To post hypertext links to articles/items, use the following method:

1. Copy and paste (or type) the following string:

Headline[">http://link">Headline[ /url]

2. Remove the two blank spaces.

3. Trade "http://link" with the actual url address of the page you wish to appear when the link is clicked.

4. Trade "Headline" with the news article's headline or your own descriptive text.

EXAMPLE:

[url= http://dmusic.com]Dmusic[ /url]

...remove the 2 spaces and it becomes:

[url=http://dmusic.com]Dmusic

===============

Folks, sometimes it is a lot quicker/better to alert our readers to important/relevant news articles and other items by sticking a quick link to them right here in this "news" thread than it is to submit using the "news/submit" button at the top of the page.

If you point your cursor at the "news" button, then do a "mouse-over" (awaiting the drop-down menu to provide you the "submit" option and all... THEN bother to type in or C&P your submission correctly in the proper format...
...Sheesh, after all that, your submission STILL has to await the "approval process" (meaning that I, or one of the fine Dmusic admin have to be online and alert enough to check the article input box, THEN decide where it needs filed, proof-read, etc... )

If you have an article/story/item that needs our attention, why not simply stick it here "In The News" instead! (Besides, I'll go to the front page with anything found here that meets the same criteria used for that "article input box" anyways.)

Let's save some time and hassle. Use that "submit" button only for ORIGINAL articles that come from your own hand.

