Digital Copyright Canada

Blogger.com recently changed its "comment moderation" format. I, not understanding it, wound up accidentally deleting 50 or 75 of the most recent published comments.

Sorry about that.


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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

If you or anyone you know is a "John Doe" in the new wave of copyright infringement lawsuits based on single downloads of a movie, the Electronic Frontier Foundation's new Subpoena Defense Page provides information and links to attorneys who have "voluntarily offered assistance" in fighting the initial, discovery phase lawsuit:

Subpoena Defense Resources


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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In Capitol Records v. Thomas, the Judge has cancelled settlement mediation, at the request of both sides.

Order cancelling mediation

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In SONY BMG Music Entertainment v. Tenenbaum, the defendant has filed a notice of appeal.

So now both sides have initiated their appeal, and the fireworks can begin.

Defendant's notice of appeal

[Ed. note. My prediction: if appeals court reaches constitutional question, it will agree that due process standards as enunciated by Judge Gertner are applicable, but will remand for proper computation of (a) approximate actual damages and (b) proper multiple of actual damages. Court will reject lower court's application of multiple of minimum statutory damages, instead of multiple of actual damages. -R.B.] *-->
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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

Social media maven, indie music promoter, and all around great lady, @JessicaNorthey, has posted an interview of me on the Finger Candy Media website:Law+Twitter+Music+Nature+Friendship= @RayBeckerman

Meet Ray Beckerman, to quote his own Twitter Bio: “Law, social justice, nature, human & animal rights, arts, ecology, indie music & film”

If you are on Twitter and you pay attention to who really connects with others, gives back and actually makes the community/ecosystem better, then you are no doubt aware of Ray Beckerman! If you haven’t heard of him, he is an ambassador of what Social Media is all about..... Complete article
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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

Interesting article in the ABA Journal today:
$17M for Legal Fees Is Money Well Spent, RIAA Says

Posted Jul 29, 2010 6:00 AM CDT
By Debra Cassens Weiss

The Recording Industry Association of America is defending more than $17 million spent on legal fees in 2008 after bloggers claimed the organization’s aggressive pursuit of damages for illegal downloading was yielding little legal in the way of legal recoveries.
Complete article

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In SONY BMG Music Entertainment v. Tenenbaum, the RIAA has appealed from the judgment awarding it $67,500 for defendant's downloading of 30 mp3 song files.

RIAA's notice of appeal

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In Capitol Records v. Thomas-Rasset, both sides have filed a joint motion to be relieved of their obligation to proceed to mediation under a Special Master.

Joint Motion for Relief from order directing settlement mediation under Special Master

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

The amounts of money the RIAA spent on legal fees from 2006 to 2008 -- approximately $20,000,000 per year -- were in the ballpark with my estimates (I'd estimated $15,000,000).

But the amounts collected from the settlements were not; they were far lower. I would have expected the RIAA to have been collecting in the neighborhood of $5,000,000 per year during that period, rather than a mere $450,000 per year.

What if my estimates were correct, and 90% of the moneys collected were siphoned off to the Big 4 record labels who were the plaintiffs?

If so, it would mean the RIAA was spending general membership money to help just a few of its members.

But that would raise problems with

(a) the Internal Revenue Service, and

(b) the RIAA membership.

So it must not be the case. Right?

Just askin'.

If the RIAA lawyers out there could clarify this for me, I'd appreciate it. I understand the ABA Journal has asked you to comment, but you haven't responded yet.


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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

Big hat tip to my friend Jon Newton at p2pnet.net for uncovering these documents.

The RIAA's "business plan" is even worse than I'd guessed it was.

The RIAA paid Holmes Roberts & Owen $9,364,901 in 2008, Jenner & Block more than $7,000,000, and Cravath Swain & Moore $1.25 million, to pursue its "copyright infringement" claims, in order to recover a mere $391,000. [ps there were many other law firms feeding at the trough too; these were just the ones listed among the top 5 independent contractors.]

Embarrassing.

If the average settlement were $3,900, that would mean 100 settlements for the entire year.

As bad as it was, I guess it was better than the numbers for 2007, in which more than $21 million was spent on legal fees, and $3.5 million on "investigative operations" ... presumably MediaSentry. And the amount recovered was $515,929.

And 2006 was similar: they spent more than $19,000,000 in legal fees and more than $3,600,000 in "investigative operations" expenses to recover $455,000.

