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	<title>ZeroPaid.com &#187; riaa</title>
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		<title>RIAA&#8217;s VP of Strategic Data Analysis Issues Statement On Megaupload Shutdown</title>
		<link>http://www.zeropaid.com/news/98197/riaa-vp-of-strategic-data-analysis-issues-statement-on-megaupload-shutdown/</link>
		<comments>http://www.zeropaid.com/news/98197/riaa-vp-of-strategic-data-analysis-issues-statement-on-megaupload-shutdown/#comments</comments>
		<pubDate>Thu, 26 Jan 2012 01:46:19 +0000</pubDate>
		<dc:creator>Jon Kaykin</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[file sharing]]></category>
		<category><![CDATA[internet]]></category>
		<category><![CDATA[limewire]]></category>
		<category><![CDATA[megaupload]]></category>
		<category><![CDATA[p2p]]></category>
		<category><![CDATA[piracy]]></category>
		<category><![CDATA[privacy]]></category>
		<category><![CDATA[riaa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=98197</guid>
		<description><![CDATA[<p><img width="200" height="127" src="http://www.zeropaid.com/wp-content/uploads/2012/01/riaa-200x127.jpg" class="attachment-post-thumbnail wp-post-image" alt="riaa" title="riaa" /></p><strong>RIAA's VP of Strategic Data Analysis believes that the shutdown of Megaupload and other P2P file sharing sites is mandatory and will decrease file sharing. Truthfully, it will upset many.</strong>

<strong></strong>Megaupload's <a href="http://megaupload.com/">shutdown</a> by the Justice Department has caused a lot of controversy regarding piracy and whether file sharing sites like Megaupload should exist. One of the major supporters of the shutdown was the Recording Industry Association of America, naturally because they handle copyrighted music and want to make sure that no "unauthorized content including music, movies, and other copyrighted works" is shared. The shutdown led the RIAA's Vice President, of Strategic Data Analysis, Josh P. Friedlander, to issue a statement on their blog, titled <em>Why Closing Megaupload Matters. </em>

Although, the post is aimed towards Megaupload, it mainly points out why they believe closing P2P services is important, alluding to <a href="http://www.google.com/url?q=http://www.zeropaid.com/news/91170/limewire-ordered-to-shutdown-p2p-program/&amp;sa=U&amp;ei=fa8gT7-wG-HciQLOk93hBw&amp;ved=0CAgQFjAC&amp;client=internal-uds-cse&amp;usg=AFQjCNE7fszarRLVTZY6keuHRYGFn-srqQ">Limewire's shutdown</a>. Supposedly, the shutdown of Limewire, according to the NPD group, <a href="https://www.npd.com/press/releases/press_110323.html">decreases</a> the use of P2P file sharing but really, with all the P2P file sharing sites out there, I find it hard to believe there is a decline in use.

Friedlander also points out, "Digital music sales that had been flagging jumped in the month immediately after the Limewire shutdown, and have remained stronger ever since (note that while the Beatles did go on iTunes in November of 2010, they only account for a small portion of that sales increase, and current music sales went up even more than catalog).

When Billboard looked at the data after the Limewire shutdown it said “The spike in sales was immediate, noticeable and lasting." A chart of the sales spikes in 2011 can be seen below.

<img class="alignnone" src="http://blog.nielsen.com/nielsenwire/wp-content/uploads/2011/05/digital-tracks-yoy.png" alt="" width="298" height="424" />

While this evidence may support the shutdown of P2P file sharing sites, the problem is that it doesn't matter. Shutting down these sites will not, as Friedlander says, "encourage users to go to legitimate sites," rather it will make them upset and angry, as in the case of Pirates of Catalonia, a political party in Catalonia that supports intellectual property reform, open access to culture and knowledge, transparency and Direct Democracy.

They have <a href="http://megaupload.pirata.cat/" target="_blank">announced</a> a collective civil action in Spain against the FBI because the shutdown has caused many users to lose files containing personal information and this may have violated Articles 197 and 198 of the Spanish Penal Code. It's understandable that many artists (and there record labels) want to be compensated for their hard work but in the case of many Megaupload users who lost their important personal files, action against the unlawful seizure of those files must be taken.

Many have spoken out regarding the shutdown of Megaupload and many P2P file sharing sites such as Filesonic, Fileserve, FileJungle, UploadStation, 4shared, VideoBB, VideoZer, UploadBox, and Uploaded.to have shutdown their services to the U.S.

As I stated above, regardless of the shutdowns, people will continue to use P2P file sharing sites and they will collectively rise up to keep the sites around.

See Also: <a href="http://www.zeropaid.com/news/91199/10-alternatives-to-limewire/">10 Alternatives to LimeWire</a>

<em>Jon@zeropaid.com | @jkaykin</em>]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="127" src="http://www.zeropaid.com/wp-content/uploads/2012/01/riaa-200x127.jpg" class="attachment-post-thumbnail wp-post-image" alt="riaa" title="riaa" /></p><strong>RIAA's VP of Strategic Data Analysis believes that the shutdown of Megaupload and other P2P file sharing sites is mandatory and will decrease file sharing. Truthfully, it will upset many.</strong>

<strong></strong>Megaupload's <a href="http://megaupload.com/">shutdown</a> by the Justice Department has caused a lot of controversy regarding piracy and whether file sharing sites like Megaupload should exist. One of the major supporters of the shutdown was the Recording Industry Association of America, naturally because they handle copyrighted music and want to make sure that no "unauthorized content including music, movies, and other copyrighted works" is shared. The shutdown led the RIAA's Vice President, of Strategic Data Analysis, Josh P. Friedlander, to issue a statement on their blog, titled <em>Why Closing Megaupload Matters. </em>

Although, the post is aimed towards Megaupload, it mainly points out why they believe closing P2P services is important, alluding to <a href="http://www.google.com/url?q=http://www.zeropaid.com/news/91170/limewire-ordered-to-shutdown-p2p-program/&amp;sa=U&amp;ei=fa8gT7-wG-HciQLOk93hBw&amp;ved=0CAgQFjAC&amp;client=internal-uds-cse&amp;usg=AFQjCNE7fszarRLVTZY6keuHRYGFn-srqQ">Limewire's shutdown</a>. Supposedly, the shutdown of Limewire, according to the NPD group, <a href="https://www.npd.com/press/releases/press_110323.html">decreases</a> the use of P2P file sharing but really, with all the P2P file sharing sites out there, I find it hard to believe there is a decline in use.

Friedlander also points out, "Digital music sales that had been flagging jumped in the month immediately after the Limewire shutdown, and have remained stronger ever since (note that while the Beatles did go on iTunes in November of 2010, they only account for a small portion of that sales increase, and current music sales went up even more than catalog).

When Billboard looked at the data after the Limewire shutdown it said “The spike in sales was immediate, noticeable and lasting." A chart of the sales spikes in 2011 can be seen below.

<img class="alignnone" src="http://blog.nielsen.com/nielsenwire/wp-content/uploads/2011/05/digital-tracks-yoy.png" alt="" width="298" height="424" />

While this evidence may support the shutdown of P2P file sharing sites, the problem is that it doesn't matter. Shutting down these sites will not, as Friedlander says, "encourage users to go to legitimate sites," rather it will make them upset and angry, as in the case of Pirates of Catalonia, a political party in Catalonia that supports intellectual property reform, open access to culture and knowledge, transparency and Direct Democracy.

They have <a href="http://megaupload.pirata.cat/" target="_blank">announced</a> a collective civil action in Spain against the FBI because the shutdown has caused many users to lose files containing personal information and this may have violated Articles 197 and 198 of the Spanish Penal Code. It's understandable that many artists (and there record labels) want to be compensated for their hard work but in the case of many Megaupload users who lost their important personal files, action against the unlawful seizure of those files must be taken.

Many have spoken out regarding the shutdown of Megaupload and many P2P file sharing sites such as Filesonic, Fileserve, FileJungle, UploadStation, 4shared, VideoBB, VideoZer, UploadBox, and Uploaded.to have shutdown their services to the U.S.

As I stated above, regardless of the shutdowns, people will continue to use P2P file sharing sites and they will collectively rise up to keep the sites around.

See Also: <a href="http://www.zeropaid.com/news/91199/10-alternatives-to-limewire/">10 Alternatives to LimeWire</a>

<em>Jon@zeropaid.com | @jkaykin</em>]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/98197/riaa-vp-of-strategic-data-analysis-issues-statement-on-megaupload-shutdown/feed/</wfw:commentRss>
		<slash:comments>2</slash:comments>
		</item>
		<item>
		<title>Judge Slashes Jammie Thomas Fine to $54,000</title>
		<link>http://www.zeropaid.com/news/94669/judge-slashes-jammie-thomas-fine-to-54000/</link>
		<comments>http://www.zeropaid.com/news/94669/judge-slashes-jammie-thomas-fine-to-54000/#comments</comments>
		<pubDate>Tue, 26 Jul 2011 09:57:25 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[court]]></category>
		<category><![CDATA[file sharing]]></category>
		<category><![CDATA[infringement]]></category>
		<category><![CDATA[Jammie Thomas]]></category>
		<category><![CDATA[judgement]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[Music]]></category>
		<category><![CDATA[p2p]]></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=94669</guid>
		<description><![CDATA[<p><img width="152" height="200" src="http://www.zeropaid.com/wp-content/uploads/2009/09/JammieThomas.jpg" class="attachment-post-thumbnail wp-post-image" alt="downloading music" title="downloading music" /></p><h3>The case is at least 4 years old now, but that doesn't mean it's over.  Jammie Thomas trial was described as a "first of its kind" trials where a file-sharer was sued for sharing music in the US.  Now, a new development has unfolded in this long-running trial which may very likely be seen as a major blow to the RIAA (Recording Industry Association of America).</h3>

If you are caught sharing music on a P2P file-sharing network, and you go to court and lose, what exactly should the fine be?  Citing the minimum and maximum statutory damages doesn't count, the court needs a specific amount.  That's become the real hitch for the court system for a very long time now.  How does one prove an exact dollar amount that fits the crime of non-commercial infringement?  The reality is, and that's been abundantly clear in this case, there is no solid argument to prove that the non-commercial file-sharing causes "x" amount of dollars in damage.