independentm...	Date: October 26, 2005 @ 7:13 AM Quick link to the previous edition of In The News: http://news.dmusic.com/article/18416
independentm...	Date: October 26, 2005 @ 7:46 AM Corus warns of potential job cuts as Q4 profit drops due to copyright costs The company said profits were offset by "unusual costs" affecting the radio division, most notably increased performing rights tariffs imposed by the Copyright Board of Canada for the use of music.
independentm...	Date: October 26, 2005 @ 7:47 AM Baidu removes free music download links --China Daily
independentm...	Date: October 26, 2005 @ 7:52 AM Casual Piracy a Growing Challenge in the Entertainment Industry --CD Freaks
independentm...	Date: October 26, 2005 @ 7:55 AM Apple: Our biggest competitor is P2P --ZDNet
independentm...	Date: October 26, 2005 @ 8:01 AM Loud v. Does Subpoena Stayed by Second Circuit Directory of Lawyers Defending RIAA Suits Interview with Ray Beckerman on MyRealBroadcast A Puzzle for Techies: Did 'Metadata' and 'Hash' Show that Files were Copied? [http://recordingindustryvspeople.blogspot.com /2005/10/elektra-v-does-september-8-2004.html]Elektra v. Does, September 8, 2004, Decision of Judge Sweet[/url] Conference Scheduled in Interscope v. Does; New York City area Subpoena Recipients Should Check Their Subpoena Schedule of upcoming court dates New P2P File Sharing Case in Manhattan Federal Court: Elektra v. Barker Best regards, Ray http://recordingindustryvspeople.blogspot.com Ray Beckerman Beldock Levine & Hoffman LLP 99 Park Avenue (16th Floor) New York, NY 10016 (212) 490-0400 Direct Dial (212) 277-5895 Fax (212) 557-0565 Direct Fax (917) 591-3368 Email: rbeckerman@blhny.com Web site: http://www.blhny.com
independentm...	Date: October 26, 2005 @ 8:18 AM oops: Elektra v. Does, September 8, 2004, Decision of Judge Sweet (third time was the charm.)
gfmlcka	Date: October 26, 2005 @ 12:24 PM "A Puzzle for Techies: Did 'Metadata' and 'Hash' Show that Files were Copied?" Yes. The real question is : is it legal to download a copy of a CD you own (have rights to) ?
TotallyFrust...	Date: October 26, 2005 @ 4:50 PM "A Puzzle for Techies: Did 'Metadata' and 'Hash' Show that Files were Copied?" So...Are they saying that each piece of software is only used by one person? No wonder Roxio sold out.... In any case, as pointed out above, how does this prove infringement?
TotallyFrust...	Date: October 26, 2005 @ 10:46 PM The comments at the end of the the link do a pretty good job of explaining the hash. BTW - Windows networks (specifically DFS and Active Directory replication) use the hash to determine if a file has been replicated. Now for the fun part...Symantec's (DRM infested) virus pattern files include some files that appear to be updated on a a monthly basis, but even with the time stamp change the hash stays the same. I discovered this whewn DFS replication kept skipping certain files every month. The catch here is that these files contained different content. The bottom line - The approach of claiming that the hash proves or disporves anything is flawed. The hash can be reproduced as well as modified with practically no effort at all. The simple act of copying a file to different hard drives or opeing it with an editor and selecting save can change it. THe metadata can be whatever you want it to be as part of the ripping process. Truth be told....They have no "fingerprint" as suggested in their claim since neither of these can be conclusively shown to be unique to the data.
independentm...	Date: October 26, 2005 @ 11:06 PM School Orders Students to Remove Blogs --AP "But this is the first time we've heard of such an overreaction," he said. "It would be better if they taught students what they should and shouldn't do online rather than take away the primary communication tool of their generation." Agreed. "Thompson said parents of students who enroll in the schools sign contracts governing student behavior, including responsible Internet use." What? In America you can sign a contract with a private entity that takes away your civil liberties? I hope the hell not! (If so, we BADLY need an amendment to the constitution to fix this.)
independentm...	Date: October 26, 2005 @ 11:09 PM Yahoo Doubling Price of Music Service --AP
independentm...	Date: October 26, 2005 @ 11:13 PM Bill's Author Says Some Bloggers Would be Protected by Shield Law --Editor & Publisher Hey, why only "some"?
independentm...	Date: October 26, 2005 @ 11:31 PM Baidu.com Adds Copyright Disclaimer --AP
independentm...	Date: October 26, 2005 @ 11:32 PM BlackBerry Maker Denied High Court Appeal --AP
independentm...	Date: October 27, 2005 @ 9:06 AM Hey folks! I was getting ready to hop in bed, but I heard on C-Spann that Meirs withdrew from her nomination. Can't find anything on yahoo yet, but... :) (Gonna catch some Z's see you all later!)
pepe512000	Date: October 27, 2005 @ 7:20 PM It's true..congratulations are in order..Canada has decided to do away with internet file-sharing as it's killing our music industry....this was a main news item for five minutes on our CTV station last night. I couldn't believe what I was listening to. Here's Michael Geists take on it... The Real Story Behind Statscan's Recording Industry Numbers
gdZiemann	Date: October 28, 2005 @ 1:49 AM In the U.S, the industry blames this year's sales decline on the usual suspects, and -- these are bonus extras -- has realized that... a) they've got nothing for the fourth quarter ("a dearth of superstar catalysts"); b) some people are playing video games ("competing entertainment options"); c) "music that isn't enticing appetites" Wait till they find out there was bad weather, too. The article also contains today's math lesson: To account for the consumer shift to single-song purchases, Billboard recently added "track equivalent" album sales to its Market Watch report, using a factor of 10 downloads per album. That yielded a 3.8% decline in album sales last week instead of 7.2% without the digital input. The RIAA uses a factor of 12, cutting the year's dip to 2.4%. This is, of course, impossible.
gdZiemann	Date: October 28, 2005 @ 1:55 AM The Michael Geist article is very good, but begs the questions... They just now added up 2003? And there were only 100 new releases?
pepe512000	Date: October 28, 2005 @ 11:14 AM gdZiemann We're always just a tad behind the rest of the world :)
DeadMan2003	Date: October 28, 2005 @ 4:38 PM
autodidact	Date: October 28, 2005 @ 4:40 PM This is mind-blowing -- a follow-up to the news story about the columnist who wanted to sell his CDs after ripping them to his iThing. Here's the legal analysis, from one of the lawyers who helped write the actual language of the AHRA, a professor of law. Be sure to read comments at the end. First Sale, Hard Copies, and Digital Copies
