EU Public Affairs Monitor - 16/01/09

MA judge OKs streaming of music-swapping hearing
"A federal judge on Wednesday authorized the first online streaming of oral arguments in a U.S. District Court in Massachusetts in a copyright infringement lawsuit that pits a Boston University graduate student against the music recording industry.

U.S. District Court Judge Nancy Gertner restricted the live streaming to a Jan. 22 hearing, saying she will decide later whether to make other proceedings in the case, set for March 30 trial, available online.
The lawsuit is one of a series filed by the Recording Industry Association of America since 2003 against about 35,000 people who allegedly swapped songs online. Most of those sued are college students, and many have defaulted or settled for amounts between $3,000 and $10,000, often without legal counsel." [Google]

DtecNet, the anti-piracy outfit replacing MediaSentry as the RIAA’s chief evidence collector, also operates in several other countries. The Danish company is working for the BPI in Britain in support of its drive to force a “3 strikes” regime, and helping in Australian investigations against alleged pirates. We take a closer look.
"Earlier this month it was confirmed that the RIAA was dumping its anti-piracy partner, MediaSentry. After five years of legal action and mass lawsuits it decided its relationship with the notorious tracking company should come to an end. Some commentators believed that this signaled the end of the RIAA’s legal action against file-sharers, but that is definitely not the case.

The RIAA will now be working with DtecNet, a Danish anti-piracy tracking company which employs largely the same techniques as MediaSentry, but the aims will be slightly different in the majority of cases. The new tactic for the IFPI-headed music industry is to target ISPs instead, lobbying governments to implement the dreaded “3 strikes” or “graduated response” scheme reported so often in recent months." [TorrentFreak]

Universal digital chief on iTunes, DRM, and Android
"Rio Caraeff didn't come up in the music business scouring nightclubs and honkey tonks for talented new acts. Caraeff, executive vice president of Universal Music Group's eLabs, has a background in mobile technology and software. Nonetheless, he just might be the prototype for the label exec of the future.

Unlike more traditional industry suits, Caraeff doesn't believe litigation is the answer to piracy. He doesn't believe in copy-protection software. He doesn't believe that the music industry needs to find a strong competitor to Apple to flourish. What he does believe in nurturing new revenue streams and pruning 10-click online music shopping to one. He believes in the power of mobile devices to sell music (he says Google's cell phone, Android, is proving to be a powerful music-buying tool)." [CNet]

Longer copyrights for songs would deal a blow to our cultural heritage
"If Charlie McCreevy, the European commissioner for the internal market, has his way, the copyright on music will be extended from 50 to 95 years, making the Beatles' ‘Yesterday' and their other early hits ‘free' not in around six years' time but 50 or more years from now.

McCreevy's proposed directive, on which the European Parliament's legal affairs committee will vote in February, pleases the recording industry, which has long lobbied for it, but it has provoked fierce criticism from economists and lawyers. Their criticism is not surprising, for the industry's arguments are flimsy. The Commission has nonetheless been persuaded, aided probably by the idea of a ‘musicians' fund', which would receive 20% of the revenue from selling old recordings.
But most economists argue that a ten-year term should be enough to ‘incentivise' the creative muse. And, for those interested in Europe's culture, the downside of long protection would be that a large part of our heritage would be consigned to a commercial vacuum, with numerous works orphaned because their authors cannot readily be located.

The European Commission acknowledges the problem in the directive's ‘use it or lose it' clause. But this is so poorly drafted it would have little practical effect." [EuropeanVoice]

EU Public Affairs Monitor - 16/01/09

Christine Albanel se rend à Cannes pour inaugurer le 43e Marché international de la Musique et de l’Edition Musicale (MIDEM)
"...qui se tient du 17 au 21 janvier. Elle y prononcera un discours, suivi d'une conférence de presse. Elle rencontrera aussi des parlementaires et des professionnels du secteur musical à propos du projet de loi « Création et Internet ».

Le plus grand marché musical au monde. Chaque année, depuis 1967, le MIDEM réunit à Cannes les professionnels du monde entier, qui travaillent dans tous les secteurs de la filière musicale – disque, édition, spectacle vivant, vidéo clip, internet, téléphonie mobile...

Pour son édition 2008, le MIDEM a rassemblé 9 093 participants représentant 4 545 entreprises provenant de 88 pays. Ils ont été 2 233 à tenir un stand. La surface d’exposition était de plus de 9 000 m2.. 482 journalistes appartenant à 398 médias étaient présents pour couvrir l'évènement. L'Origine des participants en 2008: Europe: 67%. Amérique: 22%. Asie: 6%. Océanie: 2%. Moyen-Orient: 2%. Afrique: 1%.
Le 43e Marché international de la Musique et de l’Edition Musicale (MIDEM), qui se tient du 17 au 21 janvier à Cannes. Il est inauguré par Christine Albanel." [Culture]

La coalition d'Angela Merkel s'accorde sur un plan de relance historique
"Les partis de la coalition gouvernementale allemande, CDU et SPD, ont officiellement adopté, lundi soir 12 janvier, un plan de relance historique de 50 milliards d'euros sur deux ans, prévoyant notamment des baisses d'impôts. Il vise à donner un coup de fouet à l'économie de la première puissance exportatrice mondiale menacée d'une grave récession, alors que se profilent les élections législatives du 27 septembre.

Ce plan de relance économique, le plus important dans l'histoire de l'Allemagne d'après-guerre, comprendra des baisses d'impôt d'un montant de quelque 18 milliards d'euros pour les particuliers et pour les entreprises, ont indiqué Peter Struck, chef du groupe parlementaire SPD et Volker Kauder, chef du groupe CDU, à l'issue d'une réunion commune à la chancellerie. Ce plan prévoit également "un grand pacte pour l'investissement" de 17 à 18 milliards d'euros dans lequel seront impliqués l'Etat fédéral, les Etats régionaux et les communes, a souligné M. Struck à l'issue de la réunion de près de six heures dirigée par la chancelière Angela Merkel." [LeMonde]

Sarkozy annonce la gratuité des musées pour les moins de 25 ans
"Lors de ses voeux devant les responsables du monde de la culture, le Président a aussi promis 100 millions d’euros pour la rénovation du patrimoine. Le président Nicolas Sarkozy a annoncé aujourd’hui un accès gratuit aux musées et aux monuments de l’Etat pour les moins de 25 ans ainsi que les professeurs. Cette mesure entrera en vigueur le 4 avril, a précisé le chef de l’Etat, lors de ses voeux devant les responsables du monde de la culture.

Cette mesure de gratuité «ne tue pas les musées, au contraire, car les jeunes qui ont l’habitude d’aller au musée» iront également quand ils seront adultes, a jugé Sarkozy. Le ministère de la Culture avait mené au premier semestre 2008 une expérimentation de gratuité totale (pour les collections permanentes) dans quatorze établissements nationaux, musées ou monuments, avec pour objectif d’élargir leur fréquentation à de nouveaux publics." [Liberation]

EU Public Affairs Monitor - 09/01/09

Keeping the coins in a jar by the door; Musicians, including a player on 'Eleanor Rigby,' are trying to extend European royalty payments. January 5, 2009
“Patrick Halling is fighting to keep the few cents he earns every time the Beatles' "Eleanor Rigby" airs on the radio.

