut down on the number of people who grab CBS shows from P2P and file-sharing networks.

It’s also big news for Joost, the still fledgling on-demand online content distribution service from the guys behind KaZaA and Skype. It already worked out a deal with Viacom a few months back to offer content from MTV, Comedy Central, BET, and Paramount Pictures.

Spitzer says CBS radio to pay $2 mln to settle payola charges

Jared Moya — Mon, 23 Oct 2006 14:47:50 +0000

CBS Radio, a unit of CBS Corp (CBS) and NY Attorney General Elliot Spitzer reached a settlement involving the broadcasting of certain songs in return for rewards.

Under terms of the agreement, CBS Radio will make up to a $2 million payment to New York non-profit entities to fund music education and appreciation programs.

CBS Radio also agreed to stop receiving payments and other inducements from record labels in exchange for airplay; to discontinue using independent promoters as a pass-through for securing airplay; to hire a compliance officer to monitor promotion practices; and to implement a system to detect future abuses.

According to Spitzer, certain stations owned by CBS Radio, formerly Infinity Broadcasting, openly solicited illegal financial benefits, expensive vacation packages, gift cards and other valuable items from record labels in exchange for playing the labels’ songs.

Spitzer said his payola investigation resulted in a lawsuit filed last March, against Entercom Communications Corp., (ETM) which was upheld by a judge earlier this week.

Yahoo, CBS in local video news deal

Jared Moya — Mon, 16 Oct 2006 18:20:25 +0000

Local news video from 16 CBS-owned television stations will be available on online portal Yahoo Inc., the companies said on Monday.

The companies will share revenue from advertising from the video clips. The deal was scheduled to begin Tuesday, the companies said.

The deal comes amid booming interest in watching video clips online and follows rival Google Inc.’s deal last week to buy popular online video service YouTube Inc. for $1.65 billion.

The stations owned by CBS Corp. will make about 10 to 20 breaking news clips and features from big markets such as New York, Los Angeles and Chicago available to Yahoo viewers.

YouTube strikes content deals

Jared Moya — Mon, 09 Oct 2006 15:48:40 +0000

YouTube Inc struck deals with CBS and two major music labels Monday as the popular video-sharing Web site races to befriend content providers and avoid copyright-infringement lawsuits.

The separate agreements with CBS, Vivendi’s Universal Music Group and Sony BMG Music Entertainment come less than a month after YouTube reached a deal with Warner Music Group Corp. On Friday, Google Inc. was reported to be in talks to acquire the video site for $1.6 billion.

CBS Corp. said it will provide short-form video content for a CBS “brand channel” on YouTube’s site starting this month. It will include news, sports, Showtime and prime-time programming. Among the offerings CBS said it plans to offer are short clips from top programs including “Survivor,” as well as mini-previews for new fall shows.

YouTube and CBS will share revenue from advertising sponsorships of CBS Videos, CBS said.

CBS wants to buy the next YouTube, not YouTube

Jared Moya — Thu, 14 Sep 2006 17:00:48 +0000

CBS Corp is interested in spotting the next big phenomenon in user-generated programming over the Internet, not buying market leader YouTube, Chief Executive Leslie Moonves said on Thursday.

“It is obviously phenomenally successful,” Moonves said of YouTube. “I doubt we would buy it at this point. Maybe we would look for the next YouTube, the next great idea that’s not spread across the world.”

Moonves also told a gathering of TV executives in London that while CBS is in the market to buy new media ventures, none of the social networking sites is in its sights.

He said Rupert Murdoch’s News Corp (NYSE:NWS – news) has done well with its acquisition of MySpace, but that others have not fared as well, without naming names.