A federal appeals court is blessing the legal process by which the recording industry and other content owners unmask the identities of alleged peer-to-peer copyright infringers.. The decision by the 2nd U.S. Circuit Court of Appeals is believed to be the first appellate court to sanction a process that has ultimately hauled tens of thousands of alleged P2P infringers into court, (.pdf) many at the request of the Recording Industry Association of America. The link for this article located at Wired is no longer available. . The 5th U.S. Circuit Court of Appeals supports revealing identities of file-sharing copyright offenders, affecting numerous individuals.. Copyright Infringement, P2P Networks, Intellectual Property, Legal Process. . Anthony Pell
After The Pirate Bay defendants lost a high-profile copyright infringement trial in Sweden, they charged that the judge belonged to pro-copyright groups and was therefore biased against them. A Court of Appeals ruling today disagrees; there will be no retrial. . A Swedish court ruled today that the judge overseeing The Pirate Bay trial earlier this year was not biased by belonging to various pro-copyright organizations. The unanimous decision (Swedish) means that there will be no retrial; the defendants must hope for a successful appeal instead. The article located at arsTechnica is no longer available. . A court in Sweden has rejected a motion for a retrial concerning the judges involved in the landmark copyright case against The Pirate Bay, amid claims of potential bias.. Pirate Bay, Copyright Infringement, Legal Appeal, Judicial Bias, Sweden Court. . Anthony Pell
A Philadelphia-based patients' advocacy company agreed last week to settle its claim that a West Coast Web page archivist improperly secured copyrighted pages and thereby made them vulnerable to a third party's hacking. . . A Seattle-based non-profit resolves a dispute with a Midwest publisher over intellectual property concerns.. Web Security, Copyright Challenges, Legal Actions. . LinuxSecurity.com Team
A group of cyber-pirates stole copyrighted software, games and movies in what law enforcement authorities on Wednesday termed a "massive" theft for their own pleasure, not profit. The indictments were announced by U.S. Attorney Patrick Fitzgerald in Chicago against 19 members of the underground piracy group known as "RISCISO," led by Sean O'Toole, 26, of Perth, Australia. Another member of the group implicated in the FBI's investigation, dubbed "Operation Jolly Roger," was Linda Waldron, 57, of Barbados. Extradition will be sought for both. . As many as 60 members of the group, many of whom work in the computer field and live across the United States, tapped into their tightly controlled computer servers loaded with stolen merchandise that would fill 23,000 compact discs and was valued at $6.5 million, prosecutors said. Initially, the stolen software was sent to servers set up overseas. The link for this article located at CNN is no longer available. . An extensive 60-member cybercrime syndicate, implicated in a $6.5 million software theft, now faces legal action after a major enforcement operation. Cyber Piracy, Software Theft, RISCISO Group. . Benjamin D. Thomas
The noose appears to be tightening around one of Europe's largest software counterfeiting rings as a German court sentenced a second member of the network to prison on Monday, and handed a sentence to his father . . .. The noose appears to be tightening around one of Europe's largest software counterfeiting rings as a German court sentenced a second member of the network to prison on Monday, and handed a sentence to his father for helping run front operations. After an 18-week trial, a criminal court in Stuttgart, Germany, sentenced the convicted software pirate to three years in prison without parole for copyright infringement and selling counterfeit Microsoft Corp. software. The court also convicted the defendant's father for his participation in the counterfeiting scheme, issuing him a 16-month jail term and 100 hours of community service. The defendant, Dieter Rimmele, appears to be in his 30s while his father, Hubert Rimmele is 58 years old, according to sources close to the case. Dieter Rimmele had previously been arrested in 1999 for software manipulation and was sentenced to a year in jail. The three-year sentence he received on Monday comes on top of the 10 months he has already served in jail since being arrested late last year. The link for this article located at Scarlet Pruitt, IDG News Service is no longer available. . A French tribunal convicts a digital thief and his parent for orchestrating a large-scale forgery scheme across the continent.. Software Piracy, Copyright Enforcement, Criminal Justice, Counterfeit Software. . LinuxSecurity.com Team
