Copyright v Indexing

MPAA goes after TorrentSpy with potentially huge ramifications for all Internet search engines;
TS file a motion to dismiss:
Electronic Frontiers Foundation, Copyright v. Indexing, Part 1: TorrentSpy (March 31, 2006) <http://www.eff.org/deeplinks/archives/004518.php> 10 April 2006

p2pnet.net, TorrentSpy takes on the MPAA (27 March 2006) <http://www.p2pnet.net/story/8334> at 7 April 2006

Slyck News, TorrentSpy Files Motion to Dismiss (28 March 2006) <http://www.slyck.com/news.php?story=1141> at 7 April 2006

BREIN forces the closure of six small torrent sites:
p2pnet.net, BREIN: at it again in Holland (6 April 2006) <http://www.p2pnet.net/story/8457> at 7 April 2006

IFPI launch another 2,000 lawsuits against individuals:
Digital Music News, IFPI Delivers More File-Sharing Lawsuits, Broadens Effort (4 April 2006) <http://www.digitalmusicnews.com/index_html#040406ifpi> at 4 April 2006

myadsl.co.za, Music industry's anti-piracy lawsuits in Portugal (3 April 2006) <http://mybroadband.co.za/nephp/?m=show&id=2400> at 4 April 2006

The social norms of file sharing:
Editor, 'Tempting, isn't it?' Sydney Morning Herald, 1 April 2006 <http://www.smh.com.au/news/technology/tempting-isnt-it/2006/03/29/1143441215058.html >at 2 April 2006

Swedish prosecutors hit a wall in their pursuit of file sharers: not a criminal penalty therefore not entitled to demand identity disclosure from ISPs:
The Local, Hunt for private file sharers is over - prosecutor (5 April 2006) <http://www.thelocal.se/article.php?ID=3480&date=20060405> at 7 April 2006

Ad supported P2P starts to take form:
Digital Music News, TVT Records Offers Catalog to Ad-Supported P2P Platform (3 April 2006) <http://www.digitalmusicnews.com/index_html#040306> at 4 April 2006

More experts call for collective licensing:
Pitchforkmedia, Live From the Witch Trials (4 April 2006) <http://pitchforkmedia.com/features/weekly/06-04-03-live-at-the-witch-trials.shtml> at 5 April 2006

Global CD sales decline:
Digital Music News, More Data Emerges on Global CD Sales During 2005 (3 April 2006) <http://www.digitalmusicnews.com/index_html#040306ifpi> at 4 April 2006

USA CD sales decline:
Digital Music News, RIAA Releases 2005 Shipment Figures, Retail Values (3 Paril 2006) <http://www.digitalmusicnews.com/index_html#040306riaa> at 4 April 2006

Slyck News, CD Sales, Shipments Down in 2005 (31 March 2006) <http://www.slyck.com/news.php?story=1143> at 2 April 2006

AUS CD sales decline:
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

2005 ARIA Yearly Statistics (PDF)

Report slams music industry for suing its own customers:
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

OpenSource DRM - is it really any better than proprietary control - its all permission culture to me:
Wired News, Reasons to Love Open-Source DRM (3 April 2006) <http://www.wired.com/news/columns/0,70548-0.html?tw=wn_index_12> at 5 April 2006

DRM tracks at normal prices - non DRM tracks cost more on new Soribada:
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

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

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

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

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

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

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

Out with the old & in with the new

EDonkey server Razorback2 seized, operator jailed:
p2pnet.net, Razorback Bust: by the MPAA (21 February 2006) <http://p2pnet.net/story/7987> at 22 February 2006

p2pnet.net, Belgian police bust Razorback (21 February 2006) <http://p2pnet.net/story/7980> at 22 February 2006

Hollywood rejoices over the closure of Razorback2:
Yahoo News, Hollywood hails shutdown of music-sharing server (22 February 2006) <http://uk.news.yahoo.com/22022006/80-91/hollywood-hails-shutdown-music-sharing-server.html> at 23 February 2006

BUT !!!!!!! Razorback2's loss makes absolutely no difference with connections to the eDonkey network INCREASING overnight:
p2pnet.net, Razorback out, Kademlia in (23 February 2006) <http://p2pnet.net/story/8004> at 24 February 2006