The Beatles song was released in 1966 and under European Union law will enter the public domain in 2016, meaning Halling's violin-led string background on the song will lose its copyright protection and the royalties will end.” [ContentAgenda]

Change? Obama Brings RIAA Attorney Into Administration
“Barack Obama is furiously assembling his administration, part of an urgent, pre-inaugural preparation. Obama has been praised for quick team-building, though critics have accused the change-candidate of drawing heavily from former Clinton staffers. That includes the most recent group of Justice Department picks, a group that includes former RIAA counsel Tom Perrelli.

Perrelli, co-chair of the entertainment and new media division at Jenner & Block, is being named to an associate attorney general post at Justice. The Perrelli background was highlighted Wednesday by Declan McCullagh of C|Net, who contrasted the Perrelli pick to the ideologies of Obama supporters like Lawrence Lessig and Google chief executive Eric Schmidt. Perrelli was involved in a range of RIAA suits, including those aimed at prying subscriber information from ISPs like Verizon and Charter Communications.” [DigitalMusicNews]

EU Public Affairs Monitor - 09/01/09

Debates on creativity
"Throughout EYIC2009 six debates on key topics around Creativity and Innovation will be held in cooperation with the European Policy Centre (EPC), special partner of the Year. The debates are designed to provide a platform for reflection and exchange of ideas which can contribute to policy discussion on Creativity and Innovation.

In each debate, high level speakers will introduce their views and experience in Creativity and Innovation. The debates will take place in Brussels and will cover the following issues:
* Cultural diversity as basis for Creativity and Innovation
Debate organised to explore Europe’s potential for C&I through multiculturalism.
* Creativity and Innovation in the public sector
Debate focused on innovation in the public sector through integration of technologies and innovation of processes, in particular in the fields of health, education and social services.
* Education for creativity and innovation
Debate on the importance of education for developing creative, innovative and entrepreneurial societies.
* Creativity and Innovation and the knowledge society
Debate on how the free movement of knowledge can both inspire creativity and innovation in Europe and contribute to an important modernisation of Europe in light of economic and social challenges.
* Creativity and Innovation and sustainable development
Debate on eco-innovation with particular attention to climate change, security of energy supply and the issue of innovation and job-creation.
* Creative arts and Industries
Debate about the role of creative arts in industrial design and development." [Create]

Creativity versus crisis: European Year of Creativity and Innovation
"Encouraging people to be as creative and innovative as possible in education, employment and cultural activities are three main aims of the European Year of Creativity and Innovation launched Wednesday. The aim is to innovate in areas such as the economy but also social and individual well-being.

Other objectives for this year include creativity and innovation in transport policy, the environment, research and the information society. There will be promotion campaigns, events and initiatives at European, national, regional and local levels. Supporters are hoping it will help the so called "Lisbon Agenda" launched in 2001 which aims to make the EU "the most competitive knowledge-based economy" in the world by 2010." [Europa]

HARDtalk interview broadcast
Stephen Sackur speaks to the CEO of the International Federation of the Phonographic Industry, John Kennedy. These are tough times for the traditional record companies.
Sales of CDs are falling, the battle against online piracy shows no signs of abating and established artists are working more independently.

John Kennedy is the CEO of the International Federation of the Phonographic Industry.
Is the new digital era good for artists, fans and the music industry, or is it a disaster in the making? He represents the international recording industry worldwide and is fighting for its survival. [BBC]

Cable operators first ISPs to respond
"After a decade of RIAA-bashing by very vocal advocates who essentially believe that music should be shared freely over the Internet – or, at least, that music copyright holders should not enforce rights in court – it comes as no real surprise that U.S. Internet services providers that agreed recently to help stem peer-to-peer piracy want their names and the terms held in confidence. Lips of the parties -- and possible parties -- to the ‘graduated response’ deals involving illegal file sharers, brokered by New York State Attorney General Andrew Cuomo, are tighter than usual.

While it would seem logical that telecoms such as Verizon and AT&T, which benefit from their legitimate music offerings, would be leading the way in the initiative, such is not the case.

A Music Confidential investigation indicates that cable operators were the first of the “several leading ISPs” to seal the deals. The cable operators’ trade group, the National Cable & Telecommunications Assn. (NCTA), was right in the midst of it all. And Cuomo doesn’t intend to limit his appeal to those ISPs within New York." [MusicConfidential]

Pay backs for ringbacks
"After several years of uncertainty in Germany over who controls the right to license compositions for ringtones, the highest court in the country issued a ruling just before Christmas. The result is raising even more questions as ringtone providers, publishers and German collecting society GEMA try to figure out who is entitled to the millions of Euros at stake. Aside from the legal and monetary implications, the case serves as an alert to rights holders reminding them of the importance of reading society membership agreements closely, especially as they relate to ‘new ‘ technologies.

Germany is the only country where courts have recognized that a ringtone is an ‘adaptation’ of a recorded composition under copyright law. This triggers the right of writers and publishers to collect fees from users for engaging in three activities: the reproduction (aka the mechanical reproduction), the performance and the adaptation. GEMA had been licensing the mechanical and performance rights for ringtones, while many publishers were licensing separately – and directly to providers – the adaptation right. As a result, ringtone providers were obtaining a license from GEMA and licenses from many individual publishers – and paying both."[MusicConfidential]

EU Public Affairs Monitor - 05/01/09

Les producteurs belges contre les sites illégaux
"Les producteurs belges de musique, de films et de jeux vidéo, représentés par la Belgian Entertainment Association (BEA), demandent mardi, dans un communiqué, que les sites illégaux de téléchargement soient bloqués « le plus rapidement possible » par les fournisseurs belges d'accès à internet.

Selon la BEA, les auteurs, les artistes mais aussi les consommateurs sont victimes de ces sites. Dans son édition de janvier 2009, Test-Achats passe au crible un certain nombre de sites musicaux qui proposent le téléchargement payant." [LeSoir]

Spanish Web Users Angry At Anti-P2P Campaign
"Spain's Association of Internet Users (AI) has demanded that the culture ministry cancel a national campaign against P2P file-sharing and illegal downloads called "If you are legal, you're legal." The adjective 'legal' in Spanish can also mean 'okay' or 'good' when applied to a person.
According to an AI statement, the campaign "recklessly offers information that lacks all legal basis, with the exclusive aim of re-educating public opinion."

The campaign launched in late November on TV, radio and in the press. It shows people downloading, with comments from some who defend legal or paid downloads, and criticises those who download illegally, without paying. The campaign also specifically criticises P2P file-sharing." [Billboard]

EU Public Affairs Monitor - 31/12/08

Orphan works - a Sterling solution? 4 December 2008
"Over the years, few members of the IP fraternity can have won as many friends as Professor Adrian Sterling, a distinguished international copyright lawyer and a dedicated teacher of his craft. Adrian's legendary kindness, the IPKat notes, extends beyond his students and colleagues and reaches as far as orphans and their copyright works ... [at this point Merpel interjects: "silly Kat! It's orphan works, not works of orphans! We're talking about works that are metaphorically orphaned because their 'parentage', in terms of authorship or ownership, cannot be traced"]. "As I was saying", continues the IPKat, "Adrian has been working on a scheme for resolving the orphan work problem, which traps many otherwise exploitable works in a sort of commercial limbo". This scheme has been adopted by the British Copyright Council in its Response on the Green Paper on Copyright in the Knowledge Economy, and the paper will be circulated tomorrow at the 8th IBC Annual Conference on International Copyright Law.