LS asks: if this happened in the early part of the last century, would we now be able to listen to popular music on the radio? US Senator Orrin Hatch (R-UT), a long-time ally of the RIAA and MPAA, has formally introduced the INDUCE Act to the US Senate Judiciary Committee. Following in the footsteps of the Pirate Act, the INDUCE Act would give the green light for copyright holders to sue the creators of peer-to-peer applications. . . .. US Senator Orrin Hatch (R-UT), a long-time ally of the RIAA and MPAA, has formally introduced the INDUCE Act to the US Senate Judiciary Committee. Following in the footsteps of the Pirate Act, the INDUCE Act would give the green light for copyright holders to sue the creators of peer-to-peer applications. His rationale? The companies are profiting by turning our nation's youth into thieves and pirates: "It is illegal and immoral to induce or encourage children to commit crimes," Hatch, a Utah Republican, said in a statement. "Tragically, some corporations now seem to think that they can legally profit by inducing children to steal. Some think they can legally lure children into breaking the law with false promises of 'free music.'" If enacted, the bill would open up new inroads for litigation, allowing copyright holders to so bring legal action against any entity that a "reasonable person" would believe "intentionally aids, abets, induces or procures" violation of copyrights. This would mark a new, lower standard for infringement, as it currently applies only to "contributory or vicarious copyright infringement." This would mean that instead of demonstrating that creators of P2P software either were themselves guilty of copyright violations or directly induced someone else, plaintiffs would merely have to convince a jury that P2P companies could be inducing consumers to copyrighted content by developing the software itself. The link for this article located at arstechnica.com is no longer available. . Senator Orrin Hatch's proposed INDUCE Act seeks to empower copyright ownersto pursue legal actions against peer-to-peer software developers for copyright infringements. P2P Software, Copyright Legislation, INDUCE Act Impact. . LinuxSecurity.com Team
In what prosecutors say was the first jury conviction ever under the Digital Millennium Copyright Act, a Florida man was convicted in Los Angeles of selling hardware used to pirate DirecTV broadcasts.. . .. In what prosecutors say was the first jury conviction ever under the Digital Millennium Copyright Act, a Florida man was convicted in Los Angeles of selling hardware used to pirate DirecTV broadcasts. Thomas Michael Whitehead, 38, of Boca Raton, was found guilty of one count of conspiracy, two counts of selling unlawful decryption devices and three counts of violating the DMCA, Assistant U.S. Attorney James Sertus said. Whitehead faces up to 30 years in prison and fines of up to $2.75 million when he is sentenced Jan. 26 by U.S. District Judge Christina Snyder. The link for this article located at NBC4 is no longer available. . A Florida individual found guilty under the Digital Millennium Copyright Act for distributing devices enabling the unauthorized reception of DirecTV channels.. Copyright Infringement, DMCA Act, Hacking Conviction, DirecTV Piracy. . Anthony Pell
Update: Google has since restored the pages that were removed due to what some considered copyright infringement. Andreas Heldal-Lund, webmaster of www.xenu.net, got a DMCA notification letter from Google earlier today. In the letter, a long list of URLs were listed as infringing, and Google apparently complied with the DMCA request by removing them.. . .. Update: Google has since restored the pages that were removed due to what some considered copyright infringement. Andreas Heldal-Lund, webmaster of www.xenu.net, got a DMCA notification letter from Google earlier today. In the letter, a long list of URLs were listed as infringing, and Google apparently complied with the DMCA request by removing them. "Quote from Google.com e-mail 20.03.2002: [START] We removed certain specific URLs in response to a notification submitted by the Religious Technology Center and Bridge Publications under section 512(c)(3) of the the Digital Millenium Copyright Act (DMCA). Had we not removed these URLs, we would be subject to a claim for copyright infringement, regardless of its merits. The URLs included in that notification are attached to this email. Pursuant to sections 512(g)(2) and (3) of the DMCA, you have the ability to submit a counter notification, in which event we can reinstate the material. " ZDNet link outlining latest developments: / The link for this article located at Politech [LWN] is no longer available. . Update: Google has since restored the pages that were removed due to what some considered copyright . update, google, since, restored, pages, removed, considered, copyright. . Anthony Pell
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