Showing posts with label ISPs. Show all posts
Showing posts with label ISPs. Show all posts

1/23/09

Music News Bulletin - 23/01/09

Sharkey talks though at MIDEM
"More MIDEM, and the boss of cross-industry trade body UK Music, Feargal Sharkey, often the consolatory voice in the room when the music industry feels it is being abused by government or the internet industry, delivered some fighting talk in his speech.

First the UK government. Despite Culture Secretary Andy Burnham putting pressure on the ISPs to take a more proactive role in combating online piracy, and more recently saying that the government were no longer completely against the idea of extending the sound recording copyright, Sharkey said British ministers should do more to help the music business.

Welcoming the French approach to online piracy (putting obligations on the ISPs to act - and to cut off file sharers - into law), and noting that the UK industry often relied on European legislation to protect label and artists' interests, he said: "Whether it's ensuring that a private copying exception is met with some sort of compensation mechanism, or term extension for sound recordings or simply protection of a creator's moral rights, why is it that UK creators are constantly having to seek support from Brussels and not on our own doorstep?." [CMUDaily]

Industry may start pushing for legislation on net-piracy policing as ISP negotiations falter
Whether it's led by UK Music or the BPI or another trade body, someone may need to step up their lobbying activity regarding making internet service providers take more responsibility for tackling online piracy.

As much previously reported, record label trade body the BPI and six ISPs last year signed a memorandum of understanding which saw the net firms commit send out warning letters to suspected file sharers as a way of preparing the ground for more detailed discussions on how the record companies and net firms could work together to combat piracy and collaborate on new digital music services that could be bundled into ISP's monthly subscriptions." [CMUDaily]

Illegal downloads don’t equate to lost sales, says U.S. judge
"A sort of interesting ruling in the US courts now which may have an impact on how content owners calculate their losses in online piracy cases.
The ruling comes from a criminal copyright action against Daniel Dove, who ran the Elite Torrents message board in 2004 and 2005, providing access to illegal sources of both music and movies. He's already been jailed for 18 months for his involvement in the infringing torrent group, and was ordered to pay a $20,000 fine.

However, two parties, the Recording Industry Association Of America and movie makers Lionsgate Entertainment, have also made claims for 'restitution'; basically they want to be compensated for the losses they claim they suffered as a result of Dove's torrent service (legally speaking, restitution is subtly different to compensation, but that's in essence what they want)." [CMUDaily]

Rough Trade distribution has MBO
"More indie distribution news for you, and Netherlands-based Rough Trade Distribution, linked back in the day to the London based record shop and label but long since a separate entity, has been bought out by its management." [CMUDaily]

Survey Finds ISPs Number One Choice Of Music Provider
"An international survey of more than 1300 music fans has found that the music industry is offering them the wrong kind of new music services. In the research conducted by The Leading Question and Music Ally in the UK, US and France, music fans overwhelmingly backed Internet Service Providers as their favoured music supplier when asked to choose amongst a variety of possible providers.

46% of the survey chose ISPs as their number one music service provider, compared to 10% preferring cable/satellite TV providers, 5% opting for mobile operators while a meagre 3% considered handset manufacturers best placed to deliver music to them. ISPs were also rated top choice provider for ‘unlimited’ music services, this despite mobile operators and handset manufacturers currently offering more of these services." [MusicAlly]

1/9/09

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]

1/5/09

EU Commission - 05/01/09

Success for the Commission’s Register for Interest Representatives
"The Commission’s Register for Interest Representatives, launched on 23 June 2008, is progressing well. European citizens now have direct access to information on the existence, diversity and multitude of represented interests; less than six months after the Register was begun, more than 700 organisations are now registered[1], with more being added every day.

There has been a steady and constant flow of some thirty additions per week to the Register. More than 400 organisations representing business and professional organisations are registered, along with more than 150 NGOs. Specialised consultancy firms and law firms lobbying the European institutions are still not signing up." [Europa]

Telecoms: Commission clears amended nationwide Spanish broadband regulations; maintains concerns on lack of high-speed remedies
"The European Commission has, with reservations, given its green light to the Spanish draft regulation on wholesale broadband access, notified by the Spanish regulator, the Comisión del mercado de las telecomunicaciones ("CMT") on 4 December 2008. The Commission believes that the revised version of the draft measures addresses some of the issues on which the Commission had expressed serious doubts (IP/08/1704). However, the Commission still believes that regulation of wholesale broadband access should not be limited to speeds of up to 30 Mb/s. On the basis of the Commission's presently limited powers of oversight, it can only invite the CMT to change its regulatory approach in this regard.