As a special treat, readers of this weblog, whether orphans or sufficiently parented, can get a preview all of their own, which can be read here. If you'd like to have a look at it and tell Adrian and/or the IPKat what you think of it, please feel free to do so. Comments to the IPKat can be posted below. Emails to Adrian can be directed here." [IPKitten]

Web Radio Royalty Battle Takes New Turn December 31, 2008 Wednesday
“The battle over radio royalty rates will likely continue into 2009, with the latest issue tackling how and when cable, satellite, and Internet stations should report their playlists to copyright holders in order to determine payment.The Copyright Royalty Board, a government body that sets royalty rates, released a notice on Tuesday that suggests altering the reporting requirements for stations." [ContentAgenda]

New York state may begin taxing music downloads Dec 17th 2008
"New York, the state that brought us taxes on items bought over the internet is at it again. This time governor David Paterson is considering a 4% tax on music and other digital media downloads." [DownloadSquad]

EU Public Affairs Monitor - 31/12/08

RIAA graduated response plan: Q&A with Cary Sherman December 21, 2008
"On Friday, major news broke: the RIAA would (largely) abandon its widespread lawsuit campaign against individuals in favor of a "graduated response" partnership with ISPs. The outlines are clear enough—the RIAA will identify infringers, pass that information on to ISPs, who will notify (and eventually sanction) users without turning personal information over to the music industry.

But details, in some cases hugely important details, remained unclear. Chief among these was the lack of any talk about an oversight or appeals process for users who want to contest the RIAA's claims in some way. We checked in with EFF attorney Fred von Lohmann, one of the leading non-industry voices on these issues; he suggested five potential "gotchas" that need to be scrutinized as the plan goes forward." [ArsTechnica]

No more lawsuits: ISPs to work with RIAA, cut off P2P users December 19, 2008
"In a stunning turn of events, the US music industry has ceased its long-time litigation strategy of suing individual P2P file-swappers. Instead, with New York Attorney General Andrew Cuomo acting as a broker, the RIAA has signed voluntary "graduated response" agreements with major Internet service providers. Those currently on the receiving end of an RIAA lawsuit, though, will have to see it through to the (very) bitter end.

The Wall Street Journal (subscription) broke the story, and Ars has confirmed all details given in the piece." [ArsTechnica]

ISP to RIAA: Pay up or do your own dirty work December 22nd, 2008
"I love stories of the little guy going head-to-head with the big guys, especially when the big guy looks like a fool in the end.

CNET’s Greg Sandoval tells the story of a small Internet Service Provider in Louisiana whose owner has refused to play ball with the Recording Industry Association of America - at least on the RIAA’s terms. Last week, the RIAA announced that it was going to shift strategies to fight piracy. Instead of filing mass lawsuits, the RIAA said it is partnering with ISPs to identify, serve notice and potentially disconnect file-sharers." [ZDNet]

RIAA drops mass lawsuits, recruits ISPs to crack the whip December 19th, 2008
"The headlines across the blogosphere make it sound like the Recording Industry Association of America has thrown in the towel and decided to stop going after music pirates on the Internet. That’s not exactly the case.

Instead, the RIAA is teaming up with Internet Service Providers to identify and, potentially, blacklist offenders from obtaining an Internet connection in the future. That keeps the RIAA from having to subpoena the ISPs for user information and instead puts the ISP into the hot seat to crack the whip on the customer. OK, maybe blacklisting would be an extreme, last resort after repeated warnings - but I could see it headed that way." [ZDNet]

Update on Capitol Records v. Thomas: Motion to Certify an Appeal Denied; Petition for an Extraordinary Writ May Follow 12.31.2008
"Earlier this fall, the Court adjudicating Capitol Records, Inc. v. Thomas, vacated a $222,000 jury verdict because the Court found it had erred by instructing the jury that U.S. law provides a "making-available right." I have discussed the profound and numerous flaws in that ruling here (http://pff.org/issues-pubs/pops/2008/pop15.16thomasmaright.pdf). I discussed the downright disturbing flaws in Section K of that ruling, (which contains the Court's associated advisory opinion on copyright reform), here (http://pff.org/issues-pubs/pops/2008/pop15.18thomasreform.pdf).

After the ruling, the Thomas Plaintiffs did just what they should have: They filed a motion to certify the Court's making-available-right ruling for an interlocutory appeal. Thomas is an ideal case for an interlocutory appeal: the recent self-reversal in Thomas would require the parties to re-try the entire case because the Court used internally inconsistent reasoning to adopt a minority position on a pure question of law that admittedly causes the United States to violate nine international agreements. Stronger grounds for an interlocutory appeal are scarcely conceivable." [IPCentral]

EU Public Affairs Monitor - 30/12/08

Choruss: legal file sharing on campus 11th December 2008
"The plan to provide US students with compulsory flat-fee music finally has a name, it emerged this week. Choruss LLC will provide participating universities with a replacement for their current subscription services such as Rhapsody, and has the backing of the the EFF and the tacit support of the RIAA. That alone indicates the magnitude of the initiative. When have those two lobbying groups ever agreed on music policy?

This, the worst kept secret in the music business, leaked out in April, when Jim Griffin confirmed he had been engaged by Warner Music to seek deals that would help end the litigation strategy against students, and replace it with a steady pool of income for the rights holders. (Griffin has spent a decade campaigning to "monetize the anarchy" of digital music - see our 2004 interview)." [TheRegister]

Has Boston University Left Its Safe Harbor and Become Liable for Students' Piracy? 12. 2.2008
"Defenders of the most egregious, blatant forms of online copyright piracy often suffer from what could be called Wile-E.-Coyote syndrome: They can become so fixated on throttling the roadrunner of copyright protection that they fail to notice that they have just run off a cliff and begun plunging downward.

For example, a federal judge has reportedly held that Boston University (BU) is such an incompetent internet-access provider that it cannot disclose the identities of allegedly infringing users of its network. In London-Sire Records, Inc. v. Does 1-4, Judge Gertner's recent order granted BU's "Motion to Quash" because "[BU] has adequately demonstrated that it is not able to identify the alleged infringers with a reasonable degree of technical certainty."

Continue reading Has Boston University Left Its Safe Harbor and Become Liable for Students' Piracy? . . ."

New Op-Ed December 30, 2008
"Rick Carnes and I co-wrote an op-ed on ISP music licensing (as exemplified by the Choruss operation) for Content Agenda that might be of interest.

http://www.contentagenda.com/article/CA6625534.html?industryid=45173t

Coolfer published a couple comments on the op-ed. Let it be known that I dig Glenn and Coolfer and I'm just clarifying a couple things he mentioned (also just speaking for myself here and not for my co-author).

One of the points we made is that an unlimited download service at below market rates undermines the investment that legitimate services have spent and committed. (I refuse to use "all you can eat" to describe these services as that phrase grates on me as comparing music to, let's say, a potato, which I won't do.) The point (which I made in more detail in a recent article for the ABA) is that users are already paying for the very Internet connection they use to buy their music from legitimate services. If you tell them that they only need to pay $5 a month more for all the music they want from what were once illegal "services"--well, I think you see where that goes. The idea seems to be that students could get rid of their Rhapsody accounts, which appears to make EFF very happy." [MusicTechPolicy]

Don't Make Kids Online Crooks December 29, 2008 Monday
"Seventy-five years ago, Prohibition ended. Just 13 years after launching an extraordinary experiment in social reform, the nation recognized that the battle against "intoxicating liquors" had failed. Organized crime had exploded. Civil rights had been weakened. And an enormous number of ordinary Americans had become "criminals" as they found ways to evade, and profit from the evasion of, this hopeless law.

