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One of the most closely-watched copyright infringement lawsuits brought by the RIAA appears to be coming to a screeching halt, much to the music industry's delight. A judge ruled Monday that a defendant had willfully and intentionally destroyed evidence of his P2P activities after being notified of pending legal action by the RIAA. Furthermore, since it was done in bad faith, it "therefore warrants appropriate sanctions."

The order in Atlantic v. Howell was issued at the end of a pretrial conference held in an Arizona courtroom. Jeffery Howell, the defendant who represented himself throughout the case, was accused of copyright infringement for sharing music over the KaZaA P2P network. Howell denied the charges, saying that the music MediaSentry saw in his shared folder was for his own private use.

Howell won a major victory against the RIAA this past April, when a judge rejected the RIAA's cornerstone legal theory that simply making a file available on P2P network constituted copyright infringement. Judge Neil V. Wake denied the RIAA's motion for summary judgment, ruling that "a distribution must involve a 'sale or other transfer of ownership' or a 'rental, lease, or lending' of a copy of the work. The recording companies have not proved an actual distribution of 42 of the copyrighted sound recordings at issue, so their motion for summary judgement fails as to those recordings."

After that ruling, it appeared as though Atlantic v. Howell was headed for a bench trial this fall, but at the end of July, the record labels filed a motion seeking judgment in their favor due to what they characterized as Howell's attempts to cover his tracks. According to the RIAA's brief, Howell destroyed evidence on four separate occasions after first receiving the prelitigation settlement letter and later being served with the lawsuit. The RIAA's forensics experts found that Howell uninstalled KaZaA and deleted everything in the shared folder, reformatted his hard drive, downloaded and used a file-wiping program, and then nuked all the KaZaA logs on his PC. "Defendant's intentional spoliation of computer evidence significantly prejudices Plaintiffs because it puts the most relevant evidence of their claim permanently beyond their reach," argued the RIAA. "The deliberate destruction... by itself, compels the conclusion that such evidence supported Plaintiffs' case."

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 Posted by: Lite on August 27th, 2008 | 0 Comments made | Post a Comment

Despite the repercussions of downloading media via illegal peer-to-peer applications, over 90 percent of ISU students who lived on-campus during the 2007- 2008 school year used P2P software.

The high volume of file sharing in the residence halls has led to a recent restriction of p2p applications on all of ISU's on-campus networks.

According to Mark Walbert, associate vice president of Academic Information Technology, 42 percent of the file sharing that occurred throughout campus last year was used for movies, while the remaining 58 percent was used for games and music. "We receive 130 DMCA [Digital Millennium Copyright Act] complaints per month...if we get a DMCA compliant, it means you were infringing someone's copyright," Walbert said.

ISU has also enacted other efforts like the Digital Citizens Project and bandwidth management to monitor its on-campus network and educate students about violating copyright laws.

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 Posted by: Lite on August 27th, 2008 | 0 Comments made | Post a Comment

BitTorrent Inc., founded by Bram Cohen, the inventor of the BitTorrent protocol, is firing 12 of its 55 employees. The company, which also develops the popular BitTorrent client uTorrent, had been struggling to make money from their download store, which is one of the causes of the layoffs.

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 Posted by: Lite on August 10th, 2008 | 0 Comments made | Post a Comment

Allegations of conducting unlicensed investigations continue to dog MediaSentry, the company hired by the RIAA to seek out and download music over P2P networks as part of the group's legal campaign. Mary Roy, the Assistant General Counsel of Central Michigan University, has filed a complaint with the Michigan Department of Labor and Economic Growth (DLEG), accusing MediaSentry of conducting investigations without a Private Investigator license.

The complaint (PDF) was filed in mid-July and was just uncovered by attorney Ray Beckerman on his blog. In it, MediaSentry is accused of continuing its "unlicensed and illegal actions" in Michigan even after being informed by the DLEG in February 2008 that its activities could be in violation of state law.

Under Michigan state law, a private investigator is defined as an entity that investigates "the identity, habits, conduct, business, occupation,... activity,... transactions, acts,... or character of a person" or secures "evidence to be used before a court."

CMU points out in its complaint that the fruit of MediaSentry's labor is exhibits attached to RIAA complaints, and CMU lists eight Doe cases involving 99 suspected P2P users filed in Michigan federal courts between May 3, 2007 and May 28, 2008. In each of the lawsuits, the RIAA referred to MediaSentry as a "third-party investigator" that gathers evidence of copyright infringement.

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 Posted by: Lite on August 10th, 2008 | 0 Comments made | Post a Comment

The Senate and House have voted to reauthorize the Higher Education Act and approved controversial new provisions that will require universities to provide students with access to commercial music downloading services and implement traffic filtering technologies in order to deter peer-to-peer filesharing. The bill now goes to President Bush, who is expected to sign it into law.

These provisions have strong support from the content industry, but have been targeted with widespread criticism from the academic community and advocacy groups such as Educause. The push for mandatory filtering at universities began in 2007 when the RIAA published a list of top piracy schools and the MPAA claimed that piracy on university campuses accounts for 44 percent of the movie industry's annual losses to piracy. The group later retracted this claim when it was discovered that the numbers were grossly inflated. The RIAA followed up its top piracy school list with a litigation and propaganda campaign which included the development of a web site to handle automated settlements, but soon faced serious setbacks in court.

The MPAA also developed an Ubuntu-based software toolkit for detecting file-sharing on university networks, but was forced to discontinue distribution of the software when they were hit with a Digital Millenium Copyright Act takedown notice. The MPAA had violated copyright law by failing to adhere to the General Public License under which Ubuntu is distributed.

The RIAA and MPAA have vigorously lobbied for a legislative solution at both the state and federal levels. Pressure from the content industry compelled Congress to begin investigating the issue.

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 Posted by: Lite on August 5th, 2008 | 0 Comments made | Post a Comment