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Music Pirates Spend More on Tunes Than Non-Pirates, Finds Poll

In their never-ending game of finger pointing, music executives have blamed everyone and everything under the sun for the industry's woes. But after learning about a new study from the U.K., the suits might have one less scapegoat, and a little more cause for concern.

According to the Independent, a new poll commissioned by Demos, a U.K. think tank, found that people who admit to illegally downloading music on the Internet (10-percent of respondents) actually spend more money on music than their non-pirating counterparts. On average, one of these pirates spends about $126 a year on music, while the average respondent who said they don't pirate only spends around $54.

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Downloads

Woman Fined $1.9 Million for Downloading 24 Songs

Jammie Thomas-Rasset didn't know how good she had it.

Back in 2007, the Minnesota mother made national headlines as the first person sued by the RIAA for copyright infringement to actually take the case to trial (instead of settling out of court), after she was charged with downloading copyrighted songs through the P2P network, Kazaa. At the trial's conclusion, Thomas-Rasset was found guilty of illegally downloading 24 songs and was fined $10,000 for each one, amounting to a total of $240,000 in damages. But the case was deemed a mistrial by the judge and Thomas-Rasset waited two years for a retrial. Yesterday, the single mother of four was found guilty again, but this time ordered to pay a mind-boggling $80,000 per song -- $1.9 million in all.

Throughout the trials, Thomas-Rassett has always pledged her innocence, but juries have been incredulous. In fact, as part of her testimony in this trial, Thomas-Rassett suggested -- for the first time -- that her children or ex-husband might have been the downloading culprits. If the jurors didn't buy into the defendant's attempt at implicating her children, we couldn't imagine it helped to bolster her image in their eyes.

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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]

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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Desktops, Audio/Video, iPod

Legal Music Downloads Growing Faster Than Illegal Ones

Legal Music Downloads Growing Faster than IllegalIf you purchased and downloaded your first digital album this year, then congratulations, you're not alone! Demand for legal music downloads increased an impressive 29-percent last quarter over the same quarter in 2007. Interestingly, while illegal downloads of music also increased over the same period, they rose only 23 percent.

This means that more and more people are turning to legal alternatives like Amazon's MP3 service, or the ubiquitous iTunes. The news isn't all good, though. While online demand is increasing, overall music sales dropped 2-percent -- more bad news for a music industry that's already hurting. [From: Silicon Alley Insider]

Audio/Video, Computers, Windows Software, Mac Software

Icy Radio Records Radio Streams to MP3

Icy Radio Freezes Radio Streams to MP3

We're big fans of Internet radio here at Switched, keeping our speakers pumping while we keep blogging all the day long. So, it's with a bit of trepidation that we bring you news from Download Squad on a new bit of software that, on one hand makes it easy to stream hundreds of those choice radio streams, but on the other might just help to bring down the industry by letting you quickly and easily record tunes.

We've reported before on how the RIAA has managed to push much higher fees through, going into effect in 2010 and potentially shutting down streaming of non-royalty-free music altogether. This increase in fees was partly due to a belief that people are recording and sharing tunes from Internet streams, and while Icy Radio isn't the first to make it possible, it does make it awfully easy. Download Squad gives the free, PC-only app high marks, but if you value the continued lifespan of Internet Radio as we do, please use responsibly. [From: Download Squad]

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]

Audio/Video, Computers

'Dancing Baby' Lawsuit Turns Tables on Music Industry

It's a sad state of affairs for the music industry these days. It's making far more news for its idiotic statements and unnecessarily huge lawsuits than for discovering and nurturing fresh new talent. This time, though, it's the industry that's on the receiving end of a lawsuit, being taken to court by a mother whose video was removed from YouTube by Universal Music Corp because of the song playing in the background.