Competition Commissioner Neelie Kroes said: "I welcome CMT's efforts to address the Commission's serious doubts. We need to ensure that alternative operators can compete effectively with Telefónica while setting the right incentives for investments in new generation networks. This would result in more innovation and better prices for consumers."" [Europa]

Judicial Review of Merger Control Decisions After the Impala Saga: Time for Policy Choices?
"Shortly following the adoption of the first EC merger regulation, a question arose among legal scholars and practitioners: will the EC courts make a sufficiently swift and thorough review of the Commission's merger decisions?1 Or, in other words, will judicial review be both effective and expedient enough to be compatible with the constraints of commercial life? The Court of First Instance (the CFI) and the Court of Justice (the ECJ, together with the CFI, the EC Courts) did not shy away from addressing these legitimate concerns. The timeliness of judicial review was significantly enhanced in 2000 when the Rules of Procedure of the CFI and the ECJ were amended to establish an expedited procedure allowing the EC Courts to give priority to certain types of cases.2 Merger control is by far the field of law that has benefited the most from the new procedure.3 As to the thoroughness of the CFI's review, it invites much less criticism now that the CFI has demonstrated its readiness to control Commission decisions extensively and annul them if need be, as illustrated inter alia by its three famous judgments of 2002 annulling prohibition decisions.4 In 2005, the importance of a thorough substantive review was confirmed by the ECJ itself in its no less famous Tetra Laval judgment (Tetra Laval II).5 All these cases were decisive milestones in the coming of age of the judicial review of merger control decisions in the EU." [GlobalCompetitionReview]

12/31/08

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]

12/30/08

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]

12/24/08

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]

12/15/08

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 5th
"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]

12/8/08

Music News Bulletin - 08/12/08

Terry McBride Explains How Nettwerk Puts Fans In Control
"Mark Glaser has an absolute must-read interview with music label Nettwerk's CEO Terry McBride. Nettwerk, of course, has been one of a few record labels that really understands how the market has been changing, and has moved aggressively to take advantage of that. The label, which represents some top artists like Coldplay, Barenaked Ladies, K-OS and Avril Lavigne, got a lot of press a couple years back when it agreed to pay for the defense of some folks who were sued by the RIAA for file sharing. But, much more interesting was how it was actively embracing the changing market while other record labels were trying to hold back the tide. I don't agree with everything McBride has to say, but he's a lot closer to understanding where the music market is heading than pretty much everyone else we've seen in the recording industry.

You should really read the entire interview, but a few highlights are things like where he points out that musicians and record labels should be selling the overall brand, not the music." [TechDirt]

This Kraken fights for good December 4, 2008
"If you're up on your pirate lore, or perhaps have your Pirates of the Caribbean plot flow-chart handy, you'll know that sea-faring criminals are no friends of Johnny Depp-devouring monsters. As it goes on the high CGI seas, so follow the stormy waters of the Firefox add-on world. Yesterday's Pirates of the Amazon plug-in, which adds torrent links to songs and movies in the Amazon.com store, is met today by The Kraken, a plug-in that adds Amazon.com links to torrent Web sites.

The Kraken is extremely simple and there's no configuration required. When you visit popular torrent Web sites The Pirate Bay or MiniNova and search, Kraken will insert its own results box at the top of the site's search engine results that links back to Amazon.com. Kraken did not work with ISOHunt, Torrentz, or TorrentReactor when I checked them." [Download]

Three Major Record Labels Join the 'Choruss' December 08, 2008
"U.S. universities are getting a glimpse at a plan that would build a small music-royalty fee into the tuition payments they receive from students. If successful, the model — proposed by digital music strategist Jim Griffin on behalf of Warner Music Group — could be expanded to make ISPs the collector of such micropayments, eliminating some of the most irksome and contentious issues dividing the music industry and its customers.

An industry source told Wired.com that the independent nonprofit organization that would collect funds from universities and ISPs and disburse them to copyright holders will be called Choruss and that three of the four major labels have signed on, with Universal the remaining holdout. A simple whois lookup revealed that Griffin's OneHouse Digital registered the Choruss.com domain in August." [Wired]

'We Didn't Want to See the Future': Q&A With Ex-Sony Lawyer Steve Gordon 12/03/08
"Steve Gordon was in the room the day Sony executives learned about Napster. He also took part in some of the decisions on how to deal with the advent of digital music. Now, he's written a book on how to succeed in the new digital age. Blake Glenn interviews him.

In 1999 at a Sony (NYSE: SNE) Latest News about Sony Music corporate meeting, the room was filled with Sony executives and attorneys from across the globe. At one point, one of the Sony attorneys gave a presentation on two music services. One was the Sony music service and the other was a tiny, fledgling service." [TechWorldNews]

12/5/08

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]

11/28/08

EU Public Affairs Monitor - 28/11/08

Danish court confirms Pirate Bay is illegal & orders access to be blocked by ISP
"Music companies internationally today welcomed a landmark Danish ruling involving the world’s best known pirate distributor of music, books and films. The decision confirms the illegality of Sweden's Pirate Bay and requires a Danish ISP to implement measures to block access to the site.