In 2009, Jammie Thomas was <a href=http://www.zeropaid.com/news/86457/jammie-thomas-fined-1-92-million-for-sharing-24-songs/ target=_blank>fined $1.92 million for sharing 24 songs</a>.  The fine was not satisfactory for all parties in the case and Thomas <a href=http://www.zeropaid.com/news/86583/no-deal-jammie-thomas-to-appeal-1-92-million-fine/ target=_blank>appealed</a>.  The question of how much the fine should be has haunted the courts ever since.

Recently, the EFF <a href=https://www.eff.org/deeplinks/2011/07/judge-slashes-p2p-award-again-capitol-v-thomas target=_blank>pointed to the latest ruling</a> in the landmark trial, citing the following in the judge's ruling:

<blockquote>[A]n award of $1.5 million for stealing and distributing 24 songs for personal use is appalling. Such an award is so severe and oppressive as to be wholly disproportioned to the offense and obviously unreasonable. In this particular case, involving a first‑time willful, consumer infringer of limited means who committed illegal song file‑sharing for her own personal use, an award of $2,250 per song, for a total award of $54,000, is the maximum award consistent with due process.</blockquote>

It is unclear if the RIAA will appeal this decision and further drag out this case.  Major rights holders are pushing to <a href=http://www.zeropaid.com/news/94425/protect-ip-would-destabilize-internet-security-consultants-warn/ target=_blank>censor the internet to the detriment of internet and national security</a> instead among other things, so the file-sharing lawsuits have really become an outdated practice - even to the record labels by now given their different (flawed) approach to the internet these days.

So, whether or not the RIAA will cut their losses at this point or vow to fight on remains to be seen.

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="152" height="200" src="http://www.zeropaid.com/wp-content/uploads/2009/09/JammieThomas.jpg" class="attachment-post-thumbnail wp-post-image" alt="downloading music" title="downloading music" /></p><h3>The case is at least 4 years old now, but that doesn't mean it's over.  Jammie Thomas trial was described as a "first of its kind" trials where a file-sharer was sued for sharing music in the US.  Now, a new development has unfolded in this long-running trial which may very likely be seen as a major blow to the RIAA (Recording Industry Association of America).</h3>

If you are caught sharing music on a P2P file-sharing network, and you go to court and lose, what exactly should the fine be?  Citing the minimum and maximum statutory damages doesn't count, the court needs a specific amount.  That's become the real hitch for the court system for a very long time now.  How does one prove an exact dollar amount that fits the crime of non-commercial infringement?  The reality is, and that's been abundantly clear in this case, there is no solid argument to prove that the non-commercial file-sharing causes "x" amount of dollars in damage.

In 2009, Jammie Thomas was <a href=http://www.zeropaid.com/news/86457/jammie-thomas-fined-1-92-million-for-sharing-24-songs/ target=_blank>fined $1.92 million for sharing 24 songs</a>.  The fine was not satisfactory for all parties in the case and Thomas <a href=http://www.zeropaid.com/news/86583/no-deal-jammie-thomas-to-appeal-1-92-million-fine/ target=_blank>appealed</a>.  The question of how much the fine should be has haunted the courts ever since.

Recently, the EFF <a href=https://www.eff.org/deeplinks/2011/07/judge-slashes-p2p-award-again-capitol-v-thomas target=_blank>pointed to the latest ruling</a> in the landmark trial, citing the following in the judge's ruling:

<blockquote>[A]n award of $1.5 million for stealing and distributing 24 songs for personal use is appalling. Such an award is so severe and oppressive as to be wholly disproportioned to the offense and obviously unreasonable. In this particular case, involving a first‑time willful, consumer infringer of limited means who committed illegal song file‑sharing for her own personal use, an award of $2,250 per song, for a total award of $54,000, is the maximum award consistent with due process.</blockquote>

It is unclear if the RIAA will appeal this decision and further drag out this case.  Major rights holders are pushing to <a href=http://www.zeropaid.com/news/94425/protect-ip-would-destabilize-internet-security-consultants-warn/ target=_blank>censor the internet to the detriment of internet and national security</a> instead among other things, so the file-sharing lawsuits have really become an outdated practice - even to the record labels by now given their different (flawed) approach to the internet these days.

So, whether or not the RIAA will cut their losses at this point or vow to fight on remains to be seen.

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/94669/judge-slashes-jammie-thomas-fine-to-54000/feed/</wfw:commentRss>
		<slash:comments>6</slash:comments>
		</item>
		<item>
		<title>Turntable.fm Edges Closer to Legitimacy, Gets Licensed by ASCAP</title>
		<link>http://www.zeropaid.com/news/94512/turntable-fm-edges-closer-to-legitimacy-gets-licensed-by-ascap/</link>
		<comments>http://www.zeropaid.com/news/94512/turntable-fm-edges-closer-to-legitimacy-gets-licensed-by-ascap/#comments</comments>
		<pubDate>Thu, 21 Jul 2011 15:12:34 +0000</pubDate>
		<dc:creator>Jared Moya</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[ascap]]></category>
		<category><![CDATA[riaa]]></category>
		<category><![CDATA[turntable.fm]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=94512</guid>
		<description><![CDATA[<p><img width="200" height="171" src="http://www.zeropaid.com/wp-content/uploads/2011/07/2007_08_arts_ascap-200x171.jpg" class="attachment-post-thumbnail wp-post-image" alt="2007_08_arts_ascap" title="2007_08_arts_ascap" /></p><h3>The revolutionary <a href="http://www.zeropaid.com/links/streaming-music/">social music</a> platform edges closer to legitimacy by striking a licensing deal with the American Society of Composers, Authors and Publishers, but will the RIAA still manage to kill anything that smacks of innovation?</h3>
<a title="turntable.fm" href="http://www.zeropaid.com/links/streaming-music/turntable-fm/">Turntable.fm</a> has been all the rage these days, giving music fans an opportunity to play DJ for a day or simply sit and back and listen to others spin some tunes. It's popularity has grown to the point that the music industry is starting to take notice, and so users of the site have had to live with the reality that the copyright cops could storm the joint at any moment.

That's why today's news is so noteworthy: Turntable.fm is now licensed by the American Society of Composers, Authors and Publishers.

"We are pleased to announce that Turntable.fm is licensed by ASCAP," <a href="http://wecreatemusic.ascap.com/wecreatemusic/post/2011/07/20/Hot-New-Music-Site-Turntablefm-Is-Licensed-by-ASCAP.aspx">said</a> ASCAP. "It’s great to see a tech start-up securing an ASCAP license from the outset, ensuring that songwriters, composers and publishers will be paid fairly if the site succeeds. Every song begins with the songwriter, and those songwriters must be able to make a living in the Internet age."

What about the RIAA?

Turntable.fm CEO Billy Chasen <a href="http://allthingsd.com/20110621/turntable-fm-really-is-awesome-is-it-legal/">has said</a> in the past that he believes the site is protected by the Digital Millennium Copyright Act (DMCA) because it's a "non-interactive," that it's basically a streaming music service like Last.fm or Pandora because users can't pick and choose what songs they want to play.

This deal with ASCAP could finally lend Turntable.fm the legitimacy it needs and bring the site out of beta (it's currently limited to already invited Facebook friends). Though this hinges on the RIAA deciding not to pursue a sue first ask questions later philosophy.

Even ASCAP has recognized that Turntable.fm gives "artists and labels a dynamic new way to interact with fans and promote their music" so lets hope record labels see things the same way.

In the meantime, see you in the <a href="http://turntable.fm/indie_chillacoustic5">Indie Chill/Acoustic room</a> listening to fellow music fans spinning some cool tracks.

Stay tuned.

<em>jared@zeropaid.com</em>

____________
<p style="text-align: center;"><a href="http://www.zeropaid.com/news/94512/turntable-fm-edges-closer-to-legitimacy-gets-licensed-by-ascap/turntable/" rel="attachment wp-att-94514"><img class="aligncenter size-full wp-image-94514" title="turntable" src="http://www.zeropaid.com/wp-content/uploads/2011/07/turntable.png" alt="" width="485" height="450" /></a></p>]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="171" src="http://www.zeropaid.com/wp-content/uploads/2011/07/2007_08_arts_ascap-200x171.jpg" class="attachment-post-thumbnail wp-post-image" alt="2007_08_arts_ascap" title="2007_08_arts_ascap" /></p><h3>The revolutionary <a href="http://www.zeropaid.com/links/streaming-music/">social music</a> platform edges closer to legitimacy by striking a licensing deal with the American Society of Composers, Authors and Publishers, but will the RIAA still manage to kill anything that smacks of innovation?</h3>
<a title="turntable.fm" href="http://www.zeropaid.com/links/streaming-music/turntable-fm/">Turntable.fm</a> has been all the rage these days, giving music fans an opportunity to play DJ for a day or simply sit and back and listen to others spin some tunes. It's popularity has grown to the point that the music industry is starting to take notice, and so users of the site have had to live with the reality that the copyright cops could storm the joint at any moment.

That's why today's news is so noteworthy: Turntable.fm is now licensed by the American Society of Composers, Authors and Publishers.

"We are pleased to announce that Turntable.fm is licensed by ASCAP," <a href="http://wecreatemusic.ascap.com/wecreatemusic/post/2011/07/20/Hot-New-Music-Site-Turntablefm-Is-Licensed-by-ASCAP.aspx">said</a> ASCAP. "It’s great to see a tech start-up securing an ASCAP license from the outset, ensuring that songwriters, composers and publishers will be paid fairly if the site succeeds. Every song begins with the songwriter, and those songwriters must be able to make a living in the Internet age."

What about the RIAA?

