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Audio/Video, Celebrities

French President Sarkozy Accused of DVD Piracy

Known for his anti-piracy views, French President Nicolas Sarkozy has once again been accused of being the pot that called the kettle black. According to Huffington Post, a French newspaper is reporting that Sarkozy illegally made 400 copies of a DVD and gave them to diplomats at a conference. The film in question is a 52-minute documentary on Sarkozy, himself, called 'A visage decouvert: Nicolas Sarkozy.' The distributor only gave the president 50 copies, which, apparently, just wasn't enough. Sarkozy burned a few hundred more, but didn't stop there, either. The President, or whoever actually made the copies, worked up a new DVD jacket and replaced manufacturer Galaxie Presse's logo with that of Sarkozy's own presidential 'AV Service.'

If you're keeping count at home, this is Sarkozy's second brush with copyright infringement. This means, according to his own policy, Sarkozy is just "one strike" away from being out. What, we wonder, does Sarkozy's musician wife think about his lack of respect for copyright law? We'd imagine somebody's going to be in, how do you say? Le doghouse. [From: Huffington Post]

Web

MLB Forbids Fans From Sharing Video of Little Girl Tossing Back Foul Ball

Tuesday night's Philadelphia Phillies game featured fan Steve Monforto making an amazing catch of a foul ball. Even better, his adorable little daughter was along for the game, and it was all caught on video. Being a good dad and all, Monforto handed his daughter what was probably her first foul ball, and she promptly tossed it over the upper-deck railing (typical Philadelphia sports fan). Nonetheless, Monforto hugged her, comforted his well-meaning child, and the crowd cheered.

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Audio/Video, Web

Music Publishers on the Offensive Against Lyric Sites

The music industry, as it continues to hemorrhage money, has been on a rampage against pirates and file-sharing sites. Just within the last two months, one woman was ordered to pay roughly $2 million for illegally downloading 24 songs, and a Boston University student was fined $675,000 for "stealing" 30 songs.

Industry professionals have apparently now shifted their focus from the music thieves and file-sharers to sites that don't offer actual music, but rather the lyrics to the music. Billboard is reporting that Peer Music, Warner/Chappell, and Bug Music have all filed copyright infringement suits against LiveUniverse and Motive Force, companies which host Web sites that provide transcriptions of song lyrics.

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Audio/Video

Seminal Rock Band (Spinal Tap) Silenced by Evil Corporation (LEGO)


File it under 'News of the Obvious,' but, once again, the Man is putting down Rock'n'Roll. Seminal butt-rock band Spinal Tap (See? The Man won't even let us put an umlaut over the "n.") has been banished to a creative hell hole by the corporate overlords at LEGO Systems. According to the New York Times, a fan-created video portraying the Tap as LEGO figurines has been struck from a DVD of the band's 'Unwigged and Unplugged' tour -- at the Danish toy company's urging.

The video (embedded above) is the rock and roll creation of one Coleman Hickey -- a teenage Tap-head from Ohio who toiled over this heavy-duty piece of stop-action cinema for no reason other than glorifying his favorite herd of heavy metal heathens. Explaining LEGO's prohibition of the video's use in the DVD, company spokeswoman Julie Stern told the Times, "We love that our fans are so passionate and so creative with our products, but it had some inappropriate language, and the tone wasn't appropriate for our target audience of kids 6 to 12." Well, the video's still on YouTube, isn't it, Julie? How do you explain that? "YouTube is a less commercial use," she says." Right. So, as always, the Man's party line is: "Gimme Some Money." [From: New York Times]

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Cell Phones

Got a Custom Ringtone? ASCAP Wants You to Pay Up

We hate it when someone's cell phone blasts a popular song while we're eating in a restaurant or shopping at the grocery store. In our opinion, it's rude, tasteless, and annoying; just silence the phone, please. But a new claim by the American Society of Composers, Authors and Publishers (ASCAP) might make folks think twice about turning down that T.I. ringtone while in public.

