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- Expert praises, criticizes Atlantic v. Howell decision
- Expert praises, criticizes Atlantic v. Howell decisionAmen William Patry!It's nice to see an intelligent person speak up in recognition that the RIAA is trying to circumvent long-established laws and practices in their insane persecution and prosecution of thousands of their once-loyal customers.When a private organization can extort fines from many...
- Tags: Government, Howell decision, Howell, Atlantic, RIAA
- Discussion threads 2008-05-01
Additional Resources
- News to know: Nokia; Salesforce; Mozilla; Google; Facebook
- Here are today’s notable headlines. You can get News To Know via email alert and RSS daily. For continuous updates see BNET’s around-the-Web tech coverage. Sam Diaz: Salesforce opens Sites; offers free version to help push cloud adoption Dion Hinchcliffe: Cloud computing and open source face-off...
- Tags: Salesforce.com Inc., Google Inc., Facebook, Larry Dignan, Nokia Corp., Flaw, Palm Inc., Mozilla Corp., Keyboards, Cloud Computing, Hardware, Peripherals
- Blog posts 2009-06-15
- Defendant in key RIAA decision destroyed evidence
- Photo by Luke Gattuso Just because you win a brilliant legal battle doesn't mean you'll win the war. Back in April, Judge Neil Wake handed RIAA opponents a key victory, with a seminal decision against the recording association's "making available" theory of distribution. ...
- Tags: Theory, RIAA, Richard Koman
- Blog posts 2008-08-27
- Section 230 to Twitter and others: Delete away
- Community and content management don't void a site's immunity under Section 230 of the Communications Decency Act. Participation in an unlawful act does. I was thus taken aback by the legal analysis included in Wired's/Betsy Schiffman's post about Ariel Waldman and Twitter...
- Tags: Alteration, Immunity, Twitter, Regulations, Government, Denise Howell
- Blog posts 2008-05-24
- Judge: Possible 'manifest error of law' in Thomas case
- In a huge break in the Capitol v. Thomas case â€" in which Jammie Thomas right was hit with a $220,000-plus verdict for copyright infringement â€" the judge in the case said he may have made a "manifest error of law" in his instructions to the jury. ...
- Tags: Distribution, Internet, Judge, Peer To Peer (P2P), RIAA, Richard Koman
- Blog posts 2008-05-15
- House committee passes 'gluttonous' Pro IP Act
- So, we have a credit crisis, a foreclosure crisis, a full-blown recession and no plans on how to get out of Iraq or how to create a regional solution. So what do we need? How about an intellectual property czar and stiffer penalties for unauthorized music downloading? ...
- Tags: Damage, CD, IP, Piracy, Business Operations, Corporate Law, Richard Koman
- Blog posts 2008-05-01
- The end of RIAA litigation
- The end of RIAA litigationAbout time!Finally one corporations abuse of people is being nipped in the bud! ]:)HA HA RIAA'S DEAD!!!Wasn't this yet ANOTHER No_Ax prediction that fell flat on its face, that RIAA would prevail??Man, the hits just keep on coming!"the decision" ?"the decision"?"the Howell decision"? It would...
- Tags: RIAA, RIAA litigation, snake, litigation
- Discussion threads 2008-05-01
- News to know: Microhoo; Adobe; MacBook Air; OLPC; RIAA
- Notable headlines: Microsoft: We'll raise our bid for Yahoo, but can't make up our mind yet. Techmeme Jason O'Grady: Excess thermal paste causing high temps in MacBook Air Ryan Stewart: Adobe Open Screen Project Dan Farber: IBM...
- Tags: TIBCO Software Inc., Adobe Systems Inc., Google Inc., Advertisement, RIAA, Apple MacBook, SAP AG, Microsoft Corp., One Laptop Per Child Project, 3G, Service-Oriented Architecture (SOA), Professional Development, Cellular Phones, Consumer Electronics, Personal Technology, Web Services, Enterprise Software, Software, Career, Larry Dignan
- Blog posts 2008-05-01
- The end of RIAA litigation
- I spent this morning on the phone with Ray Beckerman of the Recording Industry v The People blog, who laid out why the decision is pretty much the touch of death for the RIAA's litigation strategy. Here's the scenario: The entire litigation model is based on the...
