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"I think the trend is now clear. There have been a number of cases in the last five years and if you look at the way they have been decided - the Kazaa case in Australia clearly referred to the American [Grokster] decision and just tweaked the law in a way that suited the rights holders. In Belgium, an ISP [Scarlet] was forced to implement filtering [June 2007, Belgian Society of Authors Composers and Publishers (SABAM) v Scarlet, Brussels Court of First Instance, currently under appeal]; there was a case in Finland [June 2008, Finnish Court of Appeal, where administrators of P2P site Finreactor were sued on an individual basis and 21 people were jointly fined €500,000 ($647,284) for copyright infringement and assisting copyright infringement; 14 are appealing] where the BitTorrent super-users were found guilty and they pleaded they were only linking. So I do see that trend." [...] "The big frustration is that we act for all these legal services who pay lots of money to the rights holders, and it's almost impossible to get licenses. They are so expensive and the process is so slow. Two or three years can go by and you can throw millions at trying to get a compelling service launched, and there are obstacles in the way all the time. Pandora is a great example, it's just not possible [to operate it in Europe]. We also advise Last.fm and MySpace, it's just so much hard work. This is the irony: they [labels] complain about piracy and then you walk in the door with a new service with some VC funding and an amazing bit of software that is essentially promoting and selling their content. But they say 'we are not moving unless you give us an advance of $5 million plus equity."

The global software piracy rate rose to 41% in 2008 from 38% in 2007, costing rights owners an exchange-rate adjusted $50 billion, according to a joint study between the Business Software Alliance (BSA) and IDC released last week. One of the factors driving greater piracy is increased high-speed Internet access, particularly in emerging markets where piracy rates are the highest. Software piracy is rampant on many Internet channels, including peer-to-peer (P2P) networks, auctions sites and websites. On auction sites alone, software piracy is estimated to be between 50% and 90%, according to an earlier BSA report. Other key findings from the May 2009 joint study include: * Even though global software piracy increased overall in 2008, the piracy rate actually dropped in 52% of the 110 countries studied and stayed the same in 35% of them * The impact of the global economic recession on software piracy is so far mixed, as reduced buying power is just one of many factors affecting piracy * Sites offering access to pirated software also spread malware. According to a 2006 IDC study, 29% of websites and 61% of P2P sites offering pirated software attempt to distribute malware. * While the US has the lowest piracy rate in the world-20%-it suffered the largest revenue loss in 2008 due to piracy given its leadership position in the global software industry

The Long Tail was a response to an essay by Clay Shirky, a prominent technology writer who also teaches at New York University. Shirky's argument dampened much of the nascent utopianism about blogs, pointing out that the readership of early blogs followed what economists call a Pareto curve, or "power curve": a small number of sites (the "head") attracted a huge number of readers, but most (the "tail") had few or none. This jarred with the utopian notion of the internet as a new kind of democracy. Why bother to participate if our fates were decided for us by a few block votes? So Anderson turned the notion upside down. The blockbuster was over, he proclaimed, and, like a man possessed, he began to see long tails everywhere. It was the Guardian that lauded this logic by comparing Anderson to Copernicus. The implicit message was that the little people would win. Many people were so keen to believe that Web 2.0 would make the world fairer that they rejected any evidence to the contrary. It was only last year, with an exhaustive study of online music sales by the economist Will Page and an experienced digital retailer, Andrew Bud, that a more useful picture of digital markets begin to emerge. Page and Bud found that most of the songs available for purchase had never been downloaded, and that the concentration of hits was more pronounced than ever before. On the file-sharing networks, the same pattern emerged. So, carrying a huge retail inventory, though cheaper than before, was of little or no value. Now, with Free, Anderson has turned to the criticism that the internet destroyed the value of movies, newspapers and music. Firms could, and now should, cross-subsidise this unprofitable activity, he argues. But cross-subsidies aren't new: they have been the subject of decades of observation by economists. Nor are they a panacea. Alan Patrick, co-founder of the Broadsight media and technology consultancy, points out that despite falling marginal costs, th

Repository of Spanish cases on hyperlinking to copyrighted material. In Spanish.

Founded in January 2005, Mininova quickly became one of the most successful torrent sites. With millions of daily users the site is now listed among the top 100 most frequently visited websites on the entire Internet, and its traffic still continues to grow. When combined, Mininova's visitors have been downloading well over 10 million torrents a day and performing an equal number of searches on the site. These millions of downloads add up quickly and since the birth of the site a massive 8 billion torrents have been downloaded by Mininova users.

At the end of March The Pirate Bay added new functionality to reach out to millions of Facebook users. Just over a week later and the world's largest social networking site has blocked all links to torrents on the world's largest and most infamous BitTorrent tracker.

Alleged file-sharer Joel Tenenbaum has a new ally in his battle against the record labels: Radiohead manager Brian Message. Tenenbaum, a grad student currently being sued for allegedly sharing seven tracks on Kazaa, intends to have Message testify that file-sharing can help the music industry, according to his lawyer, Charles Nesson of Harvard Law School.

The Songwriters Assn. of Canada proposes to allow domestic consumers access to all recorded music available online in return for adding a $5 Canadian ($4.96) monthly fee to every wireless and Internet account in the country. It has been slammed as "a pipe dream" by Canadian labels.

When the Pirate Bay verdict came in last Friday, many feared that the copyright holders would use it as ammunition against other sites. Indeed, Antipiratbyrån - the Swedish anti-piracy office - is now going after BitTorrent trackers with that verdict in hand. They demand that the trackers stop their activities, threatening them with legal action.