The judgment delivered yesterday by the Danish appeal court upholds the decision earlier this year requiring access to the Pirate Bay to be blocked. The court confirmed the mass scale infringement taking place on the Pirate Bay site and that the ISP in question, Sonofon, is contributing to the infringements by allowing access to the pirate site. It is the latest step forward in attempts by the creative industries to engage ISPs in helping stop massive copyright infringement on the internet." [MusicWeek]

EU Public Affairs Monitor - 28/11/08

Monopoly of collecting societies' activities: infringement proceedings against the Czech Republic and Hungary
"The European Commission has decided to send reasoned opinions to the Czech Republic and Hungary on the grounds of obstacles to the freedom of establishment and to the freedom to provide services as a result of the monopolies granted to national rights management companies.

Czech and Hungarian laws provide that a single collecting society may be authorised to operate in their respective countries for each type of right and work. This monopoly granted to national companies bans collecting societies set up in other Member States from undertaking any form of activity and denies them the freedom of establishment and the freedom to provide services. The Commission has doubts as to the justification of those national measures in the light of their negative effects on two of the fundamental freedoms enshrined in the EC Treaty." [Europa]

The latest information on infringement proceedings concerning all Member States is available at:
http://ec.europa.eu/community_law/index_en.htm

EMI Music CEO Applauds Govt Action On ISPs
"EMI Music CEO Elio Leoni-Sceti has spoken of his support for the U.K. government's and others' attempts to get ISPs to tackle illegal file-sharing, while admitting the music industry failed to adapt to changes in consumer behavior. Leoni-Sceti appeared at U.K. media/telecoms regulator Ofcom's Next Generation Net Generation conference in London. Vivendi chief executive Jean-Bernard Levy was also among the business leaders at the conference.

The EMI Music CEO appeared on a panel, "Global Content Economy - Challenges for Business," alongside executives including Telefonica Europe CEO Ronan Dunne, Nikesh Arora, president EMEA (Europe, Middle East, Africa) operations, Google, and Roma Khanna, president, global networks & digital initiatives at NBC Universal. Pledging to transform EMI into a "consumer-focused music company," Leoni-Sceti commented: "The new EMI wants to be the most consumer-led, innovative music company in the world - that means listening to our consumers and putting the consumer experience at the heart of our business strategy."A consultation process was recently concluded by the U.K. government, following this summer's brokering of a Memorandum of Understanding between the music industry and ISPs. Part of the agreement includes a pledge by ISPs to write letters to customers who are involved in illegal peer-to-peer activity." [BillBoard] [CMUDaily]

Artists send video message to PM over copyright term
"More from the campaign to persuade Gordon Brown to increase the recorded music copyright term now - and this time the protests have been presented in video form. As much much previously reported, record labels and recording artists have been lobbying the government regarding extending the recording copyright from 50 to 95 years for ages now; the former because the legendary recordings of the rock n roll era are about to come out of copyright; the latter because there is a whole generation of session musicians who will soon start to lose the royalty payments that stem from recordings they worked on in the sixties, which for some are a bulk of their earnings. " [CMUDaily]

EURO LICENSING: THE HARD ROAD AHEAD
"There is no 'us' and 'them' any longer. With nearly 50% of all music consumed by Europeans classified as international repertoire and the rest considered to be essential local music preserving the cultural identities of each European Union (EU) nation, the troubled state of licensing digital publishing rights is not, as some said a few years back, 'a European problem.' After intervention by the European Commission (EC), the current structures for licensing these rights are seen by some to be as volatile as the financial markets. How everyone responds to the situation will inevitably impact the future of recorded music, music publishing, digital and mobile music services and broadcasting -- and everyone else in the creator-to-consumer chain of distribution. Considering the importance of intellectual property as a significant contributor to worldwide economies, figuring out solutions during this economic crisis, in the midst of the physical-to-digital music transition, becomes even more essential.

Music Confidential reached out to senior executives and lawyers throughout Europe to shed some light, and perhaps a bit of insight, on problems and possible solutions following the EC's mandate to restructure rights and operating procedures among the network of collecting societies. Despite an extraordinary amount of angst and concern among the interested parties, there are opportunities and some optimism to report." [MusicConfidential]

Conference calls on WIPO to Boost Support for Collective Management of Copyright and Related Rights
"A conference on the future evolution of collective management of copyright and related rights in Europe has called on WIPO to step up efforts to help stakeholders address the emerging challenges facing collective management. Participants urged WIPO to strengthen the copyright infrastructure so as to support creative industries and promote social, economic and cultural development.