We're about a decade into our own hopeless war of prohibition, this one against "peer-to-peer piracy." The copyright industry has used every legal means within its reach (and some that may not be so legal) to stop Internet "pirates" from "sharing" copyrighted content without permission. These "copyright wars"--what the late Jack Valenti, former head of the Motion Picture Association of America, called his own "terrorist war" in which apparently the "terrorists" are our kids--have consumed an ever growing amount of legal resources. The Recording Industry Association of America alone has sued tens of thousands of individuals. These suits allege millions of dollars in damages. And schools across the nation have adopted strict policies to block activity that the Supreme Court in 2005 declared presumptively illegal." [ContentAgenda]

EU Public Affairs Monitor - 30/12/08

Music copyright extension - strings attached: Sort yourselves out, warn Burnham and McCreevy 12th December 2008
Culture Minister Andy Burnham gave clear backing to extending the copyright term for sound recordings yesterday - but called on the music business to make sure it benefits musicians, not industry fatcats.

"We want the industry to come back with good, workable ideas as to how a proposal on copyright extension might be framed that directly and predominantly benefits performers – both session and featured musicians," Burnham said." [TheRegister]

UK ignores logic, backs 20-year music copyright extension December 12, 2008
"After a UK government-led commission said that the current 50-year term for musical copyrights was fine, and the government last year publicly agreed that there was no need to extend the term, culture minister Andy Burnham yesterday made the logical follow-up announcement that yes, the government would now push for a 20-year extension on copyright. Turns out, it's the moral thing to do.

Actually, by framing the issue as a "moral case," Burnham gets to sidestep the entire issue of logic. Critics have already begun to charge that he is ignoring actual evidence and the well-regarded conclusions of the Gowers Report, not to mention previous government policy. But when the issue becomes a moral one and the livelihood of aging performers is at stake, it's suddenly easier to avoid cost/benefit analysis. Doing the right thing isn't always logical or economical." [ArsTechnica]

Are Performers A Special Case? 23rd December
"While almost every serious commentator in the field of contemporary copyright law takes the view that no case has been established for the extension of copyright term in respect of sound recordings, the case for the extension of the protection term enjoyed by performers themselves has at least one doughty advocate.

IPKat reader and copyright specialist Professor Amanda J Harcourt writes:

"While Andrew Gowers' article (Copyright Extension is Out of Tune with Reality) makes a number of useful and pithy points, it does not fairly, in my view, state the case for the performer.

While the record companies in the 1990s indubitably "missed the boat" when attempting to debate and adjust their commercial practices to accommodate the developments of the internet - and now are suffering the consequences - there are moral arguments surrounding this new development. The songwriter and performer occupy the only moral high ground in the economic environment that is the music industry. This economic model of copyright has been taken to extreme by record companies. Guy Hands's early pronouncements about executive and administrative waste soon after his purchase of EMI were on point, but an understanding of the way artists are contracted by record companies demonstrates that those at the bottom of the royalty food chain - in this case the artist - have reasons for moral outrage." [IP Kitten]

Thomas on Copyright Reform:An Injudicious Threat to Consumers and Artists
"Recently, the Court in Capitol Records, Inc. v. Thomas vacated a $222,000 verdict awarded by a jury of the peers of Defendant Jammie Thomas.1 The Court held that it committed a “manifest error of law” by instructing the jury that U.S. law gives copyright owners the “making-available right” required by nine international agreements supposedly implemented by U.S. law. But Thomas did not confine itself to an analysis of whether U.S. law provides a making-available right.

After adjudicating the motion to vacate the jury verdict, the Court appended a gratuitous final section—Section K—that used Thomas as a platform to attack the wisdom of both the jury and Congress. Section K, by casting off judicial conventions, by opining on jury questions, and by mischaracterizing the conduct of a party to a pending case—tried to present the Defendant as a poster child for an ill-conceived advisory opinion on copyright reform. In Section K, looting thus became a nonprofit avocation and deterring deceit became “oppressive.” Worse yet, these characterizations supported “reforms” that would only encourage piracy, endanger consumers, and further undermine the vitality of copyrights." [PFF]

Triennial DMCA Review at US Copyright Office December 30th, 2008
"Has it been three years already? The US Copyright Office is again hearing arguments for exceptions for, as the December 29 Federal Register notice puts it, “certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention.”

In other words, when is OK to ignore the Digital Millennium Copyright Act and hack DRM? (You’ll find information on how to participate in this democratic process at the end of this post.)" [CopyrightAlliance]

EU Public Affairs Monitor - 24/12/08

Internet Piracy: No, Virginia, There Really Is No "Competing" Against Yourself for "Free"
"CNET and others report about a charming new steal-don't-buy browser extension that reminds Amazon.com shoppers that much of Amazon's legal content can be downloaded illegally "4 Free" from The Pirate Bay. If correct, such reports expose the truly self-destructive venality of Internet piracy. They also expose the vacuity of an argument favored by defenders of piracy--the claim that content creators (and law-abiding distributors) can or should "compete against free." Usually, persons spouting this claim cite the case of "bottled water" as a real-life example. For two reasons, this example refutes their vapid claim.

First, this claim understates the achievement of commercial creators of bottled water and content. They compete not only against "free"--but against competitors whose goods seem free because their production costs and risks are subsidized by non-market sources like taxation. Creators of works like movies, music, and books, like creators of bottled water, have long competed successfully against "free" tax-subsidized alternatives (like tap water). In other words, private companies produced bottled water because they concluded that if they incurred the costs and took the risks needed to create high-quality water, taxpayers who have already paid for the "free" water produced by the County Water Board would pay again to purchase higher quality water from a private source." [IPCentral]

The hitman, the Pirate Bay and the freetard prof 10th December 2008
“Since Duchamp's urinal, a great deal of modern art has been a "prank" against the art establishment. Maybe that's why now, state-funded "pranks" like the Pirates plug-in - designed to preach to the converted - feel so stale. Or it could be Cramer's own deeply conservative (and misanthropic) outlook. By design, the course ensures his students fulfill a narrow set of ideological obligations - all of which are de rigeur in modern media theory.

And that, we must conclude, is exactly what the modern state requires from its "radicals". Rather than being outside the tent pissing in, they're quite content to be on the inside, launching Firefox browser plug-ins outwards. Repressive regimes once persecuted dissidents - now they merely need give them cushy jobs on Media Theory courses to render them useless. They'll do the rest.” [TheRegister]

Hollywood wants in on ISP "graduated responses," too : December 24, 2008 - "Graduated response" isn't just for music
"Ars has learned that the Motion Picture Association of America has been having similar discussions with US ISPs for some time and has already been involved in trial projects. The results of this limited testing have been encouraging to the movie business, as they show that most people do in fact stop sharing files illegally after receiving a simple warning from their Internet provider.

