Skip to main content

Home/ Indie Nation/ Group items tagged list

Rss Feed Group items tagged

Filter: All | Bookmarks | Topics Simple Middle
John Lemke

Surprise: ASCAP and Music Labels Colluded To Screw Pandora | Techdirt - 0 views

www.techdirt.com/...-labels-to-screw-pandora.shtml

2014 ASCAP music infringement copywrong copyright law legal litigation scam labels

shared by John Lemke on 13 Feb 14 - No Cached
  • A key part of this was that the major labels, key members of ASCAP, suddenly started "dropping out" of ASCAP in order to do licensing directly. At first we thought this was a sign of how the labels might be realizing that ASCAP was obsolete and out of touch, but it has since become clear that these "removals" were all something of a scam to force Pandora into higher rates.
  • What happened was that ASCAP and Pandora had first negotiated a higher rate than Pandora had agreed to in the past -- reaching a handshake agreement. However, before that agreement could be finalized, these labels started "withdrawing" from ASCAP in order to negotiate directly. As part of that, both ASCAP and the labels refused to tell Pandora which songs had been withdrawn, meaning that if Pandora accidentally played one of the withdrawn songs (again, without knowing which songs were withdrawn),
  • Your Honor, by the time Pandora asked for this information on November 1st, both ASCAP and Mr. Brodsky [Sony Executive VP] had in their possession this very list. The deposition testimony from ASCAP was that this list as is could have been delivered to Pandora within 24 hours were it only to get the go-ahead from Sony to do so. ASCAP never received the go-ahead. We cited much of the internal back-and-forth on this in our briefs... My favorite is the following exchange between Mr. DeFilippis and Mr. Reimer of ASCAP on December 19th, 2013, PX 193. You see the question being asked by Mr. DeFilippis: why didn't Sony provide the list to Pandora? Mr. Reimer's response: Ask me tomorrow. Mr. DeFilippis: Right. With drink in hand. And the inference here is just incredible. This data was sitting there, your Honor, and nobody was willing to give it to Pandora.
  • ...1 more annotation...
  • There's a lot more in there, but it seems abundantly clear that these labels "withdrawing" from ASCAP had nothing to do with competition or market rates. It appears that it had little to do with even withdrawing from ASCAP. Instead, it seems to have been designed from the start to basically screw over Pandora, in what certainly smells an awful lot like collusion, by forcing Pandora to pay exorbitant rates or suddenly face a massive copyright liability because no one would tell them what songs were being "withdrawn" from an existing licensing agreement.
John Lemke

Little red lawsuit: Prince sues 22 people for pirating his songs | The Verge - 0 views

www.theverge.com/...-people-for-pirating-his-songs

prince lawsuit 2014 legal law YouTube Blogger litigation intellectualproperty indienationnews

shared by John Lemke on 27 Jan 14 - No Cached
  • The case, filed as Prince v. Chodera in the Northern District of California, reads, "The Defendants in this case engage in massive infringement and bootlegging of Prince's material." Only two defendants are named in the suit, however — the rest are listed as John Does, though eight do have the distinction of being regarded by their online handles. Nevertheless, Prince, based on "information and belief," alleges that each of the individuals worked together on Facebook and Blogger to conduct infringing activity, and lists extensively the mirror sites and blogs each used to distribute copies of his work. He has thus demanded $1 million with interest in damages from each of the defendants, along with a permanent injunction to prevent all of them from doing further harm.
John Lemke