Kazaa back in court:
S Hayes 'Kazaa defence cites 1920s case' The Australian (Australia) 21 February 2006 <http://australianit.news.com.au/articles/0,7204,18214048%5E27317%5E%5Enbv%5E15306-15319,00.html> at 22 February 2006

L Hearn 'Kazaa case back in court' Sydney Morning Herald (Australia), 20 February 2006 <http://www.smh.com.au/news/breaking/kazaa-case-back-in-court/2006/02/20/1140283981605.html> at 21 February 2006

Letter from DCIA to RIAA on the issue of licensing (or the lack there of):
p2pnet.net, DCIA letter to ARIA surfaces (20 February 2006) <http://p2pnet.net/story/7970> at 21 February 2006

Danish ISPs ordered to disconnect copyright offenders:
AGIPNEWS, Court Ruling Confirms Internet Service Providers Must Act to Stop Web Piracy (16 February 2006) <http://www.ag-ip-news.com/GetArticle.asp?Art_ID=2694&lang=en> at 22 February 2006

Digital Music News, Danish Supreme Court Rules Against ISPs in Piracy Case (21 February 2006) <http://www.digitalmusicnews.com/index_html#022106danish> at 22 February 2006

BitTorrent helps out with the SXSW Music Festival for the second year in a row:
Digital Music News, BitTorrent Inc. Offers Support of SXSW Music, Film Festivals (22 February 2006) <http://www.digitalmusicnews.com/index_html#022206sxsw> at 23 February 2006

Copyright brainwashing week in the USA:
p2pnet.net, Copyright Awareness Week (21 February 2006) <http://p2pnet.net/story/7985> at 23 February 2006

New Dutch file sharing network removes all anonymity (did they think this one through?):
p2pnet.net, Triblet: New Dutch p2p network (21 February 2006) <http://p2pnet.net/story/7977> at 22 February 2006

Quiet Times

Its been a fairly quiet week on the p2p front although things are likey to heat up again next week when the Kazaa appeal commences. Here's some interesting links to keep you going:
(Re: the new citation style - sorry but it will help me when I come to write my thesis)

Sony's disaster:
J. Alex Halderman and Edward W. Felton, Lessons from the Sony CD DRM Episode (14 February 2006) <http://itpolicy.princeton.edu/pub/sonydrm-ext.pdf> at 16 February 2006

Australians have long desired fair use provisions as wide as the USA (still illegal to timeshift or rip a CD here) but perhaps the USA provisions are under threat:
Electronic Frontiers Foundation, RIAA Says Ripping CDs to Your iPod is NOT Fair Use (15 February 2006)<http://www.eff.org/deeplinks/archives/004409.php> at 17 February 2006

Richard Stallman interview downplays the Creative Commons Licenses:
p2pnet.net, Richard Stallman interview (6 February 2006) <http://p2pnet.net/story/7840> at 16 February 2006

Nettwerk Music on their disagreement with RIAA about individual prosecutions:
p2pnet.net, p2pnet talks to Nettwerk Music (14 February 2006) <http://p2pnet.net/story/7923> at 16 February 2006

The inquiry into wholesale digital downloads continues in New York:
CNet News.com, New York focuses antitrust probe of record labels (14 February 2006) <http://news.com.com/2100-1027_3-6039470.html> at 16 February 2006

New political party in Sweeden hoping to overturn recent copyright ammendments that outlawed file sharing:
The Guardian, Pirates pursue a political point (9 February 2006) <http://technology.guardian.co.uk/weekly/story/0,,1705100,00.html> at 13 February 2006

Let them eat cake!