The recording industry made waves last week by announcing a set of voluntary agreements with American ISPs to pass warnings (and eventually sanctions) to users accused of sharing files illegally over P2P networks. The scheme is similar in concept to the recent deals in the UK and France, but such graduated response mechanisms are actually under consideration all over the world." [ArsTechnica]

"Can I resell my MP3s?": the post-sale life of digital goods: Second time's a charm December 17, 2008
"The Castaway" is not a very good book. Published in 1908, Hallie Ermine Rives' novel opens with these deeply unpromising sentences:

"A cool breeze slipped ahead of the dawn. It blew dim the calm Greek stars, stirred the intricate branches of olive trees inlaid in the rose-pearl facade of sky, bowed the tall, coral-lipped oleanders lining the rivulets, and crisped the soft wash of the gulf-tide. It lifted the strong bronze curls on the brow of a sleeping man who lay on the sea-beach covered with a goatskin." [ArsTechnica]

UK talks mashups, DRM, CD ripping as it opens copyright overhaul December 17, 2008
"The UK's Intellectual Property Office has some odd ideas. In thinking about the "future agenda on copyright" in Britain, the agency recognizes the disconnect the law and common actions like CD ripping, feels the pain of mashup artists who have no real way to clear rights, knows that DRM can currently override statutory copyright exemptions, and wants to hear especially from creators and users. David Lammy, the minister in charge of higher education and intellectual property, even puts quote marks around "online music 'piracy'."

The occasion for all this attention do digital copyright issues is UK IPO's new "© the future: Keeping ahead of the game" consultation. The government has a wide-ranging scheme called Digital Britain that various ministries have been at work on for several months, and the chance to think about copyright's future is part of the UK plan to make Britain a hub for the digital and creative industries. Government statistics already show that the creative industries generated 8.2 percent of GDP in 2007 and are growing twice as fast as the overall economy." [ArsTechnica]

EU Public Affairs Monitor - 19/12/08

RIAA to end its “Sue The World” policy
“In a week dominated by the Leonard Cohen classic, can I just say "hallelujah". A year that began with the news all four majors had ended their kamikaze love affair with digital rights management, is ending with the news that the Recording Industry Association Of America is axing its other self-defeating, unhelpful, surely-record-company-execs-cant-be-this-dumb policy of suing individual music fans over their use of P2P file sharing technology to acquire or share unlicensed music.

From the word go the RIAA has been at the forefront of the litigious approach to tackling the piracy threat of the internet, which was good news for lawyers, but bad news for pretty much everyone else, not least the record companies who had to foot the bill for the legal campaign that was destined to fail from the word go, and which destroyed the already sagging reputation of the record industry at a time when it needed public and consumer support, partly because the labels were clearly going to have to develop direct customer relationships moving forward, and partly because it needed enough goodwill to fight for a re-evaluation of copyright systems.
The original strategy was to sue any company making P2P networking possible. But it soon became clear that suing Napster, Grokster, Kazaa et al was not effective because, even when the US courts eventually started to find in the labels' favour, the kids had always transferred their loyalties to newer P2P systems by the time older ones had been sued out of business.” [CMUDaily]

Culture announced an imminent "unpopular" measure against piracy
“Molina says that EU ministers have in their agenda actions against practices "illegitimate"

Today, Cesar Antonio Molina, the Spanish Culture Minister, announced that "not too late" there will be legislation, "which is likely to be unpopular" to regulate Internet piracy, a practice that has branded as "illegitimate" during the ‘Breakfast Briefing Europe Press’ and that, in his view, affects the whole culture.

Asked about the possibility of blinding access to Internet pirates repeat, Molina has stated that they are "exploring ways" and that "not too late there will be a regulation" this whole issue. Probably it’ll be a regulation that will be very unpopular, but what is unpopular, dilapidated and a disaster is that thousands of jobs that gives the culture will disappear by this illegal action. That can’t be allowed, he said.

Also, Molinas says that from the Ministry of Culture is struggling and acting very well" against piracy since "many fronts" and that at European ministers meetings is a "reiterative theme”, with the development of new laws and new forms of organization, to prevent piracy, "a termite that is destroying entire network of industry, to acquire such extreme shades."” [UFI]

Copyright cop wedding crashers fined by Spanish court
“The next time you have a wedding, make sure your videographer isn't a secret spy for the RIAA or similar copyright group. This real-life scenario happened to a couple in Spain thanks to the efforts of the Spanish General Society of Authors and Editors (SGAE), a rights group for musicians and artists. But although the group managed to bust the reception venue for copyright violations, SGAE itself has been fined for violating the privacy of the newlyweds.

The incident originally took place back in 2005, when SGAE snuck a private detective into the wedding reception acting as a cameraman. The group had suspected the venue—La Doma restaurant near Seville, Spain—for using music without paying royalties. Predictably, this series of events have horrified privacy advocates who argue that the couple's privacy was breached. As noted by The Sunday Times, however, the issue has come to light recently because SGAE has increased its efforts to catch venues that are avoiding royalty payments, and another, similar case is about to go to court.” [ArsTechnica]

EU Public Affairs Monitor - 19/12/08

Burnham puts moral case for term extension
“Culture secretary Andy Burnham has said there has “always been” a moral case at the heart of copyright law.

Defending the Government’s decision last week to extend copyright term from 50 to 70 years, Burnham writes “If someone produces exceptional work in their 20s that is still being listened to 50 years later, it is right that their earnings from it are not suddenly cut off when they are in their 70s. The argument here is that the person who creates a work should be able to enjoy the value of that for the duration of his or her natural life.”

Responding to an article in the Financial Times by Gowers Review author Andrew Gowers, Burnham also said it is a false argument to compare musicians with other professions such as sportspeople. “No one is going to profit from someone winning the 100 metres decades on from that victory, but, in a digital world…music continues to generate revenues far into the future.”

The culture secretary puts the case that a vegan rock star should not have to put up with seeing their music used to promote burgers and asks why should performers have to watch others profiting from their talent and creativity? “So there is a very clear moral case to extend copyright,” he writes.” [MusicWeek]

Andy Burnham: A practical and moral case for extending copyright
“The length of time that sound recordings remain in copyright is a controversial subject and for the past couple of years a debate has raged on whether to extend it from the present 50 years.

Andrew Gowers - who led the Gowers review of intellectual property - suggested it should remain at 50 years but that we should review it in the light of European considerations. Charlie McCreevy, European Union commissioner, subsequently came up with a different view: that it be extended to 95 years.

In the light of that, and in view of Mr McCreevy's argument about there being a moral case for extending it, the government has been looking at the issue again. John Denham and I, as the ministers responsible, felt that 95 years would be disproportionately long. But we do feel that there is a case for extending the term to a period of something like 70 years.” [FT]

Reaction: Any extension to copyright must look forward only
Letter from Mr Andrew Gowers, Head of External Relations, London Business School.

“Sir, Andy Burnham writes (“A practical and moral case for extending copyright”, December 16) that the government is looking for a “workable compromise” on copyright that will balance the interests of musicians, the music business, and purchasers and users of music. Understanding the enormous political pressure he and ministerial colleagues have been under on this issue, may I make a constructive suggestion?

If the government must consider extending copyright protection as Mr Burnham proposes, I suggest it does so on a forward-looking basis only. That way, ministers can address musicians’ concerns and marginally enhance incentives for creation, without creating an unwarranted windfall for music companies for past productions or breaching existing implicit contracts with the public.

This approach would also have the virtue of consistency, since the government did accept without question the recommendation of my review that “the term and scope of protection for IP rights should not be altered retrospectively”.” [FT]

Reaction: Look at it from engineer’s perspective
Letter from Mr Anthony Stansfield.