Rep. Goodlatte Slips Secret Change Into Phone Unlocking Bill That Opens The DMCA Up For... - 0 views

www.techdirt.com/...t-new-copyright-problems.shtml

2014 unlocking cell phone DMCA copyright Section 1201 technology law legal yourrights writeabout wroteatindienation indienationnews IN-Pub

shared by John Lemke on 25 Feb 14 - No Cached
  • Because of section 1201 of the DMCA, the "anti-circumvention" provision, companies have been abusing copyright law to block all sorts of actions that are totally unrelated to copyright. That's because 1201 makes it illegal to circumvent basically any "technological protection measures." The intent of the copyright maximalists was to use this section to stop people from breaking DRM. However, other companies soon distorted the language to argue that it could be used to block certain actions totally unrelated to copyright law -- such as unlocking garage doors, ink jet cartridges, gaming accessories... and phones
  • Separately, every three years, the Librarian of Congress gets to announce "exemptions" to section 1201 where it feels that things are being locked up that shouldn't be. Back in 2006, one of these exemptions involved mobile phone unlocking.
  • Every three years this exemption was modified a bit, but in 2012, for unexplained reasons, the Librarian of Congress dropped that exemption entirely, meaning that starting in late January of 2013, it was possible to interpret the DMCA to mean that phone unlocking was illegal. In response to this there was a major White House petition -- which got over 100,000 signatures, leading the White House to announce (just weeks later) that it thought unlocking should be legal -- though, oddly, it seemed to place the issue with the FCC to fix, rather than recognizing the problem was with current copyright law.
  • ...2 more annotations...
  • While this gives Goodlatte and other maximalists some sort of plausible deniability that this bill is making no statement one way or the other on bulk unlocking, it certainly very strongly implies that Congress believes bulk unlocking is, in fact, still illegal. And that's massively problematic on any number of levels, in part suggesting that the unlocker's motives in unlocking has an impact on the determination under Section 1201 as to whether or not it's legal. And that's an entirely subjective distinction when a bill seems to assume motives, which makes an already problematic Section 1201 much more problematic. Without that clause, this seemed like a bill that was making it clear that you can't use the DMCA to interfere with an issue that is clearly unrelated to copyright, such as phone unlocking. But with this clause, it suggests that perhaps the DMCA's anti-circumvention clause can be used for entirely non-copyright issues if someone doesn't like the "motive" behind the unlocker.
  • Unfortunately, the bill was deemed so uncontroversial that it's been listed on the suspension calendar of the House, which is where non-controversial bills are put to ensure quick passage. That means that, not only did Goodlatte slip in a significant change to this bill that impacts the entire meaning and intent of the bill long after it went through the committee process (and without informing anyone about it), but he also got it put on the list of non-controversial bills to try to have it slip through without anyone even noticing.
John Lemke

RapidGator Wiped From Google by False DMCA Notices | TorrentFreak - 0 views

torrentfreak.com/e-by-false-dmca-notices-131223

2013 dmca google indienationnews legal law intellectualproperty take-down yourrights

shared by John Lemke on 24 Dec 13 - No Cached
  • File-hosting service RapidGator has had nearly all of its search results wiped from Google, including many clearly non-infringing pages. The URLs in question were removed by the search engine after a DMCA notice from several copyright holders. RapidGator is outraged and says the overbroad censorship is hurting its business, warning that the same could happen to others. “If it happens to us, it can happen to MediaFire or Dropbox tomorrow,” they state.
  • Thus far this has resulted in more than 200 million URLs being removed from Google’s search engine. While many of these takedown claims are legit, some are clearly false, censoring perfectly legitimate webpages from search results. File-hosting service RapidGator.net is one site that has fallen victim to such overbroad takedown requests. The file-hosting service has had nearly all its URLs de-listed, including its homepage, making the site hard to find through Google. Several other clearly non-infringing pages, including the FAQ, the news section, and even the copyright infringement policy, have also been wiped from Google by various takedown requests.
  • “Our robots.txt forbids search engines bots to index any file/* folder/ URLs. We only allow them to crawl our main page and the pages we have in a footer of the website. So most of the URLs for which Google gets DMCA notices are not listed in index by default,” RapidGator’s Dennis explains.
  • John Lemke on 24 Dec 13
     