Turntable.fm CEO Billy Chasen <a href="http://allthingsd.com/20110621/turntable-fm-really-is-awesome-is-it-legal/">has said</a> in the past that he believes the site is protected by the Digital Millennium Copyright Act (DMCA) because it's a "non-interactive," that it's basically a streaming music service like Last.fm or Pandora because users can't pick and choose what songs they want to play.

This deal with ASCAP could finally lend Turntable.fm the legitimacy it needs and bring the site out of beta (it's currently limited to already invited Facebook friends). Though this hinges on the RIAA deciding not to pursue a sue first ask questions later philosophy.

Even ASCAP has recognized that Turntable.fm gives "artists and labels a dynamic new way to interact with fans and promote their music" so lets hope record labels see things the same way.

In the meantime, see you in the <a href="http://turntable.fm/indie_chillacoustic5">Indie Chill/Acoustic room</a> listening to fellow music fans spinning some cool tracks.

Stay tuned.

<em>jared@zeropaid.com</em>

____________
<p style="text-align: center;"><a href="http://www.zeropaid.com/news/94512/turntable-fm-edges-closer-to-legitimacy-gets-licensed-by-ascap/turntable/" rel="attachment wp-att-94514"><img class="aligncenter size-full wp-image-94514" title="turntable" src="http://www.zeropaid.com/wp-content/uploads/2011/07/turntable.png" alt="" width="485" height="450" /></a></p>]]></content:encoded>
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		<slash:comments>1</slash:comments>
		</item>
		<item>
		<title>Law Professors Line Up to Oppose the PROTECT IP Act</title>
		<link>http://www.zeropaid.com/news/94131/law-professors-line-up-to-oppose-the-protect-ip-act/</link>
		<comments>http://www.zeropaid.com/news/94131/law-professors-line-up-to-oppose-the-protect-ip-act/#comments</comments>
		<pubDate>Tue, 05 Jul 2011 14:46:42 +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[legal]]></category>
		<category><![CDATA[open letter]]></category>
		<category><![CDATA[PROTECT IP]]></category>
		<category><![CDATA[PROTECT IP Act]]></category>
		<category><![CDATA[riaa]]></category>
		<category><![CDATA[us]]></category>
		<category><![CDATA[usa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=94131</guid>
		<description><![CDATA[<p><img width="200" height="105" src="http://www.zeropaid.com/wp-content/uploads/2009/07/United_States-Flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="United_States Flag_crop" title="United_States Flag_crop" /></p><h3>The PROTECT IP Act, the legislation that would erect <a href=http://www.zeropaid.com/news/93562/senate-judiciary-committee-approves-plan-to-filter-the-internet/ target=_blank>the "Great Firewall of America"</a> has had been building increasing resistance from the American people.  Recently, ninety law professors have signed a letter opposing the legislation.</h3>

The RIAA <a href=http://www.zeropaid.com/news/94073/riaa-anonymous-lulzsec-hacks-prove-need-for-protect-ip-act/ target=_blank>may have made a red herring argument that hacktivist groups are reason enough to push for the PROTECT IP act</a> but there are many that refuse to accept government mandated censorship in the US.  That includes a growing number of law professors who <a href=http://volokh.com/2011/07/04/and-speaking-of-the-inalienable-right-to-the-pursuit-of-happiness/ target=_blank>signed an open letter to express their opposition to the act</a>.  From the letter:

<blockquote>We, the undersigned law professors who teach and write about intellectual property and Internet law, strongly urge the members of Congress to reject the PROTECT IP Act (the "Act").  Although the problems the Act attempts to address - online copyright and trademark infringement - are serious ones presenting new and difficult enforcement challenges, the approach taken in the Act has grave constitutional infirmities, potentially dangerous consequences for the stability and security of the Internet's addressing system, and will undermine United States foreign polocy and strong support for free expression on the Internet around the world.

The Act would allow the government to break the Internet addressing system.  It requires Internet service providers and operators of Internet name servers, to refuse to recognize Internet domains that a court considers "dedicated to infringement activities."  But rather than wait until a Web site is actually judged infringing before imposing the equivalent of an Internet death penalty, the Act would allow courts to order any Internet service provider to stop recognizing the site even on a temporary restraining order or preliminary injunction issued the same day the complaint is filed.  Courts could issue such an order even if the owner of that domain name was never given notice that a case against it had been filed at all.

The Act goes still further.  It requires credit card providers, advertisers, and search engines to refuse to deal with the owners of such sites.  For example, search engines are required to "(i) remove or disable access to the Internet site associated with the domain name set forth in the court order, or (ii) not serve a hypertext link to such Internet site."  In the case of credit card companies and advertisers, they must stop doing business not only with sites the government has chosen to sue but any site that a private copyright or trademark owner claims is predominantly infringing.  Giving this enormous new power not just to the government but to any copyright and trademark owner would not only disrupt the operations of the allegedly infringing web site without a final judgement of wrongdoing, but would make it extraordinarily difficult for advertisers and credit card companies to do business on the Internet.</blockquote>

The letter goes on to describe three reasons why the Act should be opposed.  The first is the suppression of speech without a proper hearing (thus, unconstitutional), the second is that it breaks the internet infrastructure, and third, it undermines the United States position in supporting and defending free speech and the free exchange of information on the Internet.  Looking through the letter, all three of these arguments against the Act look very solid to me.  Looking at things broadly, it really boils down to one thing: will the United States choose to support a few corporate interests or will it choose to support it's international and domestic interests?  If the United States chooses the former in this case, then it really has absolutely no moral authority to criticize places like China for attempts to control or curtail free speech.  If the United States chooses the latter, then it upsets organizations like the RIAA and might finally push the entertainment industry to adapt to a modern era - maybe, maybe not.

Technologically speaking, censoring websites will never be fully possible.  In addition, such a measure will never be able to fully stop copyright infringement.  The only way I personally have ever seen it possible to eliminate all copyright infringement is to completely dismantle the Internet from top to bottom - and I argue that this will happen over Google, Yahoo,eBay, Amazon and numerous other eCommerce sites dead bodies.  It didn't work for China, it hasn't been working in Thailand, it'll never work in Australia and it was a failure in Germany.  It's a dead on arrival policy.

In the end, it's a case of "nothing to gain, everything to lose" type policy.  In my view, it's little more than common sense to oppose such legislation.  We can only hope that there is enough in the US government to kill the legislation.

[<a href=http://yro.slashdot.org/story/11/07/05/0023216/Law-Professors-vs-the-PROTECT-IP-Act target=_blank>Hat Tip</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="200" height="105" src="http://www.zeropaid.com/wp-content/uploads/2009/07/United_States-Flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="United_States Flag_crop" title="United_States Flag_crop" /></p><h3>The PROTECT IP Act, the legislation that would erect <a href=http://www.zeropaid.com/news/93562/senate-judiciary-committee-approves-plan-to-filter-the-internet/ target=_blank>the "Great Firewall of America"</a> has had been building increasing resistance from the American people.  Recently, ninety law professors have signed a letter opposing the legislation.</h3>

The RIAA <a href=http://www.zeropaid.com/news/94073/riaa-anonymous-lulzsec-hacks-prove-need-for-protect-ip-act/ target=_blank>may have made a red herring argument that hacktivist groups are reason enough to push for the PROTECT IP act</a> but there are many that refuse to accept government mandated censorship in the US.  That includes a growing number of law professors who <a href=http://volokh.com/2011/07/04/and-speaking-of-the-inalienable-right-to-the-pursuit-of-happiness/ target=_blank>signed an open letter to express their opposition to the act</a>.  From the letter:

<blockquote>We, the undersigned law professors who teach and write about intellectual property and Internet law, strongly urge the members of Congress to reject the PROTECT IP Act (the "Act").  Although the problems the Act attempts to address - online copyright and trademark infringement - are serious ones presenting new and difficult enforcement challenges, the approach taken in the Act has grave constitutional infirmities, potentially dangerous consequences for the stability and security of the Internet's addressing system, and will undermine United States foreign polocy and strong support for free expression on the Internet around the world.

The Act would allow the government to break the Internet addressing system.  It requires Internet service providers and operators of Internet name servers, to refuse to recognize Internet domains that a court considers "dedicated to infringement activities."  But rather than wait until a Web site is actually judged infringing before imposing the equivalent of an Internet death penalty, the Act would allow courts to order any Internet service provider to stop recognizing the site even on a temporary restraining order or preliminary injunction issued the same day the complaint is filed.  Courts could issue such an order even if the owner of that domain name was never given notice that a case against it had been filed at all.

The Act goes still further.  It requires credit card providers, advertisers, and search engines to refuse to deal with the owners of such sites.  For example, search engines are required to "(i) remove or disable access to the Internet site associated with the domain name set forth in the court order, or (ii) not serve a hypertext link to such Internet site."  In the case of credit card companies and advertisers, they must stop doing business not only with sites the government has chosen to sue but any site that a private copyright or trademark owner claims is predominantly infringing.  Giving this enormous new power not just to the government but to any copyright and trademark owner would not only disrupt the operations of the allegedly infringing web site without a final judgement of wrongdoing, but would make it extraordinarily difficult for advertisers and credit card companies to do business on the Internet.</blockquote>

The letter goes on to describe three reasons why the Act should be opposed.  The first is the suppression of speech without a proper hearing (thus, unconstitutional), the second is that it breaks the internet infrastructure, and third, it undermines the United States position in supporting and defending free speech and the free exchange of information on the Internet.  Looking through the letter, all three of these arguments against the Act look very solid to me.  Looking at things broadly, it really boils down to one thing: will the United States choose to support a few corporate interests or will it choose to support it's international and domestic interests?  If the United States chooses the former in this case, then it really has absolutely no moral authority to criticize places like China for attempts to control or curtail free speech.  If the United States chooses the latter, then it upsets organizations like the RIAA and might finally push the entertainment industry to adapt to a modern era - maybe, maybe not.

Technologically speaking, censoring websites will never be fully possible.  In addition, such a measure will never be able to fully stop copyright infringement.  The only way I personally have ever seen it possible to eliminate all copyright infringement is to completely dismantle the Internet from top to bottom - and I argue that this will happen over Google, Yahoo,eBay, Amazon and numerous other eCommerce sites dead bodies.  It didn't work for China, it hasn't been working in Thailand, it'll never work in Australia and it was a failure in Germany.  It's a dead on arrival policy.

