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	<title>ZeroPaid.com &#187; lawsuit</title>
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		<title>Porn Industry Sues the Blind</title>
		<link>http://www.zeropaid.com/news/95188/porn-industry-sues-the-blind/</link>
		<comments>http://www.zeropaid.com/news/95188/porn-industry-sues-the-blind/#comments</comments>
		<pubDate>Wed, 17 Aug 2011 10:37:40 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[Bitorrent News]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[bittorrent]]></category>
		<category><![CDATA[case]]></category>
		<category><![CDATA[court]]></category>
		<category><![CDATA[IP address]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[piracy]]></category>
		<category><![CDATA[porn]]></category>
		<category><![CDATA[us]]></category>
		<category><![CDATA[usa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=95188</guid>
		<description><![CDATA[<p><img width="133" height="200" src="http://www.zeropaid.com/wp-content/uploads/2011/08/Blind_Person_crop-133x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="Blind_Person_crop" title="Blind_Person_crop" /></p><h3>He's one of thousands in the lawsuit campaign against file-sharers, but he seems to be an unlikely candidate.  He's legally blind and too busy with his personal life to secure his WiFi connection.  Unfortunately for him, he's also unable to afford to fight the case and might be forced to settle anyway.</h3>

For years, we here at ZeroPaid have been saying over and over again that an IP address doesn't necessarily connect to a guilty party of any alleged wrong-doing online.  This is for a number of reasons which does include the possibility of WiFi hacking.

It's very likely that was the case in this instance.

According to <a href=http://www.seattleweekly.com/2011-08-10/news/porn-piracy-bittorrent/ target=_blank>Seattle Weekly</a>, a blind man is amongst the thousands targeted in a mass BitTorrent lawsuit because he allegedly downloaded a porn movie.  If you think this is odd that a blind person would be downloading porn movies, the accused would definitely agree.  From the article:

<blockquote>He stood accused of having illegally downloaded a copyrighted film five months earlier, at precisely 6:03 a.m. on the morning of January 27. The name of the Imperial Enterprises movie he purportedly purloined wasn't mentioned until four pages later. Though printed in tiny italic font in a court filing, it practically leapt off the page: Tokyo Cougar Creampies.

Yet when Mrs. Doe set eyes on that ignominious title, she couldn't help but crack a smile at the absurdity of the situation. Her husband is legally blind, with vision roughly 1/100th of that of a person with normal sight. He is physically incapable of watching any film, this particular porno included.

"To be honest, it's a little ridiculous," Doe 2,057 says with a rueful chuckle. "My movie-watching ability is nonexistent. My kids watch movies, but they are 4 and 6, so they don't watch porn either. Well, hopefully they don't."</blockquote>

This is just, yet, another case of how a mass lawsuit campaign can go wrong.  For those that have followed these stories for years, this case might remind them of how the RIAA <a href=http://arstechnica.com/old/content/2005/02/4587.ars target=_blank>sued dead people for copyright infringement</a>.  There might also be the reminder of the case where the RIAA <a href=http://arstechnica.com/old/content/2006/04/6662.ars target=_blank>sued a family that didn't even own a computer</a>.  As long as rights-holders erroneously believe that an IP address always links to the person downloading copyright infringing material, false accusations will always be a running theme of any lawsuit campaign or three strikes law.  Rights holders might as well open up a phone book, point to random people and say, "sue" because that tactic is just as accurate.

Sadly, with the case of the blind person today, he very likely won't have a choice but to settle due to financial constraints.  Going before a judge would cost thousands - and if he lost, hundreds of thousands.

How could this have happened?  The suspicion amongst the accused is WiFi hacking.  They apparently live in a densely populated area.  Being unable to find time to secure their connection, their network was open to hacking.

I think that as long as these lawsuit campaigns continue, we'll keep getting stories like this.  There are rights holders out there that constantly want to sue file-sharers into non-existence, but they often have a habit of not caring who the intended target is in the end.  Sometimes, the target is completely innocent of any wrong doing.  When the target is innocent, it really sends the message that rights holders are simply suing completely random people.

[Via <a href=http://yro.slashdot.org/story/11/08/16/2346248/Anti-Piracy-Lawyers-Accuse-Blind-Man-of-Downloading-Films target=_blank>/.</a>]

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="133" height="200" src="http://www.zeropaid.com/wp-content/uploads/2011/08/Blind_Person_crop-133x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="Blind_Person_crop" title="Blind_Person_crop" /></p><h3>He's one of thousands in the lawsuit campaign against file-sharers, but he seems to be an unlikely candidate.  He's legally blind and too busy with his personal life to secure his WiFi connection.  Unfortunately for him, he's also unable to afford to fight the case and might be forced to settle anyway.</h3>

For years, we here at ZeroPaid have been saying over and over again that an IP address doesn't necessarily connect to a guilty party of any alleged wrong-doing online.  This is for a number of reasons which does include the possibility of WiFi hacking.

It's very likely that was the case in this instance.

According to <a href=http://www.seattleweekly.com/2011-08-10/news/porn-piracy-bittorrent/ target=_blank>Seattle Weekly</a>, a blind man is amongst the thousands targeted in a mass BitTorrent lawsuit because he allegedly downloaded a porn movie.  If you think this is odd that a blind person would be downloading porn movies, the accused would definitely agree.  From the article:

<blockquote>He stood accused of having illegally downloaded a copyrighted film five months earlier, at precisely 6:03 a.m. on the morning of January 27. The name of the Imperial Enterprises movie he purportedly purloined wasn't mentioned until four pages later. Though printed in tiny italic font in a court filing, it practically leapt off the page: Tokyo Cougar Creampies.

Yet when Mrs. Doe set eyes on that ignominious title, she couldn't help but crack a smile at the absurdity of the situation. Her husband is legally blind, with vision roughly 1/100th of that of a person with normal sight. He is physically incapable of watching any film, this particular porno included.

"To be honest, it's a little ridiculous," Doe 2,057 says with a rueful chuckle. "My movie-watching ability is nonexistent. My kids watch movies, but they are 4 and 6, so they don't watch porn either. Well, hopefully they don't."</blockquote>

This is just, yet, another case of how a mass lawsuit campaign can go wrong.  For those that have followed these stories for years, this case might remind them of how the RIAA <a href=http://arstechnica.com/old/content/2005/02/4587.ars target=_blank>sued dead people for copyright infringement</a>.  There might also be the reminder of the case where the RIAA <a href=http://arstechnica.com/old/content/2006/04/6662.ars target=_blank>sued a family that didn't even own a computer</a>.  As long as rights-holders erroneously believe that an IP address always links to the person downloading copyright infringing material, false accusations will always be a running theme of any lawsuit campaign or three strikes law.  Rights holders might as well open up a phone book, point to random people and say, "sue" because that tactic is just as accurate.

Sadly, with the case of the blind person today, he very likely won't have a choice but to settle due to financial constraints.  Going before a judge would cost thousands - and if he lost, hundreds of thousands.

How could this have happened?  The suspicion amongst the accused is WiFi hacking.  They apparently live in a densely populated area.  Being unable to find time to secure their connection, their network was open to hacking.

I think that as long as these lawsuit campaigns continue, we'll keep getting stories like this.  There are rights holders out there that constantly want to sue file-sharers into non-existence, but they often have a habit of not caring who the intended target is in the end.  Sometimes, the target is completely innocent of any wrong doing.  When the target is innocent, it really sends the message that rights holders are simply suing completely random people.

[Via <a href=http://yro.slashdot.org/story/11/08/16/2346248/Anti-Piracy-Lawyers-Accuse-Blind-Man-of-Downloading-Films target=_blank>/.</a>]

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
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		<slash:comments>9</slash:comments>
		</item>
		<item>
		<title>AFACT Accused of Extorting ISPs to Import Three Strikes Law to Australia</title>
		<link>http://www.zeropaid.com/news/94404/afact-accused-of-extorting-isps-to-import-three-strikes-law-to-australia/</link>
		<comments>http://www.zeropaid.com/news/94404/afact-accused-of-extorting-isps-to-import-three-strikes-law-to-australia/#comments</comments>
		<pubDate>Sat, 16 Jul 2011 20:40:28 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[australia]]></category>
		<category><![CDATA[bittorrent]]></category>
		<category><![CDATA[disconnection]]></category>
		<category><![CDATA[free speech]]></category>
		<category><![CDATA[human rights]]></category>
		<category><![CDATA[iiNet]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[politics]]></category>
		<category><![CDATA[three strikes law]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=94404</guid>
		<description><![CDATA[<p><img width="200" height="100" src="http://www.zeropaid.com/wp-content/uploads/2009/08/Australia-Flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="Australia Flag_crop" title="Australia Flag_crop" /></p><h3>Some interesting things coming out of Australia this week.  It seems that AFACT (Australian Federation Against Copyright Theft) is attempting to pressure ISPs into implementing a three strikes law for Australian internet users.  That has the Australian Pirate Party crying foul.</h3>

We turn things to Australia where tension between international corporate entities and Australian ISPs are growing.  Things are not going well for AFACT in the courts and that has left AFACT seeking other options to get ISPs to agree to a three strikes deal.  According to Delimiter, AFACT sent <a href=http://delimiter.com.au/2011/07/08/afact-issues-bittorrent-warning-to-isps/ target=_blank>letters to ISPs</a> demanding that they meet their "obligations".

From that report:

<blockquote>One local ISP to receive the letter was Exetel, which in comparison with other ISPs, already has a number of provisions in its agreement with its customers that are favourable to content owners. For example, the ISP has committed to forwarding any copyright infringement notices received to customers. If three or more such notices are received, or if Exetel “reasonably suspects” that a customer is infringing copyright, and the customer fails to provide a valid defence for their activity, Exetel reserves the right to disconnect customers’ connections.</blockquote>

So, clearly, AFACT is pressuring ISPs to get them to agree to disconnecting users based on mere accusations of copyright infringement.  Judging by this paragraph, it's very likely the three strikes law we have seen in France and seeing in New Zealand to name just two examples.

In a more recent <a href=http://delimiter.com.au/2011/07/13/pirate-party-slams-afacts-isp-extortion/ target=_blank>recent article</a> on Delimiter, it seems that the Pirate Party of Australia has decried what they consider "extortion".

The comments of the Pirate Party of Australia can also be found on their <a href=http://pirateparty.org.au/afact-extortion target=_blank>homepage as well</a>.

"These veiled threats are nothing more than intimidation tactics that once again clearly display the extent that Big Media will go to in their failing attempts to protect their flawed business models. Extortion is a new low even for AFACT." said Acting Secretary, Brendan Molloy.

"It is completely inappropriate to have closed-room discussions even before the iiNet court case has concluded, and even more inappropriate to make veiled threats to begin yet another court case for not attending these 'voluntary talks'."

There's two possibilities as to why this is happening now.  The first possibility is that the court case is not going well at all for AFACT.  Sweating over the outcome, AFACT may be trying to use new tactics to make sure they don't get a judgement they don't want.  If both sides agree to AFACTs demands, there probably wouldn't be much of a reason to continue on with court proceedings.

The other possibility is that AFACT got some inspiration from the US's new agreed upon '6 strike' regime which we did <a href=http://www.zeropaid.com/news/94265/assessing-americas-6-strike-regime/ target=_blank>discuss at length</a> before.  It's entirely possible that AFACT has taken some insight in to the backroom deal going on between ISPs and the copyright industry in the US and imported them to Australia, hoping that they will get a similar outcome.

Regardless of how we got to this point in Australia, there doesn't seem to be any effort to address existing problems seen everywhere else.  A three strikes regime still <a href=http://www.zeropaid.com/news/94284/osce-three-strikes-laws-incompatible-with-international-obligations-to-free-speech/ target=_blank>violates international obligations to free speech</a>, it is still <a href=http://www.zeropaid.com/news/9535/study_bittorrent_users_prone_to_false_copyright_infringement_claims/ target=_blank>a fundamentally flawed method of identifying the correct person</a> and it is still a bad idea both politically and on the public relations front.

Ironically, I see this certainly helping the Pirate Party even if this isn't something being codified in to law because a number of people will see how corporate interests are circumventing government to effectively put laws in place that stifles their freedom.  So, this can all very well be made in to a political issue anyway whether or not politicians want to touch this with a ten foot barge pole.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="100" src="http://www.zeropaid.com/wp-content/uploads/2009/08/Australia-Flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="Australia Flag_crop" title="Australia Flag_crop" /></p><h3>Some interesting things coming out of Australia this week.  It seems that AFACT (Australian Federation Against Copyright Theft) is attempting to pressure ISPs into implementing a three strikes law for Australian internet users.  That has the Australian Pirate Party crying foul.</h3>

We turn things to Australia where tension between international corporate entities and Australian ISPs are growing.  Things are not going well for AFACT in the courts and that has left AFACT seeking other options to get ISPs to agree to a three strikes deal.  According to Delimiter, AFACT sent <a href=http://delimiter.com.au/2011/07/08/afact-issues-bittorrent-warning-to-isps/ target=_blank>letters to ISPs</a> demanding that they meet their "obligations".

From that report:

<blockquote>One local ISP to receive the letter was Exetel, which in comparison with other ISPs, already has a number of provisions in its agreement with its customers that are favourable to content owners. For example, the ISP has committed to forwarding any copyright infringement notices received to customers. If three or more such notices are received, or if Exetel “reasonably suspects” that a customer is infringing copyright, and the customer fails to provide a valid defence for their activity, Exetel reserves the right to disconnect customers’ connections.</blockquote>

So, clearly, AFACT is pressuring ISPs to get them to agree to disconnecting users based on mere accusations of copyright infringement.  Judging by this paragraph, it's very likely the three strikes law we have seen in France and seeing in New Zealand to name just two examples.

In a more recent <a href=http://delimiter.com.au/2011/07/13/pirate-party-slams-afacts-isp-extortion/ target=_blank>recent article</a> on Delimiter, it seems that the Pirate Party of Australia has decried what they consider "extortion".

The comments of the Pirate Party of Australia can also be found on their <a href=http://pirateparty.org.au/afact-extortion target=_blank>homepage as well</a>.

"These veiled threats are nothing more than intimidation tactics that once again clearly display the extent that Big Media will go to in their failing attempts to protect their flawed business models. Extortion is a new low even for AFACT." said Acting Secretary, Brendan Molloy.

"It is completely inappropriate to have closed-room discussions even before the iiNet court case has concluded, and even more inappropriate to make veiled threats to begin yet another court case for not attending these 'voluntary talks'."

There's two possibilities as to why this is happening now.  The first possibility is that the court case is not going well at all for AFACT.  Sweating over the outcome, AFACT may be trying to use new tactics to make sure they don't get a judgement they don't want.  If both sides agree to AFACTs demands, there probably wouldn't be much of a reason to continue on with court proceedings.

The other possibility is that AFACT got some inspiration from the US's new agreed upon '6 strike' regime which we did <a href=http://www.zeropaid.com/news/94265/assessing-americas-6-strike-regime/ target=_blank>discuss at length</a> before.  It's entirely possible that AFACT has taken some insight in to the backroom deal going on between ISPs and the copyright industry in the US and imported them to Australia, hoping that they will get a similar outcome.