The Conference on Collective Management of Copyright and Related Rights in Europe, held in Brussels from November 24 to 25, 2008, was organized by WIPO in association with the European Grouping of Societies of Authors and Composers (GESAC) and in cooperation with the Association of European Performers’ Organisations (AEPO-ARTIS), and the International Confederation of Societies of Authors and Composers (CISAC)." [WIPO]

The European IP market needs a revolution
"The European R&D and patenting world treat intellectual property as a legal right and nothing else. Most companies and investors want that attitude to change. If it does, a number of exciting possibilities can begin to emerge.What Europe needs most is intermediaries from outside the law
A recent EPO survey revealed that 60% of European companies do not care if the inventions and technologies they find and use are patented or not (which surely helps explain the modest levels of patent registrations in many EU countries!). At the same time, however, countless European surveys have revealed that technological innovation is the priority for the EU's institutions, as well as national and regional governments, industrial associations and others; and that European companies are very keen to improve technological innovation (including R&D outsourcing) as key weapon in the global competition race.
These conflicting findings tell us a few key things about the type of IP market Europe should adopt, given that improving its existing one is an official target, as set out by EU leaders in the Lisbon Agreement."

The complete article (and the accompanying charts) in .pdf format is saved on the shared file (in the Monitoring section). A text version can be read on:
http://66.102.9.132/search?q=cache:3BkUjCSMfg8J:www.wipo.int/sme/en/best_practices/pdf/european_ip_market.pdf+WIPO+European+IP+Market+needs+a+revolution&hl=nl&ct=clnk&cd=1&gl=be [WIPO]

11/21/08

EU Public Affairs Monitor - 21/11/08

Committee on Culture
"1. Presentation of the outcomes of the French Presidency on 2nd December: The French ministers will present the achievements of the French Presidency of the Council in the fields for which the Committee is responsible. The ministers' presentations will be followed by question and answer sessions with MEPs.

2. Term of protection of copyright and related rights: the draft opinion stresses the importance of implementing measures to ensure fair and consistent remuneration of performers. It will be adopted in Committee on 2 December. The draftsman is Christopher HEATON-HARRIS (EPP-ED, GB)"

A better return for our money: The EU wants the EIB to play a role in its response to the economic crisis – but it must make sure the EIB meets its existing responsibilities better
"The European Investment Bank (EIB), the EU's publicity-shy house bank, has shot to prominence in recent weeks as the global economic crisis has deepened. Nationally and collectively, EU leaders have scrambled to boost lending to small businesses that are being hit by the credit crunch. José Manuel Barroso, the president of the European Commission, has talked up the role the EIB could play in responding to the crisis; Günter Verheugen, the industry commissioner, wants the EIB to offer a €40 billion soft-loan package to the European car industry; and the UK's finance minister, Alistair Darling, has been pushing UK banks to make the most of the EIB's increased loans facility for small and medium-sized enterprises (SMEs)." [EuropeanVoice]

U.K. Music Backs Government Proposal On ISPs
"U.K. Music, the recently formed umbrella organization encompassing the major British music-industry groups, has declared its support for a co-regulatory system between ISPS, the music industry and a government-appointed body to ensure ISPs tackle illegal P2P file-sharing.

In its contribution to the consultation process set up by the U.K. government's Department for Business Enterprises and Regulatory Reform (BERR), U.K. Music says a government-approved independent adjudicator is required to oversee a co-regulatory system covering ISPs and digital piracy. "In view of the historic differences between rights holders and ISPs, some form of regulatory control is required," U.K. Music says in its documents. The organization agrees with the government that media and telecommunications regulator Ofcom is the appropriate body." [Billboard]

UK Music call for online copyright regulator
"Cross-industry trade body UK Music has told the government that it supports proposals for a regulator to oversee copyright issues on the internet. In a submission to a government consultation on the issue of music and the net, UK Music say that, "in view of the historic differences between rights holders and ISPs, some form of regulatory control is required".
As much previously reported, some progress has been made this year regarding the long running dispute between the music industry and the internet service providers, in which the former said the latter had a duty to play a more proactive role in combating online piracy. " [CMUDaily]

Term extension petition launched at PPL APM
"'Performer members' of recordings royalty collecting society PPL (ie recording artists and musicians) have put their names to the latest petition calling on the government to extend the recorded music copyright term.
As much much much previously reported, in Europe the copyright term for recordings is fifty years, whereas the term enjoyed by songwriters (and writers and photographers etc) is life plus seventy years." [CMUDaily]

PPL performer members sign letter to the Prime Minister as UK government continues in its failure to give musicians copyright parity with other creators
"Performer members who attended PPL's second Annual Performer Meeting (APM), which took place at Abbey Road Studios on Monday (17th), were moved to sign a letter to the Prime Minister asking him for Fair Play For Musicians.