In the end, it's a case of "nothing to gain, everything to lose" type policy.  In my view, it's little more than common sense to oppose such legislation.  We can only hope that there is enough in the US government to kill the legislation.

[<a href=http://yro.slashdot.org/story/11/07/05/0023216/Law-Professors-vs-the-PROTECT-IP-Act target=_blank>Hat Tip</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>
			<wfw:commentRss>http://www.zeropaid.com/news/94131/law-professors-line-up-to-oppose-the-protect-ip-act/feed/</wfw:commentRss>
		<slash:comments>4</slash:comments>
		</item>
		<item>
		<title>RIAA: Anonymous, LulzSec Hacks Prove Need for PROTECT IP Act!</title>
		<link>http://www.zeropaid.com/news/94073/riaa-anonymous-lulzsec-hacks-prove-need-for-protect-ip-act/</link>
		<comments>http://www.zeropaid.com/news/94073/riaa-anonymous-lulzsec-hacks-prove-need-for-protect-ip-act/#comments</comments>
		<pubDate>Wed, 29 Jun 2011 19:18:44 +0000</pubDate>
		<dc:creator>Jared Moya</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[anonymous]]></category>
		<category><![CDATA[coica]]></category>
		<category><![CDATA[lulzsec]]></category>
		<category><![CDATA[PROTECT IP Act]]></category>
		<category><![CDATA[riaa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=94073</guid>
		<description><![CDATA[<p><img width="200" height="200" src="http://www.zeropaid.com/wp-content/uploads/2011/05/riaa-200x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="riaa" title="riaa" /></p><h3>Says hacktivist group's campaign against public websites like the US Senate, CIA, and more recently, the Arizona Police Dept, prove a "lawless Internet" is not a "good thing," and that legislation like the PROTECT IP Act that would mandate DNS filtering of "rogue sites" is needed to restore order.</h3>
Leave it to the RIAA to rehash the usual bait-and-switch tactics of old when it comes to convincing the public that its own selfish commercial interests are really for the public good.

In a posting on its site it <a href="http://www.riaa.com/blog.php?content_selector=riaa-news-blog&amp;blog_selector=Forward-Progress-On-Free-Trade&amp;news_month_filter=6&amp;news_year_filter=2011">asks</a> that Senators don't waver on <a href="http://www.zeropaid.com/news/93562/senate-judiciary-committee-approves-plan-to-filter-the-internet/">pending legislation</a> that would require ISPs to block copyright infringing websites. Known as DNS filtering, the measure is part of the “Preventing Real Online Threats to Economic Creativity and Theft of   Intellectual Property Act of 2011,” or the “<a href="http://www.zeropaid.com/news/93426/govt-plans-to-expand-internet-censorship-powers/">PROTECT IP Act.</a>"

The RIAA says the legislation is necessary to restore order to a "lawless Internet" where hacktivist groups like <a href="http://lulzsecurity.com/">LulzSec</a> and Anonymous are able to roam free.

"And in a world where hackers set their sights on new targets every day – most recently the official United States Senate website, allegedly the CIA’s public website and <a href="http://www.zeropaid.com/news/93919/lulzsecs-first-secret-document-dump-hits-web-one-day-early/">Arizona’s law enforcement database</a> – do we think a lawless Internet defended to the extreme is a good thing?" it said.

Notice how the RIAA is combining two completely different topics? The RIAA is trying to make the case for filtering the Internet on the backs of hacktivist groups that expose the security flaws or misdeeds of others.

The RIAA's failed business model is solely to blame for its woes, and yet it's trying to argue that more laws are the panaca. You can't forcibly turn consumers into paying customers any more that you can dictate who their favorite artists will be. Filtering the Internet won't fix the music industry's refusal to give music fans what they want and where they want it.

A group of 87 prominent engineers who played critical roles in the development of the Internet  have <a href="http://www.zeropaid.com/news/90917/debate-rages-over-proposed-website-filtering-legislation/">warned in the past</a> that DNS filtering risks "fragmenting the Internet's global domain name system (DNS)," and would "create an environment of tremendous fear and uncertainty for   technological innovation, and seriously harm the credibility of the   United States in its role as a steward of key Internet infrastructure. "

The RIAA dismisses this concern and points to other countries that have already implemented DNS filtering as proof the Web has not "broken," but I'm inclined to believe the experts in their field that it is likely to happen.

Another criticism of the PROTECT-IP Act is that DNS filtering is easily circumventable, rendering the whole process an exercise in futility.

"That’s silly," it said. "No enforcement program, either in law enforcement or   civil litigation, can ever be expected to eradicate a problem.  The   perfect cannot be the enemy of the good.  We know that there are   dedicated hardcore users will find ways around the law regardless of   what legal or technological barriers are erected.  But isn’t it   worthwhile to make it harder to find and access illicit sites that no   one defends?"

How "dedicated" or "hardcore" do you have to be to use one of the thousands of free <a href="http://www.google.com/search?q=proxy+server&amp;ie=utf-8&amp;oe=utf-8&amp;aq=t&amp;rls=org.mozilla:en-US:unofficial&amp;client=firefox-a">proxy servers</a> that exist? Easier still one can simply enter the IP address of the affected site. It's well known that teenagers are the music industry's best customers, and yet they'll be the most adept at bypassing the legislation.

There's also the pesky fact that 75% of global P2P traffic takes place <a href="http://www.zeropaid.com/news/94056/cisco-asia-has-most-file-sharers-by-far/">outside US borders</a>. So if the bill manages to somehow miraculously cut P2P traffic in this country by half (very unlikely) we get down to an even more meager 12.5% of the problem as a whole, making the legislation further questionable.

Filtering the Internet won't restore order to a "lawless Internet" any more that it will magically turn people into paying customers.

Using LulzSec and Anonymous to seemingly scare Senators into enacting the PROTECT-IP Act has nothing to do with the public interest, and everything to do with the RIAA's continued reliance on law enforcement to fix a business model ill-suited for a digital world.

Has the RIAA realized that even if P2P were magically eliminated this very moment FREE MUSIC is still plentiful on the likes of YouTube, Pandora, Last.fm, etc.?

Stay tuned.

<em>jared@zeropaid.com</em>]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="200" src="http://www.zeropaid.com/wp-content/uploads/2011/05/riaa-200x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="riaa" title="riaa" /></p><h3>Says hacktivist group's campaign against public websites like the US Senate, CIA, and more recently, the Arizona Police Dept, prove a "lawless Internet" is not a "good thing," and that legislation like the PROTECT IP Act that would mandate DNS filtering of "rogue sites" is needed to restore order.</h3>
Leave it to the RIAA to rehash the usual bait-and-switch tactics of old when it comes to convincing the public that its own selfish commercial interests are really for the public good.

In a posting on its site it <a href="http://www.riaa.com/blog.php?content_selector=riaa-news-blog&amp;blog_selector=Forward-Progress-On-Free-Trade&amp;news_month_filter=6&amp;news_year_filter=2011">asks</a> that Senators don't waver on <a href="http://www.zeropaid.com/news/93562/senate-judiciary-committee-approves-plan-to-filter-the-internet/">pending legislation</a> that would require ISPs to block copyright infringing websites. Known as DNS filtering, the measure is part of the “Preventing Real Online Threats to Economic Creativity and Theft of   Intellectual Property Act of 2011,” or the “<a href="http://www.zeropaid.com/news/93426/govt-plans-to-expand-internet-censorship-powers/">PROTECT IP Act.</a>"

The RIAA says the legislation is necessary to restore order to a "lawless Internet" where hacktivist groups like <a href="http://lulzsecurity.com/">LulzSec</a> and Anonymous are able to roam free.

"And in a world where hackers set their sights on new targets every day – most recently the official United States Senate website, allegedly the CIA’s public website and <a href="http://www.zeropaid.com/news/93919/lulzsecs-first-secret-document-dump-hits-web-one-day-early/">Arizona’s law enforcement database</a> – do we think a lawless Internet defended to the extreme is a good thing?" it said.

Notice how the RIAA is combining two completely different topics? The RIAA is trying to make the case for filtering the Internet on the backs of hacktivist groups that expose the security flaws or misdeeds of others.

The RIAA's failed business model is solely to blame for its woes, and yet it's trying to argue that more laws are the panaca. You can't forcibly turn consumers into paying customers any more that you can dictate who their favorite artists will be. Filtering the Internet won't fix the music industry's refusal to give music fans what they want and where they want it.

A group of 87 prominent engineers who played critical roles in the development of the Internet  have <a href="http://www.zeropaid.com/news/90917/debate-rages-over-proposed-website-filtering-legislation/">warned in the past</a> that DNS filtering risks "fragmenting the Internet's global domain name system (DNS)," and would "create an environment of tremendous fear and uncertainty for   technological innovation, and seriously harm the credibility of the   United States in its role as a steward of key Internet infrastructure. "

The RIAA dismisses this concern and points to other countries that have already implemented DNS filtering as proof the Web has not "broken," but I'm inclined to believe the experts in their field that it is likely to happen.

Another criticism of the PROTECT-IP Act is that DNS filtering is easily circumventable, rendering the whole process an exercise in futility.

"That’s silly," it said. "No enforcement program, either in law enforcement or   civil litigation, can ever be expected to eradicate a problem.  The   perfect cannot be the enemy of the good.  We know that there are   dedicated hardcore users will find ways around the law regardless of   what legal or technological barriers are erected.  But isn’t it   worthwhile to make it harder to find and access illicit sites that no   one defends?"

How "dedicated" or "hardcore" do you have to be to use one of the thousands of free <a href="http://www.google.com/search?q=proxy+server&amp;ie=utf-8&amp;oe=utf-8&amp;aq=t&amp;rls=org.mozilla:en-US:unofficial&amp;client=firefox-a">proxy servers</a> that exist? Easier still one can simply enter the IP address of the affected site. It's well known that teenagers are the music industry's best customers, and yet they'll be the most adept at bypassing the legislation.