Regardless of how we got to this point in Australia, there doesn't seem to be any effort to address existing problems seen everywhere else.  A three strikes regime still <a href=http://www.zeropaid.com/news/94284/osce-three-strikes-laws-incompatible-with-international-obligations-to-free-speech/ target=_blank>violates international obligations to free speech</a>, it is still <a href=http://www.zeropaid.com/news/9535/study_bittorrent_users_prone_to_false_copyright_infringement_claims/ target=_blank>a fundamentally flawed method of identifying the correct person</a> and it is still a bad idea both politically and on the public relations front.

Ironically, I see this certainly helping the Pirate Party even if this isn't something being codified in to law because a number of people will see how corporate interests are circumventing government to effectively put laws in place that stifles their freedom.  So, this can all very well be made in to a political issue anyway whether or not politicians want to touch this with a ten foot barge pole.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
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		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>PSN Outage: Day 9.5 &#8211; Sony Hit With Second Class Action Lawsuit</title>
		<link>http://www.zeropaid.com/news/93295/psn-outage-day-9-5-sony-hit-with-second-class-action-lawsuit/</link>
		<comments>http://www.zeropaid.com/news/93295/psn-outage-day-9-5-sony-hit-with-second-class-action-lawsuit/#comments</comments>
		<pubDate>Sat, 30 Apr 2011 00:57:03 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[encryption]]></category>
		<category><![CDATA[Game]]></category>
		<category><![CDATA[games]]></category>
		<category><![CDATA[gaming]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[Los Angeles]]></category>
		<category><![CDATA[privacy]]></category>
		<category><![CDATA[PSN]]></category>
		<category><![CDATA[sony]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93295</guid>
		<description><![CDATA[<p><img width="130" height="200" src="http://www.zeropaid.com/wp-content/uploads/2009/10/GAVEL_COURT.JPG" class="attachment-post-thumbnail wp-post-image" alt="GAVEL_COURT" title="GAVEL_COURT" /></p><h3>It was only two days ago that we <a href=http://www.zeropaid.com/news/93265/psn-outage-day-7-5-sony-hit-with-first-class-action-lawsuit/ target=_blank>learned of the first class action lawsuit</a> against Sony in the wake of the PSN outage.  Now, two days later, we are learning of a second class action lawsuit filed against Sony.  This time, this was filed in a Los Angeles court.</h3>

Did Sony encrypt users credit card credentials?  Is there no evidence to suggest that users credit card information is in the wrong hands?  Are the reports of stolen money and stolen credit cards for real?  Was the encryption strong enough?  Sony says that the data was encrypted and that there is no evidence to suggest that the credit cards are in the wrong hands while troubling news has already surfaced that <a href=http://www.zeropaid.com/news/93292/psn-outage-day-9-sony-threatened-with-fines-as-world-govt-involvement-increases/ target=_blank>consumers are already losing money</a> and even one unverified source saying that 2.2 million credit card credentials from the data leak is already being sold in shady black markets somewhere online.  That aspect of the story has been murky for quite some time now, but a second person has decided that a class action lawsuit against Sony is the course of action.

Just two days ago, the first lawsuit against Sony was <a href=http://www.zeropaid.com/news/93265/psn-outage-day-7-5-sony-hit-with-first-class-action-lawsuit/ target=_blank>filed in a California court</a> accusing Sony of a number of things including being too slow to notify customers of potential data loss, negligence and a whole lot more.  While it is unclear how far the lawsuit will go, especially in the wake of a <a href=http://www.zeropaid.com/news/93276/does-a-supreme-court-ruling-kill-the-psn-class-action-lawsuit/ target=_blank>recent Supreme Court ruling that made class action lawsuits more difficult to file</a>, that isn't stopping a second class action lawsuit against the company.

Citing the Wall Street Journal, <a href=http://www.myfoxny.com/dpps/your_money/sony-sued-over-playstation-breach-dpgonc-20110429-fc_12981668 target=_blank>Fox</a> is reporting that an additional lawsuit was filed in a Los Angeles court recently.  From the report:

<blockquote>The data breach also prompted the filing of a lawsuit in federal court in Los Angeles on Wednesday, alleging Sony was negligent in allowing the theft of its members' personal data.

"Sony broke its contract and violated its customers' trust," said Caleb Marker, an attorney representing plaintiffs in the Los Angeles lawsuit, which is also seeking class action status.</blockquote>

All of this is already in the midst of Sony <a href=http://www.zeropaid.com/news/93274/psn-outage-day-8-governments-get-involved-over-data-breach-fears/ target=_blank>facing tough questions</a> from <a href=http://www.zeropaid.com/news/93292/psn-outage-day-9-sony-threatened-with-fines-as-world-govt-involvement-increases/ target=_blank>governments all around the world</a> over its handling of the data breach.  The question is, how much damage has this done to the company so far?

A Reuters article on Wednesday <a href=http://www.reuters.com/article/2011/04/28/us-sony-stock-idUSTRE73R0A420110428 target=_blank>says</a> that the stocks plummeted by 5%.  There are some who have been trying to pin a number to how much financial damage this will do to the company and Reuters suggests that it could cost the company $1.5 Billion.  Has the shares plummeted since then?  A quick look at <a href=http://www.google.ca/finance?client=ob&q=NYSE:SNE target=_blank>Google Finance</a> would suggest that the stock value has fallen even further, slipping from around the 29 point mark all the way down to 28.31 mark as of this writing.  Hard to say if it's entirely due to the data leak or if it's a part of a mix of a host of reasons why the stock values went down, but it's hard to say it had nothing to do with the data leak.

Perhaps another key question is, is consumer trust going to be negatively impacted by this data breach?  Certainly, there are no shortage of comments that say that they will avoid Sony products in the future already, but there are others who probably just want the network to be back online so they can keep playing their games on the PSN network.  So, ultimately, it will be very interesting to see how many people stay connected to the PSN network after the network is back up and running or if the pool of players will dramatically shrink on that network.

Does this data breach change your perception of Sony?

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="130" height="200" src="http://www.zeropaid.com/wp-content/uploads/2009/10/GAVEL_COURT.JPG" class="attachment-post-thumbnail wp-post-image" alt="GAVEL_COURT" title="GAVEL_COURT" /></p><h3>It was only two days ago that we <a href=http://www.zeropaid.com/news/93265/psn-outage-day-7-5-sony-hit-with-first-class-action-lawsuit/ target=_blank>learned of the first class action lawsuit</a> against Sony in the wake of the PSN outage.  Now, two days later, we are learning of a second class action lawsuit filed against Sony.  This time, this was filed in a Los Angeles court.</h3>

Did Sony encrypt users credit card credentials?  Is there no evidence to suggest that users credit card information is in the wrong hands?  Are the reports of stolen money and stolen credit cards for real?  Was the encryption strong enough?  Sony says that the data was encrypted and that there is no evidence to suggest that the credit cards are in the wrong hands while troubling news has already surfaced that <a href=http://www.zeropaid.com/news/93292/psn-outage-day-9-sony-threatened-with-fines-as-world-govt-involvement-increases/ target=_blank>consumers are already losing money</a> and even one unverified source saying that 2.2 million credit card credentials from the data leak is already being sold in shady black markets somewhere online.  That aspect of the story has been murky for quite some time now, but a second person has decided that a class action lawsuit against Sony is the course of action.

Just two days ago, the first lawsuit against Sony was <a href=http://www.zeropaid.com/news/93265/psn-outage-day-7-5-sony-hit-with-first-class-action-lawsuit/ target=_blank>filed in a California court</a> accusing Sony of a number of things including being too slow to notify customers of potential data loss, negligence and a whole lot more.  While it is unclear how far the lawsuit will go, especially in the wake of a <a href=http://www.zeropaid.com/news/93276/does-a-supreme-court-ruling-kill-the-psn-class-action-lawsuit/ target=_blank>recent Supreme Court ruling that made class action lawsuits more difficult to file</a>, that isn't stopping a second class action lawsuit against the company.

Citing the Wall Street Journal, <a href=http://www.myfoxny.com/dpps/your_money/sony-sued-over-playstation-breach-dpgonc-20110429-fc_12981668 target=_blank>Fox</a> is reporting that an additional lawsuit was filed in a Los Angeles court recently.  From the report:

<blockquote>The data breach also prompted the filing of a lawsuit in federal court in Los Angeles on Wednesday, alleging Sony was negligent in allowing the theft of its members' personal data.

"Sony broke its contract and violated its customers' trust," said Caleb Marker, an attorney representing plaintiffs in the Los Angeles lawsuit, which is also seeking class action status.</blockquote>

All of this is already in the midst of Sony <a href=http://www.zeropaid.com/news/93274/psn-outage-day-8-governments-get-involved-over-data-breach-fears/ target=_blank>facing tough questions</a> from <a href=http://www.zeropaid.com/news/93292/psn-outage-day-9-sony-threatened-with-fines-as-world-govt-involvement-increases/ target=_blank>governments all around the world</a> over its handling of the data breach.  The question is, how much damage has this done to the company so far?

A Reuters article on Wednesday <a href=http://www.reuters.com/article/2011/04/28/us-sony-stock-idUSTRE73R0A420110428 target=_blank>says</a> that the stocks plummeted by 5%.  There are some who have been trying to pin a number to how much financial damage this will do to the company and Reuters suggests that it could cost the company $1.5 Billion.  Has the shares plummeted since then?  A quick look at <a href=http://www.google.ca/finance?client=ob&q=NYSE:SNE target=_blank>Google Finance</a> would suggest that the stock value has fallen even further, slipping from around the 29 point mark all the way down to 28.31 mark as of this writing.  Hard to say if it's entirely due to the data leak or if it's a part of a mix of a host of reasons why the stock values went down, but it's hard to say it had nothing to do with the data leak.

Perhaps another key question is, is consumer trust going to be negatively impacted by this data breach?  Certainly, there are no shortage of comments that say that they will avoid Sony products in the future already, but there are others who probably just want the network to be back online so they can keep playing their games on the PSN network.  So, ultimately, it will be very interesting to see how many people stay connected to the PSN network after the network is back up and running or if the pool of players will dramatically shrink on that network.

Does this data breach change your perception of Sony?

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/93295/psn-outage-day-9-5-sony-hit-with-second-class-action-lawsuit/feed/</wfw:commentRss>
		<slash:comments>85</slash:comments>
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		<item>
		<title>Does a Supreme Court Ruling Kill the PSN Class Action Lawsuit?</title>
		<link>http://www.zeropaid.com/news/93276/does-a-supreme-court-ruling-kill-the-psn-class-action-lawsuit/</link>
		<comments>http://www.zeropaid.com/news/93276/does-a-supreme-court-ruling-kill-the-psn-class-action-lawsuit/#comments</comments>
		<pubDate>Thu, 28 Apr 2011 23:05:23 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[class action]]></category>
		<category><![CDATA[contract]]></category>
		<category><![CDATA[contract law]]></category>
		<category><![CDATA[contracts]]></category>
		<category><![CDATA[court]]></category>
		<category><![CDATA[justice]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[SCOTUS]]></category>
		<category><![CDATA[sony]]></category>
		<category><![CDATA[us]]></category>
		<category><![CDATA[usa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93276</guid>
		<description><![CDATA[<p><img width="200" height="181" src="http://www.zeropaid.com/wp-content/uploads/2011/04/scales-justice_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="scales-justice_crop" title="scales-justice_crop" /></p><h3>The major PSN outage that saw 70-77 million users data compromised certainly was looking to be one of Sony's more expensive messes.  With governments expressing concern over users identities and a lawsuit already filed against the company, it looked like certain disaster until a recent supreme court ruling was made in a separate case.</h3>

We've been following the developments of the PSN (PlayStation Network) outage very closely for the last few days and a new development might hamper the recent <a href=http://www.zeropaid.com/news/93265/psn-outage-day-7-5-sony-hit-with-first-class-action-lawsuit/ target=_blank>class action lawsuit against Sony</a> over the massive data loss.

This point was made by an eagle-eyed blogger at <a href=http://jailbreakscene.com/main/2011/04/lawsuit-filed-against-sony-for-psn-security-breach/#more-5343 target=_blank>Jailbreak Scene</a> who pointed to an article in the <a href=http://www.latimes.com/business/sc-dc-0428-court-class-action-web-20110427,0,1239412.story target=_blank>LA Times</a>.  The article details a class action lawsuit brought against a phone company by a Southern California couple.  They complained about an additional $30 fee tacked on to the price of a cellphone purchase.  The case made it to the Supreme Court where the defendant argued that the contract they signed when they used the service prevented class action lawsuits.  Ultimately, the question was, can a corporation create a contract that stopped end-users from filing class action lawsuits?

It's not hard to see how many wide-ranging consequences such a ruling could bring.  It turns out, the Supreme court ruled 5-4 in favour of the corporations saying that, yes, corporations can contract away any chance a consumer has to form a class-action lawsuit.  Justice Antonin Scalia said, "Arbitration is poorly suited to the higher stakes of class litigation"

The LATimes noted a dissenting judge:

<blockquote>But the dissenters said a practical ban on class action would be unfair to cheated consumers. Justice Stephen G. Breyer said the California courts had insisted on permitting class-action claims, despite arbitration clauses that forbade them. Otherwise, he said, it would allow a company to "insulate" itself "from liability for its own frauds by deliberately cheating large numbers of consumers out of individually small sums of money."

Breyer added that a ban on class actions would prevent lawyers from representing clients for small claims. "What rational lawyer would have signed on to represent the Concepcions in litigation for the possibility of fees stemming from a $30.22 claim?" he wrote. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined his dissent.</blockquote>

A writer for the Huffington Post <a href=http://www.huffingtonpost.com/david-arkush/us-supreme-court-to-major_b_854714.html target=_blank>was not happy with the ruling</a>:

<blockquote>The case's potential impact is breathtaking. Corporations can now prevent consumers and small business owners from exercising what is often their only real option for challenging companies that defraud them by millions or even billions of dollars: banding together to file class action lawsuits. The case could be equally devastating to millions of non-union employees, who need class actions to challenge systemic discrimination by their employers. The Supreme Court has given major corporations the green light to engage in nearly limitless wrongdoing against others, so long as they do it in relatively small dollar amounts, which ensures that no one can afford to challenge the misconduct without a class action.

A sudden demise of class actions will shock the markets and the legal system. It will dramatically increase the market power of major corporations over ordinary Americans and small business owners, who are already outmatched. Innumerable laws that protect the public will become irrelevant because few people can enforce them.

Yet for all these far-reaching implications, AT&T's achievement is remarkably ordinary. The company has secured a state of lawlessness similar to the one that allowed banks to foreclose on millions of homeowners without showing evidence that they had the right to do so. It has achieved a deregulatory regime similar to those that tanked the economy and destroyed millions of jobs, devastated the Gulf of Mexico with oil, allow thousands of preventable workplace deaths every year and threaten untold upheaval through climate change. Like the big banks, the oil and coal companies and the mine operators, AT&T simply wants to write its own rules. It's doing just that, through a practice that has become so ordinary we hardly notice the absurdity and injustice anymore: writing one-sided contracts and imposing them on others.</blockquote>

So, does this undermine the lawsuit against Sony?  It might depend on two points, first, how the lawsuit is worded and second, does Sony have an anti-lawsuit clause in their PSN network contract?

