No, it's not what you think: a swash-buckling extra-legal pirate hunter with a musket, a clipper ship and letters of mark stalking the coasts of Somalia. It's about copyright piracy. And it's kind of sinister.
The British Secretary of State is proposing legislation that would give his position the ability to create anti-piracy legislation without Parliamentary debate. The goal is to crack down on copyright infringement in a big way.
Cory Doctorow at Boing-Boing broke the story:
"This is as bad as I've ever seen, folks. It's a declaration of war by the entertainment industry and their captured regulators against the principles of free speech, privacy, freedom of assembly, the presumption of innocence, and competition. This proposal creates the office of Pirate-Finder General, with unlimited power to appoint militias who are above the law, who can pry into every corner of your life, who can disconnect you from your family, job, education and government, who can fine you or put you in jail."
This comes as some see the music industry starting to recover from a hard decade of battling piracy. The Economist wrote last week that though sales across the industry are down a third, the music business is adapting successfully. And moving beyond suing the pants of off random downloaders. Viacom's chief counsel told a group of Yale law students that suing P2P users "felt like terrorism".
Well it certainly seems like the Brits are gearing up for the sort of extralegal powers we're used to over here with our War on Terror. ...But...wait...that's backward...the terrorists are....the lawyers? Ah, somebody'll figure it out.
With the Lisbon Treaty being signed by all European Union member states, the Pirate Party has gained another seat in the European Parliament. The second Pirate Party seat will be occupied by the 22 year old Amelia Andersdotter, who will become the youngest Member of the European Parliament.
A criminal investigation has been launched against senior executives of YouTube and parent company Google in Hamburg, Germany, over allegations of copyright infringement, according to media reports from that country. The case started after a complaint by German music rights holders; Hamburg’s prosecutor has formally requested assistance from U.S. colleagues to compel YouTube to produce log files identifying who uploaded as well as who viewed 500 specific videos.A criminal investigation has been launched against senior executives of YouTube and... more
Check out these top 10 plagiarism scandals of all time that have affected some of the world’s most illustrious publications and individuals.Check out these top 10 plagiarism scandals of all time that have affected some of the... more
An assistant at a grocery store in Clackmannanshire, Scotland, was ordered by the Performing Right Society (PRS) to obtain a performer's license and to pay royalties because she was informally singing popular songs while stocking groceries. The PRS later backed down and apologized. This after the same store had turned off the radio after a warning from the PRS. We have entered an era where music is no longer an art for all to enjoy, but rather a form of private property that must be regulated and taxed like alcohol. "Music to the ears" has become 'dollars in the bankAn assistant at a grocery store in Clackmannanshire, Scotland, was ordered by the... more
For all or you budding film makers this is the article for you to read now, before you have a day in court.For all or you budding film makers this is the article for you to read now, before you... more
"Listen Beyonce, I'm a let you finish.. You had one of the best videos of all time. But at least Taylor Swift writes all of the songs that she claims to write.."
I have always been a fan of Destiny's Child and the solo pieces from each of the remaining three members. It has been a beautiful thing to watch over the last decade. I love watching people Horatio Alger their way to success. It is the American Dream. I enjoy watching others achieve it while I am still on my way up. But I have definitely also been a hater of Beyonce, the person. She has great media training but there is something about 'the real her' that 'really' annoys me. That aside, I have never been able to deny that she is a very talented young woman. She has a beautiful voice and her songwriting credits are extensive. So I'm a lover and a hater.
Now, let us find out that SonyBMG has been involved in some old-fashioned corporate thuggery, hacking an indie artists computer and stealing music and video treatments from independent artists and passing the content on to artists signed to the major label. Madonna and Beyonce are two of the biggest players in the music industry and have been involved with this type of claim this entire decade, although major media outlets have barely reported on the matter. I knew that there was something funny about Beyonce and I feel like my intense hate has been vindicated. She and her former-manager/father, Matthew Knowles, have been taking a lot of credit for the hard work of others in the music industry. They have been wildly successful, that is for certain. But as with all major wealth, to acquire the multi-million dollar fortunes the old saying goes: "If you ain't cheatin', you ain't tryin'."