There's also the pesky fact that 75% of global P2P traffic takes place <a href="http://www.zeropaid.com/news/94056/cisco-asia-has-most-file-sharers-by-far/">outside US borders</a>. So if the bill manages to somehow miraculously cut P2P traffic in this country by half (very unlikely) we get down to an even more meager 12.5% of the problem as a whole, making the legislation further questionable.

Filtering the Internet won't restore order to a "lawless Internet" any more that it will magically turn people into paying customers.

Using LulzSec and Anonymous to seemingly scare Senators into enacting the PROTECT-IP Act has nothing to do with the public interest, and everything to do with the RIAA's continued reliance on law enforcement to fix a business model ill-suited for a digital world.

Has the RIAA realized that even if P2P were magically eliminated this very moment FREE MUSIC is still plentiful on the likes of YouTube, Pandora, Last.fm, etc.?

Stay tuned.

<em>jared@zeropaid.com</em>]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/94073/riaa-anonymous-lulzsec-hacks-prove-need-for-protect-ip-act/feed/</wfw:commentRss>
		<slash:comments>34</slash:comments>
		</item>
		<item>
		<title>AT&amp;T, Comcast, Verizon to Implement &#8220;3-Strikes&#8221; Next Month?</title>
		<link>http://www.zeropaid.com/news/93903/att-comcast-verizon-to-implement-3-strikes-next-month/</link>
		<comments>http://www.zeropaid.com/news/93903/att-comcast-verizon-to-implement-3-strikes-next-month/#comments</comments>
		<pubDate>Thu, 23 Jun 2011 18:45:42 +0000</pubDate>
		<dc:creator>Jared Moya</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[ICE]]></category>
		<category><![CDATA[PROTECT IP Act]]></category>
		<category><![CDATA[riaa]]></category>
		<category><![CDATA[white house]]></category>
		<category><![CDATA[wi fi]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93903</guid>
		<description><![CDATA[<p><img width="200" height="144" src="http://www.zeropaid.com/wp-content/uploads/2011/06/index3-200x144.jpg" class="attachment-post-thumbnail wp-post-image" alt="index" title="index" /></p><h3>Number of ISPs reportedly on the verge of an agreement with the entertainment industry to combat online copyright infringement; White House "instrumental" in brokering the deal; disconnection optional.</h3>
US ISPs are nearing an agreement with the entertainment industry to sanction customers repeatedly accused of copyright infringement, this according to a report by <a href="http://news.cnet.com/8301-31001_3-20073522-261/exclusive-top-isps-poised-to-adopt-graduated-response-to-piracy/?tag=topTechContentWrap;editorPicks">CNet</a>.

If all goes well the deal could be finalized as early as next month.

Details of the plan are still somewhat murky, but it appears that ISPs have a "menu" of responses to choose from. They can choose after how many infractions to disconnect infringers, require copyright law education classes to resume service, bandwidth throttling, and even limiting web access. Disconnection is not required under the proposal.

The White House was purportedly "instrumental" in brokering the deal between the two. Last June it made the fight against intellectual property theft a top priority in its <a href="http://www.zeropaid.com/news/89480/white-house-announces-1st-plan-to-fight-copyright-infringement/">Joint Strategic Plan On Intellectual Property Enforcement</a>. Since then  the U.S. Immigrations and Customs Enforcement (ICE) has <a href="http://www.zeropaid.com/news/91378/feds-seize-domain-names-of-counterfeiters-and-pirates/">seized more than 100 domain names</a> accused of infringement and members of Congress are pushing to pass the <a href="http://www.zeropaid.com/news/93562/senate-judiciary-committee-approves-plan-to-filter-the-internet/">PROTECT IP Act</a>.

The PROTECT IP Act would give the Attorney General the power to force US     based     third-parties, including ISPs, payment   processors, advertisers, and   search engines to either block   access to an infringing site or   cease   doing business with it. Copyright holders would be able to target   payment processors and   advertisers.

The RIAA, in particular, has been pushing ISPs to sanction repeat infringers since at least 2008 when it discontinued the practice of suing individual for illegal file-sharing. RIAA head Mitch Bainwol  said at the time that he believed the new strategy will be more effective since it will be able   to target more people at the source – Internet connections – and move   away from costly litigation.

And he's right, especially if ISP sanctions are predicated simply on accusations made by copyright holders and not independently verified proof.

Worse still is that the agreement calls for ISPs and copyright holders to split the costs of the plan by an unspecified ratio. This means that whatever costs are to be borne by ISPs will be passed along to consumers in the form of higher monthly bills; that's right, consumers get to pay for the entertainment industry's doomed plan to somehow try and rid the Internet of infringing material. So even if you're an otherwise law abiding citizen you get to cover the cost's of a poorly conceived approach to fixing a failing business model.

If ISPs do agree to implement a copyright infringement regime then we may likely see the unintended consequences of an end to open Wi-Fi in public places, and entire households facing the repercussions of an improperly secured router.

Stay tuned.

<em>jared@zeropaid.com</em>]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="144" src="http://www.zeropaid.com/wp-content/uploads/2011/06/index3-200x144.jpg" class="attachment-post-thumbnail wp-post-image" alt="index" title="index" /></p><h3>Number of ISPs reportedly on the verge of an agreement with the entertainment industry to combat online copyright infringement; White House "instrumental" in brokering the deal; disconnection optional.</h3>
US ISPs are nearing an agreement with the entertainment industry to sanction customers repeatedly accused of copyright infringement, this according to a report by <a href="http://news.cnet.com/8301-31001_3-20073522-261/exclusive-top-isps-poised-to-adopt-graduated-response-to-piracy/?tag=topTechContentWrap;editorPicks">CNet</a>.

If all goes well the deal could be finalized as early as next month.

Details of the plan are still somewhat murky, but it appears that ISPs have a "menu" of responses to choose from. They can choose after how many infractions to disconnect infringers, require copyright law education classes to resume service, bandwidth throttling, and even limiting web access. Disconnection is not required under the proposal.

The White House was purportedly "instrumental" in brokering the deal between the two. Last June it made the fight against intellectual property theft a top priority in its <a href="http://www.zeropaid.com/news/89480/white-house-announces-1st-plan-to-fight-copyright-infringement/">Joint Strategic Plan On Intellectual Property Enforcement</a>. Since then  the U.S. Immigrations and Customs Enforcement (ICE) has <a href="http://www.zeropaid.com/news/91378/feds-seize-domain-names-of-counterfeiters-and-pirates/">seized more than 100 domain names</a> accused of infringement and members of Congress are pushing to pass the <a href="http://www.zeropaid.com/news/93562/senate-judiciary-committee-approves-plan-to-filter-the-internet/">PROTECT IP Act</a>.

The PROTECT IP Act would give the Attorney General the power to force US     based     third-parties, including ISPs, payment   processors, advertisers, and   search engines to either block   access to an infringing site or   cease   doing business with it. Copyright holders would be able to target   payment processors and   advertisers.

The RIAA, in particular, has been pushing ISPs to sanction repeat infringers since at least 2008 when it discontinued the practice of suing individual for illegal file-sharing. RIAA head Mitch Bainwol  said at the time that he believed the new strategy will be more effective since it will be able   to target more people at the source – Internet connections – and move   away from costly litigation.

And he's right, especially if ISP sanctions are predicated simply on accusations made by copyright holders and not independently verified proof.

Worse still is that the agreement calls for ISPs and copyright holders to split the costs of the plan by an unspecified ratio. This means that whatever costs are to be borne by ISPs will be passed along to consumers in the form of higher monthly bills; that's right, consumers get to pay for the entertainment industry's doomed plan to somehow try and rid the Internet of infringing material. So even if you're an otherwise law abiding citizen you get to cover the cost's of a poorly conceived approach to fixing a failing business model.

If ISPs do agree to implement a copyright infringement regime then we may likely see the unintended consequences of an end to open Wi-Fi in public places, and entire households facing the repercussions of an improperly secured router.

Stay tuned.

<em>jared@zeropaid.com</em>]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/93903/att-comcast-verizon-to-implement-3-strikes-next-month/feed/</wfw:commentRss>
		<slash:comments>18</slash:comments>
		</item>
		<item>
		<title>RIAA Govt Lobbying Spending Surges 74%</title>
		<link>http://www.zeropaid.com/news/93865/riaa-govt-lobbying-spending-surges-74/</link>
		<comments>http://www.zeropaid.com/news/93865/riaa-govt-lobbying-spending-surges-74/#comments</comments>
		<pubDate>Wed, 22 Jun 2011 15:53:37 +0000</pubDate>
		<dc:creator>Jared Moya</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[congress]]></category>
		<category><![CDATA[house or reps]]></category>
		<category><![CDATA[NAB]]></category>
		<category><![CDATA[Performance Rights]]></category>
		<category><![CDATA[riaa]]></category>
		<category><![CDATA[senate]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93865</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>Spends $2.1 in Q1 2011, up 74% from the $1.51 million it spent the quarter previous, to lobby on intellectual property rights in   various countries and to end radio’s long-standing exemption from having to pay performance royalties.</h3>
The Recording Industry Association of America spent $2.1 million in   the first quarter to lobby the federal government on Performance rights legislation and other issues near and dear to its heart, according to a disclosure report filed with the Office of the Clerk for the US House of Representatives.

That's up 66% from the   $1.36 million it spent during the same quarter a year ago, and up 74% from the $1.51 million it spent the quarter previous.

Part of the  money was spent on lobbying for Performance Rights legislation which the White House has said is needed to help protect American workers and businesses.

Unlike webcasters and satellite radio which have to pay royalties to     songwriters,  artists and record labels, radio has only had to pay     royalties to songwriters. It has been exempted from the rest in the name     of artist promotion.