This important initiative has been made necessary due to the intransigence of the UK government in their failure to support copyright term extension which would put musicians on parity with other creators (authors, composers, painters, photographers amongst many) and which is being both recognised and supported by the European Commission and governments around Europe." [RecordOfTheDay]

Member States Review Key Copyright Issues
WIPO member states meeting under the auspices of the Standing Committee on Copyright and Related Rights met from November 3 to 7 November 2008 to review a number of key copyright issues. Under the chairmanship of Mr. Jukka Liedes of Finland, the SCCR examined the current state of play WIPO’s work on limitations and exceptions, the protection of audiovisual performances and the protection of broadcasting organizations. Discussions also featured the question of access to copyright-protected content by visually impaired persons. [WIPO]

11/18/08

EU Public Affairs Monitor - 18/11/08

Tennessee anti-P2P law to cost colleges over $13 million November 18, 2008
With the RIAA's long-running legal war against file-sharing not having the desired effects, the music industry has turned its sights on legislation aimed at getting others to do the dirty work of copyright enforcement. Last week, they scored a victory when the state of Tennessee passed a law that would require colleges and universities to work to prevent copyright infringement over campus networks. It's great news for the RIAA, but bad news for Tennessee students and taxpayers who will have to foot the $13 million bill.

SB 3974 was introduced this past February into the state legislature. Championed by the RIAA, who pointed to the University of Tennessee's no. 4 position on the list of top music piracy schools, and the MPAA, which noted the school's no. 19 spot on its infringement list, the law will force both public and private schools in the state to implement policies to prevent and prohibit copyright infringement on campus computers and networks." [ArsTechnica]

Antipiracy group pushes 10 years jail time for UK infringers November 19, 2008
"Those guilty of online copyright infringement deserve criminal sentencings that are just as harsh as those who've been busted for commercial physical piracy, according to a UK-based antipiracy group. The Federation Against Software Theft (FAST) is pushing the UK's Intellectual Property Office (IPO) to adopt modifications to current copyright law that would punish online infringers with 10 years of imprisonment, "to bring parity with commercial dealing in pirated works."

The IPO is currently in the process of considering changes to the Copyright, Designs and Patents Act of 1988 based on the independently-conducted Gowers Review of Intellectual Property. The Gowers report, wrapped up in 2007, concluded that, "the intention and impact of physical and online infringement are the same. Crimes committed on the online and physical world should not be subject to different sentences. Increasing the penalties for online infringement will therefore make the law coherent." As a result, Gowers wrote that punishment for online infringers should be increased to 10 years in jail, suggestion that's now known as Recommendation 36." [ArsTechnica]

What’s wrong with ISP Music Licensing Fall 2008
"The decline of revenues in the music industry has led the industry to take a closer look at the responsibilities of Internet service providers “ISPs” and alternative compensation schemes both in the United States and in Europe. Many schemes have been considered to compensate the creative community for these losses, including the ida that ISPs could charge all or some of their users a small fee on a monthly basis that each ISP would pay to the creative community as compensation in return for the user’s ability to trade content files without fear of litigation or prosecution. It is worth noting that with very few exceptions, ISPs themselves are not leading the charge to undertake this burden, and it is only within the very recent past hat ISPs have entered into industry wide agreements to support anti-piracy efforts on their networks. Anti-piracy efforts are a long way from ISP licensing…." [ChristianCastle]

How Canada Fought Bad Copyright Law: Showing Why Copyright Law Matters
"You may recall, just about a year ago, there was suddenly a bunch of news over the possibility of Canada introducing its own version of the US's Digital Millennium Copyright Act (DMCA). To the surprise of both the entertainment industry (who helped craft the law) and the politicians who were pushing it, the opposition to this law was incredibly successful in getting its message out. Starting with calls on various blogs and Facebook groups, kicked off by law professor Michael Geist, the issue became a big one throughout the media. The politicians who promised the entertainment industry that they would pass this law tried to delay the introduction, assuming that the opposition, while loud, was thin and would fade away. They were wrong. The issue continued to get attention, and when the law was finally introduced, the opposition, across the board, was widespread and strong. It wasn't just a fringe issue among "internet activists." It was something that people from all over the economy saw as a fundamental issue worth fighting for." [TechDirt]

China Says: If You Must Infringe On Copyrights, Use Baidu
"Many people have noted over the years that with all of the effort that China has put into its Great Firewall, the country hasn't done much of anything to crack down on unauthorized file sharing. In fact, at times, it's almost seemed to encourage it. So some people were a bit surprised to find out that China's censors tried blocking traffic to various well known BitTorrent sites, such as Mininova, isoHunt and The Pirate Bay. However, what may be most interesting is that rather than blocking them outright, it appears that the system just redirects all that traffic to popular Chinese search engine Baidu.