DeadMan2003	Date: October 28, 2005 @ 5:01 PM I hate it when they cycle links BTW it's not a real movie. Just some fun from IMDB :)
gfmlcka	Date: October 28, 2005 @ 6:32 PM Copyright Office soliciting comments on DMCA: http://yro.slashdot.org/yro/05/10/28/060256.shtml?tid=103&tid=123&tid=17
fatherbrennan	Date: October 28, 2005 @ 7:14 PM Check this out: http://www.foxnews.com/story/0,2933,173500,00.html Just wait until the labels get a hold of this, then their artists wont have to be good musicians OR good dancers, they can remote control them to do either. God help us.
ShadowMom	Date: October 28, 2005 @ 8:56 PM "If you find just the right frequency, energy, duration of application, you would hope to find something that doesn't permanently injure someone but would allow you to make someone temporarily off-balance." From fatherbrennan's article....this is seriously scary stuff...
ShadowMom	Date: October 28, 2005 @ 9:08 PM Gfmlcka, Mike needs to front-page that, and I'm sure he will. :)
independentm...	Date: October 29, 2005 @ 4:31 AM Shyamalan Opposes Quick DVD Releases "says a move to eliminate the window between a film's theatrical release and its debut on video would diminish the artistic integrity of moviemaking." Shyamalan is full of "shymal-it"! (Hey, I coined a word!) He thinks he is protecting his profits is what he really means by that.
independentm...	Date: October 29, 2005 @ 4:46 AM I tried to frontpage the Michael Geist story, but that site is down. Sorry pepe512000 :(
independentm...	Date: October 29, 2005 @ 5:52 AM Legislation Poses Serious Setback To Italian Biz --Billboard (sorry, registration required, but: ) Italy's on-going war on musical piracy will face a severe setback if the Berlusconi government passes a controversial piece of legislation, industry executives warn. Prime minister Silvio Berlusconi's proposed new Bill of Law is designed to reduce the prescription period for a number of minor crimes carrying jail sentences of between three and four years. Opponents and some government politicians refer to the bill as the Legge Salva-Previti (Save Previti Law) in reference to senator Cesare Previti, a lawyer for Berlusconi and former government minister who has been handed a jail sentence for bribery.
independentm...	Date: October 29, 2005 @ 6:07 AM DLM Digital ties up with Japanese co for tech to curb film, music piracy... --Hindu Business Line
independentm...	Date: October 29, 2005 @ 6:10 AM Fans Picket RIAA and Virgin Records on DRM --mp3 Newswire I'd really like to go to the front page with any alternate versions of this story if anyone can find them. Otherwise, this can be found at slyck and p2pnet.
independentm...	Date: October 29, 2005 @ 6:13 AM Here are some pics from the DRM protest.
independentm...	Date: October 29, 2005 @ 6:19 AM MTV Networks Names Chief Digital Officer --World Screen
independentm...	Date: October 29, 2005 @ 6:23 AM Underground hip-hop acts surface on club circuit --Reuters Ten years ago, it would take a series of hot 12-inch records for an underground hip-hop act to establish its reputation. These days, the proving ground is just as likely to be a concert stage.
independentm...	Date: October 29, 2005 @ 6:28 AM Music video audience migrates to Web --Reuters (An aside to leflaw: Hey, when you gonna start hosting vid-clips at Dmusic? Give me a ring if you'd like to hear some "pipe-dream" ideas/business model I have had for running a "Dmusic Video Vault" in this regard. I'd do the grunt work as an admin for it, but would need Dmusic server space and tech assistance and so forth.) --Shmoo :)
independentm...	Date: October 29, 2005 @ 6:32 AM Sirius spars with Fox News --Reuters "In a carriage dispute worthy of the cable television industry, the Fox News Channel yanked its programing off Sirius Satellite Radio for two hours Thursday, forcing Sirius to pull the feed from a TV set in order to keep the content flowing, insiders said."
independentm...	Date: October 29, 2005 @ 6:34 AM Musicians May Strike During Rockette Show --AP
independentm...	Date: October 29, 2005 @ 6:39 AM Review: Software Converts ITunes Songs --AP The article's author states: "HotRecorder indeed works — some of the time — in freeing your tunes from copy protection. Just use it at your own risk."
independentm...	Date: October 29, 2005 @ 7:25 AM FROM THE INBOX: Hello. Obviously, the RIAA has to protect its business, but there is no need for them to go stomping around like an 8000 pound gorilla. As you say, they seem to have lost their way, much as the railroads did when road transport left them in the dust. They don't listen to their customers - why should they - they know better. If you have a new press release, contact http://newsblaze.com and I'll publish it. Alan.
gfmlcka	Date: October 29, 2005 @ 11:23 AM http://www.nyunews.com/vnews/display.v/ART/2005/10/18/43546858c6630?in_archive=1 More on the DRM front.
independentm...	Date: October 29, 2005 @ 11:38 AM Thanks gfmlcka, it's now part of the DRM Protest Article
tomsong	Date: October 29, 2005 @ 1:09 PM see Dmusic TV April 1, 2004. The people's revolution supposedly. http://news.dmusic.com/article/11311
independentm...	Date: October 29, 2005 @ 1:14 PM Hi Tom! (Where the heck have you been? We have MISSED you!)
independentm...	Date: October 29, 2005 @ 1:24 PM Tom, That's exactly the sorta "content" I was talking about as my "pipe-dream" Vid channel that Dmusic could easily create and host. My "idea" would be that I would do the coordination and "leg-work" of accumulating the vids, finding a sponsor/ad buyer for each vid, and tons of other details too lengthy (and still to be hammered out..) ...but I have NOT any resources to personally do ANY of my "crazy pipe dreams" on my own... (But, Dmusic DOES have 'em... and if leflaw and crew want to take a chance, and/or use what talents/ideas I have... lol...) (BTW, Tom. Your Concert with Leland Sklar is something I watch frequently! It is AWSOME!)
independentm...	Date: October 29, 2005 @ 2:47 PM ...and also our "fearless leader's" vid-gig with the great Les C.
gdZiemann	Date: October 30, 2005 @ 12:59 PM What does a radio conglomerate do when they lose their payola income stream? Get rid of the music entirely.
ShadowMom	Date: October 30, 2005 @ 1:06 PM But if they kill rock on the radio...how will the poor record companies get their music heard? Hmmmm....