So all in all, for a 3 year period, they spent around $64,000,000 in legal and investigative expenses to recover around $1,361,000.

Shrewd.

No wonder they get paid the big bucks

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In SONY BMG Music Entertainment v. Tenenbaum, the Court has reduced the jury's award from $675,000, or $22,500 per infringed work, to $67,500, or $2,250 per infringed work, on due process grounds, holding that the jury's award was unconstitutionally excessive.

In a 64-page decision, District Judge Nancy Gertner ruled that:-to decide the issue on common law remittitur grounds would not have avoided the constitutional question, since plaintiffs had indicated they would not accept a "remitted" award, but would instead proceed to a second trial in the event of remittitur;
-the award of $22,250 per infringed work could not withstand scrutiny under the Due Process Clause and was unconstitutionally excessive;
-$2,250 per infringed work was the maximum amount that the Constitution would permit given the facts of this case;
-the Gore, Campbell, and Williams line of cases was applicable to determining the constitutionality of statutory damages awards
-statutory damages must bear a reasonable relationship to the actual damages
-the actual damages sustained by plaintiffs was no more than $30
-the benefit to the defendant was in the neighborhood of $1500
-it was permissible to treble the minimum statutory damages due to defendant's wilfulnessDecision reducing jury verdict from $675,000 to $67,500

[Ed. note. Since the Court concluded that the actual damages were ~ $1 per work, or $30 total, I don't understand how it arrived at the conclusion that an award of 2250 times that amount passes constitutional muster. -R.B.] *-->










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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In Viacom v. YouTube, the Court has ruled that YouTube qualifies for DMCA "safe harbor" protection.

Opinion and Order

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In Capitol Records v. Thomas-Rassett, Judge Davis has appointed a Special Master to promote meaningful settlement discussions.

The Special Master's fee will be $400 per hour, and payment will be made by the plaintiffs.

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

The ABA's online CLE panel on "Seeking harmony in music distribution" will be at 1 pm today. I will be on the panel.

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In Pearson Education v. Aurora, a commercial copyright infringement case against a pro se defendant, in which District Judge Shira A. Sheindlin awarded the plaintiff $50,250.00, or $750 per infringed work, in statutory damages, at the plaintiffs' request, the Court noted the factors to be considered in determining the amount of statutory damages:
In calculating the amount of statutory damages to award for copyright infringement, courts consider: "(1) the infringer's state of mind; (2) the expenses saved, and profits earned, by the infringer; (3) the revenue lost by the copyright holder; (4) the deterrent effect on the infringer and third parties; (5) the infringer's cooperation in providing evidence concerning the value of the infringing material; and (6) the conduct and attitude of the parties." (fn 40) [Bryant v. Media Right Prods., No. 09 Civ. 2600, 2010 WL 1659113, at *6 (2d Cir. Apr. 27, 2010) (citing N.A.S. Import, Corp. v. Chenson Enters., Inc., 968 F.2d 250, 252-53 (2d Cir. 1993)]
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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

Although the case hasn't been concluded yet, the RIAA has sought an order freezing the assets of defendants in Arista Records v. Lime Group.

Plaintiffs' memorandum of law
Proposed order freezing assets*-->


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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

Although the case has not yet been concluded, the RIAA have made a motion requesting a permanent injunction in Arista v. Lime Group.

Proposed injunction
Memorandum of Law
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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In the recent mass lawsuit brought in DC concerning file sharing of a movie, Achte/Neunte v. Does 1-2094, the Electronic Frontier Foundation and other organizations have filed papers supporting Time Warner's motion to quash subpoena. EFF's brief further argues that in any further lawsuits, the plaintiffs be required to establish a jurisdictional basis for bringing the action in that court, that they be enjoined not to engage in improper joinder, and that they be required to establish to some extent the merits of their claim.

Amicus Curiae Brief of EFF, Public Citizen, ACLU Foundation, and ACLU of Nation's Capitol
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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In Maverick Recording Co. v. Harper, defendant has filed a petition for certiorari from the Fifth Circuit's ruling which eliminated "innocent infringement" as a defense to any case in which CD's bearing copyrights were sold in stores, even though the copy was not made from such a CD

Petition for Certiorari


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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In Arista Records v. Lime Group, the defendants have made a motion for reconsideration of Judge Woods's prior decision.

Memorandum of Law in support of defendants' motion for reconsideration



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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->