Top Tech News

CIO Today Network Sites:   Top Tech News  |   CIO Today   |   Mobile Tech Today   |   Data Storage Today
News & Product Reviews for Tech Leaders
APC Free White Paper
Optimize your network investment &
Enter to win a Samsung Galaxy Note

www.apc.com
Thursday, April 24th 
24/7/365 Network Uptime!
This ad will display for the next 20 seconds. Please click for more information, or scroll down to pass the ad, or Close Ad.
Trending Topics:   Security Heartbleed Big Data Cloud Computing Windows XP Data Centers OS X Mavericks
Home
Network Security
Tech Trends
Cloud Computing
Hardware
Applications
Microsoft/Windows
Apple/Mac
Mobile Tech
World Wide Web
Big Data
Communications
Hackers
Chips & Processors
Linux/Open Source
Personal Tech
Press Releases
 
Free Newsletters
Top CIO News
 
Mobile Tech Today
 

World Wide Web

Court Ruling Could End P2P Music-Download Lawsuits

Court Ruling Could End P2P Music-Download Lawsuits
April 30, 2008 1:38PM

Bookmark and Share
U.S. District Court Judge Neil V. Wake has rejected the legal theory that the Recording Industry Association of America has used to attack P2P downloads. Jeffrey and Pamela Howell said their music copies were for personal use and they didn't know P2P application Kazaa made them public. The decision could be devastating to the RIAA.

Neustar, Inc. (NYSE: NSR) is a trusted, neutral provider of real-time information and analysis to the Internet, telecommunications, information services, financial services, retail, media and advertising sectors. Neustar applies its advanced, secure technologies in location, identification, and evaluation to help its customers promote and protect their businesses. More information is available at www.neustar.biz.

A federal court has dealt a body blow to the recording industry's efforts to sue people who use peer-to-peer software to download music from the Internet. In fact, says one copyright lawyer, the P2P decision could mean the end of the Recording Industry Association of America's litigation strategy.

In Atlantic Records v. Howell, U.S. District Court Judge Neil V. Wake rejected the RIAA's theory that the defendants distributed music files merely by making them publicly available through the Kazaa P2P application. Contrary to the music industry's theory, "Merely making an unauthorized copy of a copyrighted work available to the public does not violate a copyright holder's exclusive right of distribution," the judge wrote.

The facts of the case are fairly typical. MediaSentry, the private investigator that researches these matters for the RIAA, used Kazaa to identify 4,000 files available from the Howells' computer, with 54 of them copyrighted music files. MediaSentry took screenshots showing the files available and downloaded 12 of the songs.

'Gold Standard'

The defendants, Jeffrey and Pamela Howell, say they made legitimate copies of their CDs for personal use and they didn't know Kazaa was making them public. Asked in a deposition if he was sharing music files online, Jeffrey Howell said, "I was not, no. The computer was, but I was not. The computer in some form ... made files that I did not know available on the Internet."

"This case harmonizes everything. It sets the gold standard," said Ray Beckerman, a copyright attorney with the New York firm of Vandenberg & Feliu and author of the Recording Industry v. The People blog, in a telephone interview. "Other district courts will follow it. Appeals courts will follow it."

In the Howell case, the recording industry now has to "show he actually disseminated to members of the public -- and that he did it, not someone else," Beckerman said.

A Fatal Blow?

The decision will be devastating to the recording industry's litigation strategy, Beckerman said. "In cases where the person admittedly or clearly made unauthorized copies, those people will be held to have violated the reproduction right" -- the copyright holder's exclusive right to reproduce content -- Beckerman said. But the industry will lose when it comes to the right of distribution, he added. "I believe they won't be able to prove actual dissemination."

The litigation strategy has made sense because of the statutory damages the Copyright Act allows for copyright infringement -- starting at $750 per song for unintentional infringement and as high as $150,000 per song for willful infringement. That was the basis of the verdict against Jammie Thomas, who was ordered to pay $9,250 per song for total damages of $222,000 -- based on the "making available" theory. (continued...)

1  |  2  |  Next Page >

 

Tell Us What You Think
Comment:

Name:



 World Wide Web
1. FCC Defends Internet Traffic Proposal
2. Google Maps, Now with Time Travel
3. NYPD Twitter Campaign Backfires
4. Net Gets Faster, But Easier to Attack
5. Verizon Report Exposes Cyberthreats




 Most Popular Articles
1. Resetting All Passwords Now May Be Worst Heartbleed Fix
2. Silverpop: IBM Marketing Portfolio Gets Personal
3. Is Heartbleed the Biggest Web Security Threat Ever?
4. Analyst: Samsung Galaxy S5 Won't Sway iPhone Lovers
5. Where Do Web Sites Stand, Post-Heartbleed?

Have an informed opinion on this story?
Send a Letter to the Editor.
We want to know what you think.
Send us your Feedback.

 Related Topics  Latest News & Special Reports

  FCC Defends Internet Traffic Proposal
  Fund Seeks To Head Off Heartbleeds
  Salesforce Developing App SOS Button
  What Might an Amazon Phone Offer?
  Google Maps, Now with Time Travel

 Technology Marketplace
Business Intelligence
Get real-time, cloud-based information services with Neustar.
 
Cloud Computing
Next Generation Data Center Is Here! Vblock™ Systems from VCE
 
Contact Centers
HP delivers the future of the contact center with HP Qfiniti 10.
 
Data Storage
Next Generation Data Center Is Here! Vblock™ Systems from VCE
Barium Ferrite (BaFe) is the future of tape.
2.5" Enterprise-class SATA & SAS SSDs for server & storage applications
 
Enterprise Hardware
Barium Ferrite (BaFe) is the future of tape.
2.5" Enterprise-class SATA & SAS SSDs for server & storage applications
 
Hardware
Protect your network with APC Smart-UPS battery backup
 
Network Security
Protect your network with APC Smart-UPS battery backup
 

Network Security Spotlight
Tech Giants Fund Initiative To Prevent Future Heartbleeds
Can more funding prevent Heartbleed vulnerabilities in future open-source software? A new Core Infrastructure Initiative at the Linux Foundation is attempting to find out.
 
What Verizon's Data Breach Report Can Teach Enterprises
It’s probably not a jaw-dropper, but cyberespionage is officially on the rise. And the use of stolen or misused credentials is still the leading way the bad guys gain access to corporate information.
 
Top Cyberthreats Exposed by Verizon Report
Beyond Heartbleed, there are cyberthreats vying to take down enterprise networks, corrupt smartphones, and wreak havoc on businesses. Verizon is exposing these threats in a new report.
 
Navigation
Top Tech News
Home/Top News | Network Security | Tech Trends | Cloud Computing | Hardware | Applications | Microsoft/Windows
Apple/Mac | Mobile Tech | World Wide Web | Big Data | Communications | Hackers | Chips & Processors
Linux/Open Source | Personal Tech | Press Releases
Also visit these Enterprise Technology Sites
Top Tech News | CIO Today | Mobile Tech Today | Data Storage Today

Services:
FreeNewsFeed | Free Newsletters | XML/RSS Feed

About CIO Today Network | How To Contact Us | Article Reprints | Services for PR Pros (In partnership with NewsFactor) | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2014 Top Tech News. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.