Lachatte	Date: October 31, 2005 @ 8:16 AM "Such flips in Sacramento, Calif., and Philadelphia mean one less new-rock station. " For all Philadelphia area listeners who listened to classic rock on YSP, I found this info: "With Infinity Broadcasting’s WYSP/Philadelphia shifting to Free-FM today, a new line-up for the station was unveiled immediately following The Howard Stern Show, kicking-off its new programming with well-known Philadelphia radio personality Paul Barsky. David Lee Roth is set to make his debut on WYSP on Tuesday, January 3, 2006, replacing Stern, who will disappear from the station's airwaves on Friday, December 16. "We are extremely excited about the transformation our station is presently undergoing and are eagerly anticipating David Lee Roth’s arrival," said WYSP VP/GM Peter Kleiner. "The new ‘YSP is unlike any other station in the Philadelphia market, and Free-FM will feature fresh, innovative and provocative programming to attract new listeners and advertisers." "Using a model Infinity has had in place at WHFS/Baltimore, WYSP will continue to broadcast Rock music during weeknights from 7 p.m. until 6 a.m. and weekends, beginning Friday night at 7 p.m. and concluding Monday morning at 6 a.m.. The station will also exist online (www.94wysp.com), featuring music previously heard over the air. WYSP will continue to be the radio broadcast home of the NFC Champion Philadelphia Eagles." http://www.fmqb.com/Article.asp?id=137667
gfmlcka	Date: October 31, 2005 @ 5:30 PM Sony music CD installs rootkit : http://www.sysinternals.com/blog/2005/10/sony-rootkits-and-digital-rights.html This is scary. And has to be illegal. Another reason to boycott Sony.
independentm...	Date: October 31, 2005 @ 5:32 PM Apple’s Jobs draws the line on download pricing --Newsday
independentm...	Date: October 31, 2005 @ 6:26 PM FROM THE INBOX: "Hello. I recently reread a piece about the trials and tribulations of small record store owners in Chicago. I found his brief gloss about the destruction of numerous local shops in the early 90s due to the invasion of larger music retailers (Coconuts Tower Records etc.) interesting. I am currently working on an article about the collapse of the market for honest-to-denim-and-leather heavy metal and the concomitant rise in the stock of alternative/grunge styled metal that occurred during the same period and have a sneaking suspicion that the musical and retailing shifts are interrelated. Any help with tracking down more information (articles/assessments from the early 90s or more recent article that cover this time period, personal testimony from people involved) regarding the implosion of the small-scale music store business, I will add you to my Christmas list and be very grateful. Thanks, Dave Burns" ==========
grumpygeezer	Date: October 31, 2005 @ 7:04 PM Gfmicka wrote: "Sony music CD installs rootkit : http://www.sysinternals.com/blog/2005/10/sony -rootkits-and-digital-rights.html This is scary. And has to be illegal. Another reason to boycott Sony." In Sony’s EULA, there's no mention of a rootkit or the inability to uninstall or delete the deeply imbedded software which functions similar to malware. In the UK, Sony could theoretically be found guilty of violating the Computer Misuse Act. Sony’s inappropriate encroachment into your operating system in a way that can lead to impaired functioning should be considered a violation or breach of some sort, and they ought to have to pay a penalty! (Legal opinion here, mroop, on this issue would be appreciated.)
gdZiemann	Date: October 31, 2005 @ 8:50 PM MPAA caught making shit up
gfmlcka	Date: November 1, 2005 @ 3:15 AM grumpy, I know our tired eyes aren't as good as they used to be, but it's gfmLcka just for the record. I only mention it because I value your opinions and would like to be able to get back to them by googling my username.
independentm...	Date: November 1, 2005 @ 6:37 AM On Sept. 4, 2005, the New York Times printed the following intriguing correction: An article last Sunday about film piracy included incorrect revenue data supplied by the Motion Picture Association of America. Hollywood's global revenue in 2004 was $44.8 billion, not $84 billion. Of the total, $21 billion, not $55.6 billion, came from sales of DVDs and Videos. The correction was the result of a Times reporter, Timothy L. O'Brien, asking the Motion Picture Association of America to furnish the combined global take of the major studios in 2004. The six major studios submit their revenue reports to the MPAA, which, in turn, compiles the total revenue received from theatrical distribution, video sales (now mainly DVD), and television licensing. These data are then circulated among top executives in the All Media Revenue Report. Instead of supplying the New York Times with the actual numbers, the MPAA sent bogus figures. Hollywood's DVD revenue alone was inflated by more than $33 billion, possibly to make the MPAA's war against unauthorized copying appear more urgent. Of course, the reporter had no way of knowing these impressive-sounding numbers were inaccurate and published them in an otherwise accurate story on film piracy. Such are the perils of Hollywood reporting. Since Hollywood is an industry dedicated to perpetrating illusion, its leaders often assume they have license to take liberties with the factual elements that support the movies they make. This practice is euphemistically described by marketing executives as "pushing the reality envelope." (good link gdZiemann, thanks for finding it)
independentm...	Date: November 1, 2005 @ 8:17 AM Apple says iTunes video sales doing well --The Globe and Mail
independentm...	Date: November 1, 2005 @ 8:28 AM Isley Bro Nailed for Tax Dodge --E Online
independentm...	Date: November 1, 2005 @ 8:29 AM M.C. Hammer publishing catalog up for sale --Reuters
independentm...	Date: November 1, 2005 @ 8:30 AM "The bankruptcy trustee is attempting to locate 33 songwriters who had deals with the Hammer publishing companies. They risk losing their royalties if they do not contact attorney Terrance Stinnett with Goldberg, Stinnett, Meyers & Davis in San Francisco by December 31. After that date, the royalties will by paid to the state of California as unclaimed property."
independentm...	Date: November 1, 2005 @ 8:33 AM The Game's Unhappy Halloween --E Online Trying to get into the Halloween spirit, the Game showed up at an autograph session at a North Carolina shopping mall wearing a mask. But apparently local police weren't in a trick-or-treating mood. Per local reports, officers pepper-sprayed Game's entourage. Apparently the cops thought the hip-hop crew was a threat.
independentm...	Date: November 1, 2005 @ 8:41 AM Online Kids Take More Risks At Home --TechWeb Children are more likely to download illegal software, chat with strangers and engage in other risky Internet activities at home than in school, a study released Monday showed. The poll of 1,556 youth from the ages of 8 to 18 was conducted between Sept. 10 and 14 by Harris Interactive on behalf of the BSA. (Yup, from the tone/slant of this article, I bet it was.)