"The absence of such a right puts U.S. copyright owners at a disadvantage   internationally," it <a href="http://www.zeropaid.com/news/92843/white-house-wants-radio-to-pay-performance-royalties/">said</a> in a white paper on Intellectual Property Enforcement Legislative Recommendations it submitted to Congress this past March. "They are not permitted to collect overseas royalties   because they are not granted rights in the U.S.."

Record labels spent heavily lobbying both the House and Senate on the matter, specifically the "Local Radio Freedom Act" which would prevent Congress from imposing any "any new performance fee, tax, royalty, or other charge relating to the   public performance of sound recordings" on local radio station broadcasters.

The RIAA also seemed to further distance itself from <a href="http://www.zeropaid.com/news/90289/riaa-wants-to-force-cell-phone-makers-to-include-fm-tuner/">last year's proposal</a> to help the National Association of Broadcasters (NAB) lobby Congress to require all portable electronic devices include an FM tuner in   exchange for radio paying a reported $100 million  in performance royalties to   artists and record labels.

Rounding out the list of lobbying expenditures is the international Anti-Counterfeiting Trade Agreement (ACTA) and on intellectual property theft in various countries.

Stay tuned.

<em>jared@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>Spends $2.1 in Q1 2011, up 74% from the $1.51 million it spent the quarter previous, to lobby on intellectual property rights in   various countries and to end radio’s long-standing exemption from having to pay performance royalties.</h3>
The Recording Industry Association of America spent $2.1 million in   the first quarter to lobby the federal government on Performance rights legislation and other issues near and dear to its heart, according to a disclosure report filed with the Office of the Clerk for the US House of Representatives.

That's up 66% from the   $1.36 million it spent during the same quarter a year ago, and up 74% from the $1.51 million it spent the quarter previous.

Part of the  money was spent on lobbying for Performance Rights legislation which the White House has said is needed to help protect American workers and businesses.

Unlike webcasters and satellite radio which have to pay royalties to     songwriters,  artists and record labels, radio has only had to pay     royalties to songwriters. It has been exempted from the rest in the name     of artist promotion.

"The absence of such a right puts U.S. copyright owners at a disadvantage   internationally," it <a href="http://www.zeropaid.com/news/92843/white-house-wants-radio-to-pay-performance-royalties/">said</a> in a white paper on Intellectual Property Enforcement Legislative Recommendations it submitted to Congress this past March. "They are not permitted to collect overseas royalties   because they are not granted rights in the U.S.."

Record labels spent heavily lobbying both the House and Senate on the matter, specifically the "Local Radio Freedom Act" which would prevent Congress from imposing any "any new performance fee, tax, royalty, or other charge relating to the   public performance of sound recordings" on local radio station broadcasters.

The RIAA also seemed to further distance itself from <a href="http://www.zeropaid.com/news/90289/riaa-wants-to-force-cell-phone-makers-to-include-fm-tuner/">last year's proposal</a> to help the National Association of Broadcasters (NAB) lobby Congress to require all portable electronic devices include an FM tuner in   exchange for radio paying a reported $100 million  in performance royalties to   artists and record labels.

Rounding out the list of lobbying expenditures is the international Anti-Counterfeiting Trade Agreement (ACTA) and on intellectual property theft in various countries.

Stay tuned.

<em>jared@zeropaid.com</em>]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/93865/riaa-govt-lobbying-spending-surges-74/feed/</wfw:commentRss>
		<slash:comments>1</slash:comments>
		</item>
		<item>
		<title>Senate Judiciary Committee Approves Plan to Filter the Internet</title>
		<link>http://www.zeropaid.com/news/93562/senate-judiciary-committee-approves-plan-to-filter-the-internet/</link>
		<comments>http://www.zeropaid.com/news/93562/senate-judiciary-committee-approves-plan-to-filter-the-internet/#comments</comments>
		<pubDate>Tue, 31 May 2011 16:23:41 +0000</pubDate>
		<dc:creator>Jared Moya</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[coica]]></category>
		<category><![CDATA[dns]]></category>
		<category><![CDATA[eff]]></category>
		<category><![CDATA[grassley]]></category>
		<category><![CDATA[hatch]]></category>
		<category><![CDATA[mitch bainwol]]></category>
		<category><![CDATA[mpaa]]></category>
		<category><![CDATA[PROTECT IP Act]]></category>
		<category><![CDATA[riaa]]></category>
		<category><![CDATA[Senate Judiciary Committee]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93562</guid>
		<description><![CDATA[<p><img width="200" height="180" src="http://www.zeropaid.com/wp-content/uploads/2010/04/filter-200x180.jpg" class="attachment-post-thumbnail wp-post-image" alt="filter" title="filter" /></p><h3>PROTECT IP Act would give the Department of Justice the power to force ISPs and search engines to block access to infringing sites. Bill now moves forward to a full vote by the Senate.</h3>
Late last week the Senate Judiciary Committee approved the controversial "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act," or "PROTECT IP Act as it's known, giving the Department of Justice and copyright holders greatly expanded powers in the battle against online infringement.

“Today the Judiciary Committee took an important step in protecting   online intellectual property rights," said Senator Orrin Hatch (R-Utah) afterwards. "The Internet is not a lawless   free-for-all where anything goes. The Constitution protects both property and speech, both online and off.”

First <a href="http://www.zeropaid.com/news/93426/govt-plans-to-expand-internet-censorship-powers/">proposed</a> earlier this month, the PROTECT IP Act would give the Attorney General the power to force US   based   third-parties, including ISPs, payment   processors, online advertising   network providers, and search engines to either block access to an infringing site or   cease doing business with it.

Copyright holders would be able to target payment processors and   online advertising network providers.

“Increased online theft of intellectual property has become a rampant   problem,” added Senator Chuck Grassley (R-Iowa). “The impact of copyright piracy and sale of counterfeit goods   imposes a huge cost on the American economy – lost jobs, lost sales, and   lost income. This bill will help to   protect against harmful counterfeit and pirated products that cause   damage to both the economy and the health and safety of the consumer.”

Copyright holder groups like the MPAA and RIAA are obviously pleased with the news.

“It’s essential that we reign in online thieves and business models   predicated on ripping off America’s songwriters, musicians and   performers,” said Mitch Bainwol, RIAA Chairman. “A review of the most   frequently visited web sites – including those specializing in   pre-release songs that are not yet even available in the legitimate   marketplace -- feature banner ads for some of America’s best known   companies.

The MPAA also welcomed passage of thge PROTECT IP Act.

"The Judiciary Committee took an important step today to stop theft and save jobs," said Michael O'Leary, Executive Vice President, Government Affairs of the MPAA.  "By helping shut down rogue websites that profit from stolen films, television shows, and other counterfeit goods, this legislation will protect wages and benefits for the millions of middle class workers who bring America's creativity to life."

Critics, however abound.

The Electronic Frontier Foundation has reminded people of the fact that it could have serious domain name system (DNS) implications.

It <a href="https://www.eff.org/deeplinks/2011/05/plus-ca-change-protect-ip-domain-name-system-and">writes</a>:
<blockquote>When COICA was introduced in the Senate last fall, EFF <a href="http://www.eff.org/deeplinks/2010/09/censorship-internet-takes-center-stage-online">wrote about</a> its dangerous implications for the Internet’s domain name system (DNS).   These remain true for PIPA, despite the removal of a provision that   would have required registrars and registries to block domain names   pointing to sites “dedicated to infringing activities.” Because blocking   via registries and registrars underlies <a href="http://www.eff.org/deeplinks/2010/11/us-government-seizes-82-websites-draconian-future">Immigration and Customs Enforcement’s ongoing practice of seizing domain names</a>,   taking this device out of PIPA is small gain. The bill will still   require targeted DNS server operators like ISPs to prevent an identified   domain name from resolving to the domain's IP address, thereby   preventing their users from accessing those sites. As a result, the   warnings that <a href="http://www.eff.org/deeplinks/2010/11/case-against-coica">we</a> and <a href="http://www.eff.org/deeplinks/2010/09/open-letter">others</a> gave last year about serious security vulnerabilities and a fractured Internet are <a href="http://www.shinkuro.com/PROTECT%20IP%20Technical%20Whitepaper%20Final.pdf">unchanged</a>.</blockquote>
Public Knowledge said it was "disappointed" with the news.

“We are disappointed that the Senate Judiciary Committee today approved   legislation (S. 968) that will threaten the security and global   functioning of the Internet, and opens the door to nuisance lawsuits   while doing little if anything to curb the issues of international   source of illegal downloads the bill seeks to address," said Sherwin Siy, the group's deputy legal director. o

That's the real problem. Internet users will still be able to bypass any proposed search engine filter or ISP-level site blocking, and foreign infringing sites will still be accessible.

The PROTECT IP Act talks about “safeguards” like allowing domain name   operators or site owners to petition the court to have the orders   vacated, but it still occurs after the fact and the damage done.

Stay tuned.

<em>jared@zeropaid.com</em>

<em>_____________________________
</em>

<a title="View BillText-PROTECTIPAct on Scribd" href="http://www.scribd.com/doc/56733836/BillText-PROTECTIPAct" style="margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block; text-decoration: underline;">BillText-PROTECTIPAct</a><iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/56733836/content?start_page=1&view_mode=list&access_key=key-1vz6pgpa8h4f21uff4rw" data-auto-height="true" data-aspect-ratio="0.772727272727273" scrolling="no" id="doc_77725" width="100%" height="600" frameborder="0"></iframe><script type="text/javascript">(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();</script>]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="180" src="http://www.zeropaid.com/wp-content/uploads/2010/04/filter-200x180.jpg" class="attachment-post-thumbnail wp-post-image" alt="filter" title="filter" /></p><h3>PROTECT IP Act would give the Department of Justice the power to force ISPs and search engines to block access to infringing sites. Bill now moves forward to a full vote by the Senate.</h3>
Late last week the Senate Judiciary Committee approved the controversial "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act," or "PROTECT IP Act as it's known, giving the Department of Justice and copyright holders greatly expanded powers in the battle against online infringement.