This week has been all about France (well okay a few other things happened too):

To begin with (more) legal precedent supporting personal use:
A. Ridouan, French judge authorizes downloading and uploading of copyrighted content on the Internet, Blog des Audionautes, 7 February 2006
The decision (in French) is available here: http://www.audionautes.net/pages/PDF/audionautestgiparis.pdf

To back things up France reignites the potential for a collective licensing scheme:
Editor, Collective P2P Licensing Bill Gains Steam in France, Digital Music News, 8 February 2006
Editor, Inquiry set for French file-sharing plan, CNet News.com/Reuters, 3 February 2006

Performing rights association ASCAP joins a new ad supported p2p network:
Editor, ASCAP Joins Upcoming, Ad-Supported P2P Platform, Digital Music News, 8 February 2006

iTunes nears the 1 billionth download:
Editor, iTunes Music Store Nears One Billion Music Downlaods, Digital Music News, 8 February 2006

The RIAA attempt to sue a woman who can't use a computer and doesn't even own one:
R. Menta, RIAA Faces New Pushback on Individual Lawsuit, Digital Music News, 8 February 2006

ISPs throttling p2p downloads to preserve bandwith is about to become a whole lot harder with the advent of new encruption technology designed for BitTorrent:
R. Menta, New BitTorrent Clients Adopt Encryption, Evade ISP Detection, Digital Music News, 8 February 2006

Reports suggest (but am not absolutely certain) that Kazaa has managed to avoid being shut down in contempt of court proceedings:
Editor, Oz Kazaa komedy kontinues, p2pnet.net, 6 February 2006

File sharing increases in January:
Editor, File-Sharing Levels Remain Strong in January, Digital Music News, 8 February 2006

Scary digital watermarking technology developed to detect the exchange of copyrighted files:
Editor, New DRM file scare apps, p2pnet.net, 8 February 2006

Piracy, Prosecutions & Progress

Music lovers say that CDs are over priced:
Editor, Pirates: It Takes One to Know One, Wired News, 2 February 2006

Pressure mounts for eDonkey and Limewire to convert to legitimate networks:
J. Borland, File-swapping leaders nearing D-day, CNet News, 1 February 2006

RIAA lodge another 750 lawsuits:
J. Welte, RIAA files 750 P2P lawsuits, MP3.com, 1 February 2006

Indie labels argue for less DRM and more file sharing:
J. Evans, Indie labels reject DRM as music policeman, Macworld UK, 1 February 2006

Warner embrace cetralised file sharing (for movies):
Editor, Warner to start German file-sharing service, Reuters/CNet News, 30 January 2006

Two file sharers in Britain ordered to pay:
A. McCue, British file sharers to pay record industry, CNet News, 27 January 2006
S. Noah, Landmark case spells doom for internet music swappers, The Independent, 27 January 2006

Ireland also allows individual prosecutions:
Editor, Irish Labels Receive Court Victory Against Local ISPs, Digital Music News, 30 January 2006

Canadian label offers to cover costs for any prosecutions relating to their artists:
Nettwerk Music Group Takes on the RIAA, Press Release, 30 January 2006

Wow, what a week...

The RIAA appear to be suggesting that merely having a shared folder with copyrighted files in it is enough to establish infringing activity, despite rulings in Canada and the Netherlands which clearly state otherwise:
Editor, RIAA's latest file share claim, p2pnet.net, 26 January 2006

iMesh announces a parternship with MusicNet that includes 2 million DRM enabled tracks for purchase. Operates much like Altnet files did (do - sorry for the past tense) in Kazaa:
Editor, iMesh, MusicNet Officially Announce Partnership, Digital Music News, 24 January 2006

EMI chairman says that paid downloads will revivie the music industry, and states that the French move toward collective licensing is an 'aberation':
Editor, EMI chairman sees Net reviving music industry, Reuters/CNet News, 23 January 2006
Editor, EMI attacks French p2p plan, p2p.net, 22 January 2006

The IFPI say that file sharing is being "contained" given the growth of broadband, however statistics show litigation is having no effect in reducing it:
Editor, File-sharing 'not cut by courts' BBC News, 20 January 2006

Individual prosecutions begin in Switzerland:
Editor, IFPI Switzerland files suit against users of peer-to-peer networks, Heise Online, 19 January 2006

Music sales flat despite legal download growth

Editor, Music sales flat despite legal download growth, Reuters/CNet News, 23 January 2006

You gotta laugh at this: "Litigation is the last resort"

This weeks news...