independentm...	Date: November 1, 2005 @ 8:45 AM New retreat for giant merger as AOL founder quits Time Warner --AFP AOL founder Steve Case said he was quitting the board of Time Warner Inc. to cap a turbulent five years since he orchestrated the disastrous mega-merger of the media and Internet groups.
INeedAlover	Date: November 1, 2005 @ 9:27 AM "Even though there is no such military base or "Area 51," the "Extraterrestrial Highway" resulted in hundreds of news stories about alien visitors. " Last time I checked there was an Area 51. Whether or not it deals with 'alien life forms' or creatures from outer space was always the argument.
independentm...	Date: November 1, 2005 @ 11:34 AM Yeah, I saw that too INeedAlover. The author was trying to reach out to the "rational minds" without realizing that many of those "rational minds" acknowledge the existence of Area 51. (And, according to a scrolling thingy I saw one CNN or Fox News, more people believe in ghosts than God/divinity.) People believe very different things when it all comes down to faith. (And, that's OK in my book!)
independentm...	Date: November 1, 2005 @ 11:35 AM But facts are facts.
pepe512000	Date: November 1, 2005 @ 12:23 PM ~~Children are more likely to download illegal software, chat with strangers and engage in other risky Internet activities at home~~ I would think this is true of adults as well...one feels so insulated in their homes.
cobrastrike	Date: November 1, 2005 @ 1:17 PM Has this been posted yet? Researchers say Automated IM Worm is invitable..... http://www.eweek.com/article2/0,1895,1880026,00.asp
independentm...	Date: November 1, 2005 @ 1:26 PM "one feels so insulated in their homes." Shouldn't we?
cobrastrike	Date: November 1, 2005 @ 2:21 PM The folks in theWH are the ONLY ones who should be insulated.... Shouldn't they?
gfmlcka	Date: November 1, 2005 @ 4:20 PM Hold onto those old A/D converters. http://www.eff.org/deeplinks/archives/004106.php These people just don't get it.
independentm...	Date: November 1, 2005 @ 5:00 PM The way it is going, hold on to ALL your "old" stuff.
tomsong	Date: November 1, 2005 @ 5:58 PM The Halloween Surprise: GTomsong will be in attendance MPAA sneaks in legislation to remove audio and video outputs on consumer TV. http://judiciary.house.gov/oversight.aspx?ID=202 Thursday 11/03/2005 - 2:00 PM 2141 Rayburn House Office Building Subcommittee on Courts, the Internet, and Intellectual Property Oversight Hearing on "Content Protection in the Digital Age: The Broadcast Flag, High-Definition Radio, and the Analog Hole watch live webcast http://boss.streamos.com/real-live/hjudiciary/4749/100_hjudiciary-live_030428.smi kangaroo court witness list Honorable Dan Glickman Chairman and Chief Executive Officer, Motion Picture Association of America (MPAA) Mitch Bainwol Chairman and Chief Executive Officer, Recording Industry Association of America (RIAA) Gigi B. Sohn President, Public Knowledge Michael D. Petricone Vice President, Government Affairs, Consumer Electronics Association (CEA) on behalf of CEA and the Home Recording Rights Coalition.
gfmlcka	Date: November 1, 2005 @ 6:04 PM "Honorable Dan Glickman" Now THAT'S funny.
pepe512000	Date: November 1, 2005 @ 6:17 PM "Breaking News" Mice Can Sing ~~This is wonderful news.The RIAA should get them signed up as quick as possible, and make a small fortune...Hey, they could put them on tour!~~
pmmusic	Date: November 1, 2005 @ 6:18 PM Will they have to pay Monty Python the royalties (mouse organ skit) ? :)
independentm...	Date: November 1, 2005 @ 7:40 PM Tom, did you ever activate your tip-jar?
DeadMan2003	Date: November 1, 2005 @ 7:50 PM Filesharing 'reseeded' copyrighted material for personal non-profit use 'may' be legal in the UK. http://www.slyck.com/news.php?story=972 BPI Running on Empty? October 31, 2005 Nick Parker The BPI, the British Phonographic Institute, have been busying themselves emulating their American counterparts, the RIAA, rattling their sabers and threatening legal action against petty file-sharers. But how much of this is an empty threat, and how much ammunition do they really have in their arsenal against file-sharers? The BPI claim to be reluctant litigants, saying that they don’t want to make a business out of suing people, and the statistics certainly do tend to support their claims. They are misleading nobody, for if they were planning to make a business out of it, they have been spectacularly unsuccessful. To date they have actually succeeded in taking nobody to court. Yes, that’s right, nobody. All they have succeeded in doing is frightening a small number of vulnerable people into paying up rather than risk a legal battle, whilst at the same time lending phenomenal publicity to the fact that people can get something for nothing virtually risk free. Matt Phillips, spokesperson for the BPI, is on record for having said that the BPI are only targeting those who upload - which includes of course, those who share or seed copyrighted files. Whether the BPI would stand a snowball’s chance in hell of succeeding in any action against anyone accused of downloading even if they wanted to is a moot point. As matters stand, neither uploading nor downloading copyrighted files for personal use in the UK is actually against any specific law. Acts of Parliament generally make exceedingly dull bedtime reading, and the Copyright, Design and Patents Act, of 1988 is certainly no exception. Well over 250 full pages and 300 sections of it. Quite enough to make the most hardened lawyer’s eyes glaze over in boredom. So this short article couldn’t possibly do justice to a subject whole armies of lawyers have spent years struggling to come to terms with, and has spawned complete industries. Instead we set out to offer a simplified commentary on those specific areas that are currently attracting the most attention. Neither is this debate necessarily limited to UK legislation, as many governments have implemented similar laws based on the same WIPO terms which are couched in almost identical language. Whilst it deals with the rights of copyright holders against commercial pirates and counterfeiters, thus dealing with criminal offences, the principles detailed within the CDPA (as it is generally referred to) defines the general tort (or “civil wrong”) associated with file-shareing. In the UK it is regarded as the defining document regarding copyright, a reference point distinguishing between what amounts to criminal activity and what doesn’t. And make no mistake about it, unless the file transfer has been made for commercial reasons (i.e. "not personal and domestic reasons”) the only remedy open to the BPI is to take civil action based on a breach of the license terms. Not having grossly exaggerated “statutory damages” to fall back on, as in the USA, they have to quantify their actual losses – in other words, they