This would be the same Baidu that first became really popular when China shifted all Google traffic to its site, and also the site that stayed popular because it made it easy to download unauthorized music. This would be the same Baidu that was also recently exposed to be fairly complicit in the music downloads it offers, potentially hosting the content itself through a revolving series of ever-changing domains. So, this hardly seems like an attempt by the Chinese government to crack down on unauthorized file sharing -- but an attempt to drive it all to a local company. It looks like the redirects only lasted for a few days, and are no longer in place -- but if the past is any indication, those redirects may come back at any time." [TechDirt]

11/14/08

EU Public Affairs Monitor - 14/11/08

Feargal Sharkey: The problem of illegal file-sharing has become a global one but the way governments go about tackling it changes from country to country.
"In the UK, internet service providers (ISPs) have recently voluntarily agreed to engage and educate their customers about file-sharing.
Virgin Media is one of the most recent ISPs to write to customers whose net connection may have been used to download unlicensed content.
However, coming up with a logical and viable solution is proving difficult because of the fast pace of technological change." [BBC]

The BPI is preparing a membership briefing paper after label representatives aired concerns that the financial insecurity surrounding EUK is creating worry among the independent community during the all-important quarter four period.
"Despite EUK’s assurances that it has sufficient cash flow to maintain all its obligations throughout the final quarter, questions have remained over the limited bargaining power independent labels wield with EUK and the increased risk and financial exposure the situation has led to among smaller businesses.

BPI director of independent member services Julian Wall says that “there is a heightened level of concern at the moment amongst a spread of the independent BPI member labels”." [MusicWeek]

NAPSTER JUDGE CALLS FOR ALL-INTEREST COPYRIGHT BODY
"The judge who oversaw the original copyright infringement case against Napster, back in the days when Napster was a P2P network and enemy number one in the record industry, has said he thinks there should be a new copyright body in the US made up of representatives of all interested parties, including the public, to issue blanket licences, negotiate and set standard royalties and adopt rules and regulations to help enforce content owner's rights." [CMUDaily]

DUTCH LIVE MUSIC CONFERENCE TO PRECEDE MIDEM
"Another music industry event for your diaries, this one just before the customary January jolly for record label execs that is Midem. EuroSonic Noorderslag will take place in the Dutch city of Groningen and will have a live music focus, with the usual mix of keynotes and panel discussions plus showcases a plenty giving a platform for new bands and, in particular, artists from Belgium. It all takes place from 15-17 Jan." [CMUDaily]

11/5/08

EU Public Affairs Monitor - 05/11/08

Italian court blocks web blocking
"An Italian appeals court has overturned a preliminary ruling by an investigating magistrate that ordered ISPs to block access to the controversial Bittorrent site The Pirate Bay. The Appeal Court upheld the finding that The Pirate Bay breached copyright, but held that creating a specific obligation on innocent third parties (ISPs) was not justified." [PublicAffairsLynx]

11/3/08

EU Events Monitor: 03/11/08

JURI Committee: JURI - Copyright and related rights - 04.11.08
"On 4 November 2008 from 11.00 a.m. to 1.00 p.m., the Committee on Legal Affairs will have a hearing on "Term of protection of copyright and related rights".
At that occasion, Mr Brian Crowley, rapporteur, will present his draft report."

Copyright term gets Brussels hearing
The legal affairs committee of the European Parliament is opening its public hearing on copyright term next Tuesday.

SHARKEY TO ADDRESS ISP CONFERENCE
"UK Music boss Feargal Sharkey will speak at the annual conference of the Internet Service Providers' Association in London next month.

His booking is part of UK Music's attempts to negotiate a truce between the music industry and the internet providers after the former accused the latter of turning a blind eye to online piracy because it helped them flog more broadband subscriptions. As previously reported, negotiations between Sharkey and record label trade body the BPI and six ISPs have already led to a 'memorandum of understanding' between all parties which has seen the net firms send out warning letters to suspected file sharers, and will also see the launch of new licensed music services by the net providers." [CMUDaily]

10/27/08

EU Public Affairs Monitor - 27/10/08

Cox To Internet Users: Three Strikes and You're Out October 1, 2008
Over the course of the last year, we've seen an intense, international lobbying effort on the part of the entertainment industry to craft policies that would boot alleged filesharers off of the Internet. The folks over at TechDirt have been keeping a close watch on this front and point to legislation and negotiations in the UK, France, Australia and Canada that would institute a "three strikes" rule. As proposed, this three strikes policy would require ISPs to filter their networks for copyrighted content and send out notices of infringement to users suspected of engaging in filesharing--effectively turning ISPs into "copyright cops". As implied by the three strikes moniker, users would receive two written warnings before having their contract with the ISP terminated outright, upon receipt of the third." [PublicKnowledge]


Music Like Water - Not October 27, 2007
"I originally wrote this post as a comment on Andrew Dubber's blog. Out of courtesy for Andrew, I am going to turn comments off on this post. Please go to Andrew's site to continue the discussion.