    Quoting the article: "File-hosting service RapidGator has had nearly all of its search results wiped from Google, including many clearly non-infringing pages. The URLs in question were removed by the search engine after a DMCA notice from several copyright holders. RapidGator is outraged and says the overbroad censorship is hurting its business, warning that the same could happen to others. "If it happens to us, it can happen to MediaFire or Dropbox tomorrow," they state." This is, sooner or later, going to have to be addressed... It totally works against the concept of the cloud. I can not believe that more people are using the cloud for illegal uses than legit.
John Lemke

Copyright and the DMCA | WFUV Radio - 0 views

www.wfuv.org/copyright

WFUV copyright radio dmca

shared by John Lemke on 04 Sep 11 - No Cached
  • Some of these DMCA rules outline restrictions on the frequency some songs can be played. In any 3-hour period, we can webcast: No more than 3 songs from one album;no more than 2 played consecutively No more than 4 songs from a set/compilation;no more than 3 played consecutively No more than 4 recorded songs by the same artist(live studio appearances are okay)
  • John Lemke on 04 Sep 11
     
    List streaming radio restrictions.
John Lemke

Neon Goat MP3 Report Generator - 0 views

mp3report.sourceforge.net

IDtags ubuntu windows utility tagging html sound neon 2011 report generator

shared by John Lemke on 22 Jun 11 - No Cached
  • John Lemke on 22 Jun 11
     
    This command line program will generate an HTML list of directories for mp3.  This is exactly what I was looking for and it also has a windows version
John Lemke

NSA reportedly targeted as many as 122 world leaders for surveillance | The Verge - 0 views

www.theverge.com/...world-leaders-for-surveillance

2014 indienationnews law technology legal surveillance nsa spying privacy

shared by John Lemke on 30 Mar 14 - No Cached
  • The documents, leaked to the publications by Edward Snowden, contain a list of 11 world leaders that have been targeted by a system known as Nymrod — however the document implies the actual number targeted was 122. Nymrod is reportedly a system designed to automatically extract citations ("cites") out of a multiplicity of sources, including voice and computer communications. German Chancellor Angela Merkel is listed by name, as are more obvious targets like Syrian president Bashar Asad and former Ukranian prime minister Yulia Tymoshenko. Various leaders apparently have "cites" automatically added to to a "Target Knowledge Database."
John Lemke

Switzerland Questions Crazy Hollywood Claims About File Sharing... Ends Up On Congressi... - 0 views

www.techdirt.com/...-congressional-watchlist.shtml

2012 indienationnews Switzerland newmediaorder music distribution business businessmodel IP copyright newbusinessmodel

shared by John Lemke on 25 Sep 12 - No Cached
  • Last December, we wrote about a report put out by the Swiss executive branch noting that, based on their research, it appeared that unauthorized file sharing was not a big deal, showing that consumers were still spending just as much on entertainment, and that much of it was going directly to artists, rather than to middlemen. In other words, it was a market shift, not a big law enforcement problem. At the time, we wondered if Switzerland had just bought itself a place on the USTR's "Special 301 list" that the administration uses each year to shame countries that Hollywood doesn't like.
John Lemke

F-Secure: Android accounted for 97% of all mobile malware in 2013, but only 0.1% of tho... - 0 views

thenextweb.com/...e-malware-2013-0-1-google-play

2014 indienationnews mobile malware google android

shared by John Lemke on 05 Mar 14 - No Cached
  • Android threats are primarily a non-US problem
  • F-Secure believes it would be incorrect to say that “Google hasn’t been actively making efforts to increase the security of the Android platform.”
  • At the very bottom of the list was Google Play itself, with the lowest percentage of malware in the gathered samples: 0.1 percent. F-Secure also noted that “the Play Store is most likely to promptly remove nefarious applications, so malware encountered there tends to have a short shelf life.”
John Lemke