It's entirely plausible that AT&T may have given Sony an out in all of this.  If Sony can somehow figure out how to bridge the ruling over to their legal case, it could be all over for those who are suing Sony.  The other thing to remember is that even if any repercussions that are heading in Sony's direction end in stunning defeat, it's a big world out there beyond the US borders.  Other countries have different privacy and data breach laws, so Sony wouldn't be out of the woods if they are immune to litigation in the US.

Do you think consumers should have a right to sue if they've been wronged by a corporation?

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="181" src="http://www.zeropaid.com/wp-content/uploads/2011/04/scales-justice_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="scales-justice_crop" title="scales-justice_crop" /></p><h3>The major PSN outage that saw 70-77 million users data compromised certainly was looking to be one of Sony's more expensive messes.  With governments expressing concern over users identities and a lawsuit already filed against the company, it looked like certain disaster until a recent supreme court ruling was made in a separate case.</h3>

We've been following the developments of the PSN (PlayStation Network) outage very closely for the last few days and a new development might hamper the recent <a href=http://www.zeropaid.com/news/93265/psn-outage-day-7-5-sony-hit-with-first-class-action-lawsuit/ target=_blank>class action lawsuit against Sony</a> over the massive data loss.

This point was made by an eagle-eyed blogger at <a href=http://jailbreakscene.com/main/2011/04/lawsuit-filed-against-sony-for-psn-security-breach/#more-5343 target=_blank>Jailbreak Scene</a> who pointed to an article in the <a href=http://www.latimes.com/business/sc-dc-0428-court-class-action-web-20110427,0,1239412.story target=_blank>LA Times</a>.  The article details a class action lawsuit brought against a phone company by a Southern California couple.  They complained about an additional $30 fee tacked on to the price of a cellphone purchase.  The case made it to the Supreme Court where the defendant argued that the contract they signed when they used the service prevented class action lawsuits.  Ultimately, the question was, can a corporation create a contract that stopped end-users from filing class action lawsuits?

It's not hard to see how many wide-ranging consequences such a ruling could bring.  It turns out, the Supreme court ruled 5-4 in favour of the corporations saying that, yes, corporations can contract away any chance a consumer has to form a class-action lawsuit.  Justice Antonin Scalia said, "Arbitration is poorly suited to the higher stakes of class litigation"

The LATimes noted a dissenting judge:

<blockquote>But the dissenters said a practical ban on class action would be unfair to cheated consumers. Justice Stephen G. Breyer said the California courts had insisted on permitting class-action claims, despite arbitration clauses that forbade them. Otherwise, he said, it would allow a company to "insulate" itself "from liability for its own frauds by deliberately cheating large numbers of consumers out of individually small sums of money."

Breyer added that a ban on class actions would prevent lawyers from representing clients for small claims. "What rational lawyer would have signed on to represent the Concepcions in litigation for the possibility of fees stemming from a $30.22 claim?" he wrote. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined his dissent.</blockquote>

A writer for the Huffington Post <a href=http://www.huffingtonpost.com/david-arkush/us-supreme-court-to-major_b_854714.html target=_blank>was not happy with the ruling</a>:

<blockquote>The case's potential impact is breathtaking. Corporations can now prevent consumers and small business owners from exercising what is often their only real option for challenging companies that defraud them by millions or even billions of dollars: banding together to file class action lawsuits. The case could be equally devastating to millions of non-union employees, who need class actions to challenge systemic discrimination by their employers. The Supreme Court has given major corporations the green light to engage in nearly limitless wrongdoing against others, so long as they do it in relatively small dollar amounts, which ensures that no one can afford to challenge the misconduct without a class action.

A sudden demise of class actions will shock the markets and the legal system. It will dramatically increase the market power of major corporations over ordinary Americans and small business owners, who are already outmatched. Innumerable laws that protect the public will become irrelevant because few people can enforce them.

Yet for all these far-reaching implications, AT&T's achievement is remarkably ordinary. The company has secured a state of lawlessness similar to the one that allowed banks to foreclose on millions of homeowners without showing evidence that they had the right to do so. It has achieved a deregulatory regime similar to those that tanked the economy and destroyed millions of jobs, devastated the Gulf of Mexico with oil, allow thousands of preventable workplace deaths every year and threaten untold upheaval through climate change. Like the big banks, the oil and coal companies and the mine operators, AT&T simply wants to write its own rules. It's doing just that, through a practice that has become so ordinary we hardly notice the absurdity and injustice anymore: writing one-sided contracts and imposing them on others.</blockquote>

So, does this undermine the lawsuit against Sony?  It might depend on two points, first, how the lawsuit is worded and second, does Sony have an anti-lawsuit clause in their PSN network contract?

It's entirely plausible that AT&T may have given Sony an out in all of this.  If Sony can somehow figure out how to bridge the ruling over to their legal case, it could be all over for those who are suing Sony.  The other thing to remember is that even if any repercussions that are heading in Sony's direction end in stunning defeat, it's a big world out there beyond the US borders.  Other countries have different privacy and data breach laws, so Sony wouldn't be out of the woods if they are immune to litigation in the US.

Do you think consumers should have a right to sue if they've been wronged by a corporation?

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
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		<slash:comments>43</slash:comments>
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		<item>
		<title>PSN Outage: Day 7.5 &#8211; Sony Hit with First Class Action Lawsuit</title>
		<link>http://www.zeropaid.com/news/93265/psn-outage-day-7-5-sony-hit-with-first-class-action-lawsuit/</link>
		<comments>http://www.zeropaid.com/news/93265/psn-outage-day-7-5-sony-hit-with-first-class-action-lawsuit/#comments</comments>
		<pubDate>Wed, 27 Apr 2011 23:37:39 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[accounts]]></category>
		<category><![CDATA[court]]></category>
		<category><![CDATA[credit card]]></category>
		<category><![CDATA[identity theft]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[litigation]]></category>
		<category><![CDATA[playstation]]></category>
		<category><![CDATA[privacy]]></category>
		<category><![CDATA[PSN]]></category>
		<category><![CDATA[sony]]></category>
		<category><![CDATA[us]]></category>
		<category><![CDATA[usa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93265</guid>
		<description><![CDATA[<p><img width="198" height="200" src="http://www.zeropaid.com/wp-content/uploads/2011/04/Playstation-Network_crop-198x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="Playstation Network_crop" title="Playstation Network_crop" /></p><h3>For those who have been watching the PlayStation Network (PSN) outage story, it was likely only a matter of time before someone would be resorting to litigation.  Well, it's finally happened in a Northern District of California.</h3>

It's the Easter Sony would likely rather forget, but the PSN outage story has just gotten worse for the company.  Kristopher Johns has the distinct honour of being the first person to file a class action lawsuit against Sony.  Earlier today, we <a href=http://www.zeropaid.com/news/93263/psn-outage-day-7-7-million-users-now-on-fraud-alert/ target=_blank>reported</a> that over 70 million (some sources say that the number is more likely to be 77 million) users probably had their accounts compromised by the "<a href=http://www.zeropaid.com/news/93227/playstation-network-outage-day-5-no-end-in-sight/ target=_blank>external intrusion</a>".  While some were initially blaming Anonymous for the hack, news also surfaced that it was <a href=http://www.zeropaid.com/news/93249/psn-outage-day-6-custom-firmware-rebug-to-blame/ target=_blank>more likely a custom firmware</a> that caused the issue.

While some might think this is some person suing merely because the information he had on the network was compromised, <a href=http://www.informationweek.com/news/security/attacks/229402362 target=_blank>Information Week</a> reports that the lawsuit is much more in-depth then that:

<blockquote>The lawsuit alleges that Sony "failed to encrypt data and establish adequate firewalls to handle a server intrusion contingency, failed to provide prompt and adequate warnings of security breaches, and unreasonably delayed in bringing the PSN service back on line." It also accused Sony of violating the Payment Card Industry (PCI) security standard, which prohibits companies from storing cardholder data. </blockquote>

Some of this does go along with earlier speculation that Sony didn't encrypt critical data such as customer credit card credentials, though this wasn't exactly confirmed.

It's not clear if other lawsuits will find their way through the courts as a result of this, but it wouldn't surprise me if other forms of litigation will surface.  What damages are being sought isn't really clear at this time.

Do you think such litigation has merit?

<strong>Update:</strong>: Lawsuit is available via <a href=http://www.scribd.com/doc/54070618/JohnsvSony-Complaint-FINAL target=_blank>Scribd</a>

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="198" height="200" src="http://www.zeropaid.com/wp-content/uploads/2011/04/Playstation-Network_crop-198x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="Playstation Network_crop" title="Playstation Network_crop" /></p><h3>For those who have been watching the PlayStation Network (PSN) outage story, it was likely only a matter of time before someone would be resorting to litigation.  Well, it's finally happened in a Northern District of California.</h3>

It's the Easter Sony would likely rather forget, but the PSN outage story has just gotten worse for the company.  Kristopher Johns has the distinct honour of being the first person to file a class action lawsuit against Sony.  Earlier today, we <a href=http://www.zeropaid.com/news/93263/psn-outage-day-7-7-million-users-now-on-fraud-alert/ target=_blank>reported</a> that over 70 million (some sources say that the number is more likely to be 77 million) users probably had their accounts compromised by the "<a href=http://www.zeropaid.com/news/93227/playstation-network-outage-day-5-no-end-in-sight/ target=_blank>external intrusion</a>".  While some were initially blaming Anonymous for the hack, news also surfaced that it was <a href=http://www.zeropaid.com/news/93249/psn-outage-day-6-custom-firmware-rebug-to-blame/ target=_blank>more likely a custom firmware</a> that caused the issue.

While some might think this is some person suing merely because the information he had on the network was compromised, <a href=http://www.informationweek.com/news/security/attacks/229402362 target=_blank>Information Week</a> reports that the lawsuit is much more in-depth then that:

<blockquote>The lawsuit alleges that Sony "failed to encrypt data and establish adequate firewalls to handle a server intrusion contingency, failed to provide prompt and adequate warnings of security breaches, and unreasonably delayed in bringing the PSN service back on line." It also accused Sony of violating the Payment Card Industry (PCI) security standard, which prohibits companies from storing cardholder data. </blockquote>

Some of this does go along with earlier speculation that Sony didn't encrypt critical data such as customer credit card credentials, though this wasn't exactly confirmed.

It's not clear if other lawsuits will find their way through the courts as a result of this, but it wouldn't surprise me if other forms of litigation will surface.  What damages are being sought isn't really clear at this time.

Do you think such litigation has merit?

<strong>Update:</strong>: Lawsuit is available via <a href=http://www.scribd.com/doc/54070618/JohnsvSony-Complaint-FINAL target=_blank>Scribd</a>

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
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		<slash:comments>29</slash:comments>
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		<title>Rights Holder Uses Non-Existent Law to Enforce Copyright</title>
		<link>http://www.zeropaid.com/news/93209/rights-holder-uses-non-existent-law-to-enforce-copyright/</link>
		<comments>http://www.zeropaid.com/news/93209/rights-holder-uses-non-existent-law-to-enforce-copyright/#comments</comments>
		<pubDate>Sat, 23 Apr 2011 08:00:43 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[article]]></category>
		<category><![CDATA[censorship]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[copyright troll]]></category>
		<category><![CDATA[domain]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[news]]></category>
		<category><![CDATA[righthaven]]></category>
		<category><![CDATA[us]]></category>
		<category><![CDATA[usa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93209</guid>
		<description><![CDATA[<p><img width="149" height="200" src="http://www.zeropaid.com/wp-content/uploads/2010/06/3d_copyright_crop-149x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="3d_copyright_crop" title="3d_copyright_crop" /></p><h3>You'd think that someone who uses the law to enforce copyright would know the laws, at least, reasonably well, before they go threatening people with legal action.  Apparently, in one legal threat, one rights holder opted to cite a law in court documents that doesn't even exist.</h3>

There's been a lot of legally questionable legal threats over the years in the world of copyright.  Sometimes, rights holders use American law to threaten people in other countries.  Other times, people are threatened with vague references to the law.  In this case, one rights holder has opted to take a website owner to court citing sections of the law that actually doesn't exist.

Righthaven has been in the news since <a href=http://www.zeropaid.com/news/90573/copyright-infringement-litigation-campaign-now-sees-senator-candidate-as-latest-victim/ target=_blank>2010</a> over their lawsuit against 250 websites they claimed were infringing on their clients rights.  They demanded $150,000 in damages and forfeiture of the domains.  If Righthaven hoped to set a standard and create more enforceable rights for the newspaper industry, that case ultimately backfired.  The ruling <a href=http://yro.slashdot.org/story/11/03/20/1810225/Righthaven-Copyright-Lawsuit-Backfires target=_blank>found</a> that the websites in question did not infringe on copyright as this was a case of fair use.  The ruling even went so far as to say entire articles being copied and re-posted was also fair use.

It seems that Righthaven wasn't deterred by such a spectacular defeat in the courts.

After losing that case, Righthaven has apparently <a href=http://ia600603.us.archive.org/13/items/gov.uscourts.nvd.80631/gov.uscourts.nvd.80631.1.0.pdf target=_blank>filed another lawsuit against another company</a> (PDF) stating, among other things:

<blockquote>3. Order the surrender to Righthaven of all hardware, software, electronic media and domains, including the Domain used to store, disseminate and display the unauthorized versions of any and all copyrighted works as provided for under 17 U.S.C. § 505(b) and/or as authorized by Federal Rule of Civil Procedure 64; [AUTHORS NOTE: Found at the bottom of page 15]</blockquote>

Can Righthaven even make this demand?  EFF <a href=http://www.eff.org/deeplinks/2011/04/righthaven-defies-court-ignores-domain-name-ruling target=_blank>doesn't think so</a>.  EFF said that the lawsuit similar to this was dismissed because it "fails as a matter of law".

This wasn't the only reason EFF suggests this lawsuit is going nowhere fast.  After <a href=http://www.law.cornell.edu/uscode/17/505.html target=_blank>looking up § 505</a>, they discovered that § 505(b) doesn't even exist.  Yes, there is no such thing as 17 U.S.C. § 505(b).  Maybe Righthaven needs to build a time machine and have that law changed first.

EFF also notes:

<blockquote>Nor is the citation to Rule 64 going to help Righthaven. This is the same argument it raised in Righthaven v. DiBiase, and which the court flatly rejected. Indeed, the argument was silly to begin with, since Rule 64 concerns state law remedies and copyright is a federal law.</blockquote>

As ridiculous as the Righthaven lawsuit sounds at this point, maybe its a blessing in disguise.  If they keep filing these junk lawsuits and losing spectacularly every time, maybe we'll be legally downloading whole copyrighted movies thanks to fair use by 2015.  We already have whole cited articles considered fair use now, why stop there?

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="149" height="200" src="http://www.zeropaid.com/wp-content/uploads/2010/06/3d_copyright_crop-149x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="3d_copyright_crop" title="3d_copyright_crop" /></p><h3>You'd think that someone who uses the law to enforce copyright would know the laws, at least, reasonably well, before they go threatening people with legal action.  Apparently, in one legal threat, one rights holder opted to cite a law in court documents that doesn't even exist.</h3>

There's been a lot of legally questionable legal threats over the years in the world of copyright.  Sometimes, rights holders use American law to threaten people in other countries.  Other times, people are threatened with vague references to the law.  In this case, one rights holder has opted to take a website owner to court citing sections of the law that actually doesn't exist.