According to the Electronic Frontier Foundation (EFF), ASCAP said in a legal brief that every time a music ringtone sounds in public, the phone's user is in violation of copyright law for 'performing publicly' without a license. Even though you've paid money for the ringtone, more is owed, ASCAP claims, in the form of a 'public performance' royalty. AT&T and Verizon contend that all parties involved with a given song's creation (songwriters, publishers, musicians) receive money for each download, making everybody square. ASCAP, though, says that's not the case.

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RIAA Once Again Suing File-Sharers


Despite the Recording Industry Association of America's (RIAA) promise to Congress in August 2008 that it would not start any new file-sharing lawsuits, the music industry lobby filed at least three new cases in April.

It's not really a good idea to lie to Congress, so the RIAA is claiming that these new cases are actually settlements of existing cases. Basically, the RIAA has a number of extant John Doe lawsuits that are awaiting identification information subpoenaed from Internet Service Providers. When the info comes in, the RIAA then files a new named lawsuit against the offender. What's so baffling is why the RIAA is choosing to pursue these cases, especially after its public announcement that it is ditching individual suits and moving towards a "three strikes and you're off the Internet" policy.

To us, this is a bonehead move, since the RIAA needs Congress on its side to force Internet providers to cut off paying customers... the RIAA should be making nice with America, not enraging us with more frivolous and hypocritical lawsuits. [From: Ars Technica]

Celebrities

Paul McCartney Says Jailed Pirate Bay Founders "Got to Pay"



Last week, the four founders of torrent site Pirate Bay got what they deserved, at least according to Sir Paul McCartney. Of the downloading pioneers' being found guilty of copyright violation in a Swedish court, the songwriter and former Beatle told the BBC's Newsbeat, "If you get on a bus you've got to pay. And I think it's fair, you should pay your ticket."

The Pirate Bay, a Web site on which users are able to exchange music, movies, or software as torrent files, has been only one of the many thorns in the side of the music industry in recent years. The site offers millions of files to users, free of charge, which is the legal issue that has long been questioned (music companies want royalties/money for these sorts of transactions). Those questions of legality have now been answered, apparently; the founders have been slapped with a ruling that demands $4.5 million be paid to corporations like Warner Bros. and Sony Music Entertainment. The four men -- Frederik Neij, Gottfrid Svartholm Warg, Carl Lundstrom and Peter Sunde -- will appeal the decision, according to Newsbeat.

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Computers

Amazon Suspends Kindle Account After Too Many Product Returns


The Kindle should be a pretty straight forward proposition, but this just goes to show you how sometimes folks can stir up controversy even with something as innocuous as an e-book reader. First there was the hassle with the Writers Guild over text-to-speech, and then Amazon threatened MobileRead with legal action for merely linking to software they didn't take kindly too. And now we're hearing alarming tales of Kindle owners who have had their accounts turned off when inadvertently running afoul of company policy. Case in point, a user on the MobileRead forums reports being locked out of his account for what was termed an "extraordinary" rate of returns (that is, he returned electronics that arrived damaged or defective). Because of this, our man was unable to purchase new books for his device, or even check out magazine / newspaper / blog subscriptions he had already paid for. Luckily, this gentleman was able to plead his case and get his account reactivated -- but other users haven't been quite so fortunate. We'll be keeping an eye on you, Amazon -- so let's try and play nice for now on.

[Via Channel Web]

Audio/Video

Kindle 2 Reads Books Aloud, Perturbs Authors Guild



The newest generation of the Kindle, Amazon's digital reading device, can now read text aloud, and authors are not happy about it, USA Today reports.

While the original Kindle was able to display the texts of whatever book a user downloaded, the Kindle 2 is additionally capable of reading those downloaded books to the user, albeit it in a robotic monotone. This capability, and the potential to use more listenable reading voices, worries the Authors Guild. In a message sent to Guild members yesterday, a spokesperson identified the Kindle 2 as being a significant threat to the sale of audio books. The Guild requested members think about asking Amazon.com to remove the reading feature from the device.