How LexisNexis and others may have unwittingly aided identity thieves | Ars Technica - 0 views

arstechnica.com/...ttingly-aided-identity-thieves

2013 identity thieves ars law legal security indienationnews

shared by John Lemke on 25 Sep 13 - No Cached
  • Wednesday's report exposes serious risks in what banks, mortgage companies, and other financial services call "knowledge-based authentication." Representatives from these services frequently rely on a list of about 100 questions such as "What was your previous address?" or "Which company services your mortgage?" when trying to determine if the person on the phone or filling out an application is the individual he claims to be. Ready access to the data stored by the data aggregators can make the difference between a fraudulent application being approved or rejected. Krebs goes on to recount a story told by Gartner fraud analyst Avivah Litan about a fellow analyst who witnessed an identity thief in action.
John Lemke

Mega Goes Legal, Issues Ultimatum Over Cyberlocker Report | TorrentFreak - 0 views

torrentfreak.com/over-cyberlocker-report-140925

2014.09.29-TNN indienationnews news report mega law legal P2P filesharing

shared by John Lemke on 25 Sep 14 - No Cached
  • Mega was founded by Kim Dotcom but the site bears little resemblance to his now defunct Megaupload. Perhaps most importantly, Mega was the most-scrutinized file-hosting startup ever, so every single detail simply had to be squeaky clean. As a result the site took extensive legal advice to ensure that it complies with every single facet of the law. Nevertheless, NetNames took the decision to put Mega in its report anyway, bundling the site in with what are described as some of the market’s most dubious players. This was not received well by Mega CEO Graham Gaylard. In a TorrentFreak article he demanded a full apology from NetNames and Digital Citizens Alliance and for his company to be withdrawn from the report. Failure to do so would result in “further action”, he said.
  • “Mega’s legal counsel has written to NetNames, Digital Citizens Alliance and The Internet Technology & Innovation Foundation (ITIF) stating that the report is clearly defamatory,” Mega CEO Graham Gaylard told TorrentFreak this morning.
  • Firstly, Mega’s legal team are now demanding the removal of the report, and all references to it, from all channels under the respondents’ control. They also demand that further circulation of the report must be discontinued and no additional references to it should be made in public.
  • ...3 more annotations...
  • also demanding a list of everyone who has had a copy of the report made available to them along with details of all locations where the report has been published.
  • Finally, Mega is demanding a full public apology “to its satisfaction” to be published on the homepages of the respondents’ websites.
  • Mega has given the companies seven days to comply with the above requests.
John Lemke

Snowden Leak: NSA Flagged Israel as Leading Espionage Threat - 0 views

www.ethicsintech.com/srael-leading-espionage-threat

2014 nsa israel indienationnews government surveillance spying

shared by John Lemke on 02 Nov 14 - No Cached
  • The National Security Agency listed Israel among a handful of nations considered to pose the “greatest threat” to American government, military and industrial secrets, classified documents leaked by whistleblower Edward Snowden reveal.
John Lemke

Boston Police Used Facial Recognition Software To Grab Photos Of Every Person Attending... - 0 views

www.techdirt.com/...ng-local-music-festivals.shtml

2014 indienationnews law technology legal tech privacy surveillance

shared by John Lemke on 18 Aug 14 - No Cached
  • Ultimately, taking several thousand photos with dozens of surveillance cameras is no greater a violation of privacy than a single photographer taking shots of crowd members. The problem here is the cover-up and the carelessness with which the gathered data was (and is) handled.
  • law enforcement automatically assumes a maximum of secrecy in order to "protect" its investigative techniques
  • The city claims it's not interested in pursuing this sort of surveillance at the moment, finding it to be lacking in "practical value." But it definitely is interested in all the aspects listed above, just not this particular iteration. It also claims it has no policies on hand governing the use of "situational awareness software," but only because it's not currently using any. Anyone want to take bets that the eventual roll out of situational awareness software will be far in advance of any guidance or policies?
1 - 17 of 17
Showing 20▼ items per page