Andrew, you create the best scenarios on the Internet for discussion…

If the water analogy were as simple as turning on a faucet, and out comes music that everyone pays a flat fee for, then I would agree with you. However, sticking with the water analogy, there are thousands of brands of bottled water, fizzy water, flavored water, tap water, fountain water, toilet water, brown water, fruit water, mineral water, etc, etc, etc. Only a dolt would let their brand become commoditized, municipal tap water… The water utility thing will never happen anyways; innovation will outrun legislation." [UnsprungMedia]

10/10/08

EU Public Affairs Monitor - 10/10/08

WIPO
WIPO Expands its Distance Learning Program
The World Intellectual Property Organization (WIPO) has added five new multilingual courses to the distance learning program offered by its Worldwide Academy. The new courses will cover Arbitration and Mediation Procedure, Patents, Patent Information Search, Basics of Patent Drafting, and Trademarks. [WIPO]


WIPO and ARIPO Sign MOU to Expand Cooperation
The Director General of the World Intellectual Property Organization (WIPO), Mr. Francis Gurry, and his counterpart from the African Regional Intellectual Property Organization (ARIPO), Mr. Gift H. Sibanda, signed a memorandum of understanding (MOU) on October 2, 2008 in Geneva, to strengthen and expand cooperation between the two organizations. The MOU covers traditional areas of cooperation relating to capacity building, as well as a special project to boost ARIPO’s patent information capacity. [WIPO]


CISAC
CISAC Appeals the European Commission’s Competition Decision
CISAC, the International Confederation of Societies of Authors and Composers, has recently lodged an appeal against the European Commission Decision of July 16 in the Court of First instance of the European Communities. Contrary to the European Commission’s findings in its Decision, CISAC considers European authors’ societies have not engaged in concerted practice that restrict competition and have therefore not violated European competition law provisions. The network of authors’ societies – organised through reciprocal representation agreements between societies – best serve creators’ interest. It is the result of pure common sense for the efficient management of creators’ rights worldwide and not a concerted practice to prevent competition, as alleged by the Commission. [CISAC]


EU OBSERVER
Commission backs internet users over content providers
The European Parliament's rejection of a proposed "three strikes" law - that would see internet users have their connection cut off if they have been found to repeatedly violate copyright - must be respected, the commission said at an EUobserver-organised conference on internet rights.
"We have to respect the view of the parliament," information society commissioner Viviane Reding said at the Brussels event on Wednesday (8 October), referring to the "Bono Amendment" approved on 24 September by a large majority of MEPs in consideration of a wider telecoms bill.

The amendment states that: "No restriction may be imposed on the rights and freedoms of end users ... without a prior ruling by the judicial authorities" - language that forbids moves such as those currently under consideration by French lawmakers. [EUObserver]


EUROPEAN VOICE
Illegal downloads: France in bid to keep ‘three strikes' approach
France rejects European Parliament attempts to put courts in charge of cutting off internet services.France is fighting to retain executive powers to cut off internet users who persistently make illegal downloads, in the face of European Parliament attempts to require authorisation from courts for any interruption of services. French President Nicolas Sarkozy wrote to European Commission President José Manuel Barroso on Friday (3 October), urging rejection of an amendment approved by a majority of the European Parliament on 24 September in its debate on telecoms regulation. [EuropeanVoice]

MUSIC WEEK
CISAC, the International Confederation of Societies of Authors and Composers, has lodged an appeal against the recent European Commission ruling against the sector.
Contrary to the European Commission’s findings in its July 16 ruling, CISAC considers European authors’ societies have not engaged in concerted practice that restrict competition and have, therefore, not violated European competition law provisions.
The move coincides with a raft of appeals being made to the EC, which has accused collection societies of operating membership restrictions and territorial exclusivity, by 22 other authors’ societies, including the UK’s PRS.

CISAC claims the EC decision creates a climate of “legal uncertainty” for rights-owners and users and has been to put an end to promising initiatives to develop an alternative and consensual pan-European licensing model for online use of creative content. CISAC director general Eric Baptiste says, “Since the pioneering Santiago agreements in 2000, CISAC and its members have long been committed to providing a new framework for multi-territorial licensing of musical works. Unfortunately, the confusing and flawed July Decision is not part of the solution but part of the problem. We hope that the court of first instance will provide the clarity that rights holders, music users and the public need for a thriving online content market in the EEA.” [MusicWeek]

Popkomm: Gibb blasts EC
Robin Gibb has delivered a hard hitting keynote speech to open Popkomm 2008 criticising the European Commission’s recent move against the way collecting societies operate. The president of CISAC, the international association for Authors Collection Societies, questioned why the Commission was “bothering with this at all”.