“Today the Judiciary Committee took an important step in protecting   online intellectual property rights," said Senator Orrin Hatch (R-Utah) afterwards. "The Internet is not a lawless   free-for-all where anything goes. The Constitution protects both property and speech, both online and off.”

First <a href="http://www.zeropaid.com/news/93426/govt-plans-to-expand-internet-censorship-powers/">proposed</a> earlier this month, the PROTECT IP Act would give the Attorney General the power to force US   based   third-parties, including ISPs, payment   processors, online advertising   network providers, and search engines to either block access to an infringing site or   cease doing business with it.

Copyright holders would be able to target payment processors and   online advertising network providers.

“Increased online theft of intellectual property has become a rampant   problem,” added Senator Chuck Grassley (R-Iowa). “The impact of copyright piracy and sale of counterfeit goods   imposes a huge cost on the American economy – lost jobs, lost sales, and   lost income. This bill will help to   protect against harmful counterfeit and pirated products that cause   damage to both the economy and the health and safety of the consumer.”

Copyright holder groups like the MPAA and RIAA are obviously pleased with the news.

“It’s essential that we reign in online thieves and business models   predicated on ripping off America’s songwriters, musicians and   performers,” said Mitch Bainwol, RIAA Chairman. “A review of the most   frequently visited web sites – including those specializing in   pre-release songs that are not yet even available in the legitimate   marketplace -- feature banner ads for some of America’s best known   companies.

The MPAA also welcomed passage of thge PROTECT IP Act.

"The Judiciary Committee took an important step today to stop theft and save jobs," said Michael O'Leary, Executive Vice President, Government Affairs of the MPAA.  "By helping shut down rogue websites that profit from stolen films, television shows, and other counterfeit goods, this legislation will protect wages and benefits for the millions of middle class workers who bring America's creativity to life."

Critics, however abound.

The Electronic Frontier Foundation has reminded people of the fact that it could have serious domain name system (DNS) implications.

It <a href="https://www.eff.org/deeplinks/2011/05/plus-ca-change-protect-ip-domain-name-system-and">writes</a>:
<blockquote>When COICA was introduced in the Senate last fall, EFF <a href="http://www.eff.org/deeplinks/2010/09/censorship-internet-takes-center-stage-online">wrote about</a> its dangerous implications for the Internet’s domain name system (DNS).   These remain true for PIPA, despite the removal of a provision that   would have required registrars and registries to block domain names   pointing to sites “dedicated to infringing activities.” Because blocking   via registries and registrars underlies <a href="http://www.eff.org/deeplinks/2010/11/us-government-seizes-82-websites-draconian-future">Immigration and Customs Enforcement’s ongoing practice of seizing domain names</a>,   taking this device out of PIPA is small gain. The bill will still   require targeted DNS server operators like ISPs to prevent an identified   domain name from resolving to the domain's IP address, thereby   preventing their users from accessing those sites. As a result, the   warnings that <a href="http://www.eff.org/deeplinks/2010/11/case-against-coica">we</a> and <a href="http://www.eff.org/deeplinks/2010/09/open-letter">others</a> gave last year about serious security vulnerabilities and a fractured Internet are <a href="http://www.shinkuro.com/PROTECT%20IP%20Technical%20Whitepaper%20Final.pdf">unchanged</a>.</blockquote>
Public Knowledge said it was "disappointed" with the news.

“We are disappointed that the Senate Judiciary Committee today approved   legislation (S. 968) that will threaten the security and global   functioning of the Internet, and opens the door to nuisance lawsuits   while doing little if anything to curb the issues of international   source of illegal downloads the bill seeks to address," said Sherwin Siy, the group's deputy legal director. o

That's the real problem. Internet users will still be able to bypass any proposed search engine filter or ISP-level site blocking, and foreign infringing sites will still be accessible.

The PROTECT IP Act talks about “safeguards” like allowing domain name   operators or site owners to petition the court to have the orders   vacated, but it still occurs after the fact and the damage done.

Stay tuned.

<em>jared@zeropaid.com</em>

<em>_____________________________
</em>

<a title="View BillText-PROTECTIPAct on Scribd" href="http://www.scribd.com/doc/56733836/BillText-PROTECTIPAct" style="margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block; text-decoration: underline;">BillText-PROTECTIPAct</a><iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/56733836/content?start_page=1&view_mode=list&access_key=key-1vz6pgpa8h4f21uff4rw" data-auto-height="true" data-aspect-ratio="0.772727272727273" scrolling="no" id="doc_77725" width="100%" height="600" frameborder="0"></iframe><script type="text/javascript">(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();</script>]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/93562/senate-judiciary-committee-approves-plan-to-filter-the-internet/feed/</wfw:commentRss>
		<slash:comments>18</slash:comments>
		</item>
		<item>
		<title>MPAA, RIAA Blast Google&#8217;s Pledge to Fight Net Filters</title>
		<link>http://www.zeropaid.com/news/93501/mpaa-riaa-blast-googles-pledge-to-fight-net-filters/</link>
		<comments>http://www.zeropaid.com/news/93501/mpaa-riaa-blast-googles-pledge-to-fight-net-filters/#comments</comments>
		<pubDate>Fri, 20 May 2011 14:54:02 +0000</pubDate>
		<dc:creator>Jared Moya</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[china]]></category>
		<category><![CDATA[eric schmidt]]></category>
		<category><![CDATA[google]]></category>
		<category><![CDATA[great firewall]]></category>
		<category><![CDATA[mpaa]]></category>
		<category><![CDATA[net filter]]></category>
		<category><![CDATA[riaa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93501</guid>
		<description><![CDATA[<p><img width="148" height="200" src="http://www.zeropaid.com/wp-content/uploads/2010/07/291106riaa-148x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="291106riaa" title="291106riaa" /></p><h3>Call the move "baffling," and a form of a "corporate  imperialism." Say proposed US net filter doesn't compare to China's "Great Firewall" because China's filter isn't "bi-partisan" or "narrowly tailored."</h3>
Soon after Google’s executive chairman, Eric Schmidt, said the company <a href="http://www.zeropaid.com/news/93491/google-calls-web-filtering-a-disastrous-precedent/">would fight efforts to implement a US net filtering regime</a> the MPAA and RIAA weighed in to criticize the search engine giant for opposing the plans.

Schmidt set net filters would set a “disastrous precedent” for freedom of speech online, and that even if legislation was passed into law it would still fight it.

“If there is a law that requires DNSs [domain name systems, the protocol     that allows users to connect to websites] to do X and it’s passed by     both houses of congress and signed by the president of the United   States   and we disagree with it then we would still fight it,” he said.

The MPAA expressed astonishment at the comment and asked if Schmidt believes Google is "above the law."

"Is Eric Schmidt really suggesting that if Congress passes a law and    President Obama signs it, Google wouldn’t follow it?  As an American    company respected around the world, it’s unfortunate that, at least    according to its executive chairman’s comments, Google seems to think    it’s above America’s laws," said the MPAA.

Plans for web filtering in the US are still in the early stages. Last week lawmakers submitted the “<a href="http://www.zeropaid.com/news/93426/govt-plans-to-expand-internet-censorship-powers/">Preventing Real Online Threats to Economic Creativity and Theft of   Intellectual Property Act of 2011</a>,”   or the “PROTECT IP Act.” The bill would give the Dept of Justice the   power to force US   based third-parties,   including ISPs, payment     processors, online advertising network   providers, and search engines   to either block access to infringing   sites or cease doing business   with it.

Schmidt added that he thought net filtering would set a “disastrous precedent” for freedom of speech online, and compared it to the "Great Firewall" of China.

The MPAA responded by claiming the two aren't the same since China's net filtering regime isn't "bi-partisan" or "narrowly tailored."

"And  the notion that China would use a  bi-partisan, narrowly tailored   bill as a pretext for censorship is  laughable, as Google knows, China   does what China does," it said.

It's an odd criticism to make. Just because a bill is "bi-partisan" doesn't mean it's any different, and how can it say the "PROTECT IP Act" is "narrowly tailored" when it encourages voluntary filtering and sanctions against sites that third parties can arbitrarily determine are infringing?

The legislation also puts the US govt in the hypocritical position of telling other countries not to filter the Internet while we ourselves do. Last March the US State Dept <a href="http://www.zeropaid.com/news/88525/us-concerned-with-aussie-net-filter/">criticized the Australia govt</a> over similar plans in that country.

Even further damaging is a statement made by US Secretary of State Hillary Clinton urging the private sector to "take a proactive role in challenging   foreign governments’ demands for censorship and surveillance."

"The   private sector has a shared responsibility to help safeguard free   expression. And when their business dealings threaten to undermine this   freedom, they need to consider what’s right, not simply what’s a quick   profit," she added.

Doesn't this apply to Google even if it is right here at home?

The RIAA called Google's comments "baffling" and said it couldn't believe the company doesn't care about creating a "civilized online ecosystem," but is it really all that baffling that a search engine would be concerned about govt attempts to filter its results? What's to stop every other country in the world from demanding a filtering regime of their own?

Stay tuned.

<em>jared@zeropaid.com </em>]]></description>
			<content:encoded><![CDATA[<p><img width="148" height="200" src="http://www.zeropaid.com/wp-content/uploads/2010/07/291106riaa-148x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="291106riaa" title="291106riaa" /></p><h3>Call the move "baffling," and a form of a "corporate  imperialism." Say proposed US net filter doesn't compare to China's "Great Firewall" because China's filter isn't "bi-partisan" or "narrowly tailored."</h3>
Soon after Google’s executive chairman, Eric Schmidt, said the company <a href="http://www.zeropaid.com/news/93491/google-calls-web-filtering-a-disastrous-precedent/">would fight efforts to implement a US net filtering regime</a> the MPAA and RIAA weighed in to criticize the search engine giant for opposing the plans.

Schmidt set net filters would set a “disastrous precedent” for freedom of speech online, and that even if legislation was passed into law it would still fight it.

“If there is a law that requires DNSs [domain name systems, the protocol     that allows users to connect to websites] to do X and it’s passed by     both houses of congress and signed by the president of the United   States   and we disagree with it then we would still fight it,” he said.