have to prove what they have actually lost as a consequence of any alleged infringement. Does this make a real difference? Too darn right it does. In the USA the author of a copyrighted item can claim between $750 - $30,000 for accidental infringement without even having to prove that he has lost a single cent (17 USC §411a) going up to a staggering $150,000 per item for willful infringement (17 USC §§412, 504c) – not too mention having to foot the legal bill. The license for any work amounts to much the same as a EULA (End User License Agreement), a contract between the authorized seller of copyright material and the buyer of such material, which in turn transfers or passes on to any subsequent purchasers. But how can any person who subsequently came into possession of such material (e.g. an electronic version) be bound to the terms of any license agreement that were not brought to his initial attention or weren’t otherwise immediately obvious? The CDPA appears to be totally inconsistent with the BPIs stated position. For example, section 5 (2) stipulates that "Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording." Hang on, the term subsist means to continue in existence according to the legal dictionary. If copyright doesn’t continue in existence, then it doesn’t take a genius to work out that copyright actually ceases at the very point a copy of the original – or “previous sound recording” - is first taken. Surely then it is the person who first breached copyright who is actually responsible for all subsequent copies, and not those who simply follow on down the chain? Translated into P2P terms, this appears to mean that the person who initially seeded copyrighted material almost certainly breached the terms of his license with the seller, and could be liable for losses and damages, but this doesn’t appear to apply to reseeded copies. Even if the court begs to disagree, this still amounts to the absolute defense of innocent infringement (S97): “Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him…” According to the BPI, this isn’t exactly what the British government meant to say. When confronted with this seemingly obvious inconsistency, their legal department rather confusedly said “Section 5 A (2) simply makes it clear that a straight copy of a pre-existing recording doesn't give rise to a separate copyright. Instead, each copy of a sound recording (whether first, second, third etc generation) that is a copy of an original recording involves a reproduction of the original copyright. If done with consent then there is no infringement. If the copy is undertaken without consent …then there is infringement”.. Lawyers are used to all sorts of nonsense being spouted by others, but this has to win several major prizes. One could be forgiven for thinking that it is presumptuous for the BPI to tell us what the British government actually meant as opposed to what is set down in law. Especially given that their own Matt Phillips freely admitted that he didn’t understand the specific legal points put to him, and their own legal department doesn’t appear to have sufficient in-house expertise to understand what is written in black and white. Indeed, the normally imperturbable Matt became quite distraught when pursued for an answer, resulting in the intervention of their Chairman, Peter Jamieson, and eliciting their apology. “We ourselves are advised by specialist law firms on all legal aspects of copyright law” stated the 35 year old replacing Geoff Taylor in a shake up as their General Counsel, Oxford and Cambridge graduate Roz Groome, who was almost visibly clutching at straws when her curious interpretation of law was challenged. Not that this is the only glaring contradiction. Section 22 of the CDPA states "The copyright in a work is infringed by a person who, without the license of the copyright owner, imports into the United Kingdom, otherwise than for his private and domestic use, an article which is, and which he knows or has reason to believe is, an infringing copy of the work." Yes, that’s right. If it is done solely for private and domestic use, then it doesn’t amount to an infringement. Couldn’t be clearer. And given that P2P spans the globe, with international transfers being the norm rather than the exception, who is to know the origin of material “imported” into your private and domestic household? Or innocently redistributed to others through P2P for that matter. The BPI could offer nothing comprehensible in their reply when this was pointed out to them, saying only “If the imported copy is an infringing copy then any subsequent sale is infringing.” But we’re talking about giving it away, nobody mentioned anyone selling copyright material. It seems that, despite their position as the definitive authority dealing with copyright issues on behalf of the UK recording industry, the BPI appear to be at least as confused as anyone else. Little wonder they are so reticent to voice their position in a court of law. It’s probably more a fear of humiliation in the courts than some quirk of humanity that makes them reluctant to go to court. And humiliation will not go down at all well with their “members” who are actually paying them. The prospect of their standing up and telling a judge what the law meant to say as opposed to what it actually says sounds a great script for a Monty Python comedy sketch, and should elicit a most entertaining response. Entertaining to onlookers, that is. So far they have relied on the threat of litigation, rather than the hard reality of the courtroom. This policy appears to have paid dividends in the USA, where litigation is as much a way of life as drivers being shot in freeway incidents. However, this is all starting to change now trial lawyers actually risk losing their license to practice if they repeatedly file lawsuits found to be frivolous by the courts. This same threat has long moderated the UK legal scene, combined with the fact that there are no wildly exaggerated “statutory damages” for file-sharers and therefore copyright owners have to prove actual loss as part of any claim. This has undoubtedly kept the floodgates closed relative to the USA, and should keep the UK free from the kind of outrages we have witnessed with their American counterpart over the past year.
pepe512000	Date: November 1, 2005 @ 10:11 PM Hummmm.... Hollywood after the Anal. Hole again Hollywood has fielded a shockingly ambitious piece of "Analog Hole" legislation while everyone was out partying in costume. Under a new proposed Analog Hole bill, it will be illegal to make anything capable of digitizing video unless it either has all its outputs approved by the Hollywood studios, or is closed-source, proprietary and tamper-resistant. The idea is to make it impossible to create an MPEG from a video signal unless Hollywood approves it. This is like the Broadcast Flag on steroids. The Broadcast Flag only covered TV receivers. This covers everything with an analog video input.
