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Legal liability for YouTube viewers

Updated on 5/19/08 with comment from RealPlayer (see below)

Users of YouTube and other video-sharing sites could face $750 per clip penalties if they have watched a video that was uploaded without the copyright holder's permission.

Copyright infringement in the United States strict liability offense. What this means, is that users are liable when they illegally copy works, even if they're not aware that this is wrong, or that the work is protected by copyright.

As an example, let us consider the popular video sharing website YouTube.

Every week, 6 days after the show airs, HBO … Read more

TorrentSpy to appeal whopper legal judgment

TorrentSpy intends to appeal a court decision that requires the now-defunct search engine to pay $111 million in damages to the six largest film studios, according to the company's attorney.

Ira Rothken has defended TorrentSpy since 2006, when it was accused in a lawsuit filed by the Motion Picture Association of America (MPAA) of encouraging copyright infringement. In an interview with CNET News.com on Wednesday night, Rothken said the judge's decision was an "abuse of discretion" and suggested that the large dollar amount was an attempt to draw attention to the case.

"What is … Read more

Buzz Out Loud 691: The Babies Have Wi-Fi

In the future, we will love the cockroaches, because they bring the Wi-Fi. Sadly, autonomous deathbots will make life unliveable, and that's assuming the Large Hadron Collider hasn't turned us all into strangelets. In happier news, the music industry is floating a plan to tax everyone who uses the Internet so they can prop up the decaying corpse of their business plan! What a fun day. Listen now: Download today's podcast EPISODE 691

The music industry's new extortion scheme http://www.techcrunch.com/2008/03/27/the-music-industrys-new-extortion-scheme/ http://www.news.com/8301-10784_3-9905404-7.html

U.S. students, … Read more

After TorrentSpy closure, what's next for MPAA?

The movie industry has seen mixed results from suing individuals for file sharing but continues to clobber BitTorrent search engines.

TorrentSpy, once one of the most popular indexes of BitTorrent files, shut down on Monday following a two-year copyright battle with the Motion Picture Association of America (MPAA). TorrentSpy, accused in a lawsuit of encouraging copyright infringement, finally crumpled under the legal costs.

This can't come as good news to Gary Fung, chief executive of IsoHunt. His company was among a group of torrent-file search engines, which also included TorrentSpy, accused of copyright infringement in a 2006 lawsuit filed … Read more

Your common sense guide to stopping piracy

For the past decade, one of the most important debates raging in the tech industry is on the topic of piracy. Some people say that it should be stopped with the help of lawsuits and others suggest it can only be done by being slightly nicer by forcing people to pay for media. But whatever happened to the common sense route? Surely it has been espoused before and some even follow it. Why are some organizations so far behind?

As Amazon has proven, allowing people to do what they want actually works in an environment where they can easily get the same song elsewhere for free. In other words, why fight city hall when all you really need to do is agree?

Believe it or not, there is a way to almost entirely wipe out piracy once and for all. No, it's not by suing those responsible or forcing people into situations. Instead, it's by giving us what we want in a nice package for an affordable price. Does that sound so hard?… Read more

Making sense of the MPAA's latest retro take on tech

Dan Glickman, who runs Hollywood's most powerful trade organization, has got to start watching something hipper than It's a Wonderful Life.

The MPAA's senior honcho is an experienced and capable lawyer, but is Glickman's nostalgia for the pre-Internet era clouding his judgment about the movie industry's future? Glickman delivered a speech (PDF) on Monday to the annual ShoWest convention in Las Vegas and it was a corker. Here are a couple of excerpts:

Government regulation of the Internet would impede our ability to respond to consumers in innovative ways, and it would impair the ability … Read more

Buzz Out Loud 680: Wherein Rafe explains

EPISODE 680

AOL buys social network Bebo for $850 million http://www.news.com/8301-13577_3-9893014-36.html

MPAA boss: Net neutrality would cramp our P2P snooping plans http://arstechnica.com/news.ars/post/ 20080313-mpaa-boss-net-neutrality-would-cramp-our-p2p-snooping-plans.html http://opinion.latimes.com/bitplayer/ 2008/03/mpaa-clarifies.html

Report: Microsoft says no Blu-ray for Xbox 360 http://www.news.com/8301-10784_3-9893090-7.html

Blu-ray players: Mighty pricey http://www.news.com/8301-10784_3-9893149-7.html http://www.engadgethd.com/2008/03/12/ lack-of-competition-sends-blu-ray-player-prices-upward/

David in Vegas: Sony (and Movie Theater owners who charge me $6 for rubbery popcorn in a theater where you can’t (send in an … Read more

House approves MPAA-backed college antipiracy rules

The U.S. House of Representatives on Thursday overwhelmingly approved a higher-education funding bill that includes controversial new antipiracy obligations for universities.

The 354-58 vote to approve the College Opportunity and Affordability Act leaves intact an entertainment industry-backed provision, which makes up just a tiny part of a bill that has ballooned to more than 800 pages.

It says higher-education institutions participating in federal financial aid programs "shall" devise plans for "alternative" offerings to unlawful downloading--such as subscription-based services--or "technology-based deterrents to prevent such illegal activity."

Leading university groups, such as the Association of … Read more

MPAA-opposed college piracy amendment vanishes

As the House of Representatives presses ahead with a sweeping higher-education bill that includes new antipiracy obligations for most universities, it now appears it won't be considering an amendment designed to clarify that schools can't lose federal financial aid for failing to fulfill those requirements.

By way of background, the College Opportunity and Affordability Act, which is scheduled to be debated by the House starting as soon as Thursday, dictates that universities participating in federal financial-aid programs "shall" devise plans for "alternative" offerings to unlawful downloading--such as subscription-based services--or "technology-based deterrents to prevent … Read more