Righthaven has been in the news since <a href=http://www.zeropaid.com/news/90573/copyright-infringement-litigation-campaign-now-sees-senator-candidate-as-latest-victim/ target=_blank>2010</a> over their lawsuit against 250 websites they claimed were infringing on their clients rights.  They demanded $150,000 in damages and forfeiture of the domains.  If Righthaven hoped to set a standard and create more enforceable rights for the newspaper industry, that case ultimately backfired.  The ruling <a href=http://yro.slashdot.org/story/11/03/20/1810225/Righthaven-Copyright-Lawsuit-Backfires target=_blank>found</a> that the websites in question did not infringe on copyright as this was a case of fair use.  The ruling even went so far as to say entire articles being copied and re-posted was also fair use.

It seems that Righthaven wasn't deterred by such a spectacular defeat in the courts.

After losing that case, Righthaven has apparently <a href=http://ia600603.us.archive.org/13/items/gov.uscourts.nvd.80631/gov.uscourts.nvd.80631.1.0.pdf target=_blank>filed another lawsuit against another company</a> (PDF) stating, among other things:

<blockquote>3. Order the surrender to Righthaven of all hardware, software, electronic media and domains, including the Domain used to store, disseminate and display the unauthorized versions of any and all copyrighted works as provided for under 17 U.S.C. § 505(b) and/or as authorized by Federal Rule of Civil Procedure 64; [AUTHORS NOTE: Found at the bottom of page 15]</blockquote>

Can Righthaven even make this demand?  EFF <a href=http://www.eff.org/deeplinks/2011/04/righthaven-defies-court-ignores-domain-name-ruling target=_blank>doesn't think so</a>.  EFF said that the lawsuit similar to this was dismissed because it "fails as a matter of law".

This wasn't the only reason EFF suggests this lawsuit is going nowhere fast.  After <a href=http://www.law.cornell.edu/uscode/17/505.html target=_blank>looking up § 505</a>, they discovered that § 505(b) doesn't even exist.  Yes, there is no such thing as 17 U.S.C. § 505(b).  Maybe Righthaven needs to build a time machine and have that law changed first.

EFF also notes:

<blockquote>Nor is the citation to Rule 64 going to help Righthaven. This is the same argument it raised in Righthaven v. DiBiase, and which the court flatly rejected. Indeed, the argument was silly to begin with, since Rule 64 concerns state law remedies and copyright is a federal law.</blockquote>

As ridiculous as the Righthaven lawsuit sounds at this point, maybe its a blessing in disguise.  If they keep filing these junk lawsuits and losing spectacularly every time, maybe we'll be legally downloading whole copyrighted movies thanks to fair use by 2015.  We already have whole cited articles considered fair use now, why stop there?

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/93209/rights-holder-uses-non-existent-law-to-enforce-copyright/feed/</wfw:commentRss>
		<slash:comments>4</slash:comments>
		</item>
		<item>
		<title>300 Alleged BitTorrent Users Targeted By Porn Industry</title>
		<link>http://www.zeropaid.com/news/90545/300-alleged-bittorrent-users-targeted-by-porn-industry/</link>
		<comments>http://www.zeropaid.com/news/90545/300-alleged-bittorrent-users-targeted-by-porn-industry/#comments</comments>
		<pubDate>Sun, 05 Sep 2010 00:04:33 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[adult entertainment]]></category>
		<category><![CDATA[bittorrent]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[file sharing]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[porn]]></category>
		<category><![CDATA[us]]></category>
		<category><![CDATA[usa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=90545</guid>
		<description><![CDATA[<p><img width="200" height="165" src="http://www.zeropaid.com/wp-content/uploads/2009/12/gavel3.jpg" class="attachment-post-thumbnail wp-post-image" alt="gavel3" title="gavel3" /></p><h3>It seems that the porn industry is currently ramping up its anti-piracy efforts after filing lawsuits against 300 individuals accused of copyright infringement.  The lawsuits were filed by Millennium TGA, Lightspeed Media Corporation and Hard Drive Productions in the United States District Court for the Northern District of Illinois Eastern Division.</h3>

The news was first reported by Evan Brown on <a href=http://blog.internetcases.com/2010/09/03/new-copyright-lawsuits-go-after-porn-on-bittorrent/ target=_blank>the Internet cases blog</a>.  The lawsuit filed by <a href=http://www.zeropaid.com/wp-content/uploads/2010/09/hard_drive_v_does.pdf target=_blank>Hard Drive Productions</a>, accuses Bittorrent users of illegally downloading "Amateur Allure" web content.  Lightspeed Media Corporation, in the mean time, is <a href=http://www.zeropaid.com/wp-content/uploads/2010/09/lightspeed_v_does.pdf target=_blank>accusing</a> (PDF) another 100 alleged copyright violators of downloading Jordan Capri and Tawnee Stone web content.  Finally, Millennium TGA, INC. <a href=http://www.zeropaid.com/wp-content/uploads/2010/09/millennium_v_does.pdf target=_blank>is accusing</a> (PDF) an additional 100 alleged file-sharers for illegally downloading Shemale Yum, Shemales From Hell, and Shemale Pornstar.  While this may or may not be a complete list, specific details appear to be found in subsequent "Exhibit A"s which doesn't appear to be available at this point in time.  The lawsuits themselves do not name which sites were associated with the alleged swarms, only that trackerless (in the traditional sense) BitTorrent is possible.

This isn't the first anti-piracy effort made by the porn industry.  Earlier this year, the Adult Entertainment Trade Association (AETA) posted a video encouraging users to pay for their porn. The video was <a href=http://www.wired.com/threatlevel/2010/04/pornstar-piracy-video/ target=_blank>pointed out by Threat Level over at Wired</a>:

<object width="560" height="340"><param name="movie" value="http://www.youtube.com/v/4xNzsTHA1nI?fs=1&amp;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/4xNzsTHA1nI?fs=1&amp;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="340"></embed></object>

Brown <a href=http://blog.internetcases.com/2010/09/03/new-copyright-lawsuits-go-after-porn-on-bittorrent/ target=_blank>suggests</a> that the case resembles the now infamous <a href=http://www.zeropaid.com/news/89254/hurt-lock-producer-sues-5000-bittorrent-users/ target=_blank>Hurt Locker</a> lawsuits where 5000 alleged copyright violators were targeted in the litigation sweep.  Since the lawsuits moved to discovery, there have been two cases where ISPs refused to comply.  The first was Time Warner Cable which <a href=http://www.zeropaid.com/news/89330/time-warner-fights-claims-it-can-do-more-in-mass-bittorrent-lawsuit/ target=_blank>said that the workload was far too great for the staff to keep up</a>.  The second case where an ISP fought against the copyright claims was <a href=http://www.zeropaid.com/news/90465/s-dakota-isp-refuses-to-comply-with-hurt-locker-lawsuits/ target=_blank>Midcontinent Communications</a> citing jurisdiction issues.

Because there is a bit of a difference between 300 IP addresses and 5,000 IP addresses, the order of magnitude might make a difference between ISPs affected crying foul over an overwhelming workload and simply allowing copyright holders to obtain the information necessary to litigate actual people - whether or not the conduct of the IP address corresponded with those that actually downloaded the infringing material in the first place.  Still, very few people even fight general copyright infringement lawsuits often due to financial issues and, considering the content in question, it's unlikely that there will be much of a fight by those accused this time either.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="165" src="http://www.zeropaid.com/wp-content/uploads/2009/12/gavel3.jpg" class="attachment-post-thumbnail wp-post-image" alt="gavel3" title="gavel3" /></p><h3>It seems that the porn industry is currently ramping up its anti-piracy efforts after filing lawsuits against 300 individuals accused of copyright infringement.  The lawsuits were filed by Millennium TGA, Lightspeed Media Corporation and Hard Drive Productions in the United States District Court for the Northern District of Illinois Eastern Division.</h3>

The news was first reported by Evan Brown on <a href=http://blog.internetcases.com/2010/09/03/new-copyright-lawsuits-go-after-porn-on-bittorrent/ target=_blank>the Internet cases blog</a>.  The lawsuit filed by <a href=http://www.zeropaid.com/wp-content/uploads/2010/09/hard_drive_v_does.pdf target=_blank>Hard Drive Productions</a>, accuses Bittorrent users of illegally downloading "Amateur Allure" web content.  Lightspeed Media Corporation, in the mean time, is <a href=http://www.zeropaid.com/wp-content/uploads/2010/09/lightspeed_v_does.pdf target=_blank>accusing</a> (PDF) another 100 alleged copyright violators of downloading Jordan Capri and Tawnee Stone web content.  Finally, Millennium TGA, INC. <a href=http://www.zeropaid.com/wp-content/uploads/2010/09/millennium_v_does.pdf target=_blank>is accusing</a> (PDF) an additional 100 alleged file-sharers for illegally downloading Shemale Yum, Shemales From Hell, and Shemale Pornstar.  While this may or may not be a complete list, specific details appear to be found in subsequent "Exhibit A"s which doesn't appear to be available at this point in time.  The lawsuits themselves do not name which sites were associated with the alleged swarms, only that trackerless (in the traditional sense) BitTorrent is possible.

This isn't the first anti-piracy effort made by the porn industry.  Earlier this year, the Adult Entertainment Trade Association (AETA) posted a video encouraging users to pay for their porn. The video was <a href=http://www.wired.com/threatlevel/2010/04/pornstar-piracy-video/ target=_blank>pointed out by Threat Level over at Wired</a>:

<object width="560" height="340"><param name="movie" value="http://www.youtube.com/v/4xNzsTHA1nI?fs=1&amp;hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/4xNzsTHA1nI?fs=1&amp;hl=en_US" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="340"></embed></object>

Brown <a href=http://blog.internetcases.com/2010/09/03/new-copyright-lawsuits-go-after-porn-on-bittorrent/ target=_blank>suggests</a> that the case resembles the now infamous <a href=http://www.zeropaid.com/news/89254/hurt-lock-producer-sues-5000-bittorrent-users/ target=_blank>Hurt Locker</a> lawsuits where 5000 alleged copyright violators were targeted in the litigation sweep.  Since the lawsuits moved to discovery, there have been two cases where ISPs refused to comply.  The first was Time Warner Cable which <a href=http://www.zeropaid.com/news/89330/time-warner-fights-claims-it-can-do-more-in-mass-bittorrent-lawsuit/ target=_blank>said that the workload was far too great for the staff to keep up</a>.  The second case where an ISP fought against the copyright claims was <a href=http://www.zeropaid.com/news/90465/s-dakota-isp-refuses-to-comply-with-hurt-locker-lawsuits/ target=_blank>Midcontinent Communications</a> citing jurisdiction issues.

Because there is a bit of a difference between 300 IP addresses and 5,000 IP addresses, the order of magnitude might make a difference between ISPs affected crying foul over an overwhelming workload and simply allowing copyright holders to obtain the information necessary to litigate actual people - whether or not the conduct of the IP address corresponded with those that actually downloaded the infringing material in the first place.  Still, very few people even fight general copyright infringement lawsuits often due to financial issues and, considering the content in question, it's unlikely that there will be much of a fight by those accused this time either.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
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		<slash:comments>8</slash:comments>
		</item>
		<item>
		<title>RIAA Cries Foul Over Tenenbaum Fine Reduction</title>
		<link>http://www.zeropaid.com/news/89852/riaa-cries-foul-over-tenenbaum-fine-reduction/</link>
		<comments>http://www.zeropaid.com/news/89852/riaa-cries-foul-over-tenenbaum-fine-reduction/#comments</comments>
		<pubDate>Mon, 12 Jul 2010 05:11:37 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[infringement]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[litigation]]></category>
		<category><![CDATA[piracy]]></category>
		<category><![CDATA[riaa]]></category>
		<category><![CDATA[us]]></category>
		<category><![CDATA[usa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=89852</guid>
		<description><![CDATA[<p><img width="200" height="198" src="http://www.zeropaid.com/wp-content/uploads/2010/01/riaa-200x198.gif" class="attachment-post-thumbnail wp-post-image" alt="riaa" title="riaa" /></p><h3>It may be the least surprising reaction of the year, but the RIAA (Recording Industry Association of America) has said that they would contest the ruling that saw the reduction of the Tenenbaum fine from $675,000 to $67,500.  The organization said that it would contest the ruling, but exactly how remains to be seen at this point.</h3>

Just before the weekend last week, we <a href=http://www.zeropaid.com/news/89845/judge-declares-tenenbaum-fine-unconstitutional-slashes-it-by-tenth/ target=_blank>reported</a> that a judge has declared the $675,000 judgment against Joel Tenenbaum unconstitutional.  As a result, the judge slashed the fine to one tenth of the original fine to $67,500.  The fine works out to $2,250 per work which is the same amount as the <a href=http://www.zeropaid.com/news/87860/judge-deterrence-cannot-justify-2-million-p2p-verdict/ target=_blank>Jammie Thomas case</a> where a judge lowered her fine down to $2,250 per work.

The original verdicts in both cases may have earned a black eye for now only the US legal system nationally, but internationally as well.  To name one example, during last years copyright consultation in Canada, the Jammie Thomas case <a href=http://www.zeropaid.com/news/86728/canadas-copyright-consultation-has-many-talking/ target=_blank>was cited</a> as an example of how not to enforce copyright laws.  As a result, trying to make penalties for copyright violations in Canada as high as the United States became an incredibly tough sell and may have contributed to the creation of a provision in the current Canadian copyright reform law that spells out the difference in fines between commercial and non-commercial infringement.  No doubt the initial judgments caused other countries to take a step back as they re-evaluated their copyright laws and re-think fines as well.

Undeterred, the RIAA has <a href=http://www.boston.com/news/local/breaking_news/2010/07/judge_slashes_p.html target=_blank>issued a statement</a> regarding the judgment, saying that it would "contest this ruling", but didn't divulge any details of how they would contest this ruling.

"The court has substituted its judgment for that of 10 jurors as well as Congress," the RIAA <a href=http://news.cnet.com/8301-31001_3-20010164-261.html target=_blank>wrote</a>. "For nearly a week, a federal jury carefully considered the issues involved in this case, including the profound harm suffered by the music community precisely because of the activity that the defendant admitted engaging in."

It's not surprising to see this kind of reaction from the RIAA considering there's now over half a million dollars ($607,500 to be precise) less to be found in the reward.

Some observers have already said that even the reduced fine of $67,500 is too steep considering most, if not, all of these songs can be found in some stores for merely a dollar each.  Tenenbaum has already said that he couldn't afford the reduced fine, <a href=http://www.boston.com/news/local/breaking_news/2010/07/judge_slashes_p.html target=_blank>saying</a>, "Obviously, it's better news than it could have been, but it's basically equally unpayable to me."

It's unclear whether or not the RIAA can recoup the cost of its legal team.  No doubt, the RIAA would love to make this a money-making proposition where every cease and desist order is like a lottery ticket that could hold millions.  While some observers may have said that a huge fine is great news for artists, there is no evidence to suggest any of that money actually ends up in the hands of artists in the first place.