Report from the IFPI that paid downloads now amount to 6% of the music market, totalling $1.1 billion for 2005.
A. Pasick, Digital music sales triple in 2005, Yahoo News, 19 January 2006

Students sued for using i2hub want the operator to pay their damages of $157,500 demanded by the record industry - the operator says the EULA clearly disclaimed liability
Editor, Students want file-sharing operator to pay copyright claims, Silicon Valley, 17 January 2006

Singapore commences legal action against three uploaders:
Editor, Singaporean Authorities Issue First Round of Downloading Suits, Digital Music News, 15 January 2006

Korea effectively decriminalises individual file sharing:
C. Ah-young, Commercial Online Music File Swappers Face Criminal Charges, The Korea Times, 16 January 2006

France takes a step back from collective licensing proposal from December 2005, may introduce scaled warnings and minor fines for individual file sharers. A softer stance may also be taken in relation to DRM:
Editor, France rethinks digital copyright bill, Yahoo News, 15 January 2006
http://news.yahoo.com/s/afp/20060115/tc_afp/franceinternetlaws

A UK consumer rights organisation has started lobbying for consumer protection against DRM
Editor, Fears raised over digital rights, BBC News, 16 January 2006

Anti DRM Pledge

Sign the freeculture.org pledge to NEVER purchse a copy protected CD - :

http://www.pledgebank.com/boycottdrm

its nice to know there are thousands that think the same way we do !

Paid downloads peak well below file sharing

Editor, Legitimate music downloading enjoys dream week, CNet News/Reuters, 8 January 2006

The week before Christmas paid downloads totalled 9 million, the week between Christmas and New Year, 20 million. Average weekly downloads from file sharing networks are around 250 million.

It seems fair to say that paid downloads remain merely a drop in the ocean.

Happy New Year

Happy New year to you all... things have been a little quiet the past couple of weeks on the digital music front but there have been some interesting developments:


New York Attorney General Eliot Spitzer has commenced a probe into the price of legal downloads which some are suggesting will delay the introduction of variable pricing structures:

J. Borland, Probe may delay change in digital-music prices, CNet News, 4 January 2006

Editor, New York Attorney General Puts Microscope on Paid Downloads, Digital Music News, 3 January 2006


And Sony has reportedly reached a settlement to the class action over its disgusting DRM:

Sony Settlement Proposal Filing

Editor, Sony BMG Offers Resolution to Class Action Lawsuits, Digital Music News, 3 January 2006

EFF and Sony BMG Reach Settlement over Flawed DRM, EFF, 29 December 2005

Collective Licensing for p2p in France

Editor, France, Spain Step Up Anti-Piracy Initiatives, Digital Music News, 20 December 2005

As France considers anti-circumvention laws, one proposal gaining support is the adoption of a collective P2P licensing scheme.


Red Herring "France Toys With Legal P2P"
Bloomberg "French Parliament Votes to Allow Web File Sharing"
CNet "France may sanction unfettered P2P downloads"
P2Pnet "P2p file sharing is legal, says France"
audionautes.net "France is the First Country to Propose the Legalization of P2P Downloading"

File Sharing UP

So suing 17,000 of your customers is clearly not helping the situation:

"According to data supplied by tracking firm BigChampagne, the average number of simultaneous P2P users reached 6.86 million in the US, and 9.47 million globally. In the US, that represents a 4.78 percent increase over October figures, and a 20.6 percent jump over comparable figures in 2004. Meanwhile, the numbers represent a 3.14 percent increase month-over-month globally, and a 21.3 percent increase year-over-year."

As reported by Digital Music News, 19 December 2005

iTunes Terms of Sale

iTunes Terms of Sale

These are the parts of the contract that worry me:

"You shall be authorized to use the Product on five Apple authorized computers... Apple reserves the right to change the terms and conditions of sale at the iTunes Music Store at any time."

Here's what was said when the iTunes DRM was cracked in January 2004:

"The RIAA can at any time change the DRM rules... and considering their history, it's likely that they will when the majority of consumers have embraced DRM and non-DRM products have been phased out..."

Fred Von Lohmann said:
"The restrictions are very frustrating for consumers, and frankly, are unnecessary... Every song on iTunes Music Store has been available on the Peer to Peer networks within four hours. All the DRM does is frustrate legitimate consumers; it doesn't stop file sharing..."

Read the full story here.