Gibb told the conference, which was opened by Minister of State for Culture Bernd Neumann, that the Commission is accusing the societies of using concerted practice to place restrictions on multi territorial licensing in the fields of satellite, cable and internet transmission. Gibb said, “According to the Commission this was done by the societies to prevent competition between societies. The decision does not ban reciprocal arrangements on a bilateral basis but it forbids societies from talking together on a multi lateral basis. This is obviously daft and makes international trade in music licensing even more difficult than before.” He also claimed that the Commission’s move “has the effect (of) blocking the licensing of new digital services". He added, "It has destroyed the current system for multi-territorial licences and has forbidden the societies to discuss any new way forward.” [MusicWeek]

EU Events: October 2008 Monitoring

The Internet Summit Austria 2008
02 October 2008, Vienna, Austria
"e-Inclusion" is the leading theme of the conference, which will be a meeting of minds of the leading thinkers and major architects of the internet and the digital society today. Their range of experience will cover all aspects of e-Inclusion like e-Accessibility, Ageing, e-Competences, Socio-Cultural e-Inclusion, Spatial e-Inclusion, Inclusive e-government and broadband for all.
This event takes place in preparation for the European e-Inclusion Ministerial Conference 2008 in Vienna and is supported by the Federal Chancellery of Austria. The audience will consist of the top 300 CEOs, academics, administration and politicians of Austria and some European countries.
ISPA (Internet Service Providers Austria) is a non-profit organisation dedicated to advance the usage of the Internet in Austria. [Europa]

Internet of Things - Internet of the Future
6 - 7 October 2008, Nice Acropolis (France)

eGovernment for Regions at Open Days 2008
to be held 7th October 2008, Brussels, Belgium
This workshop, organized during the Open Days 2008 European Week of Regions and Cities, will look at current EU initiatives and activities in the eGovernment area and how they can benefit regions and municipalities. [Europa]

The conference will concentrate on the following 2 areas:
1. aspects related to the development of the mobile Internet
2. the industrial and technological perspectives necessary for the development of the 'Internet of Things'

The aim is to identify and discuss the technological state-of-the-art, future trends, as well as opportunities and challenges, and draw a comprehensive picture of how the Internet of Things will change our interactions with objects. [Internet2008]

Ministerial Conference on the Internet of the Future
8th October 2008 [Europa]

Towards Future Media Internet
13 - 15 October 2008, Saint-Malo, France
This event aims to be a major conference and exhibition devoted to the field of Networked and Electronic Media (NEM) and ICT at large. It will provide an opportunity to network and share information and viewpoints on R&D status and perspectives in this area. It is organised by the NEM platform, one of the European Industrial Initiatives, also known as Technology Platforms. The NEM Platform is established by key European stakeholders, addressing the convergence of media, communications, consumer electronics, and IT as a wide opportunity for future growth, by taking advantage of generalised broadband access, increased mobility, availability of rich media formats and contents, as well as new home networks and communications platforms. [Europa]

An industrial property rights strategy for Europe, Strasbourg, 16-17.10.2008
A strong industrial property rights system is a driving force for innovation, stimulating R&D investment and facilitating the transfer of knowledge from the laboratory to the marketplace. On 16 July 2008, the Commission adopted a Communication on an industrial property rights strategy for Europe which outlines actions to ensure Europe has a high quality industrial property rights system in the years to come. The Communication provides a horizontal strategy across the spectrum of different industrial property rights and includes initiatives on enforcement, innovation support for small and medium-sized enterprises, and the quality of industrial property rights. It complements the 2007 Communication on the patent system, which set out a way forward towards the adoption of a Community patent and an integrated EU-wide jurisdiction for patents. [Europa]

Second European Summit on Interoperability in the iGovernment
20 - 22 October 2008, Rome, Italy
This event will offer a forum to develop new strategies, to network and build synergies between participants. These will include representatives from the European Commission, national and regional governments, researchers, academics and ICT experts. The Summit aims to : analyze the European Interoperability Framework produced by IDABC ; verify the state of the art in Interoperability in Europe ; involve International and national stakeholders on interoperability, in order to define new priorities and to develop more innovative and efficient electronic services. [Europa]

World Standards Day 2008 conference: "Standardisation and SMEs: a challenge for Europe; what are the keys to success?" Paris, 21 October 2008
On the occasion of World Standards Day 2008, the French Presidency of the Council of the European Union, in cooperation with the European Commission, will organise a one-day conference about standardisation.
...

Entrepreneurs, organisations representing SMEs, the national standards bodies, administrations and other interested parties will meet on 21st October 2008 in Paris in order to share their experiences and throw new light on the strategic importance of standardisation for SMEs, the challenges ahead and the solutions which work. [Europa]

2nd Europe INNOVA Conference - Accelerating Innovation
The Europe INNOVA Conference 2008 will focus on accelerating innovation in Europe and how to optimise knowledge transfer, strengthening industry's innovation capacity through strategic partnerships and supporting innovative entrepreneurs. 22nd – 24th October 2008 [Europa]