If these rulings can't be a money-making proposition, it might force the RIAA to abandon its lawsuit strategy altogether.  That doesn't mean the end of the file-sharing wars, but rather the closing of one long chapter in the RIAAs war against the future.  We all know that rights holders have been trying to impose a three strikes law all over the world.  The end of the litigation campaign could push a three strikes law to the forefront of American rights holders lobbying strategies.  At this point, a lot that hasn't been decided yet could still be resting on these two cases (Thomas and Tenenbaum).

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="198" src="http://www.zeropaid.com/wp-content/uploads/2010/01/riaa-200x198.gif" class="attachment-post-thumbnail wp-post-image" alt="riaa" title="riaa" /></p><h3>It may be the least surprising reaction of the year, but the RIAA (Recording Industry Association of America) has said that they would contest the ruling that saw the reduction of the Tenenbaum fine from $675,000 to $67,500.  The organization said that it would contest the ruling, but exactly how remains to be seen at this point.</h3>

Just before the weekend last week, we <a href=http://www.zeropaid.com/news/89845/judge-declares-tenenbaum-fine-unconstitutional-slashes-it-by-tenth/ target=_blank>reported</a> that a judge has declared the $675,000 judgment against Joel Tenenbaum unconstitutional.  As a result, the judge slashed the fine to one tenth of the original fine to $67,500.  The fine works out to $2,250 per work which is the same amount as the <a href=http://www.zeropaid.com/news/87860/judge-deterrence-cannot-justify-2-million-p2p-verdict/ target=_blank>Jammie Thomas case</a> where a judge lowered her fine down to $2,250 per work.

The original verdicts in both cases may have earned a black eye for now only the US legal system nationally, but internationally as well.  To name one example, during last years copyright consultation in Canada, the Jammie Thomas case <a href=http://www.zeropaid.com/news/86728/canadas-copyright-consultation-has-many-talking/ target=_blank>was cited</a> as an example of how not to enforce copyright laws.  As a result, trying to make penalties for copyright violations in Canada as high as the United States became an incredibly tough sell and may have contributed to the creation of a provision in the current Canadian copyright reform law that spells out the difference in fines between commercial and non-commercial infringement.  No doubt the initial judgments caused other countries to take a step back as they re-evaluated their copyright laws and re-think fines as well.

Undeterred, the RIAA has <a href=http://www.boston.com/news/local/breaking_news/2010/07/judge_slashes_p.html target=_blank>issued a statement</a> regarding the judgment, saying that it would "contest this ruling", but didn't divulge any details of how they would contest this ruling.

"The court has substituted its judgment for that of 10 jurors as well as Congress," the RIAA <a href=http://news.cnet.com/8301-31001_3-20010164-261.html target=_blank>wrote</a>. "For nearly a week, a federal jury carefully considered the issues involved in this case, including the profound harm suffered by the music community precisely because of the activity that the defendant admitted engaging in."

It's not surprising to see this kind of reaction from the RIAA considering there's now over half a million dollars ($607,500 to be precise) less to be found in the reward.

Some observers have already said that even the reduced fine of $67,500 is too steep considering most, if not, all of these songs can be found in some stores for merely a dollar each.  Tenenbaum has already said that he couldn't afford the reduced fine, <a href=http://www.boston.com/news/local/breaking_news/2010/07/judge_slashes_p.html target=_blank>saying</a>, "Obviously, it's better news than it could have been, but it's basically equally unpayable to me."

It's unclear whether or not the RIAA can recoup the cost of its legal team.  No doubt, the RIAA would love to make this a money-making proposition where every cease and desist order is like a lottery ticket that could hold millions.  While some observers may have said that a huge fine is great news for artists, there is no evidence to suggest any of that money actually ends up in the hands of artists in the first place.

If these rulings can't be a money-making proposition, it might force the RIAA to abandon its lawsuit strategy altogether.  That doesn't mean the end of the file-sharing wars, but rather the closing of one long chapter in the RIAAs war against the future.  We all know that rights holders have been trying to impose a three strikes law all over the world.  The end of the litigation campaign could push a three strikes law to the forefront of American rights holders lobbying strategies.  At this point, a lot that hasn't been decided yet could still be resting on these two cases (Thomas and Tenenbaum).

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
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		<slash:comments>22</slash:comments>
		</item>
		<item>
		<title>&#8220;Hurt Locker&#8221; Producer Throws Temper Tantrum at Critic</title>
		<link>http://www.zeropaid.com/news/89171/hurt-locker-producer-throws-temper-tantrum-at-critic/</link>
		<comments>http://www.zeropaid.com/news/89171/hurt-locker-producer-throws-temper-tantrum-at-critic/#comments</comments>
		<pubDate>Wed, 19 May 2010 04:46:59 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[bittorrent]]></category>
		<category><![CDATA[critic]]></category>
		<category><![CDATA[file sharing]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[letter]]></category>
		<category><![CDATA[opinion]]></category>
		<category><![CDATA[p2p]]></category>
		<category><![CDATA[piracy]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=89171</guid>
		<description><![CDATA[<p><img width="200" height="164" src="http://www.zeropaid.com/wp-content/uploads/2010/05/tantrum_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="CHI029" title="CHI029" /></p><h3>Not too long ago, we reported on how producers of the film "Hurt Locker" were saying that they would <a href=http://www.zeropaid.com/news/89122/hurt-locker-producers-to-sue-tens-of-thousands-of-file-sharers/ target=_blank>sue tens of thousands of file-sharers for downloading the movie</a>.  Apparently, a producer since sent a rather inpulsive (to put it lightly) response to someone who threatened to boycott their works over the litigation tactics.</h3>

The fiery exchange was <a href=http://www.boingboing.net/2010/05/18/voltage-pictures-pre.html target=_blank>posted on BoingBoing</a> where someone from Toronto sent a letter to a producer of "Hurt Locker" as a result of the news that the producers would be suing tens of thousands of BitTorrent users.

"I wish to register my disagreement with these tactics," the letter said, "and would like you to know that as a result of these actions I am boycotting your films. The majority of the people you are suing were not seeking to make money from their downloads, and will be financially devastated by a lawsuit or settlement. While it is completely understandable that Voltage Pictures wishes to defend its intellectual property, this is an inhumane way of doing so."

Apparently, it sparked quite a fiery response.

"I'm glad you're a moron who believes stealing is right."  Nicolas Chartier continued, "I hope your family and your kids end up in jail one day for stealing so maybe they can be taught the difference. Until then, keep being stupid, you're doing that very well. And please do not download, rent, or pay for my movies, I actually like smart and more important HONEST people to watch my films."

This is why it's always been difficult to debate people like this who believe that copyright should be a tight as possible.  Rather than responding with maybe some sort of logical reason, they'd rather hurl insults which suggest that they act like a 5 year old when their mother refuses to buy them candy.  Copyright maximalists have been known to just employ non-productive responses in any kind of debate at times.  There have been those in the past that at least respond with some reason (even if almost all of it is either misguided or misleading most of the time in our opinion), though such responses have been increasingly rare and going in favour to people like this.  Some might even go so far as to say that people like Chartier is giving copyright maximalists a bad name over things like this.

If someone wants to be shown any form of respect, they need to give it first.   Clearly, that's not happening here.  It's extremely difficult to respect someone who calls his fans "morons".

If Chartier wants to have any sort of debate degenerate in to nothing more than a shouting match, that's clearly up to him, but many people will know about the exchange and quite easily boycotte his productions as well.  I know I certainly won't even consider seeing anything produced by him after all of this.

But really, can't we at least grow up a little first?

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="164" src="http://www.zeropaid.com/wp-content/uploads/2010/05/tantrum_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="CHI029" title="CHI029" /></p><h3>Not too long ago, we reported on how producers of the film "Hurt Locker" were saying that they would <a href=http://www.zeropaid.com/news/89122/hurt-locker-producers-to-sue-tens-of-thousands-of-file-sharers/ target=_blank>sue tens of thousands of file-sharers for downloading the movie</a>.  Apparently, a producer since sent a rather inpulsive (to put it lightly) response to someone who threatened to boycott their works over the litigation tactics.</h3>

The fiery exchange was <a href=http://www.boingboing.net/2010/05/18/voltage-pictures-pre.html target=_blank>posted on BoingBoing</a> where someone from Toronto sent a letter to a producer of "Hurt Locker" as a result of the news that the producers would be suing tens of thousands of BitTorrent users.

"I wish to register my disagreement with these tactics," the letter said, "and would like you to know that as a result of these actions I am boycotting your films. The majority of the people you are suing were not seeking to make money from their downloads, and will be financially devastated by a lawsuit or settlement. While it is completely understandable that Voltage Pictures wishes to defend its intellectual property, this is an inhumane way of doing so."

Apparently, it sparked quite a fiery response.

"I'm glad you're a moron who believes stealing is right."  Nicolas Chartier continued, "I hope your family and your kids end up in jail one day for stealing so maybe they can be taught the difference. Until then, keep being stupid, you're doing that very well. And please do not download, rent, or pay for my movies, I actually like smart and more important HONEST people to watch my films."

This is why it's always been difficult to debate people like this who believe that copyright should be a tight as possible.  Rather than responding with maybe some sort of logical reason, they'd rather hurl insults which suggest that they act like a 5 year old when their mother refuses to buy them candy.  Copyright maximalists have been known to just employ non-productive responses in any kind of debate at times.  There have been those in the past that at least respond with some reason (even if almost all of it is either misguided or misleading most of the time in our opinion), though such responses have been increasingly rare and going in favour to people like this.  Some might even go so far as to say that people like Chartier is giving copyright maximalists a bad name over things like this.

If someone wants to be shown any form of respect, they need to give it first.   Clearly, that's not happening here.  It's extremely difficult to respect someone who calls his fans "morons".

If Chartier wants to have any sort of debate degenerate in to nothing more than a shouting match, that's clearly up to him, but many people will know about the exchange and quite easily boycotte his productions as well.  I know I certainly won't even consider seeing anything produced by him after all of this.

But really, can't we at least grow up a little first?

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/89171/hurt-locker-producer-throws-temper-tantrum-at-critic/feed/</wfw:commentRss>
		<slash:comments>29</slash:comments>
		</item>
		<item>
		<title>2009 &#8211; A ZeroPaid Year In Review &#8211; Part 3 of 3</title>
		<link>http://www.zeropaid.com/news/87490/2009-a-zeropaid-year-in-review-part-3-of-3/</link>
		<comments>http://www.zeropaid.com/news/87490/2009-a-zeropaid-year-in-review-part-3-of-3/#comments</comments>
		<pubDate>Mon, 04 Jan 2010 09:24:33 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[2009]]></category>
		<category><![CDATA[2010]]></category>
		<category><![CDATA[acta]]></category>
		<category><![CDATA[australia]]></category>
		<category><![CDATA[bittorrent]]></category>
		<category><![CDATA[canada]]></category>
		<category><![CDATA[CETA]]></category>
		<category><![CDATA[Chile]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[cria]]></category>
		<category><![CDATA[digital rights]]></category>
		<category><![CDATA[dmca]]></category>
		<category><![CDATA[eu]]></category>
		<category><![CDATA[file sharing]]></category>
		<category><![CDATA[france]]></category>
		<category><![CDATA[ifpi]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[mpaa]]></category>
		<category><![CDATA[new zealand]]></category>
		<category><![CDATA[p2p]]></category>
		<category><![CDATA[piracy]]></category>
		<category><![CDATA[privacy]]></category>
		<category><![CDATA[riaa]]></category>
		<category><![CDATA[spain]]></category>
		<category><![CDATA[three-strikes]]></category>
		<category><![CDATA[uk]]></category>
		<category><![CDATA[usa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=87490</guid>
		<description><![CDATA[<p><img width="166" height="200" src="http://www.zeropaid.com/wp-content/uploads/2010/01/2009-01-19-RSobamacover-166x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="2009-01-19-RSobamacover" title="2009-01-19-RSobamacover" /></p><h3>We wrap things up with the last third of 2009.  <a href="http://www.zeropaid.com/news/87487/2009-a-zeropaid-year-in-review-part-1-of-3/" target="_blank">Part one</a>. <a href="http://www.zeropaid.com/news/87489/2009-a-zeropaid-year-in-review-part-2-of-3/" target="_blank">Part 2</a>.</h3>

<strong>September</strong>

September started off with the continuation of the Jammie Thomas trial where Thomas <a href=http://www.zeropaid.com/news/86935/jammie-thomas-challenges-arbitrary-80000-psong-verdict/ target=_blank>appealed her $80,000 fine</a>.  Amongst other arguments, the fine seemed to be arbitrarily selected.

After a ThePirateBay Mixtape of all the songs Joel Tenenbaum was fined for, an RIAA lawyer <a href=http://www.zeropaid.com/news/86949/riaa-member-lawyer-blames-joel-for-thepiratebay-mixtape/ target=_blank>took the unusual step of saying that the mixtape was all Joels fault</a>.

France was, of course, back in the headlines in the month when the French Pirate Party <a href=http://www.zeropaid.com/news/86956/french-pirate-party-has-a-shot-at-winning-a-government-seat/ target=_blank>had a shot at winning a parliamentary seat</a>, further bolstering the international parties success on the international stage.  No doubt, the Pirate Party in that country was able to get some support on the issue of Three Strikes law which, after a few bungled attempts, managed to produce the oddly titled <a href=http://www.zeropaid.com/news/87012/france-passes-three-strikes-law-for-second-time/ target=_blank>"France Passes Three Strikes Law for Second Time"</a>.  Regardless of the French Pirate Party's growing success, it seemed that the inevitable happened where France <a href=http://www.zeropaid.com/news/87058/french-parliament-adopts-final-three-strikes-bill/ target=_blank>adopted their three strikes law</a>.

Tension in Australia over the governments so-called "voluntary-mandatory" internet filter continued when opposition parties <a href=http://www.zeropaid.com/news/86962/aussie-opposition-end-mandatory-internet-filtering-farce/ target=_blank>wanted to end the farce altogether</a>.  In response to some of the criticisms, a minister <a href=http://www.zeropaid.com/news/87039/aussie-minister-i-never-wanted-to-filter-p2p/ target=_blank>said that he never wanted to filter p2p traffic</a>.

More news in Ireland happened when one Irish ISP <a href=http://www.zeropaid.com/news/86945/irish-isp-begins-blocking-the-pirate-bay/ target=_blank>decided to block ThePirateBay</a>.

In the UK, the British government <a href=http://www.zeropaid.com/news/86967/uk-official-on-three-strikes-digital-piracy-the-same-as-physical/ target=_blank>made it official that they supported the three strikes legislation</a>, saying it was an "evolved" plan.  The UK ISPs were <a href=http://www.zeropaid.com/news/86969/uk-isps-blast-new-three-strikes-proposal/ target=_blank>quick to denounce the move</a>.  In a show of even more solidarity against the three strikes law, UK musicians <a href=http://www.zeropaid.com/news/86986/uk-musicians-denounce-three-strikes-proposal/ target=_blank>quickly denounced the three strikes law as well</a>.  In case there were artists still skeptical about those who are against the three strikes law, a UK consultant <a href=http://www.zeropaid.com/news/87004/uk-music-consultant-to-artists-dont-worry-about-piracy/ target=_blank>said that artists shouldn't really worry about internet piracy in the first place</a>.  Distraught by all those artists arguing against a three strikes law in the UK, the major music labels <a href=http://www.zeropaid.com/news/87031/uk-music-industry-group-tries-to-reunite-artists-labels/ target=_blank>tried to argue that all artists were united in supporting a three strikes law</a>.