Accessing unreleased copyrights on a private, protected computer, then using it to enrich yourself to the tune of millions, constitutes:
Felony hacking (you commission or participate in a crime, you did it)
Copyright infringement
Criminal copyright infringement
Fraud
Grand theft larceny
Violation of the Computer Abuse Act
Violation of the Digital Millennium Act
Violations of the RICO Act
Money Laundering
Conspiracy
I understand artistic license and being inspired by another artist, etc. The problem lies when one passes the ideas on as their own without giving proper credit where it is due. Knowles has 'forgotten' to pay the Wilhwlmina Artist Management $88,000 for brokering her $900,000 L'Oreal contract in April 2001. Knowles and family gave Greg Walker of Icon Entertainment the slip to the tune of $25,000 for his services rendered in brokering the $15,000,000 fashion deal for the House of Dereon in 2004. She has publicly claimed to have written "Crazy in Love" and "Irreplaceable," though they were actually written by their respective producers Greg Harrison and Ne-yo. Fans may also be saddened to hear of the ongoing litigation involving such hits as "Survivor", "Baby Boy", and "Independent Women." It should be noted that Beyonce fired her father from her manager position back in 2007 and Destiny's Child member Kelly Rowland followed suit in January 2009. Millions of dollars in royalties are deserving of the plaintiffs, independent artists doing just that: creating art. But decide for yourself.
Blogs and the internets have tried their best to disseminate the message but we all know how easy it is to discredit independent news outlets, especially weblogs."Listen Beyonce, I'm a let you finish.. You had one of the best videos of all time.... more
Driven by increased crackdowns on BitTorrent sites such as The Pirate Bay, software pirates are fast moving their warez to file hosting websites.Driven by increased crackdowns on BitTorrent sites such as The Pirate Bay, software... more
Exploiting fear of legal action can bring unexpected riches
In a somewhat cynical table-turning exercise, a German anti-piracy body seems to be encouraging illegal downloading of music and other media in an effort to strong-arm money out of lawbreakers.
DigiRights Solutions (DRS) from Darmstadt has circulated a presentation to potential clients explaining how they might make more money by pursuing illegal filesharers than from regular, legal sales.
No questions asked
The key to the DRS strategy is a previously unknown figure suggesting 25 per cent of people who receive a letter threatening legal action prefer to just pay the settlement fee without question.
As copyright holders in the DRS model get €90 (£84) of the €450 (£418) damages charge per offense, that can be up to 150 times what a legal download brings in.
Lily Allen take note!!!!!Exploiting fear of legal action can bring unexpected riches
In a somewhat cynical... more
I find it unbelievable that a common phrase (that was used way before it was the title of any book) can be trademarked. We’re not talking about the names of products … we’re talking about the English language. You know, the words many of us use for such things as … talking, and writing, and general communication? Perhaps I’m a little behind the times, but is it really possible to claim whole chunks of the language, and force people to get permission to use the language, just in everyday speech?I find it unbelievable that a common phrase (that was used way before it was the title... more
Unlike most people might think, piracy is not necessarily a bad thing for copyright holders. In fact, German pirate-tracking outfit DigiRights Solutions shows that copyright holders can earn 150 times more money from illicit downloads than from iTunes and other legal stores.Unlike most people might think, piracy is not necessarily a bad thing for copyright... more
Internet users have access to 4.6 million books, maps, photographs, video clips and digital newspapers on Europeana, Europe’s multilingual digital library. The European Commission has set itself the goal of reaching 10 million digital objects by 2010. Brussels has also launched a debate on the need to reform copyright legislationInternet users have access to 4.6 million books, maps, photographs, video clips and... more
A Seattle judge ruled in favor of a man arguing that he has the right to sell secondhand software, in a case that had some people worried about an end to used book and CD stores.