“Sir, Andy Burnham (December 16) argues for an extension of copyright to provide musicians with a continuing source of income long into their retirement, perhaps arising from work that they did in their 20s. Let me provide an alternative perspective.
I am an engineer. My creative work is protected by the patent system rather than by copyright. This provides protection for 20 years – not 50, or 70, and certainly not 95 years. It is possible that my work, or that of any other engineer, could still be in use after the expiry of this period, but it is very unlikely that royalties from inventions made even in my 40s will be directly contributing to my retirement income.
Mr Burnham asks: “Why should performers have to watch others profiting from their talent and creativity?” I would suggest that the answer for them is the same as it is for me – the intellectual property system provides a limited period for us to profit directly from our creative work, after which it becomes publicly available for others to build on, and develop in ways that we haven’t thought of.
We may be able to “enjoy the [monetary] value” for only a limited period, but can enjoy the ongoing impact of our work indefinitely.” [FT]

EU Public Affairs Monitor - 19/12/08

10 debut artists to receive 2009 European Border Breaker Awards (EBBAs) in Groningen, the Netherlands
“The winners of the 2009 European Union 'Border Breakers Awards' (EBBAs) have been chosen. Their awards will be presented in a show to be presented by British TV personality Jools Holland in Groningen on 15 January 2009. The show will be attended by Jan Figel', the European Commissioner for Education, Training, Culture and Youth and will be covered on television. In giving these awards the European Commission, in cooperation with the European Broadcasting Union (EBU) wishes to reward debut artists' and groups' success in crossing national borders. At the same time the prizes highlight and promote the richness and diversity of European music, its creativity and its contribution to innovation.

This years' winners of an European Border Breakers Award are:
* Adele (UK) - “19”
* Alphabeat (DK) – “Alphabeat”
* AaRON (FR) – “Artificial Animals Riding on Neverland”
* Cinema Bizarre (DE) – “Final Attraction”
* The Dø (FR) – “A Mouthfull”
* Kraak & Smaak (NL)– “Boogie Angst”
* Ida Corr (DK) – “One”
* Lykke Li (SE) – “Youth Novels”
* The Script (IRL) – “The Script”
* The Ting Tings (UK) – “We Started Nothing”” [Europa]

Audiovisual Media Services without Frontiers: Frequently Asked Questions
“One year ago, on 19 December the Audiovisual Media Services Directive came into force (IP/07/1809). It provides a modern set of rules for Europe's audiovisual industry that covers all audiovisual media services – traditional as well as online and on-demand audiovisual content. It also makes EU rules on TV advertising less detailed and more flexible and focused on future trends to make it easier for service providers to finance their programmes and for users to recognise commercial messages.” [Europa]

EU Public Affairs Monitor - 15/12/08

UK consumers, Big Content battle over three-strikes rules December 01, 2008
"Although France's "graduated response" proceedings have attracted the most attention, the UK is in the midst of a consultation of its own on how to involve both content owners and ISPs in some sort of response to P2P file-sharing. The government is pushing a co-regulatory approach that would task industry groups with hashing out the details of such a plan, while the government would make sure that any agreement is fair, competitive, and preserves privacy. With all the responses now in, the UK music industry is clearly pleased that it won't have to pursue 6.5 million copyright infringers on its own. Digital rights groups are... less excited.

The entire consultation is helmed by BERR, the UK agency that handles Business, Enterprise, & Regulatory Reform, and it stems from the famous (in certain circles, anyway) Gowers Review of intellectual property that we covered extensively back in 2006. That report, which took a top-to-bottom look at UK copyright and IP policy, was stuffed with plenty of consumer-friendly ideas, such as no new copyright term extensions. But it also contained good news for rightsholders, such as a suggestion that the government step in if ISPs and rightsholders couldn't agree on how to handle the issue of P2P file-sharing." [ArsTechnica]

Voluntary campus-wide music licenses could stop the lawsuits December 08, 2008
"It takes a special knee-jerk churliness to jackboot the music industry in the proverbial groin every time it comes up with a new idea. Sure, some of these ideas (Hi, DRM-laden CDs!) make one want to spend an afternoon banging head against desk in existential despair over the low collective intelligence of the people in this world who make decisions. But the industry isn't staffed only with fair-use hating zombies and DRM lovers; the occasional human roams the hallways, sometimes hatching new schemes that aren't wholly stupid, ridiculous, or evil. When that happens, it's worth holding one's rhetorical fire until the idea is fully developed, offering encouragement and constructive criticism.

Of course, Internet groin kicks are easier. And think of the traffic! But they're not always helpful, not when you'd like the industry to get up and walk arm-in-arm into the sunset with users rather than lie in the street and issue subpoenas from the gutter." [ArsTechnica]

Masnick on the Music Tax Dec. 15, 2008
"I’m more sympathetic to EFF-style voluntary collective licensing than Mike Masnick is, but I have to say that the case he makes here is pretty compelling. I think this is really the key point:

What you’re doing is setting up a big, centrally planned and operated bureau of music, that officially determines the business model of the recording industry, figures out who gets paid, collects the money and pays some money out. The same record industry that has fought so hard against any innovation remains in charge and will have tremendous sway in setting the “rules.” The plan leaves no room for creativity. It leaves no room for innovation. It’s basically picking the only business model and encoding it in stone. [TechLiberation]

Taxing music at the ISP level: Good idea or bad? Dec 5^th
"Warner Music Group has a proposition for U.S. universities, according to Techdirt: buy a blanket license to music downloads through file-sharing services, or be sued.Techdirt thinks that this is a bad idea, and I disagree. Techdirt's criticisms are clear." [CNet]

Lessig’s call for a “simple blanket license” in Remix 01/12/08
"Lessig Remix coverI’m finishing up Stanford Law School professor Lawrence Lessig’s latest book, Remix: Making Art and Commerce Thrive in the Hybrid Economy and wanted to make a brief comment about his call for a “simple blanket license” to solve online music piracy.

Overall, I thought Prof. Lessig made a good case regarding the benefits of “remix culture” and why copyright law should leave breathing room for the various derivative works of amateur creators. On the other hand, Lessig still too often blurs remix culture with “ripoff culture” (i.e., those who aren’t out to create anything new but instead just take something without paying a penny for it).

To solve that latter problem, Lessig again endorses a proposal that William Fisher, Electronic Frontier Foundation, and others have made for collective licensing of all online music, but he fails to drill down into the devilish details. He says, for example, that “by authorizing a simple blanket licensing procedure, whereby users could, for a low fee, buy the right to freely file-share” we could “decriminalize file sharing.” " [TechLiberation]

Techdirt's Mike Masnick On Why a Music Tax Is a Mistake December 11, 2008
"Techdirt founder Mike Masnick has followed the twists and turns of the digital music debate for more than a decade, offering some of the most prescient and lucid information and arguments on the topic anywhere. Today he tackles growing calls for a voluntary music-licensing scheme, pushed most recently by Warner Music Group to universities, that would basically allow file sharing by having ISPs impose a surcharge on all users to be paid out to copyright holders. (A version of this has been done before with blank media like tape cassettes in some markets, including Canada, but this would be a massive expansion of the idea.)

Mike's take is not the final word on the matter, but it should be required reading for anyone interested in understanding where music is today and where it is headed. It is reproduced with permission below in its entirety. As he ably argues, the future of music is often confused with the future of the music business — but they are not the same thing at all. In fact, the interests of the music business, defined primarily as the major recording labels, is arguably one of the biggest impediments to moving music itself forward." [Wired]

EU Public Affairs Monitor - 15/12/08

EIB gets an extra €30bn for infrastructure projects
"Funds will be directed primarily towards into new member states. The European Investment Bank (EIB) will spend an extra €30 billion on projects over the next two years following an agreement at last week's meeting of EU finance minister to increase the bank's capital.