- Tags: Damage, RIAA, Reproduction, Litigation, Business Operations, Richard Koman
- Blog posts 2008-04-30
- Expert praises, criticizes Atlantic v. Howell decision
- It's becoming clear that the Atlantic v. Howell decision is a major big deal in the RIAA lawsuit landscape, as the heavy hitters are starting to comment. William Patry just published a seven-volume treatise on copyright law, Patry on Copyright (yours for just over $1,500). He's also...
- Tags: Copyright Law, Judge, Richard Koman
- Blog posts 2008-04-30
- Judge decisively rejects RIAA legal theory
- Judge decisively rejects RIAA legal theoryNiceOK so if I buy a CD and let strangers walk in my house and listen to them I'm infringing on copyright! hahahaha!This judge probablydissented just to get his name in the paper. Because hundreds of other judges have upheld the theory, because it's pretty...
- Tags: Peer to peer (P2P), Copyright-Infringement, theory, legal theory, RIAA, music
- Discussion threads 2008-04-30
- Judge decisively rejects RIAA legal theory
- A federal district judge has delivered a pretty resounding blow to a theory the RIAA has been using to win verdicts in its copyright-infringement lawsuit campaign. In Atlantic Records v. Howell, Judge Neil Wake refused the RIAA's motion for summary judgment based on the "making available" theory. ...
- Tags: Theory, RIAA, Judge, Richard Koman
- Blog posts 2008-04-29
- Christmas is a time for mashups
- As I inevitably download "new" holiday music each year, it's painfully apparent we wouldn't *have* much new holiday music if it weren't for sampling, remixes, remakes, and mashups. The iTunes List of 44 Holiday Songs for 2007 is testament to this fact, as are the many Christmas remixes and...
- Tags: Apple iTunes, Mashup, Christmas, Digital Music, Digital Media, Personal Technology, Consumer Electronics, Denise Howell
- Blog posts 2007-12-24
- Court tosses suit against Avvo, concluding algorithmic ratings are protected speech
- Lawyer rating start-up and nascent online community Avvo scored a big win yesterday when it convinced a Washington district court to dismiss a putative class action lawsuit filed last June. Avvo aggregates available attorney information, assigns subjective and undisclosed value to various factors, and comes up with a 1-10...
- Tags: Third Party, First Amendment, Avvo, Denise Howell
- Blog posts 2007-12-19
- RIAA defendant vows to fight on
- Jammie Thomas will appeal the $222,000 verdict a jury handed down against her in the first filesharing infringement trial, she announced on MySpace page. She says her attorney "floored" her during a CNN appearance when asked what her next step would be. But surprise, surprise, my...
- Tags: Theory, RIAA, Attorney, Jury Instruction, ZDNet Government
- Blog posts 2007-10-08
- When it comes to secure e-mail, beware of George Ou's reality distortion field
- When it comes to secure e-mail, beware of George Ou's reality distortion fieldUsuallyit's Ou taking a snipe at one of the other bloggers.These are like drive-by shootingsI've noticed it, too, and sometimes I've even cringed. But then I thought more about it, and I realized that these incidents serve...
- Tags: e-mail, electronic signature, Electronic Signatures
- Discussion threads 2007-07-26
- Google vs. Viacom: Will Michael Kwun eat his DMCA words?
- Google vs. Viacom: Will Michael Kwun eat his DMCA words?Google modus operandi"... via a Google-centric media business model that commercially exploits content produced by others, but does not compensate the content producers or owners for the Google for-profit use of their content."Totally agree.Important distinctionHi Donna,An important distinction between the two...
- Tags: Michael Kwun, DMCA, Google Inc., Viacom Inc.
- Discussion threads 2007-03-30
- The Supremes Rule Against Grokster
- The Supreme Court, in a unanimous decision this morning, ruled that "One who distributes a device with the object of promoting its use to infringe copyright ... is liable for the resulting acts of infringement by third parties using the device, regardless of the device's lawful uses." The...
- Tags: Grokster Ltd.
- Blog posts 2005-06-27
- The Supremes Rule Against Grokster
- The Supreme Court, in a unanimous decision this morning, ruled that "One who distributes a device with the object of promoting its use to infringe copyright ... is liable for the resulting acts of infringement by third parties using the device, regardless of the device's lawful uses." The case...
- Tags: Grokster Ltd.
- Blog posts 2005-06-27
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