The MPAA expressed astonishment at the comment and asked if Schmidt believes Google is "above the law."

"Is Eric Schmidt really suggesting that if Congress passes a law and    President Obama signs it, Google wouldn’t follow it?  As an American    company respected around the world, it’s unfortunate that, at least    according to its executive chairman’s comments, Google seems to think    it’s above America’s laws," said the MPAA.

Plans for web filtering in the US are still in the early stages. Last week lawmakers submitted the “<a href="http://www.zeropaid.com/news/93426/govt-plans-to-expand-internet-censorship-powers/">Preventing Real Online Threats to Economic Creativity and Theft of   Intellectual Property Act of 2011</a>,”   or the “PROTECT IP Act.” The bill would give the Dept of Justice the   power to force US   based third-parties,   including ISPs, payment     processors, online advertising network   providers, and search engines   to either block access to infringing   sites or cease doing business   with it.

Schmidt added that he thought net filtering would set a “disastrous precedent” for freedom of speech online, and compared it to the "Great Firewall" of China.

The MPAA responded by claiming the two aren't the same since China's net filtering regime isn't "bi-partisan" or "narrowly tailored."

"And  the notion that China would use a  bi-partisan, narrowly tailored   bill as a pretext for censorship is  laughable, as Google knows, China   does what China does," it said.

It's an odd criticism to make. Just because a bill is "bi-partisan" doesn't mean it's any different, and how can it say the "PROTECT IP Act" is "narrowly tailored" when it encourages voluntary filtering and sanctions against sites that third parties can arbitrarily determine are infringing?

The legislation also puts the US govt in the hypocritical position of telling other countries not to filter the Internet while we ourselves do. Last March the US State Dept <a href="http://www.zeropaid.com/news/88525/us-concerned-with-aussie-net-filter/">criticized the Australia govt</a> over similar plans in that country.

Even further damaging is a statement made by US Secretary of State Hillary Clinton urging the private sector to "take a proactive role in challenging   foreign governments’ demands for censorship and surveillance."

"The   private sector has a shared responsibility to help safeguard free   expression. And when their business dealings threaten to undermine this   freedom, they need to consider what’s right, not simply what’s a quick   profit," she added.

Doesn't this apply to Google even if it is right here at home?

The RIAA called Google's comments "baffling" and said it couldn't believe the company doesn't care about creating a "civilized online ecosystem," but is it really all that baffling that a search engine would be concerned about govt attempts to filter its results? What's to stop every other country in the world from demanding a filtering regime of their own?

Stay tuned.

<em>jared@zeropaid.com </em>]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/93501/mpaa-riaa-blast-googles-pledge-to-fight-net-filters/feed/</wfw:commentRss>
		<slash:comments>12</slash:comments>
		</item>
		<item>
		<title>Record Labels Claim Artists Will Get Cut of LimeWire Settlement</title>
		<link>http://www.zeropaid.com/news/93497/record-labels-claim-artists-will-get-cut-of-limewire-settlement/</link>
		<comments>http://www.zeropaid.com/news/93497/record-labels-claim-artists-will-get-cut-of-limewire-settlement/#comments</comments>
		<pubDate>Thu, 19 May 2011 22:44:46 +0000</pubDate>
		<dc:creator>Jared Moya</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[hypebot]]></category>
		<category><![CDATA[limewire]]></category>
		<category><![CDATA[riaa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93497</guid>
		<description><![CDATA[<p><img width="200" height="200" src="http://www.zeropaid.com/wp-content/uploads/2010/07/money_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="money_crop" title="money_crop" /></p><h3>Three of the four major labels said some of the $105 million settlement will be shared with artists, but after the RIAA deducts the cost of 5 years of litigation artists are likely to see little, if any of that money.</h3>
Almost immediately after last week's announcement by the RIAA and LimeWire that the two had <a href="http://www.zeropaid.com/news/93433/limewire-settles-riaa-suit-for-105-million/">agreed to an   out-of-court $105 million settlement</a> to finally bring to the copyright infringement case, questions arose about how the money would be divvied up.

The RIAA <a href="http://www.zeropaid.com/news/89133/riaa-wins-infringement-case-against-limewire-world-yawns/">won its infringement case last May</a> when US District Judge Kimba Wood found that <a href="http://www.zeropaid.com/limewire/">Limewire</a> and its creator, Mark Gorton, had both committed copyright   infringement, engaged in unfair competition, and     induced others to   commit copyright infringement.

Throughout the trial the RIAA repeatedly reminded the court of the harm it had caused artists, and so it would seem natural that they would share in any settlement money to make up for the damages done, but that may never happen.

"The RIAA has made no comment on how the recoveries in the LimeWire case   would be distributed," the RIAA's Senior Vice President of Communications , Jonathan Lamy, <a href="http://www.hypebot.com/hypebot/2011/05/riaa-executive-responds-to-limewire-105m-settlement-controversy.html">told</a> Hypebot. "That is a decision for the   individual plaintiffs.  However, the record companies have historically   shared large litigation recoveries such as the KaZaa settlement with   their artists."

When asked if they would share the $105 million with artists three of the four major labels said "yes."

“We will share the settlement money with our artists," said a Warner Music Group spokesperson.

Now Lamy claims record labels shared the settlement they received from KaZaA, Grokster, Napster, and others, but Bob Donnelly, a longtime lawyer for artists <a href="http://mediadecoder.blogs.nytimes.com/2011/05/15/getting-a-slice-of-limewires-pie/">told</a> the NY Times that he doesn't "remember any of my artists’ accountants ever saying, ‘Hey, guess what, we got a great bonus this month’.”

In fact, three years ago artists were still looking for a cut from settlement money seven years after the Napster case was settled, and two years after KaZaA

"Artist managers and lawyers have been wondering for months when  their   artists will see money from the copyright settlements and how it  will   be accounted for," <a href="http://www.zeropaid.com/news/9295/artist_managers_demand_riaa_shares_settlement_money/">said</a> lawyer John Branca, who has represented  Korn,   Don Henley, and The Rolling Stones, among others, at the time.

EMI, Warner Music, and Universal Music, all said they were already   sharing or in the process of sharing the settlement money, but artists saw little, if anything at all.

"The record labels are experts at transferring money around and putting the onus on artists managers to find it," added Branca.

A more likely scenario is that the RIAA will do as it usually does and deduct the cost of litigation - 5yrs involving probably dozens of lawyers - and divide the remainder among labels who will in turn pass it on to artists. The reality is that a majority of artists won't see a dime from the settlement, and only the artists responsible for sizable sales will see a cut.

In the end the only ones that'll really be compensated are lawyers and a handful of big name artists.

Stay tuned.

<em>jared@zeropaid.com</em>]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="200" src="http://www.zeropaid.com/wp-content/uploads/2010/07/money_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="money_crop" title="money_crop" /></p><h3>Three of the four major labels said some of the $105 million settlement will be shared with artists, but after the RIAA deducts the cost of 5 years of litigation artists are likely to see little, if any of that money.</h3>
Almost immediately after last week's announcement by the RIAA and LimeWire that the two had <a href="http://www.zeropaid.com/news/93433/limewire-settles-riaa-suit-for-105-million/">agreed to an   out-of-court $105 million settlement</a> to finally bring to the copyright infringement case, questions arose about how the money would be divvied up.

The RIAA <a href="http://www.zeropaid.com/news/89133/riaa-wins-infringement-case-against-limewire-world-yawns/">won its infringement case last May</a> when US District Judge Kimba Wood found that <a href="http://www.zeropaid.com/limewire/">Limewire</a> and its creator, Mark Gorton, had both committed copyright   infringement, engaged in unfair competition, and     induced others to   commit copyright infringement.

Throughout the trial the RIAA repeatedly reminded the court of the harm it had caused artists, and so it would seem natural that they would share in any settlement money to make up for the damages done, but that may never happen.

"The RIAA has made no comment on how the recoveries in the LimeWire case   would be distributed," the RIAA's Senior Vice President of Communications , Jonathan Lamy, <a href="http://www.hypebot.com/hypebot/2011/05/riaa-executive-responds-to-limewire-105m-settlement-controversy.html">told</a> Hypebot. "That is a decision for the   individual plaintiffs.  However, the record companies have historically   shared large litigation recoveries such as the KaZaa settlement with   their artists."

When asked if they would share the $105 million with artists three of the four major labels said "yes."

“We will share the settlement money with our artists," said a Warner Music Group spokesperson.

Now Lamy claims record labels shared the settlement they received from KaZaA, Grokster, Napster, and others, but Bob Donnelly, a longtime lawyer for artists <a href="http://mediadecoder.blogs.nytimes.com/2011/05/15/getting-a-slice-of-limewires-pie/">told</a> the NY Times that he doesn't "remember any of my artists’ accountants ever saying, ‘Hey, guess what, we got a great bonus this month’.”

In fact, three years ago artists were still looking for a cut from settlement money seven years after the Napster case was settled, and two years after KaZaA

"Artist managers and lawyers have been wondering for months when  their   artists will see money from the copyright settlements and how it  will   be accounted for," <a href="http://www.zeropaid.com/news/9295/artist_managers_demand_riaa_shares_settlement_money/">said</a> lawyer John Branca, who has represented  Korn,   Don Henley, and The Rolling Stones, among others, at the time.

EMI, Warner Music, and Universal Music, all said they were already   sharing or in the process of sharing the settlement money, but artists saw little, if anything at all.

"The record labels are experts at transferring money around and putting the onus on artists managers to find it," added Branca.

A more likely scenario is that the RIAA will do as it usually does and deduct the cost of litigation - 5yrs involving probably dozens of lawyers - and divide the remainder among labels who will in turn pass it on to artists. The reality is that a majority of artists won't see a dime from the settlement, and only the artists responsible for sizable sales will see a cut.

In the end the only ones that'll really be compensated are lawyers and a handful of big name artists.

Stay tuned.

<em>jared@zeropaid.com</em>]]></content:encoded>
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		<slash:comments>4</slash:comments>
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