The suit was initially filed by Timothy Vernor after eBay, responding to requests by Autodesk, removed the Autocad software that Vernor was trying to sell on the auction site. eBay later banned Vernor from the site, based on Autodesk's complaints.
Vernor argued that since he was selling legitimate versions of the software, not illegal copies, he hadn't violated any laws.A Seattle judge ruled in favor of a man arguing that he has the right to sell... more
A judge Tuesday heard arguments in a dispute over software sales that could potentially have repercussions on the secondhand sale of virtually any copyright material.
The suit was filed by Timothy Vernor, a seller on eBay, after Autodesk, citing the Digital Millennium Copyright Act, asked eBay to remove some of its software products that Vernor had listed for sale there, and later to ban him from the site.A judge Tuesday heard arguments in a dispute over software sales that could... more
Google and Amazon: Making Theft and Price-Fixing the Legal Default
By Alex Green
For the first time in American history, a single corporation is attempting to gain full ownership of an extraordinary number of books printed during the last century, effectively controlling their dissemination by default without the consent of those who still hold valid copyrights. In early September authors and their representatives ran out of time to invoke ownership of their own writing and opt out of a legally questionable settlement. The settlement, which is pending in federal court, reveals Google Inc.'s unprecedented attempt to invert the United States copyright structure and monopolize control of a huge swath of intellectual property.
The current agreement, reached in 2008 between Google, The Authors Guild of America, and the Association of American Publishers has touched off the most vociferous public battle between technology companies since the inception of the Internet. At stake is supremacy in the coveted marketplace of content ownership and book digitization. The Justice Department filed strong objections to the settlement last week, registering concerns that Google has violated anti-trust laws by gaining such broad control without legal supervision. Those concerns resulted in a request by all three parties this week for a postponement of the court’s ruling while they rewrite the agreement.
Online book retailer Amazon.com, Google’s non-profit rival The Internet Archive, Yahoo, Microsoft, and other media companies have joined an umbrella organization called The Open Book Alliance to combat Google’s advance. In recent weeks they have filed a barrage of complaints to the court and Congress. Their appeals and public statements have exposed for the first time large areas of legal uncertainty in an industry known for widespread avoidance of public legal battles and legislative interference.
In their legal assault, Amazon appears to have suggested its own involvement in business practices that have widely been considered unethical and potentially illegal. An Amazon spokesperson told the Associated Press last month that if Google were to gain control of the marketplace his company would no longer be able to obtain low prices for customers by, “playing one publisher off against another." Their statement implies the use of manipulative negotiating practices to receive books at lower wholesale prices than competitors despite the existence of legal precedents that restrict large companies from receiving disproportionately favorable discounts.
The Author’s Guild has also come under fire, with critics questioning the right of an advocacy group to negotiate on behalf of authors who did not seek their support. If upheld, such a broad invocation of representative power by a guild would be unprecedented in American history.
Compounding the problem is the prevalence of conflicts of interest among board members of nearly every party involved in the litigation. One particularly disconcerting example involves the venture capital firm Kleiner, Perkins, Caufield, & Byers which currently has three partners serving as board members or advisers to Google or Amazon, including John Doerr who is a board member at all three companies.
The triumvirate of Kleiner board members also includes former Vice-President Al Gore who is a senior advisor to Google. Gore’s presence is a reminder of the close proximity between the political establishment that first gave rise to broad Internet use and the now-powerful companies that benefited from government encouraged non-regulation throughout the 1990’s and into this decade.
The rise of these companies has created an institutionalized imbalance predicated on the absence of basic legal strictures in the technology sector. Without regulation tech companies have fed a decade-long ascendancy on a margin of profit derived from their near universal exemption from state tax laws...Google and Amazon: Making Theft and Price-Fixing the Legal Default
By Alex Green... more
"You’d be hard-pressed to find a recent comic book that didn’t have the stylish scrawl of the artists somewhere on the cover, but that was not the case when Jack Kirby was making pop culture history back in the 1960s with his wildly kinetic drawings of the X-Men, Hulk and the Fantastic Four. “I think I have a highly unique and unusual style, and that’s the reason I never sign my drawings,” the proud Kirby told an interviewer in 1987, seven years before his death. “Everybody could tell any of my covers a mile away on the newsstand, and that satisfied me.”
