Thursday, March 30, 2006

The customer is always right

More reports on why litigating individual consumers is hurting the music industry:
Mintel, Retail Music Industry Battles Extinction (27 March 2006) <http://reports.mintel.com/sinatra/reports/view%26name=press_releases//display/id=207266%26anchor=a207266> at 31 March 2006

Digital Music News, Research Assessment Blasts Major Labels (30 March 2006)<http://www.digitalmusicnews.com/index_html#033106mintel> at 31 March 2006

Four days later a main stream site is on to the fact that Limewire are introducing VOLUNTARY content filters:
Digital Music News, LimeWire Begins Testing on Content Filtering Mechanism (30 March 2006)<http://www.digitalmusicnews.com/index_html#033006limewire> at 31 March 2006

Aussie music market drops 9.5% in a year - blame the quality of music not downloaders:
Digital Music News, Australia Experiences Physical Drops in 2005, Digital Edges In (29 March 2006) <http://www.digitalmusicnews.com/index_html#032906aus> at 31 March 2006

I. Shedden, 'iTunes arrests industry decline', The Australian, 28 March 2006 <http://australianit.news.com.au/articles/0,7204,18629435%5E27317%5E%5Enbv%5E15306-15319,00.html> at 29 March 2006

2 year jail terms in Germany (compared with $50 fine in France):
The Register, German downloaders face two years' prison (29 March 2006) <at">http://www.theregister.co.uk/2006/03/29/germany_tightens_law/>at 30 March 2006

p2pnet.net, German 'jail file sharers' law (27 March 2006) <http://p2pnet.net/story/8332> at 28 March 2006

Digital Music News, German Lawmakers Pass Strong Anti-Piracy Law (27 March 2006) <http://www.digitalmusicnews.com/index_html#032706germany> at 28 March 2006

DRM doesnt work so now we'll just charge you more for something you already had:
DRM Watch, Soribada to Charge Differently for DRM and Non-DRM Music Tracks (30 March 2006) <at">http://www.drmwatch.com/ocr/article.php/3595426>at 31 March 2006

p2pnet.net, Korea p2p charges revealed (27 March 2006) <http://p2pnet.net/story/8330> at 28 March 2006

DRM doesnt work:
PC World, Researcher: DRM Has Deep Flaws, (27 March 2006) <http://pcworld.com/news/article/0,aid,125227,00.asp> at 29 March 2006

Ed Felten says Gvts should not regulate DRM (code IS law Ed):
Freedom to Tinker, The French DRM Law, and the Right to Interoperate (29 March 2006) <http://www.freedom-to-tinker.com/?p=998> at 30 March 2006

Denmark may join France in DRM law - Ed says French law not as bad as first thought:
Freedom to Tinker, Bernard Lang Reports on the Proposed French DRM Law, (28 March 2006) <http://www.freedom-to-tinker.com/?p=997> at 29 March 2006

Digital Music News, Denmark May Join France on DRM Interoperability (27 March 2006)<http://www.digitalmusicnews.com/index_html#032806denmark> at 28 March 2006

Sunday, March 26, 2006

Limewire filters

New VOLUNTARY copyright filter in beta testing for Limewire:
p2pnet.net, New LimeWire filter (25 March 2006) <http://p2pnet.net/story/8323> at 27 March 2006

France file sharing penalites - low low low and all the money goes to the Government and not the labels:
p2pnet.net, French p2p file share penalties (22 March 2006) <http://p2pnet.net/story/8280> at 24 March 2006

Pearl Jam embrace the free to sample business model:
Techdirt, Pearl Jam Shows How Giving Away Music Can Help Sales (23 March 2006) <at">http://techdirt.com/articles/20060322/1030219.shtml>at 24 March 2006

Kazaa loses contempt of court procedural battle:
Universal Music v Sharman [2006] FCAFC 41 (23 March 2006)http://www.austlii.edu.au/au/cases/cth/FCAFC/2006/41.html

L. Hearn, 'Kazaa faces new court battle' Sydney Morning Herald (Sydney Australia), 23 March 2006 <http://smh.com.au/news/breaking/kazaa-faces-new-court-battle/2006/03/23/1143083882135.html> at 24 March 2006