The bank's reserves were increased from €67bn to €232bn to allow continued funding of current projects and financing of future projects. The immediate effect will be extra money during 2009-10 for the bank's main project areas." [EuropeanVoice]

US Sues Sony Music Over Children's Online Privacy
"Sony Music Entertainment was sued on Wednesday by the U.S. government, which claimed the music company violated federal rules aimed at protecting the online privacy of children. Sony Music improperly accepted registrations on its music Web sites from users who were under 13, without obtaining consent from their parents, according to the lawsuit filed in U.S. District Court in Manhattan." [BillBoard]

Canadian Copyright Board Raises Tax
"The Canadian Copyright Board has announced it will raise the tax on blank compact discs to 29¢ (US$0.23), a 38% increase. Previously the tariff on blank recordable CDs was 21¢ (US$0.1679).

The tariff is collected on behalf of the Canadian Private Copying Collective, an organization formed in 1999 and created to collect money that compensates musicians and stakeholders for having their music copied by individuals. The decision leaves the rate for audio cassettes at 24¢
The board says there were two reasons for the increase.

“First, increased mechanical licence royalties, coupled with the elimination of container deductions and free goods allowances in the calculation of the performers' and makers' remuneration, greatly add to our estimation of the total remuneration per prerecorded CD," the board said in a report. "Second, the use of compression technology raises from 15 to 18.4 the average number of tracks copied on a blank CD used to copy music."" [BillBoard]

EU Public Affairs Monitor - 15/12/08

UK plays term numbers game
"A 70-year copyright term is a possibility as UK offers alternative to EC’s 95 years
Europe’s delicately-balanced debate on copyright term is about to be blown out of the water, with the UK Government now poised to tell member states that it is prepared to see an extension to 70 years.

The UK, one of Europe’s biggest music producers, has steadfastly opposed the Charlie McCreevy-sponsored Directive to increase copyright term. While Germany, France and other states have broadly supported the Internal Markets Commissioner’s proposal to extend copyright term from 50 to 95 years, the UK has stuck to the findings of the 2006 Gowers Review, which did not recommend extension.

However, that position – and Gowers’ – was blown apart last Thursday when Culture Secretary Andy Burnham told a conference that he is now working with Department for Innovation Universities and Skills Secretary of state John Denham to “consider the arguments for an extension of copyright term for performers from the current 50 years. An extension to match more closely a performer’s expected lifetime, perhaps something like 70 years”. Senior executives now expect the Government to formally tell the European Council about this monumental U-turn early in the New Year. And that will undoubtedly radically shift the way the debate is progressing." [MusicWeek]

Copyright extension is out of tune with reality
"Politicians often do and say silly things when they come into contact with celebrities.
So it was last Thursday when a star-struck Andy Burnham, Britain's secretary of state for Culture, Media and Sport, showed up for a speech and photo-opportunity with the former lead singer of the Undertones, a punk-pop combo of the 1970s. In addition to the usual pleasantries about Britain's creative industries, Mr Burnham set out a novel argument about the law of copyright protecting musicians' work.

There was, he said, "a moral case" for performers - who often do their best recorded work in their 20s and 30s - to benefit from it throughout their lifetime. The government would therefore consider extending copyright for recordings to 70 years from the present 50." [FT]

Copyright law 'could be extended'
"Culture minister Andy Burnham has said the government has changed its mind on allowing performers to make money from their music for 70 years. Performers currently lose the copyright to their recordings after 50 years. "It's only right that someone who created or contributed to something of real value gets to benefit for the full course of their life," he said. Sir Cliff Richard and Roger Daltrey were among those who have campaigned for copyright to be extended." [BBC]

UK ignores logic, backs 20-year music copyright extension
"After a UK government-led commission said that the current 50-year term for musical copyrights was fine, and the government last year publicly agreed that there was no need to extend the term, culture minister Andy Burnham yesterday made the logical follow-up announcement that yes, the government would now push for a 20-year extension on copyright. Turns out, it's the moral thing to do." [ArsTechnica]

EU Public Affairs Monitor - 02/12/08

EC pares down plans for telecoms super-regulator Dec 2008
"The European Commission has agreed to pare back plans for a telecoms super-regulator, following a European Parliament vote in September.

Telecoms commissioner Viviane Reding had wanted a large body that could manage and potentially overrule national regulatory bodies such as the UK's Ofcom. However, she faced strong opposition from the national regulators and, on Friday, the Commission announced a new version of the proposed legislation, providing for a body of just 20 members — half of whom would be seconded from the national regulators themselves." [ZDNet]

Gov't launches £30m fund for small tech businesses 02 Dec 2008
"Business secretary Peter Mandelson on Monday announced a £30m fund for small to medium-sized technology companies.

As part of its Enterprise Capital Funds programme, the Department for Business, Enterprise and Regulatory Reform (Berr) will make the funds available to information technology, electronics and instrumentation companies seeking investment capital. The fund will be managed by TTP Ventures." [ZDNet]

EU Public Affairs Monitor - 05/12/08

Industry welcomes Danish Pirate Bay Ruling
"A gaggle of trade body spokesmen, and that is the correct collective noun, in case you wondered, lined up to welcome a ruling in the Danish courts this week which upheld a previous ruling that Denmark-based internet service provider Sonofon is obliged to block access to The Pirate Bay website, because the site is responsible for mass copyright infringement.

The Pirate Bay, of course, is the most blatant of the BitTorrent trackers who provide access to all kinds of illegal sources of digital content. The Swedish based enterprise has continued to operate despite a number of court rulings against them. The people behind the website are facing prosecution in Sweden and could be in court as soon as February.
But the Danish case centered on ISP Sonofon who have been told they have to block access to The Pirate Bay, but who aren't so keen on doing so. They appealed an earlier ruling that ordered the blocking, but Denmark's appeal court upheld the original order on Wednesday." [CMUDaily]

New Firefox extension turns Amazon.com into illegal free-for-all
"A new Firefox extension called Pirates of the Amazon lets users download movies, games, TV shows, and MP3s free of charge by cross referencing Amazon's product pages with torrent files from the Pirate Bay.
If the content can be found on the Pirate Bay's search index it shows up as a "Download 4 Free" link on the top of the Amazon product page. This links directly to the hosted .torrent tracker file, letting the user avoid having to make a purchase from Amazon in place of acquiring it illegally via BitTorrent." [RecordOfTheDay]

Une vidéo sur les dessous du projet de loi Création et Internet
"La chaîne Public Sénat a consacré un des numéros de son émission les Dessous de la Loi, à la gestion de la loi Création et Internet. Un reportage intéressant en ce qu’il permet de replacer le texte dans son contexte et découvrir certains de ses dessous.

Au fil de l’émission, la parole est donnée aux principaux protagonistes de Christine Abanel, à Jérémie Zimmerman de la Quadrature du net, en passant par la SACEM, Pascal Nègre ou Mano Solo ou les inévitables Clément et Alexandre de la Chanson du Dimanche. Les divisions du PS, les positions de la Commission des affaires économiques, très sensibilisée aux conséquences de la coupure sur les réseaux sont également remis en lumière." [PCInpact]

A successful EU organisation
"The Office for Harmonisation in the Internal Market has approved more than 500,000 applications for EU-wide trademarks since it was created in 1996.