In a rather humorous and ironic moment in September, Sony BMG faced a near repeat of the lawsuit against it for software piracy in France and were <a href=http://www.zeropaid.com/news/86975/sony-bmg-accused-of-music-piracy-assets-seized/ target=_blank>accused of a textbook definition of music piracy in Mexico</a>.  No doubt the company was once again embarrassed given their stance on piracy in the first place, but it lent credence to the theory that it's often the case that the biggest complainers to a problem are also often the biggest culprits as well.

Doubts continued with the acquisition of ThePirateBay when GGF <a href=http://www.zeropaid.com/news/86992/ggf-stck-delisted-from-swedish-stock-exchange/ target=_blank>was delisted from the Swedish stock exchange</a>.  Keeping ThePirateBay accessible for all was under attack, but one Swedish ISP did <a href=http://www.zeropaid.com/news/87026/swedish-isp-appeals-order-to-block-the-pirate-bay/ target=_blank>appeal a court order to block the website</a>.  Shortly afterwords, GGF, trying to salvage some credibility, <a href=http://www.zeropaid.com/news/87033/ggfs-stock-gets-relisted/ target=_blank>managed to get re-listed in the Swedish stock exchange</a>.  Unfortunately, the news was followed up by even more bad news for the buyer when <a href=http://www.zeropaid.com/news/87036/pirate-bay-buyer-faces-court-over-debt/ target=_blank>they faced court over unpaid debt</a>.  On the legal front, something happened during ThePirateBay trial that few thought was possible, the major record companies and the admins agreed on something - specifically that there were questions to be raised over <a href=http://www.zeropaid.com/news/87054/pirate-bay-record-companies-agree-appeals-court-judge-biased/ target=_blank>a judges affiliation affecting his judgment</a>.  Admins for ThePirateBay later <a href=http://www.zeropaid.com/news/87071/court-spotify-link-makes-pirate-bay-appeal-judge-biased/ target=_blank>appealed the decision that the judge was not biased in his guilty verdict citing even more bias from the three judges on the panel</a>.

The Canadian Pirate Party in September was also able to give us a landmark <a href=http://www.zeropaid.com/news/87003/zeropaid-interviews-the-pirate-party-of-canada/ target=_blank>interview</a> when they were one step closer to becoming an official political party.  By the end of the month, the party <a href=http://www.zeropaid.com/news/87075/canadian-pirate-party-launches-bittorrent-tracker/ target=_blank>launched a BitTorrent tracker to show once again that there are legal uses for BitTorrent among other things</a>.

<strong>October</strong>

October started off with the continued, at least for many observers, circus of the acquisition of ThePirateBay.  After creating a deadline for the acquisition of the BitTorrent site, the deadline <a href=http://www.zeropaid.com/news/87078/pirate-bay-acquisition-deadline-passes-surprise-surprise-again/ target=_blank>came and went without a purchase</a>.  Google also wound up in a bit of controversy when it temporarily removed search results, then <a href=http://www.zeropaid.com/news/87084/google-removes-reinstates-pirate-bay-in-search-results/ target=_blank>re-instated them again</a>.  Then, after, once again, failing to get ThePirateBay removed from the internet, the major entertainment industry corporations <a href=http://www.zeropaid.com/news/87086/hollywood-lawyers-targeting-pirate-bay-isps/ target=_blank>tried to get, what was described as, the websites ISPs ISP to block access to the website</a> - obviously without much success again.  Then, after all the ups and downs, GGF themselves <a href=http://www.zeropaid.com/news/87093/ggf-admits-pirate-bay-deal-uncertain/ target=_blank>finally admitted that the acquisition of ThePirateBay was "uncertain"</a>.  After that fiasco, the legal front for ThePirateBay got even more heated when BREIN was <a href=http://www.zeropaid.com/news/87114/pirate-bay-founder-accuses-anti-p2p-group-of-forgery/ target=_blank>caught forging evidence against the site</a>.  Meanwhile, the trial against ThePirateBay <a href=http://www.zeropaid.com/news/87133/pirate-bay-trial-delayed-until-next-summer/ target=_blank>was delayed until the Summer of 2010</a> - putting a halt on the whole trial, no doubt, to the dismay of the copyright industry.  Meanwhile in the Netherlands, in spite of falsifying evidence against the admins of ThePirateBay, BREIN won <a href=http://www.zeropaid.com/news/87152/dutch-court-rules-against-the-pirate-bay/ target=_blank>a legal victory against the site</a>.  ThePirateBay, after seeing their first sale fall through, <a href=http://www.zeropaid.com/news/87168/pirate-bay-looking-for-new-buyers/ target=_blank>said that they were on the hunt for new buyers</a>.  Legal issues about the site then took a turn against them when a Swedish court said that <a href=http://www.zeropaid.com/news/87169/court-to-pirate-bay-founders-close-site-or-pay-fine/ target=_blank>the site must be shut down or else the admins faced additional fines</a>.

Not satisfied with a three strikes law, the UK music industry <a href=http://www.zeropaid.com/news/87080/uk-music-wants-to-filter-illegitimate-p2p-sites/ target=_blank>demanded that "illegitimate" p2p sites be filtered as well</a>.  Sometime later in the month, a petition surfaced online that would <a href=http://www.zeropaid.com/news/87102/uk-petition-to-legalize-not-for-profit-p2p/ target=_blank>get the government to legalize non-profit P2P activity</a>.  Seems like it was just another sign that UK citizens were unhappy about the governments "evolved" plan as well.  That was not to say the entire government was on board for a three strikes law though as <a href=http://www.zeropaid.com/news/87119/21-uk-mps-oppose-disconnecting-file-sharers/ target=_blank>21 MPs some time later in the month announced their opposition to the three strikes law</a>; they called it a futile attempt to disconnect pirates.  A British ISP also showed further evidence that the three strikes law was ill-conceived by <a href=http://www.zeropaid.com/news/87121/uk-isp-attacks-3-strikes-with-proof-wi-fi-piggybacking-easy/ target=_blank>showing just how easy it was to piggy-back WiFi</a>.  Ideologies also collided in the country when the major music business argued that <a href=http://www.zeropaid.com/news/87128/pirate-party-clashes-with-music-industry-boss/ target=_blank>The Pirate Party's idea of a 5 year copyright term would undermine the whole industry</a>.  The three strikes debate then roared back in to headlines when a poll conducted with Open Rights Group suggested that <a href=http://www.zeropaid.com/news/87135/uk-poll-73-say-3-strikes-would-harm-use-of-vital-services/ target=_blank>73% of British citizens believed that a three strikes law would harm use of vital services</a> - as if there needed to be more evidence on how many people oppose the law, but further proof was there.  It seemed that something happened within the government - whether it was public pressure or France having to legislate that the third strike would be issued by a judge is unclear - as they said that <a href=http://www.zeropaid.com/news/87138/uk-govt-file-sharers-wont-be-disconnected-willy-nilly/ target=_blank>a third strike would be issued by a judge</a>.  That didn't stop Britain'ss top spies from <a href=http://www.zeropaid.com/news/87150/uk-cops-spies-blast-3-strikes/ target=_blank>denouncing the three strikes law</a> because they argued that it would fuel online anonymity, thus making it harder to spy on people over the internet.  Opposition only continued to mount against the three strikes law when <a href=http://www.zeropaid.com/news/87158/uk-dig-britain-mp-internet-is-an-essential-service/ target=_blank>MPs argued that an internet connection is considered an essential service</a>.

Spain made it into the headlines again in October when <a href=http://www.zeropaid.com/news/87100/spanish-govt-to-establish-anti-p2p-commission/ target=_blank>the government was set to establish an anti-p2p commission</a>.

France, of course, was also in the headlines, but the first headline of the month to come out of the country was definitely an ironic one.  The story described the French presidency <a href=http://www.zeropaid.com/news/87107/french-presidency-accused-of-bootlegging-dvd/ target=_blank>accused of pirating a DVD</a>.  This would make the governing party a repeat copyright infringer of all things.  Nothing much happened for a while though until later that month when France's top court <a href=http://www.zeropaid.com/news/87146/frances-top-court-oks-3-strikes/ target=_blank>approved</a> of the modified three strikes law where the third strike would be issued by a judge.

In the US, there was finally a resolution for ASCAPs controversial attempt to get performance royalties for ring tones.  A judge killed the attempt by ruling that a ring tone is <a href=http://www.zeropaid.com/news/87123/judge-ringtone-not-a-public-performance/ target=_blank>not a public performance</a>.

The whole European Union also made headlines in October when they stunningly did an about-face and <a href=http://www.zeropaid.com/news/87160/eu-parliament-gives-ok-to-disconnect-file-sharers/ target=_blank>gave an OK to disconnect alleged file-sharers</a>.

<strong>November</strong>

November started rather differently with a story that seemed to have eluded headlines for a while - ACTA.  It was revealed that <a href=http://www.zeropaid.com/news/87211/anti-piracy-treaty-global-dmca-three-strikes/ target=_blank>ACTA would bring in a global DMCA and a three strikes law</a>.  After facing severe pressure all around the world to have ACTA transparent once and for all, the MPAA hit the panic button and <a href=http://www.zeropaid.com/news/87285/mpaa-dismisses-demand-for-copyright-treaty-transparency-as-distraction/ target=_blank>said that criticisms about ACTAs transparency were merely a "distraction"</a>.  Later on, an additional leak from the elusive treaty <a href=http://www.zeropaid.com/news/87310/leak-confirms-acta-is-as-bad-as-feared/ target=_blank>confirmed everyone's worst fears</a>.

Spain's government said that they <a href=http://www.zeropaid.com/news/87215/spanish-culture-minister-no-3-strikes-for-file-sharers/ target=_blank>wouldn't implement a three strikes law</a>.

Norway made headlines when a court ruled that ISPs <a href=http://www.zeropaid.com/news/87216/norway-court-denies-request-to-block-the-pirate-bay/ target=_blank>couldn't be forced to block ThePirateBay</a>.  Sometime later, startling news emerged when an artist was told <a href=http://www.zeropaid.com/news/87293/norwegian-royalty-group-you-cant-upload-own-music-to-pirate-bay/ target=_blank>by a royalty group that they were forbidden from uploading their own work to ThePirateBay</a>.

Interestingly enough, the United Nations also weighed in on the copyright debate by saying that <a href=http://www.zeropaid.com/news/87241/un-dont-jail-illegal-file-sharers/ target=_blank>jailing teenagers for p2p was not the answer</a>.

After managing to get a three strikes law in place, South Korea's copyright industry said that <a href=http://www.zeropaid.com/news/87243/south-korean-copyright-groups-demand-p2p-site-filters-or-else/ target=_blank>p2p must be filtered</a>.

ThePirateBay made headlines pretty much every month of the year so far, and November was no exception.  After the ISPs ISP of ThePirateBay was ordered to shut off access to the site, that entity then <a href=http://www.zeropaid.com/news/87252/former-pirate-bay-isp-appeals-bandwidth-shutoff-order/ target=blank>appealed the order</a>.  Shortly afterwords, a monumental shift from within the site occurred where all torrents were dropped completely and p2p users were directed to <a href=http://www.zeropaid.com/news/87259/pirate-bay-drops-trackers-converts-to-magnet-links/ target=_blank>magnet links instead</a> (which were compatible with all the popular clients by that time).

MiniNova also made headlines when <a href=http://www.zeropaid.com/news/87303/mininova-goes-legit/ target=_blank>it announced that they were going legit</a>.  User then left the site for more <a href=http://www.zeropaid.com/news/87305/5-alternatives-to-mininova/ target=_blank>attractive alternatives</a>.

ISOHunt also made headlines when it <a href=http://www.zeropaid.com/news/87313/isohunt-files-claim-against-cria-with-bc-supreme-court/ target=_blank>filed claims against CRIA in self defense</a>.

Meanwhile, in the UK, a very symbolic study was released which <a href=http://www.zeropaid.com/news/87267/study-artists-earn-more-in-ap2p-world/ target=_blank>showed</a> that artists made more money in a p2p world.  It also showed that record labels may be the only entities in the entire business that were actually losing money.  Shortly after the study was released, the UK government appeared to be bolder by modifying their three strike law plan and <a href=http://www.zeropaid.com/news/87274/uk-govt-plans-2-strikes-for-file-sharers-instead-of-3/ target=_blank>turning it into a two strikes law</a>.  British ISPs understandably raised more concern by saying that these types of laws <a href=http://www.zeropaid.com/news/87291/uk-isps-concerned-p2p-crackdown-will-undermine-digital-economy/ target=_blank>would undermine the digital economy in Britain</a>.

In the US, <a href=http://www.zeropaid.com/news/87296/fox-films-we-should-disconnect-file-sharers-like-france/ target=_blank>Fox</a> argued that the US should disconnect file-sharers just like France (with their three strikes law where a judge orders the third and final disconnection).

<strong>December</strong>

The year is almost out, but just because the year is wrapping up doesn't mean the news would do the same thing.

In Spain, the copyright wars started to really heat up when the Spanish government <a href=http://www.zeropaid.com/news/87324/battle-over-copyright-law-reform-heats-up-in-spain/ target=_blank>signaled that it planned on toughening up copyright laws</a>.  Late in the month, Spain mulled <a href=http://www.zeropaid.com/news/87475/spain-mulls-shuttering-p2p-sites-without-a-court-order/ target=_blank>shutting down P2P sites without a court order</a>.

In the UK, copyright issues remained red hot when tech giants <a href=http://www.zeropaid.com/news/87325/uk-internet-giants-want-digital-britain-revisions/ target=_blank>urged the government to remove a clause in the reform that would force spying on users even if no illegal activity was occurring</a>.  British ISPs, in the mean time, reaffirmed that they were <a href=http://www.zeropaid.com/news/87327/uk-isp-association-criticizes-three-strikes-plan-again/ target=_blank>against the proposed three strikes law</a>.  Adding fuel to the fire, it was discovered that the UKs three strikes law would cost <a href=http://www.zeropaid.com/news/87471/uk-three-strikes-to-cost-consumers-800-million-pyr/ target=_blank>$800 Million per year</a>.

France, in the mean time, made headlines again.  For a third time, <a href=http://www.zeropaid.com/news/87426/french-pres-party-caught-infringing-copyright-once-again/ target=_blank>France's governing party was caught infringing on copyrighted material</a>.  Many observers argued that maybe the French governing party should be disconnected from the internet considering that they were busted a third time for copyright infringement.

ACTA also made headlines when one ambassador implausibly argued that <a href=http://www.zeropaid.com/news/87331/us-trade-ambassador-complex-anti-piracy-treaty-details-prevent-transparency/ target=_blank>people would walk away from the table if ACTA were to be divulged</a>.  Of course, the controversy surrounding the so-called agreement <a href=http://www.zeropaid.com/news/87381/new-acta-coalition-launches-in-new-zealand/ target=_blank>sparked a coalition in New Zealand which aimed to disseminate information about the negotiation and the agreement</a>.  Coincidentally, after a few days, New Zealand political parties <a href=http://www.zeropaid.com/news/87407/a-new-zealand-political-party-wants-answers-on-acta/ target=_blank>demanded answers on ACTA</a>.