Tanya Andersen on NOT handing over her hard drive to the record lables (independent forsenic anlaysis):
p2pnet.net, p2pnet talks to Tanya Andersen (21 March 2006) <at">http://p2pnet.net/story/8273>at 22 March 2006

German CD sales hit for 7th year loss:
Deutsche Welle, German Music Biz Hit by Pirates For Seventh Straight Year (22 March 2006) <http://www.dw-world.de/dw/article/0,,1941076,00.html?maca=en-moreover-topstories-eng-566-rdf> at (23 March 2006)

Class Action against record labels:
p2pnet.net, Big 4 labels in class action (20 March 2006) <http://p2pnet.net/story/8257> at 21 March 2006

Hong Kong man charged with piracy despite fact can't use a computer;
p2pnet.net, Computer illiterate in p2p case (20 March 2006) <at">http://p2pnet.net/story/8252>at 21 March 2006

Royalties shit fight in the UK:
p2pnet.net, Online music talks on the rocks (21 March 2006) <http://p2pnet.net/story/8270> at 22 March 2006

Apple shaking in its boots about French DRM decision - passed by lower house - goes to Senate around May:
p2pnet.net, The seller, not the song (25 March 2006) <http://p2pnet.net/story/8320> at 26 March 2006

Wired News/AP/Reuters, How France Is Saving Civilization (22 March 2006) <http://www.wired.com/news/columns/0,70461-0.html?tw=wn_index_8> at 23 March 2006

Yahoo! News UK/Reuters, Apple says proposed French law smacks of piracy (22 March 2006) <http://uk.news.yahoo.com/22032006/80-91/apple-says-proposed-french-law-smacks-piracy.html> at 23 March 2006

CNet News.com/Reuters, France pushes ahead with iTunes law (21 March 2006) <http://news.com.com/France+pushes+ahead+with+iTunes+law/2100-1028_3-6052058.html?tag=nefd.top> at 22 March 2006

BBC News, French MPs vote to open up iTunes (21 March 2006) <http://news.bbc.co.uk/2/hi/technology/4828296.stm> at 22 March 2006

p2pnet.net, France votes on iPod Act, (21 March 2006) <http://p2pnet.net/story/8263> at 22 March 2006

CNet News.com/Reuters, French on to something with iTunes law, say analysts (20 March 2006) <http://news.com.com/French+on+to+something+with+iTunes+law%2C+say+analysts/2100-1028_3-6051495.html?tag=nefd.top> at 21 March 2006

Interesting suggestion from Ed Felten that some consumers might want DRM?????
Freedom to Tinker, Apples, Oranges, and DRM (23 March 2006) <at">http://www.freedom-to-tinker.com/?p=996>at 24 March 2006

Monday, March 20, 2006

Intellectual Property Run Amok

Would be funny if it werent screwing up the world:
Motherjones, Intellectual Property Run Amok (March/April 2006 Issue)<http://www.motherjones.com/news/exhibit/2006/03/intellectual_property.html> at 21 March 2006

Sunday, March 19, 2006

French p2p levy fails: DRM still has a chance

Well it was to be expected I guess, the record labels lobbied hard and long and the p2p levy failed in france; draft laws insisting on DRM interoperability remain possible however with the vote expected later this week:
iol.co.za, France forced to backtrack on piracy drive (9 March 2006) <http://www.iol.co.za/index.php?set_id=1&click_id=115&art_id=qw1141924683917B216> at 11 March 2006

San Diego.com, France reconsiders legal file-sharing bill (9 March 2006)<http://hosted.ap.org/dynamic/stories/F/FRANCE_PIRACY_VOTE?SITE=CADIU&SECTION=HOME&TEMPLATE=DEFAULT> at 10 March 2006

The Register, Blanket digital licence fails in FranceCarry on pirates, carry on DRM (14 March 2006) <http://www.theregister.co.uk/2006/03/14/france_p2p_plan_fails/> at 20 March 2006

Editor, French MPs vote to penalise illegal downloads, The Age/AFP (17 March 2006) <http://www.theage.com.au/news/breaking/french-mps-vote-to-penalise-illegal-downloads/2006/03/17/1142098637620.html> at 20 March 2006