While Amazon spokesman Drew Herdener has stated that the company is well within their rights to use the "Read to Me" feature, debate is swirling. Discussing the legal ramifications of the feature (with himself), Engadget's Nilay Patel identified the crux of the debate as the question of whether or not a book and an audio recording of that book are two distinct products. "What the Authors Guild seems to be saying," Patel explains, "is that while Amazon has the rights to sell the book, it doesn't have the rights to sell you the recording."

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Computers, Google

YouTube Muting Videos Containing Copyrighted Music

Over the past few years we've covered the various copyright trials and tribulations of Google-owned video superpower YouTube as it struggles to survive in a word full of legislation. We're sad to say the company has seemingly caved to pressure from the recording industry, enacting a rather harsh fix to the problem of users adding copyrighted tunes to the background of their videos: tThe site is simply pressing the mute button.

Videos featuring copyrighted tunes playing in the background have had their sound removed (like the one embedded above), and a disclaimer added stating:
This video contains an audio track that has not been authorized by all copyright holders. The audio has been disabled.
It's unknown just how many of the site's millions of videos are affected. Interestingly, one of the most famous videos using a copyrighted tune, the 'Dancing Baby' submission that spurred a lawsuit back in the 'Ally McBeal'-era of the late '90s, hasn't had its soundtrack yanked -- at least not yet. So, if you're a contributor to the site, and not just a video viewer, you'd better go take a look to see whether your submissions are now on the wrong end of the volume dial. [From: Mashable]

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Audio/Video, Computers

TV Networks Criticized for Blocking Election Videos on YouTube

Networks Attacked Over Blocking YouTube Election Videos
Despite having signed off on User Generated Content (UGC) principles, which endorse fair use of copyrighted content in protected free speech, several networks have sent takedown requests to YouTube over politically-themed videos that use short clips from copyrighted broadcasts.

The Electronic Frontier Foundation (EFF) earlier this week sent letters not only to YouTube, but also the networks involved: Fox, NBC, CBN, and CBS. The open letter to the networks requests that they stop sending takedown requests based on short news clips used in election-themed videos. The McCain-Palin campaign has recently been targeted by CBS, CBN, and Fox, and the Obama-Biden ticket had at least one video removed based on a request from NBC.

Fred von Lohmann (senior intellectual property attorney at the EFF) said,"The videos at issue include clips of news footage that last only a few seconds, used as part of constitutionally-protected political speech. This is not piracy, but fair use, no different from what Saturday Night Live and The Daily Show do every night."

In a separate letter to YouTube, the EFF asked the video hosting site to protect users from unfounded takedown requests. The nonpartisan public interest group asked YouTube to immediately respond to counter-notices filed by posters against takedown requests and restore videos that are clear cases of fair use.

Other groups have joined the EFF in protesting the networks heavy handed enforcement of copyright laws, including the ACLU, Citizen Media Law Project, the Center for Social Media, School of Communication, as well as American University's Program for Information Justice & Intellectual Property and their Law School. You can read the entire letters to the networks and YouTube online. [From: EFF Press Room]

Computers

Unofficial ' Harry Potter' Encyclopedia Banned, Thanks to JK Rowling

JK Rowling Wins Lawsuit, Unofficial Potter Encyclopedia BannedCopyrights are frequently mysterious and sometimes crippling things. Creative minds obviously need to protect their rights to their creations, but as the RIAA and MPAA have shown again and again, it's quite possible to push the boundaries of copyright into the ridiculous. Sometimes, though, the boundaries are a little less clear-cut, as was the case regarding an unofficial encyclopedia about the Harry Potter universe that series author JK Rowling has prevented from publication, being ruled "not a fair use of the Harry Potter works" in a New York court.

The encyclopedia was written by Potter fan Steven Vander Ark, a school librarian who ran the 'Harry Potter Lexicon' fan site. Rowling originally supported the site, but when Vander Ark announced plans to sell a book based on the site's contents for profit, Rowling recoiled. As of the legal ruling, the site seems to have been taken offline as well, leaving Potter fans unfortunately out in the cold.