pepe512000	Date: November 1, 2005 @ 10:14 PM yup..one story, many places to find it....
ShadowMom	Date: November 2, 2005 @ 12:59 AM Doesn't matter, Shmoo...you're the only one I trust..:rofl: sure not Tom....:rofl:
ShadowMom	Date: November 2, 2005 @ 1:00 AM Pepe, stop that..how you found that headline, I'll never know...but put it back where you found it... right now!
ShadowMom	Date: November 2, 2005 @ 1:08 AM Oh, and Pepe...wash your hands after you put it back...and stay WARM......brrrrrrr
benjdavis	Date: November 2, 2005 @ 8:12 AM [url=http://www.sysinternals.com/blog/2005/10/sony-rootkits-and-digital-rights.html]DRM Hiddensoftware[ /url]
benjdavis	Date: November 2, 2005 @ 8:13 AM http://www.sysinternals.com/blog/2005/10/sony-rootkits-and-digital-rights.html
tomsong	Date: November 2, 2005 @ 11:10 AM Whatever happened to the decades of liberal efforts from Rosen and Valenti to fight censorship? Even this week, after passage by the House, the Hollywood trade groups are fighting a last-ditch effort to stop the censorship legislation in the Senate. I am baffled at certain Boycott contributors who claim that politics has no place on our chatroom. How does one argue with the mentally ill? My contention is that the RIAA and MPAA have become radical rightwingers. Having had convinced snake-handler Ashcroft of a simple-minded case for property rights, these trade organizations have hired police thugs David Israelite, Mitch Bainwol, Ted Olsen and despicable torture advocates Viet Dinh and John Yu. The larger cause of free-market zealots we'll save for another time, such as James DeLong, Dean Kay and Declan McCullough. Here's an interesting link for you to chew on. http://www.reason.com/hod/tl103105.shtml Tim Lee's article, begun quote: "Consider the newly formed Property Rights Alliance (a project of Grover Norquist's Americans for Tax Reform) which sponsored a panel at last month's State Policy Network meeting in which lobbyists from the movie and recording industries shared the podium with grassroots activists fighting eminent domain abuse. The Alliance's founding press release lamented that "recent Supreme Court decisions gutting physical and intellectual property rights have left little choice but to unify and organize." That's strange, because there haven't been any recent Supreme Court decisions "gutting" intellectual property rights. " (end quote)
tomsong	Date: November 2, 2005 @ 11:31 AM I don't ever read Declan's mutterings, but he seems to like Alito, despite his radical pro-business and police surveillance views. On the good part, Alito seems to be of the persuasion that people seeking patent and copyright protection must demonstrate a high level of creativity and unique addition. http://news.com.com/2100-1028_3-5927003.html
DeadMan2003	Date: November 2, 2005 @ 12:26 PM More copy protection nonsense http://www.newscientist.com/article.ns?id=dn8247 New DVD watermark has pirates in its sights Hollywood has unveiled a powerful new technology which it hopes will help kill the pirating of movies. The system relies on sound – not vision – and was unveiled at a conference held by the international DVD Forum in Paris, France last week. The opportunity for a novel copyright protection system arose because the Forum is now finalising the standards for the new High Definition DVD system that goes on sale early in 2006. The details of the system were explained by Alan Bell, executive vice-president of advanced technology with Warner Brothers in California, US. All HD-DVD players will have a sensor that looks for inaudible watermarks in the soundtrack of movies. The watermarks will be included in the soundtracks of all major movies released to cinemas. If a DVD player detects the telltale code, the disc must be an illegal copy made by copying a film print to video, or pointing a camcorder and microphone at a cinema screen. So the player refuses to play the disc. Subtle variations The mark is made by slightly varying the waveform of speech and music in a regular pattern to convey a digital code. The variations are too subtle to be noticeable to the human ear, but are easily recognised by the decoder in the player. A variation of the system can also prevent the playback of discs made by pointing a camcorder at a home screen while it is playing a legitimate disc sold to individual consumers. The consumer discs will also have an audio watermark, which differs from the cinema mark. If an HD-DVD player senses the consumer watermark it will check whether the disc is a legal, factory-pressed version and, if not, shut down. Children’s parties Alan Bell believes the DVD Forum has done all it can to prevent foul-ups. “We know that there might be a Hollywood movie in the background during a children’s party, and if Dad takes a home movie the watermark might end up on the sound track,” he says. “So the player will only shut down if it is continuous for quite a long time.” Fred von Lohmann, an intellectual property attorney at the Electronic Frontier Foundation in San Francisco, California, says: “Few may object if you're only talking about the blue-laser DVD drives, but the trouble with watermarking schemes is the scope of the technology." "For any watermarking scheme to be effective, technology companies have to be forced to re-engineer playback devices to detect the watermarks," he told New Scientist. "The risk is that Hollywood starts dictating the redesign of existing DVD drives, CD drives, hard drives, and personal computers, all to buttress the watermark."
CopyrightLaw...	Date: November 2, 2005 @ 12:49 PM "recent Supreme Court decisions gutting physical and intellectual property rights have left little choice but to unify and organize." Gee I thought the Supreme Court ruling allowing your house to be seized for private interests was a gutting of physical property rights, wouldn't you?
ShadowMom	Date: November 2, 2005 @ 1:09 PM Unify and organize? With lobbyists from the entertainment industry? Talk about sleeping with the devil...
gdZiemann	Date: November 2, 2005 @ 2:53 PM url=http://news.yahoo.com/s/ap/20051102/ap_on_hi_te/movie_downloads]Grandpa Is Sued Over Grandson's Downloads[/url]
gdZiemann	Date: November 2, 2005 @ 3:23 PM Chicago chooses rock & roll over higher taxes proving once again that anyone can make money from music except the record labels.