Digital Media News, French download fee is officially out (10 March 2006) <http://www.dmeurope.com/default.asp?ArticleID=14052> at 13 March 2006

CNet News.com/Reuters, French finish draft of law to open iTunes (17 March 2006) <http://news.com.com/French+finish+draft+of+law+to+open+iTunes/2100-1025_3-6051094.html?tag=nefd.top > at 20 March 2006

Wired News/Associated Press, French Law Seeks Interoperability (17 March 2006) <http://www.wired.com/news/politics/0,70436-0.html?tw=wn_index_15> at 20 March 2006

Yahoo/Reuters, French plan would open iTunes to other devices (13 March 2006) <http://yahoo.reuters.com/stocks/QuoteCompanyNewsArticle.aspx?storyID=urn:newsml:reuters.com:20060313:MTFH48500_2006-03-13_18-41-48_L10436201&symbol=AAPL.O&rpc=44> at 14 March 2006

Research conducted by the Canadian Record Industry Association undermines their arguments regarding p2p:
p2pnet.net CRIA own goal (18 March 2006)<http://p2pnet.net/story/8243> at 20 March 2006

New website by Canadian Record Label urging against individual prosecutions:
Save The Music Fan <http://www.savethemusicfan.com/index.html> at 20 March 2006

Tanya Andersen, individual fighting RIAA lawsuit, permitted to have hard drive forensically examined at the expense of her prosecutors:
p2pnet.net, RIAA p2p file share defeat, (19 March 2006) <http://p2pnet.net/story/8247> at 20 March 2006

New American business LaLa - share CDs for $1 - totally legal under First Sale Doctrine:
The Register, Lala - a P2P NetFlix for swapping CDs (7 March 2006) <at">http://www.theregister.co.uk/2006/03/07/lala_launch/>at 10 March 2006

The Patry Copyright Blog, La la and Section 109 (8 March 2006) <http://williampatry.blogspot.com/> at 16 March 2006

Dutch Torrent site closes under pressure from labels:
p2pnet.net, Dutchnova.com bites the dust (15 March 2006) <http://p2pnet.net/story/8206> at 16 March 2006

Torrent site in Sweden totally legal:
Wired News, The Pirate Bay: Here to Stay? (13 March 2006) <http://www.wired.com/news/technology/0,70358-0.html?tw=wn_story_page_prev2> at 14 March 2006

Class Action in USA against monoploist labels:
Red Herring, Class Action Giant Sues Labels (9 March 2006)<http://www.redherring.com/Article.aspx?a=16046&hed=Class+Action+Giant+Sues+Labels+§or=Industries&subsector=EntertainmentAndMedia> at 14 March 2006

Thursday, March 09, 2006

Watching France

France withdrew provisions relating to a p2p license, but then after some intense debate within parliament the provisions appear to have been reintroduced. Does not mean that it will be passed but at least will be debated - vote expected after 14 March 2006:
p2pnet.net, French p2p file sharing law (4 March 2006) <http://p2pnet.net/story/8081> at 6 March 2006

BBC News, French MPs vote on digital piracy (3 March 2006) <http://news.bbc.co.uk/2/hi/technology/4770458.stm> at 7 March 2006

Yahoo! News UK, French government tries to block Internet 'download fee' (6 March 2006) <http://uk.news.yahoo.com/06032006/323/french-government-tries-block-internet-download-fee.html> at 8 March 2006

SignOnSanDiego.com, France reconsiders legal file-sharing bill (9 March 2006)<http://hosted.ap.org/dynamic/stories/F/FRANCE_PIRACY_VOTE?SITE=CADIU&SECTION=HOME&TEMPLATE=DEFAULT> at 10 March 2006

Record industry explains why security issues are not a good enough reason to allow users to circumvent DRM:
Freedom To Tinker, RIAA Says Future DRM Might “Threaten Critical Infrastructure and Potentially Endanger Lives” (8 March 2006) <http://www.freedom-to-tinker.com/?p=984> at 10 March 2006

APRA recertified by ACCC - not sure where this will leave the Australian Creative Commons licenses:
ACCC, ACCC re-authorises collective administration of music performing rights by APRA (9 March 2006) <http://www.accc.gov.au/content/index.phtml/itemId/726809/fromItemId/2332> at 10 March 2006