The satisfaction was fleeting. The artist may be reverently referred to as “King” Kirby by the pop scholars and younger artists who celebrate his genre-defining work but Kirby is, in some ways, an overlooked figure in the broader view of American culture. He didn’t live to see his creations fly across the movie screen over the last decade and his four children made nothing from those lucrative films, although they are now pursuing legal action to claim some of the future Hollywood wealth. “There is,” daughter Lisa Kirby says, “a bittersweet legacy to my father’s work.”
On a recent afternoon, in Beverly Hills, a different man was autographing a giant lithograph reproducing one of Kirby’s classic Fantastic Four covers. It was Stan Lee, the writer who was Kirby’s most famous collaborator until they became estranged over creative credit, artwork custody and money. An art dealer had brought stacks of limited-edition lithos, some to be priced at $850, to Lee’s Santa Monica Boulevard office along with a check in his pocket to pay the 86-year-old Lee for his autographs.
Lee had written the stories for the classic comics, of course, but considering all the history, it was still odd to see his name etched on the cosmic Kirby tableau from 1966.
“Yes, there was a time when there was some hard feeling on his part ... but he got over that and we were friends,” Lee said. “It really is sad that he didn’t get to see all the big movies. None of us could predict that we would get to this point with the films. I don’t dwell on it too much because I’m always so busy doing what I am doing today. Unfortunately the guys back in the day did not make as much as they do today. Years ago also you had artists doing these comics who, well, there was nothing else they could have done. Their style wasn’t right for advertising or magazines like Saturday Evening Post or Collier’s. And as for us writers, well, we weren’t qualified to write for the New Yorker. Comic book writers were considered hacks, and artists weren’t really thought of as much beyond that.”
Lee studied one of the other art pieces, a dazzling revisiting of a Kirby cover for Captain America. "Wow, look at this one." The pieces are being sold by the Santa Monica gallery called Every Picture Tells a Story as part of a new licensing deal with Marvel to create high-end wall art from illustrations that were, in their day, the most gaudy and disposable entertainment imaginable. “As far as I’m concerned,” Lee said with his endless zeal, “it is fine art."
The story of two “hacks,” as Lee would frame it, will be scrutinized much more considering recent events. Last month, the Walt Disney Co. paid $4 billion to scoop up Marvel Entertainment and its vault of florid characters who over the last decade have become Hollywood box-office heroes. Many of the most valuable properties in that vault were created by the wildly prolific tandem of Lee and Kirby in the 1960s; there are two big-budget movies now in the pipeline for Marvel Studios that are based on Lee-Kirby creations (“The Mighty Thor" and “The Avengers”) and a third (“First Avenger: Captain America”) based on the work of Kirby and writer Joe Simon. The Kirby brood watched the Disney deal happen and within days were conferring with new attorneys."
Earlier this week TorrentFreak reported that there had been objections over one of the proposed lay judges set for the Pirate Bay appeal. Now there are yet more claims of possible bias, this time with two of the main judges who have both been members of pro-copyright groups.Earlier this week TorrentFreak reported that there had been objections over one of the... more
Why a government should make a law like that? There are several possible answers and none is good. Because it's ignorant of the nature of the net. Because it has more care for the interests of companies than those of citizens. Because will use it for reasons of censorship. The law of which we speak is the new French law against "piracy" on the Internet passed by the French on the insistence of Sarkozy government.Why a government should make a law like that? There are several possible answers and... more
The French National Assembly voted Tuesday to adopt, by 258 votes to 131, the so-called "three strikes" law criminalizing file-sharing. Those caught infringing copyright online could face the suspension of their Internet access, a fine or even prison.The French National Assembly voted Tuesday to adopt, by 258 votes to 131, the... more