The Office for Harmonisation in the Internal Market (OHIM) is not the best known of EU organisations but it is arguably one of the most successful. The office, which grants Community-wide trademarks, has just approved its 500,000th application. It finances itself entirely from the fees it charges for trademark registration and is expecting to generate a surplus of €65 million this year. It has already built up reserves of €350m, which have made it possible to cut the registration fee to less than €1,000, down from €1,700 since 2005 and €2,075 from 1996 when the office became operational." [EuropeanVoice]

EU Public Affairs Monitor - 05/12/08

Stepping up the fight against piracy
"The EU struggles to come up with an effective set-up for intellectual property rights. The EU constantly stresses the importance of promoting a knowledge-based economy. But one of the crucial components of a knowledge-based economy, as the European Commission and national governments have repeatedly acknowledged, is an effective set-up for protecting intellectual property rights. Without protection for intellectual property, runs the argument, inventors and innovators will take their talents elsewhere and businesses will not develop the new products, services and technologies needed if the EU is to be an area of innovation.

Holders of intellectual property rights need to be sure that the revenue from their brands and inventions is maximised and counterfeiting and piracy is adequately tackled both inside the Union and in the rest of the world." [EuropeanVoice]

Can the EU protect intellectual property? (I) by Karin Riis-Jørgensen MEP
"Europe needs modern solutions to tackle the problems that counterfeiters of digital and physical goods pose to intellectual property rights. There is no doubt that protection of intellectual property is and will be one of the major challenges for Europe in the future. In a global world we need to protect our property rights and trademarks. The growth of the counterfeiting industry is partly a consequence of globalisation, since more than half of the counterfeit goods that come to Europe are from China. But globalisation is also the reason why we need to protect our trademarks. For many companies, production is no longer profitable in Europe, but development is. And that is what we are good at in Europe and what we need to protect. If new designs and goods are copied as soon as they enter the market, development will no longer be profitable in Europe." [EuropeanVoice]

Can the EU protect intellectual property? (II) by Arlene McCarthy MEP
"Counterfeiting and piracy pose serious threats to business and governments, but also put European consumers at great risk. Global counterfeiting and piracy continues to rise. It accounts for some 7% of world trade and in 2007 European customs officers registered more than 43,000 cases of fake goods seized at the EU's external border, compared to 37,000 in 2006. An increase of almost 17%.

Legitimate business is damaged by the loss of sales haemorrhaging to counterfeit and pirated goods and services. Europe is a centre of excellence for promoting innovation and creative products. The creative media and business information sector alone is worth more than €350 billion, but counterfeiting and piracy rob entre-preneurs of vital resources for research and development investment in new innovative products and services, and undermine Europe's attempt to increase its competitiveness and create jobs." [EuropeanVoice]

Canadian Copyright Board Opens Hearing On Music Tariffs
"The Canadian Copyright Board kicked off a large-scale hearing today in Ottawa over arguments about multiple tariffs that cover everything from performing rights in songs to mechanical reproduction rights.
"It's sure to be a landmark hearing, if only because it's the first time that the board has combined all radio-related tariffs into a single proceeding," says David Basskin, president of the Canadian Musical Reproduction Rights Agency (CMRRA).

The hearing will take more than a week and will hear debates over several tariffs, including those brought forward by the Society of Authors, Composers, and Music Publishers of Canada for performing rights in songs, an application by CMRRA and Société professionnelle des auteurs et des compositeurs du Québec dealing with reproduction rights, the Neighbouring Rights Collective of Canada and La Société de gestion collective de l'Union des artistes involving performing rights as well as the AVLA Audio-Video Licensing Agency and Quebec Collective Society for the Rights of Makers of Sound and Video Recordings." [Billboard]

Exclusive: Indies vs. Spain
In a desperate move to save jobs and preserve a hard-built cultural and commercial industry, a group of music companies and retailers are nearing a decision to file a legal action against the government of Spain, Music Confidential has learned. Executives believe the government is shirking its responsibility to protect the companies' intellectual property and commercial rights from Internet piracy.

Not only would this be the first lawsuit of its kind, but the twist is that it is not being led by multinational corporations. This move is driven by small- and medium-sized independent Spanish enterprises. Sources say that at least one other independent music group will also be monitoring their progress with an eye toward filing similar actions against the governments of other European Union member states. The governments of Germany and Italy may be next in line. [MusicConfidential]

Merlin honoured by Spanish government
"Indie global rights agency Merlin has been honoured at the International Forum on Digital Content (FICOD) in Madrid. Merlin board member Mark Kitcatt was presented with the award for Improving Competition For Independent Music Companies by Spanish Minister of Industry, Tourism and Trade, Sr. D. Miguel Sebastian.
The award recognises the work that Merlin is doing to enhance the ability of independents to access the online space and to develop the digital market.

Merlin CEO Charles Caldas says, “We are delighted to have received this award and that the tremendous efficiency and global reach that Merlin provides those wishing to license the world’s most exciting and commercially valuable independent repertoire has been recognised.”" [MusicWeek]

Burnham to keep pressure on ISPs
Culture Secretary Andy Burnham has again signalled that the Government is in no mood for messing and will legislate should ISPs not make progress on piracy. Speaking at last night’s Squaring The Circle MusicTank, which was the final of four networking sessions examining alternatives to illegal file sharing, Burnham told industry executives that he is “determined to bring the issue to a conclusion”. He added that pressure will be kept on the ISPs to ensure progress with the ongoing Memorandum of Understanding does not slip.

Burnham told the networking group, which also featured contributions from Dan Klein, Detica media accounts director, Simon Persoff, Orange UK director, legal and regulatory and Richard Mollet, the BPI’s public affairs director, that the success of the MoU will be seen over a two to three year timescale and that the parties need to “find solutions which reward creators. It is in the public interest for there to be a workable system of copyright.”
He added that the creative industries and the internet are now mainstream, so the debate is changing and the need for government to have a role is becoming clearer – “the internet is not a place where governments can’t go”." [MusicWeek]

UK consumers, Big Content battle over three-strikes rules
"Although France's "graduated response" proceedings have attracted the most attention, the UK is in the midst of a consultation of its own on how to involve both content owners and ISPs in some sort of response to P2P file-sharing. The government is pushing a co-regulatory approach that would task industry groups with hashing out the details of such a plan, while the government would make sure that any agreement is fair, competitive, and preserves privacy. With all the responses now in, the UK music industry is clearly pleased that it won't have to pursue 6.5 million copyright infringers on its own. Digital rights groups are... less excited.

The entire consultation is helmed by BERR , the UK agency that handles Business, Enterprise, & Regulatory Reform, and it stems from the famous (in certain circles, anyway) Gowers Review of intellectual property that we covered extensively back in 2006 . That report, which took a top-to-bottom look at UK copyright and IP policy, was stuffed with plenty of consumer-friendly ideas, such as no new copyright term extensions. But it also contained good news for rightsholders, such as a suggestion that the government step in if ISPs and rightsholders couldn't agree on how to handle the issue of P2P file-sharing." [ArsTechnica]

ISPs sign voluntary code on speed
""BT, Virgin Media, Talk Talk and Tiscali are among a group of Internet Service Providers which have signed up to Ofcom’s new voluntary code of practice governing broadband speeds.
Ofcom had found a rising number of ISPs were selling their services by claiming faster and faster broadband speeds to download music, games and films. But, few customers were seeing the tangible benefits.
The regulator, therefore, asked ISPs to provide better and more realistic information and sign up to the code of practice on how they present broadband speeds.
The eight principles of the code cover areas such as training and information at point of sale to ensure that customers are aware that they might not get the maximum speed advertised because of technical or other factors. The code also ensures every ISP must have trustworthy systems to find the cause of a speed problem and take steps to fix any issue that is down to them." [MusicWeek]