Kazaa case means one step closer to High Court and not much more than that:
The Register, Five days closer to a Kazaa resolution ... or not? (7 March 2006) <http://www.theregister.co.uk/2006/03/07/kazaa_appeal_2/> at 8 March 2006

Legal CD swaps for a dollar making it more absurd that file sharing is illegal - read the second of these articles and question whether the RIAA could just load a whole heap of spoof pages that will render the site useless???:
CNet News.com/Reuters, CD-swap network to slip through copyright loophole? (7 March 2006) <http://news.com.com/CD-swap+network+to+slip+through+copyright+loophole/2100-1025_3-6046817.html?tag=nefd.top> at 8 March 2006

The Register, Lala - a P2P NetFlix for swapping CDs (7 March 2006) <http://www.theregister.co.uk/2006/03/07/lala_launch/> at 10 March 2006

New file sharing program - only for authorised material - but we will not be monitoring you:
p2pnet.net, Allpeers Firefox p2p wins funding (7 March 2006) <http://p2pnet.net/story/8108> at 8 March 2006

Friday, March 03, 2006

RIAA divisions

The latest round of RIAA lawsuits given little media attention - focus on internal dispute about the point of it all:
Digital Music News, RIAA Delivers Latest Round of Lawsuits, Divisions Continue (1 March 2006)<http://www.digitalmusicnews.com/index_html#030106riaa>at 3 March 2006

Digital Music News, McBride Continues Assault on RIAA, Urges Industry to Loosen Control (1 March 2006) <http://www.digitalmusicnews.com/index_html#030206mcbride> at 2 March 2006

Greubel fights back, lodges motion to dismiss:
p2pnet.net, RIAA 'predatory litigation tactics' (27 February 2006) <http://p2pnet.net/story/8054> at 28 February 2006

Soribada folds into a subscription model:
P2pnet.net, 'New' Sorbada: subscriptions (27 February 2006) <http://p2pnet.net/story/8052> at 28 February 2006

More suggestions that eDonkey raid was a total waste of time:
Digital Music News, Early Data Shows Minor Impact Following eDonkey Hub Closure (23 February 2006) <http://www.digitalmusicnews.com/index_html#022406edonkey> at 26 February 2006

Suggestions by Morpheus CEO that most US file sharing networks will be closed by the mid-end of year:
Digital Music News, P2P Shakeout Looms, Piracy Debate Continues (24 February 2006) <http://www.digitalmusicnews.com/index_html#022406music2> at 26 February 2006

DRM hurts customers but can't stop piracy:
SecurityFocus, The big DRM mistake (1 March 2006)<http://www.securityfocus.com/columnists/390> at 3 March 2006

French court overturns decision to ban DRM on DVD's - fair use a legislative option, not a 'right':
http://www.courdecassation.fr/agenda/agenda_new/I-2006-02-28-0515824-0516002-Decision-civ1.htm (decision in french)

Ed Felton on the weaknesses of watermarks as copy protection DRM:
Freedom to Tinker, How Watermarks Fail (24 February 2006) <http://www.freedom-to-tinker.com/?p=981> at 1 March 2006

More on DRM - (better late than never) trying to get devices to work together:
Digital Music News, Technology Consortium Upgrades DRM Specification (28 February 2006) <http://www.digitalmusicnews.com/index_html#022806coral> at 1 March 2006

Yahoo say DRM is hurting their business:
Digital Music News, Yahoo Music Chief Pitches Evian, Shuns DRM (23 February 2006) <http://www.digitalmusicnews.com/index_html#022406yahoo> at 26 February 2006

Napster blames everyonelse for their further drop in profit:
A. Pasick, 'Napster plays blame game' The Australian/Reuters, 3 March 2006 <http://australianit.news.com.au/articles/0,7204,18312168%5E27317%5E%5Enbv%5E15306-15319,00.html> at 3 March 2006

Digital Music News, Executives Swipe at Publishers, Debates Continue (1 March 2006)<http://www.digitalmusicnews.com/index_html#030106pub>at 2 March 2006