New Zealand made headlines for other reasons - like their three strikes law <a href=http://www.zeropaid.com/news/87412/new-zealand-three-strikes-law-moves-ahead/ target=_blank>moving ahead for instance</a>. 

Canada made it into headlines in the biggest way it could.  CRIA, an arm of the RIAA, was <a href=http://www.zeropaid.com/news/87340/canadian-music-industry-faces-6-billion-copyright-infringement-trial/ target=_blank>sued for a historic $6 Billion in damages for not paying artists for selling their music</a>.   Regardless of the fact that the case was merely filed, the damage was very apparent with pretty much whatever credibility they had left on copyright related issues pretty much <a href=http://www.zeropaid.com/news/87347/can-cria-recover-from-the-largest-copyright-infringment-case-in-canadian-history/ target=_blank>eradicated</a>.  It was news that was so big, the owner of a record store wondered <a href=http://www.zeropaid.com/news/87413/damage-of-crias-6-billion-lawsuit-felt-in-anti-piracy-operation/ target=_blank>why he was being investigated for piracy for having a mere couple hundred CDs without bar codes while CRIA, an "expert witness", stood accused of pirating hundreds of thousands of works</a>.  That didn't stop <a href=http://www.zeropaid.com/news/87414/canada-and-the-eu-secretly-negotiating-one-strike-policy/ target=_blank>CETA, another ACTA essentially, from rearing its ugly head though</a>.

Australia made headlines again in December over, you guessed it, it's controversial filtering plan.  This time, the Australian government <a href=http://www.zeropaid.com/news/87402/aussie-govt-reveals-plans-to-filter-the-internet/ target=_blank>revealed their plans for internet filtering</a>.  Unfortunately, the Christian lobby signaled that the filtering plan <a href=http://www.zeropaid.com/news/87404/aussie-christian-lobby-wants-x-r-rated-content-filtered-too/ target=_blank>didn't go far enough</a>.  Sometime later, a parody news site <a href=http://www.zeropaid.com/news/87422/parody-of-conroys-controversial-australian-filtering-plan-surfaces/ target=_blank>made a very humorous article making fun of the Australian governments attempt to filter the internet</a>.

China also made headlines in December when it <a href=http://www.zeropaid.com/news/87345/china-shutters-bittorrent-sites-over-porn-copyrighted-material/ target=_blank>shut down BitTorrent sites allegedly over porn</a>. 

In the Netherlands, BREIN attempted to ban <a href=http://www.zeropaid.com/news/87372/dutch-anti-piracy-group-trying-to-ban-usenet-discussions/ target=_blank>UseNet discussions claiming that what went on in UseNet was simply criminal</a>.

Israel made headlines interestingly enough.  Apparently, the most comprehensive study on the subject <a href=http://www.zeropaid.com/news/87392/new-study-concludes-that-yes-israeli-isps-throttle-p2p/ target=_blank>concluded that Israeli ISPs do, in fact, throttle p2p</a>.  The revelation sparked officials to note that the ISPs <a href=http://www.zeropaid.com/news/87395/israeli-isps-could-face-lawsuit-over-p2p-interference/ target=_blank>could face legal action for the activity</a>.

Chile made headlines in December when it <a href=http://www.zeropaid.com/news/87469/chile-resists-us-pressure-rejects-isp-filtering/ target=_blank>resisted American calls to filter the internet</a>.

Back overseas to the US, <a href=http://www.zeropaid.com/news/87400/entertainment-industry-heads-to-wh-to-discuss-piracy/ target=_blank>major copyright industry representatives decided to meet with White House officials to discuss copyright issues</a>.  After much criticism, the MPAA were forced onto the defencive.  The MPAA <a href=http://www.zeropaid.com/news/87430/mpaa-defends-wh-piracy-discussion/ target=_blank>answered criticism that they were secretly negotiating without all stakeholders involved by saying that anyone could set up a meeting with US reps too if they so desired</a>.  Interestingly enough, an American court also ruled that Canadian site ISOHunt <a href=http://www.zeropaid.com/news/87481/us-court-finds-isohunt-liable-for-copyright-infringement/ target=_blank>was liable for copyright infringement</a>.  How that affects things for the site overall is unclear.

The Joel Tenenbaum case made headlines, though people's viewpoints had since changed.  While the Harvard law professor <a href=http://www.zeropaid.com/news/87365/harvard-prof-to-appeal-file-sharing-trial-under-fair-use-claims/ target=_blank>appealed the case</a> questions were being raised on his performance in the trial.  Quite a change considering that toward the beginning, many considered the lawyer and professor a hero - that viewpoint has since started to waiver.

Google was caught up in another copyright case.  It seems that having a formal DMCA system where if a result contained infringing material, rights holders can request that the results be removed.  Apparently, that wasn't enough for one record label which <a href=http://www.zeropaid.com/news/87370/record-label-sues-google-microsoft-for-copyright-infringement/ target=_blank>sued the search giant for copyright infringement along with several other companies in the search industry</a>.

What year would be complete without the usual headline of the MPAA <a href=http://www.zeropaid.com/news/87388/mpaa-enjoys-record-breaking-profits-again/ target=_blank>enjoying record breaking profits again</a>?  Even better, the MPAA made profit records not once, but <a href=http://www.zeropaid.com/news/87466/mpaa-enjoys-even-more-record-breaking-profits/ target=_blank>twice</a>.

<strong>To 2010 and Beyond!</strong>

Where things go from here is unknown.  Will 2010 be just as eventful?  That much is unknown, but if the past is anything to go by, chances are, many things will happen this year in the world of p2p and tech as well.  For now, keep tuned in to ZeroPaid as we get ready to roll on a brand new year.  It could be a bumpy ride.  We hope you enjoyed the review.  Thanks for reading.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="166" height="200" src="http://www.zeropaid.com/wp-content/uploads/2010/01/2009-01-19-RSobamacover-166x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="2009-01-19-RSobamacover" title="2009-01-19-RSobamacover" /></p><h3>We wrap things up with the last third of 2009.  <a href="http://www.zeropaid.com/news/87487/2009-a-zeropaid-year-in-review-part-1-of-3/" target="_blank">Part one</a>. <a href="http://www.zeropaid.com/news/87489/2009-a-zeropaid-year-in-review-part-2-of-3/" target="_blank">Part 2</a>.</h3>

<strong>September</strong>

September started off with the continuation of the Jammie Thomas trial where Thomas <a href=http://www.zeropaid.com/news/86935/jammie-thomas-challenges-arbitrary-80000-psong-verdict/ target=_blank>appealed her $80,000 fine</a>.  Amongst other arguments, the fine seemed to be arbitrarily selected.

After a ThePirateBay Mixtape of all the songs Joel Tenenbaum was fined for, an RIAA lawyer <a href=http://www.zeropaid.com/news/86949/riaa-member-lawyer-blames-joel-for-thepiratebay-mixtape/ target=_blank>took the unusual step of saying that the mixtape was all Joels fault</a>.

France was, of course, back in the headlines in the month when the French Pirate Party <a href=http://www.zeropaid.com/news/86956/french-pirate-party-has-a-shot-at-winning-a-government-seat/ target=_blank>had a shot at winning a parliamentary seat</a>, further bolstering the international parties success on the international stage.  No doubt, the Pirate Party in that country was able to get some support on the issue of Three Strikes law which, after a few bungled attempts, managed to produce the oddly titled <a href=http://www.zeropaid.com/news/87012/france-passes-three-strikes-law-for-second-time/ target=_blank>"France Passes Three Strikes Law for Second Time"</a>.  Regardless of the French Pirate Party's growing success, it seemed that the inevitable happened where France <a href=http://www.zeropaid.com/news/87058/french-parliament-adopts-final-three-strikes-bill/ target=_blank>adopted their three strikes law</a>.

Tension in Australia over the governments so-called "voluntary-mandatory" internet filter continued when opposition parties <a href=http://www.zeropaid.com/news/86962/aussie-opposition-end-mandatory-internet-filtering-farce/ target=_blank>wanted to end the farce altogether</a>.  In response to some of the criticisms, a minister <a href=http://www.zeropaid.com/news/87039/aussie-minister-i-never-wanted-to-filter-p2p/ target=_blank>said that he never wanted to filter p2p traffic</a>.

More news in Ireland happened when one Irish ISP <a href=http://www.zeropaid.com/news/86945/irish-isp-begins-blocking-the-pirate-bay/ target=_blank>decided to block ThePirateBay</a>.

In the UK, the British government <a href=http://www.zeropaid.com/news/86967/uk-official-on-three-strikes-digital-piracy-the-same-as-physical/ target=_blank>made it official that they supported the three strikes legislation</a>, saying it was an "evolved" plan.  The UK ISPs were <a href=http://www.zeropaid.com/news/86969/uk-isps-blast-new-three-strikes-proposal/ target=_blank>quick to denounce the move</a>.  In a show of even more solidarity against the three strikes law, UK musicians <a href=http://www.zeropaid.com/news/86986/uk-musicians-denounce-three-strikes-proposal/ target=_blank>quickly denounced the three strikes law as well</a>.  In case there were artists still skeptical about those who are against the three strikes law, a UK consultant <a href=http://www.zeropaid.com/news/87004/uk-music-consultant-to-artists-dont-worry-about-piracy/ target=_blank>said that artists shouldn't really worry about internet piracy in the first place</a>.  Distraught by all those artists arguing against a three strikes law in the UK, the major music labels <a href=http://www.zeropaid.com/news/87031/uk-music-industry-group-tries-to-reunite-artists-labels/ target=_blank>tried to argue that all artists were united in supporting a three strikes law</a>.

In a rather humorous and ironic moment in September, Sony BMG faced a near repeat of the lawsuit against it for software piracy in France and were <a href=http://www.zeropaid.com/news/86975/sony-bmg-accused-of-music-piracy-assets-seized/ target=_blank>accused of a textbook definition of music piracy in Mexico</a>.  No doubt the company was once again embarrassed given their stance on piracy in the first place, but it lent credence to the theory that it's often the case that the biggest complainers to a problem are also often the biggest culprits as well.

Doubts continued with the acquisition of ThePirateBay when GGF <a href=http://www.zeropaid.com/news/86992/ggf-stck-delisted-from-swedish-stock-exchange/ target=_blank>was delisted from the Swedish stock exchange</a>.  Keeping ThePirateBay accessible for all was under attack, but one Swedish ISP did <a href=http://www.zeropaid.com/news/87026/swedish-isp-appeals-order-to-block-the-pirate-bay/ target=_blank>appeal a court order to block the website</a>.  Shortly afterwords, GGF, trying to salvage some credibility, <a href=http://www.zeropaid.com/news/87033/ggfs-stock-gets-relisted/ target=_blank>managed to get re-listed in the Swedish stock exchange</a>.  Unfortunately, the news was followed up by even more bad news for the buyer when <a href=http://www.zeropaid.com/news/87036/pirate-bay-buyer-faces-court-over-debt/ target=_blank>they faced court over unpaid debt</a>.  On the legal front, something happened during ThePirateBay trial that few thought was possible, the major record companies and the admins agreed on something - specifically that there were questions to be raised over <a href=http://www.zeropaid.com/news/87054/pirate-bay-record-companies-agree-appeals-court-judge-biased/ target=_blank>a judges affiliation affecting his judgment</a>.  Admins for ThePirateBay later <a href=http://www.zeropaid.com/news/87071/court-spotify-link-makes-pirate-bay-appeal-judge-biased/ target=_blank>appealed the decision that the judge was not biased in his guilty verdict citing even more bias from the three judges on the panel</a>.

The Canadian Pirate Party in September was also able to give us a landmark <a href=http://www.zeropaid.com/news/87003/zeropaid-interviews-the-pirate-party-of-canada/ target=_blank>interview</a> when they were one step closer to becoming an official political party.  By the end of the month, the party <a href=http://www.zeropaid.com/news/87075/canadian-pirate-party-launches-bittorrent-tracker/ target=_blank>launched a BitTorrent tracker to show once again that there are legal uses for BitTorrent among other things</a>.

<strong>October</strong>

October started off with the continued, at least for many observers, circus of the acquisition of ThePirateBay.  After creating a deadline for the acquisition of the BitTorrent site, the deadline <a href=http://www.zeropaid.com/news/87078/pirate-bay-acquisition-deadline-passes-surprise-surprise-again/ target=_blank>came and went without a purchase</a>.  Google also wound up in a bit of controversy when it temporarily removed search results, then <a href=http://www.zeropaid.com/news/87084/google-removes-reinstates-pirate-bay-in-search-results/ target=_blank>re-instated them again</a>.  Then, after, once again, failing to get ThePirateBay removed from the internet, the major entertainment industry corporations <a href=http://www.zeropaid.com/news/87086/hollywood-lawyers-targeting-pirate-bay-isps/ target=_blank>tried to get, what was described as, the websites ISPs ISP to block access to the website</a> - obviously without much success again.  Then, after all the ups and downs, GGF themselves <a href=http://www.zeropaid.com/news/87093/ggf-admits-pirate-bay-deal-uncertain/ target=_blank>finally admitted that the acquisition of ThePirateBay was "uncertain"</a>.  After that fiasco, the legal front for ThePirateBay got even more heated when BREIN was <a href=http://www.zeropaid.com/news/87114/pirate-bay-founder-accuses-anti-p2p-group-of-forgery/ target=_blank>caught forging evidence against the site</a>.  Meanwhile, the trial against ThePirateBay <a href=http://www.zeropaid.com/news/87133/pirate-bay-trial-delayed-until-next-summer/ target=_blank>was delayed until the Summer of 2010</a> - putting a halt on the whole trial, no doubt, to the dismay of the copyright industry.  Meanwhile in the Netherlands, in spite of falsifying evidence against the admins of ThePirateBay, BREIN won <a href=http://www.zeropaid.com/news/87152/dutch-court-rules-against-the-pirate-bay/ target=_blank>a legal victory against the site</a>.  ThePirateBay, after seeing their first sale fall through, <a href=http://www.zeropaid.com/news/87168/pirate-bay-looking-for-new-buyers/ target=_blank>said that they were on the hunt for new buyers</a>.  Legal issues about the site then took a turn against them when a Swedish court said that <a href=http://www.zeropaid.com/news/87169/court-to-pirate-bay-founders-close-site-or-pay-fine/ target=_blank>the site must be shut down or else the admins faced additional fines</a>.