TrueAudio	Date: November 2, 2005 @ 3:51 PM http://p2pnet.net/story/6836 Orwell's 1984 in Australia OT news / p2pnet: I just got an email from a very concerned friend of mine who manages a theatre. It contains text from a draft piece of legislation to "amend the law relating to terrorist acts". It's the Anti-Terrorism Bill 2005 and, if passed by the Australian senate, will probably become the Anti-Terrorism Act 2005. And that's The Law for those who aren't familiar with workings of the Australian government. One of the most frightening things about this document is it's definition of "seditious intent", which reads (3) In this section: seditious intention means an intention to effect any of the following purposes: (a) to bring the Sovereign into hatred or contempt; (b) to urge disaffection against the following: (i) the Constitution; (ii) the Government of the Commonwealth; (iii) either House of the Parliament; (c) to urge another person to attempt, otherwise than by lawful means, to procure a change to any matter established by law in the Commonwealth; (d) to promote feelings of ill-will or hostility between different groups so as to threaten the peace, order and good government of the Commonwealth. Read that again, and take a minute until it settles in. Anyone with an IQ greater than their shoe size will soon realise this document in effect brings Australians scarily close to the society George Orwell detailed in 1984. This document will make it illegal to criticize the Australian government. And it looks like it's going to be rushed in. The Sydney Morning Herald reports "Australian intelligence authorities have received specific information about a terrorist threat in Australia, Prime Minister John Howard says. As a result, an amendment to Australia's anti-terror laws making it easier to prosecute people thought to be planning a terrorist attack has been rushed into parliament today." You can read the draft document here. Just ignore the warning on the first page stating "DRAFT-IN-CONFIDENCE - This draft is supplied in confidence and should be given appropriate protection." And then kick up the biggest stink about this that you can (because you might not be allowed to for much longer). International readers - help us out on this one...please?
TrueAudio	Date: November 2, 2005 @ 3:55 PM Glickman ousted in anti-p2p role The movie studios have clearly lost faith in Dan ‘Jedi’ Glickman’s ability to effectively lead the good fight against p2p and file sharers. From October 1, ex-Screen Actors Guild (SAG) stalwart Bob Pisano steps up to take charge of the anti-p2p effort as president and operations boss of the MPAA (Motion Picture Association of America), says the movie studio pseudo-kop unit. He'll have day-to-day responsibility “operations, domestic and international, other than Washington, DC-based external and governmental affairs,” says the MPAA. Glickman, meanwhile, will, “lead the motion picture industry’s voluntary rating system, the Classification and Rating Administration (CARA) and its companion Advertising Administration," says the MPAA. But ex-MPAA boss Jack Valenti continues to lurk in the background. "I consult with Jack a lot - he's still my mentor - and he advised me that I needed to do what was best for me," the SAG Watchdog has Glickman saying. "I'm not Jack, and this is what I need to do." http://p2pnet.net/story/6346
ShadowMom	Date: November 2, 2005 @ 7:43 PM Psst...TrueAudio...P2Pnet doesn't like to share with us...just link it, don't copy it. They get very unhappy about it...
pepe512000	Date: November 2, 2005 @ 9:46 PM Just caught up to this one.. Music industry alarmed as online digital music sales level off Awwww Shucks!
ShadowMom	Date: November 2, 2005 @ 10:12 PM Imagine how they'll feel when they start to taper off. Then nosedive.
gdZiemann	Date: November 3, 2005 @ 12:17 AM Sony DRM gets spanked and bypassed
stilltrying	Date: November 3, 2005 @ 12:18 AM Well ShadowMom I think people who use Itunes are starting to see that their getting Ripped off just like the artists DRM and 128klb's it just not worth 99 cents and the Labels want to raise prices????? Stroke of genuis hey!!!!!
gfmlcka	Date: November 3, 2005 @ 1:28 AM ""If the software is put there to protect valuable content from being misused, then the software has to be able to protect itself from being subverted, so the companies that produce this security technology tend not to want to publicize how their technology works," Ullman said." My head is about to explode. Before it does ... "so the companies that produce this security technology tend not to want to publicize how their technology works," or doesn't work and proceeds to bork Joe 12 packs computer, leave a gaping hole for any skiddie who can rename their files $filename$ and fscks up CD drivers for most everyone else infected with this DRM shit. Ullman, you're an idiot and deserve to be fired along with all the other Sony braindeads that have alienated your customers and made your shareholders wonder "Why the FUCK am I supporting this piece of shit Company?" Screw Sony. Screw em good this Xmas. At the Thanksgiving dinner table bring up this nonsense. Be simple and direct and explain it the best you can, sincerely. Sony Sucks. Do Not Buy Their Products.
DeadMan2003	Date: November 3, 2005 @ 2:22 PM http://www.mediabistro.com/fishbowlLA/on/duping_the_press_music_industry_edition_27806.asp Duping the press, music industry edition Earlier this week, we asked the mediabistro.com readership to tantalize us with tales of systematic attempts by entertainment companies to mislead the journalists who cover them. Here's something from the music business. A reader writes: If you go the the RIAA website, which is the tradegroup for music, you'll see that they list all their number in terms of "units shipped". This is basically a BS number, because stores can return anything they don't sell. As a result, except for SoundScan (which charges for information) it is almost impossible to figure out how many copies of an album are sold, which record companies love because they can tell people that they've shipped a gazillion albums, when they actually only sold 15. What is worse is that it is almost impossible to accurately figure out what an artist got in a deal... Look at reporting around the Robbie Williams deal out of EMI in 2003. Estimates of what he received ranged from $15m to $100m. The company still has not disclosed what was actually spent. One has to wonder how it lines up with Regulation FD to have company officials giving out "shipped" numbers and then bogus guidence on artist costs (which is the major music cost center beyond exec's salaries). If the SEC ever actually investigated an entertainment company, there would be widespread changes in how they deal with the press. But they won't. So companies will continue misleading (and what's more, various executives will tell opposing lies in order to further personal agendas. Its not bad that they all lie. It's bad that their lies disagree).