For her part, Rowling indicated that the lawsuit was not about money, but rather to protect her interests from the sale of a book she called "wholesale theft." She had earlier plans to write a similar encyclopedia and give the proceeds to charity, but as of now it sounds doubtful that even an official tome will see publication. [From: BBC News]

Audio/Video, Computers

Comic Book Does the RIAA's Bidding

Comic Does the RIAA's Bidding
Public Service Announcements in the medium of comics regarding the dangers of... well whatever the popular perils of the time are, have been hoisting well-intentioned gibberish on kids for generations. PSA comics have touched on everything from drugs, to smoking, to famine, and land mines.

The latest in a long heritage of comics urging you to do right comes without any super heroes or association with an established comic outlet like Marvel or DC. 'Justice Case Files' (really...) is an in-house effort from the National Center for State Courts, which we can only assume is a front for the RIAA, the most dastardly group of super villains to ever grace the pages of a comic book.

This disgrace to the label of propaganda bulges with misinformation so dense you'd have to bushwhack your way through its pages to find even a kernel of truth.

Issue one centers around Megan, a student with a file sharing addiction that puts her freedom and scholarship (seriously? jail time isn't motivation enough?) at risk. Megan is charged with Criminal Copyright Infringement by her fictional city government and faces charges at the state level that could net her a total of $25,000 in fines and 2 years in prison. Of course, in real life Criminal Copyright Infringement involves the selling of copyrighted materials, not peer-to-peer file sharing, and CCI is prosecuted by the federal government not local courts, but who's paying attention? Apparently, not the legal non-profit handing out this mumbo-jumbo.

You can download the entire comic in PDF form here, or for those with a taste for the ironic, you can search Limewire and BitTorrent. [From: Wired via: Boing Boing]

Computers

Read Magazines Online for Free, For Now...

An offshore Web site is encouraging people to upload and share paid magazine content, something the magazine industry is none too happy about.

Mygazines.com wants its users to "upload, share and archive" magazines, and has full copies of titles such as 'The Economist' and 'Men's Health' available. There are no ads on the Web site and readers can register for free. While the site claims its digital copies are no different from the copies of magazines people pick up and read while waiting in a doctor's office, magazine publishers certainly feel different.

Several publishers are looking into ways of shutting the site down, but since it is registered in Anguilla, a British territory in the Caribbean, U.S. law doesn't reach far enough. Even its registration information seems a little shady: The domain name is owned by one "John Smith," who seems to be tough to find.

Lawyers say the site goes beyond fair use rules by encouraging people to upload and share protected content, and you may remember file-sharing site Grokster getting in trouble for this kind of activity. While protected content sometimes ends up on YouTube, for example, that site does its best to remove the video when asked by the copyright owner.

Interestingly there's a contest for users who sign up lots of friends, with a $1000 award being given out every month for the next six months, and then a $5000 grand prize being awarded in February of 2009. What we can't figure out is where Mygazines gets the money. With no registration fee and no advertising, we guess John Smith is just feeling generous. [From: USA Today]

Computers, Summer Fun

China Will Block Internet During Olympics, But Will Go Easy On Pirates

China Will Block Internet During Olympics, Not PiratesDespite having the highest number of online users in the world, China is still one of the most strict censors of the Internet. In the build-up to the Olympic Games in Beijing this summer, the nation has been talking about the easy availability of Internet access for the media covering the games, but now it's backing away from pledges of "complete freedom," indicating that some sites will continue to be censored.

So, the media may find themselves blocked from some sites while in the country, but, in an ironic twist, the Chinese government is also saying that it's unable to block those selling Olympic-themed memorabilia. Officials have complained about seeing vendors openly selling knockoff shirts and mascots (along with pirated copies of Hollywood movies and the like) on street corners in Beijing. The government has fined a number of them recently, but is indicating it is powerless to stop it completely.

So, between the censorship and bionic swimming suits, it's certainly shaping up to be an interesting Olympics, and we haven't even started talking about the competitors yet! [Source: Reuters]

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