Not satisfied with a three strikes law, the UK music industry <a href=http://www.zeropaid.com/news/87080/uk-music-wants-to-filter-illegitimate-p2p-sites/ target=_blank>demanded that "illegitimate" p2p sites be filtered as well</a>.  Sometime later in the month, a petition surfaced online that would <a href=http://www.zeropaid.com/news/87102/uk-petition-to-legalize-not-for-profit-p2p/ target=_blank>get the government to legalize non-profit P2P activity</a>.  Seems like it was just another sign that UK citizens were unhappy about the governments "evolved" plan as well.  That was not to say the entire government was on board for a three strikes law though as <a href=http://www.zeropaid.com/news/87119/21-uk-mps-oppose-disconnecting-file-sharers/ target=_blank>21 MPs some time later in the month announced their opposition to the three strikes law</a>; they called it a futile attempt to disconnect pirates.  A British ISP also showed further evidence that the three strikes law was ill-conceived by <a href=http://www.zeropaid.com/news/87121/uk-isp-attacks-3-strikes-with-proof-wi-fi-piggybacking-easy/ target=_blank>showing just how easy it was to piggy-back WiFi</a>.  Ideologies also collided in the country when the major music business argued that <a href=http://www.zeropaid.com/news/87128/pirate-party-clashes-with-music-industry-boss/ target=_blank>The Pirate Party's idea of a 5 year copyright term would undermine the whole industry</a>.  The three strikes debate then roared back in to headlines when a poll conducted with Open Rights Group suggested that <a href=http://www.zeropaid.com/news/87135/uk-poll-73-say-3-strikes-would-harm-use-of-vital-services/ target=_blank>73% of British citizens believed that a three strikes law would harm use of vital services</a> - as if there needed to be more evidence on how many people oppose the law, but further proof was there.  It seemed that something happened within the government - whether it was public pressure or France having to legislate that the third strike would be issued by a judge is unclear - as they said that <a href=http://www.zeropaid.com/news/87138/uk-govt-file-sharers-wont-be-disconnected-willy-nilly/ target=_blank>a third strike would be issued by a judge</a>.  That didn't stop Britain'ss top spies from <a href=http://www.zeropaid.com/news/87150/uk-cops-spies-blast-3-strikes/ target=_blank>denouncing the three strikes law</a> because they argued that it would fuel online anonymity, thus making it harder to spy on people over the internet.  Opposition only continued to mount against the three strikes law when <a href=http://www.zeropaid.com/news/87158/uk-dig-britain-mp-internet-is-an-essential-service/ target=_blank>MPs argued that an internet connection is considered an essential service</a>.

Spain made it into the headlines again in October when <a href=http://www.zeropaid.com/news/87100/spanish-govt-to-establish-anti-p2p-commission/ target=_blank>the government was set to establish an anti-p2p commission</a>.

France, of course, was also in the headlines, but the first headline of the month to come out of the country was definitely an ironic one.  The story described the French presidency <a href=http://www.zeropaid.com/news/87107/french-presidency-accused-of-bootlegging-dvd/ target=_blank>accused of pirating a DVD</a>.  This would make the governing party a repeat copyright infringer of all things.  Nothing much happened for a while though until later that month when France's top court <a href=http://www.zeropaid.com/news/87146/frances-top-court-oks-3-strikes/ target=_blank>approved</a> of the modified three strikes law where the third strike would be issued by a judge.

In the US, there was finally a resolution for ASCAPs controversial attempt to get performance royalties for ring tones.  A judge killed the attempt by ruling that a ring tone is <a href=http://www.zeropaid.com/news/87123/judge-ringtone-not-a-public-performance/ target=_blank>not a public performance</a>.

The whole European Union also made headlines in October when they stunningly did an about-face and <a href=http://www.zeropaid.com/news/87160/eu-parliament-gives-ok-to-disconnect-file-sharers/ target=_blank>gave an OK to disconnect alleged file-sharers</a>.

<strong>November</strong>

November started rather differently with a story that seemed to have eluded headlines for a while - ACTA.  It was revealed that <a href=http://www.zeropaid.com/news/87211/anti-piracy-treaty-global-dmca-three-strikes/ target=_blank>ACTA would bring in a global DMCA and a three strikes law</a>.  After facing severe pressure all around the world to have ACTA transparent once and for all, the MPAA hit the panic button and <a href=http://www.zeropaid.com/news/87285/mpaa-dismisses-demand-for-copyright-treaty-transparency-as-distraction/ target=_blank>said that criticisms about ACTAs transparency were merely a "distraction"</a>.  Later on, an additional leak from the elusive treaty <a href=http://www.zeropaid.com/news/87310/leak-confirms-acta-is-as-bad-as-feared/ target=_blank>confirmed everyone's worst fears</a>.

Spain's government said that they <a href=http://www.zeropaid.com/news/87215/spanish-culture-minister-no-3-strikes-for-file-sharers/ target=_blank>wouldn't implement a three strikes law</a>.

Norway made headlines when a court ruled that ISPs <a href=http://www.zeropaid.com/news/87216/norway-court-denies-request-to-block-the-pirate-bay/ target=_blank>couldn't be forced to block ThePirateBay</a>.  Sometime later, startling news emerged when an artist was told <a href=http://www.zeropaid.com/news/87293/norwegian-royalty-group-you-cant-upload-own-music-to-pirate-bay/ target=_blank>by a royalty group that they were forbidden from uploading their own work to ThePirateBay</a>.

Interestingly enough, the United Nations also weighed in on the copyright debate by saying that <a href=http://www.zeropaid.com/news/87241/un-dont-jail-illegal-file-sharers/ target=_blank>jailing teenagers for p2p was not the answer</a>.

After managing to get a three strikes law in place, South Korea's copyright industry said that <a href=http://www.zeropaid.com/news/87243/south-korean-copyright-groups-demand-p2p-site-filters-or-else/ target=_blank>p2p must be filtered</a>.

ThePirateBay made headlines pretty much every month of the year so far, and November was no exception.  After the ISPs ISP of ThePirateBay was ordered to shut off access to the site, that entity then <a href=http://www.zeropaid.com/news/87252/former-pirate-bay-isp-appeals-bandwidth-shutoff-order/ target=blank>appealed the order</a>.  Shortly afterwords, a monumental shift from within the site occurred where all torrents were dropped completely and p2p users were directed to <a href=http://www.zeropaid.com/news/87259/pirate-bay-drops-trackers-converts-to-magnet-links/ target=_blank>magnet links instead</a> (which were compatible with all the popular clients by that time).

MiniNova also made headlines when <a href=http://www.zeropaid.com/news/87303/mininova-goes-legit/ target=_blank>it announced that they were going legit</a>.  User then left the site for more <a href=http://www.zeropaid.com/news/87305/5-alternatives-to-mininova/ target=_blank>attractive alternatives</a>.

ISOHunt also made headlines when it <a href=http://www.zeropaid.com/news/87313/isohunt-files-claim-against-cria-with-bc-supreme-court/ target=_blank>filed claims against CRIA in self defense</a>.

Meanwhile, in the UK, a very symbolic study was released which <a href=http://www.zeropaid.com/news/87267/study-artists-earn-more-in-ap2p-world/ target=_blank>showed</a> that artists made more money in a p2p world.  It also showed that record labels may be the only entities in the entire business that were actually losing money.  Shortly after the study was released, the UK government appeared to be bolder by modifying their three strike law plan and <a href=http://www.zeropaid.com/news/87274/uk-govt-plans-2-strikes-for-file-sharers-instead-of-3/ target=_blank>turning it into a two strikes law</a>.  British ISPs understandably raised more concern by saying that these types of laws <a href=http://www.zeropaid.com/news/87291/uk-isps-concerned-p2p-crackdown-will-undermine-digital-economy/ target=_blank>would undermine the digital economy in Britain</a>.

In the US, <a href=http://www.zeropaid.com/news/87296/fox-films-we-should-disconnect-file-sharers-like-france/ target=_blank>Fox</a> argued that the US should disconnect file-sharers just like France (with their three strikes law where a judge orders the third and final disconnection).

<strong>December</strong>

The year is almost out, but just because the year is wrapping up doesn't mean the news would do the same thing.

In Spain, the copyright wars started to really heat up when the Spanish government <a href=http://www.zeropaid.com/news/87324/battle-over-copyright-law-reform-heats-up-in-spain/ target=_blank>signaled that it planned on toughening up copyright laws</a>.  Late in the month, Spain mulled <a href=http://www.zeropaid.com/news/87475/spain-mulls-shuttering-p2p-sites-without-a-court-order/ target=_blank>shutting down P2P sites without a court order</a>.

In the UK, copyright issues remained red hot when tech giants <a href=http://www.zeropaid.com/news/87325/uk-internet-giants-want-digital-britain-revisions/ target=_blank>urged the government to remove a clause in the reform that would force spying on users even if no illegal activity was occurring</a>.  British ISPs, in the mean time, reaffirmed that they were <a href=http://www.zeropaid.com/news/87327/uk-isp-association-criticizes-three-strikes-plan-again/ target=_blank>against the proposed three strikes law</a>.  Adding fuel to the fire, it was discovered that the UKs three strikes law would cost <a href=http://www.zeropaid.com/news/87471/uk-three-strikes-to-cost-consumers-800-million-pyr/ target=_blank>$800 Million per year</a>.

France, in the mean time, made headlines again.  For a third time, <a href=http://www.zeropaid.com/news/87426/french-pres-party-caught-infringing-copyright-once-again/ target=_blank>France's governing party was caught infringing on copyrighted material</a>.  Many observers argued that maybe the French governing party should be disconnected from the internet considering that they were busted a third time for copyright infringement.

ACTA also made headlines when one ambassador implausibly argued that <a href=http://www.zeropaid.com/news/87331/us-trade-ambassador-complex-anti-piracy-treaty-details-prevent-transparency/ target=_blank>people would walk away from the table if ACTA were to be divulged</a>.  Of course, the controversy surrounding the so-called agreement <a href=http://www.zeropaid.com/news/87381/new-acta-coalition-launches-in-new-zealand/ target=_blank>sparked a coalition in New Zealand which aimed to disseminate information about the negotiation and the agreement</a>.  Coincidentally, after a few days, New Zealand political parties <a href=http://www.zeropaid.com/news/87407/a-new-zealand-political-party-wants-answers-on-acta/ target=_blank>demanded answers on ACTA</a>.

New Zealand made headlines for other reasons - like their three strikes law <a href=http://www.zeropaid.com/news/87412/new-zealand-three-strikes-law-moves-ahead/ target=_blank>moving ahead for instance</a>. 

Canada made it into headlines in the biggest way it could.  CRIA, an arm of the RIAA, was <a href=http://www.zeropaid.com/news/87340/canadian-music-industry-faces-6-billion-copyright-infringement-trial/ target=_blank>sued for a historic $6 Billion in damages for not paying artists for selling their music</a>.   Regardless of the fact that the case was merely filed, the damage was very apparent with pretty much whatever credibility they had left on copyright related issues pretty much <a href=http://www.zeropaid.com/news/87347/can-cria-recover-from-the-largest-copyright-infringment-case-in-canadian-history/ target=_blank>eradicated</a>.  It was news that was so big, the owner of a record store wondered <a href=http://www.zeropaid.com/news/87413/damage-of-crias-6-billion-lawsuit-felt-in-anti-piracy-operation/ target=_blank>why he was being investigated for piracy for having a mere couple hundred CDs without bar codes while CRIA, an "expert witness", stood accused of pirating hundreds of thousands of works</a>.  That didn't stop <a href=http://www.zeropaid.com/news/87414/canada-and-the-eu-secretly-negotiating-one-strike-policy/ target=_blank>CETA, another ACTA essentially, from rearing its ugly head though</a>.

Australia made headlines again in December over, you guessed it, it's controversial filtering plan.  This time, the Australian government <a href=http://www.zeropaid.com/news/87402/aussie-govt-reveals-plans-to-filter-the-internet/ target=_blank>revealed their plans for internet filtering</a>.  Unfortunately, the Christian lobby signaled that the filtering plan <a href=http://www.zeropaid.com/news/87404/aussie-christian-lobby-wants-x-r-rated-content-filtered-too/ target=_blank>didn't go far enough</a>.  Sometime later, a parody news site <a href=http://www.zeropaid.com/news/87422/parody-of-conroys-controversial-australian-filtering-plan-surfaces/ target=_blank>made a very humorous article making fun of the Australian governments attempt to filter the internet</a>.

China also made headlines in December when it <a href=http://www.zeropaid.com/news/87345/china-shutters-bittorrent-sites-over-porn-copyrighted-material/ target=_blank>shut down BitTorrent sites allegedly over porn</a>. 

In the Netherlands, BREIN attempted to ban <a href=http://www.zeropaid.com/news/87372/dutch-anti-piracy-group-trying-to-ban-usenet-discussions/ target=_blank>UseNet discussions claiming that what went on in UseNet was simply criminal</a>.

Israel made headlines interestingly enough.  Apparently, the most comprehensive study on the subject <a href=http://www.zeropaid.com/news/87392/new-study-concludes-that-yes-israeli-isps-throttle-p2p/ target=_blank>concluded that Israeli ISPs do, in fact, throttle p2p</a>.  The revelation sparked officials to note that the ISPs <a href=http://www.zeropaid.com/news/87395/israeli-isps-could-face-lawsuit-over-p2p-interference/ target=_blank>could face legal action for the activity</a>.

Chile made headlines in December when it <a href=http://www.zeropaid.com/news/87469/chile-resists-us-pressure-rejects-isp-filtering/ target=_blank>resisted American calls to filter the internet</a>.

Back overseas to the US, <a href=http://www.zeropaid.com/news/87400/entertainment-industry-heads-to-wh-to-discuss-piracy/ target=_blank>major copyright industry representatives decided to meet with White House officials to discuss copyright issues</a>.  After much criticism, the MPAA were forced onto the defencive.  The MPAA <a href=http://www.zeropaid.com/news/87430/mpaa-defends-wh-piracy-discussion/ target=_blank>answered criticism that they were secretly negotiating without all stakeholders involved by saying that anyone could set up a meeting with US reps too if they so desired</a>.  Interestingly enough, an American court also ruled that Canadian site ISOHunt <a href=http://www.zeropaid.com/news/87481/us-court-finds-isohunt-liable-for-copyright-infringement/ target=_blank>was liable for copyright infringement</a>.  How that affects things for the site overall is unclear.

The Joel Tenenbaum case made headlines, though people's viewpoints had since changed.  While the Harvard law professor <a href=http://www.zeropaid.com/news/87365/harvard-prof-to-appeal-file-sharing-trial-under-fair-use-claims/ target=_blank>appealed the case</a> questions were being raised on his performance in the trial.  Quite a change considering that toward the beginning, many considered the lawyer and professor a hero - that viewpoint has since started to waiver.

Google was caught up in another copyright case.  It seems that having a formal DMCA system where if a result contained infringing material, rights holders can request that the results be removed.  Apparently, that wasn't enough for one record label which <a href=http://www.zeropaid.com/news/87370/record-label-sues-google-microsoft-for-copyright-infringement/ target=_blank>sued the search giant for copyright infringement along with several other companies in the search industry</a>.

What year would be complete without the usual headline of the MPAA <a href=http://www.zeropaid.com/news/87388/mpaa-enjoys-record-breaking-profits-again/ target=_blank>enjoying record breaking profits again</a>?  Even better, the MPAA made profit records not once, but <a href=http://www.zeropaid.com/news/87466/mpaa-enjoys-even-more-record-breaking-profits/ target=_blank>twice</a>.

<strong>To 2010 and Beyond!</strong>

Where things go from here is unknown.  Will 2010 be just as eventful?  That much is unknown, but if the past is anything to go by, chances are, many things will happen this year in the world of p2p and tech as well.  For now, keep tuned in to ZeroPaid as we get ready to roll on a brand new year.  It could be a bumpy ride.  We hope you enjoyed the review.  Thanks for reading.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
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