Stephanie Lenz of Gallitzin, Pa. posted a 30-second clip of her baby dancing to 'Let's Go Crazy' by Prince, which can be heard playing in the background of the video -- turn your speakers up and listen closely if you want to identify the track yourself. Universal claimed the video violates copyright and YouTube removed the vid, but Lenz (and the Electronic Frontier Foundation (EFF)) are fighting back, claiming the background music is fair use. The lawsuit is now pending and, as you can see above, the video is back on YouTube, for the moment. We'll be following this one closely. [From: NewsVine]

Audio/Video, Computers

Yahoo! Offers Refunds to Music Store Customers

Yahoo MusicIf you woke up this morning worried about what Yahoo! is planning to do for its Music Store customers who are about to be left in the lurch with its DRM server shut-down, have no fear. Yahoo! has announced that it will offer customers coupons or refunds for those songs you bought. Basically, you'll get a coupon that you can use at RealNetworks Inc.'s Rhapsody download service. Their songs, of course, are DRM-free. For those of you who have "serious problems with this arrangement" (their words, not ours), refunds will be available. The servers go down on September 30, so start combing your collections, kids.

Audio/Video, iPod

Music Industry Claims Throwing Away Free CDs is Illegal

Music Industry Claims Throwing Away Free CDs is IllegalUniversal Music Group has filed a rather ... interesting legal brief in a case against a man accused of re-selling promotional CDs he legally purchased used at a record shop. UMG has claimed that not only was the man breaking the law by selling the albums, even the act of throwing them in the trash would have been committing music piracy.

The industry seems to be hoping to change the way you buy your music, so that if you purchase a CD you're not buying anything but a bit of plastic. The music on there isn't actually yours and, should you get tired of it, you don't have the right to resell it. This is traditionally known as the first-sale doctrine and is the reason why selling used books, CDs, and movies is legal. So is giving away those items -- for now.

Right now UMG's legal filing covers only promotional CDs, those given out for free to DJs and such, and it remains to be seen whether they'll even have any success making this argument. So, it's not the end of the used music store just yet. However, don't forget that when "buying" music files from stores like iTunes you're actually just licensing it, having sworn away your right to resell anything you download. So before you get too angry at UMG remember that you're embracing this sort of licensing elsewhere!

From TechDirt

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Computers

Japanese Internet Providers to Ban File Sharers

Japanese Internet Providers to Ban File SharersDebates are raging around the world regarding exactly what role Internet Service Providers, or ISPs, should have when it comes to the illegal swapping of music or movie files. In the U.S., Comcast has already taken steps to block those who would share files, while Verizon has made it clear that it has no intentions to monitor those it provides service to. In Japan, though, the debates are over, as the country's four ISPs have decided to start using software to find, monitor, and potentially disconnect file sharers.

According to the Yomiuri Shinbun newspaper, ISPs have indicated that anyone caught sharing files will be given a warning, upon first offense. Future detections will result in file sharers being temporarily disconnected from their Web access. Those who share files illegally after repeated warnings will lose their Internet connection permanently.

What's unclear is just just many offenses it will take to lose one's license to surf, and whether the ISPs will be punishing only illegal file sharing over peer-to-peer networks or all file sharing.

Japanese surfers will find out next month when the new plan goes into action.

From TechCrunch

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Audio/Video

Leaked RIAA Training Video Links Piracy to Drugs and Terrorism


Well it's official: the RIAA has lost its collective mind. Some intrepid muckrakers have gotten their hands on a training video from the record industry group and the contents are both hilarious and terrifying.

According to the video, music piracy affects quality of life in communities and is a 'gateway crime.' Music piracy can lead investigators to drug cartels, illegal guns, and of course, terrorist organizations (what doesn't these days). And apparently music pirates have backgrounds of more serious offenses, such as robbery and murder. The RIAA and its ilk are often guilty of overstating their case, but this training video goes much further than any previous insinuations about music piracy's connections to larger crimes.

So now you know that the RIAA thinks you're a drug dealing, homicidal, terrorist. Just stay put and wait for the SWAT team.

From Gizmodo

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Computers

Record Industry Wants Anti-Virus Software to Scan for Pirated Files

RIAA Wants Anti-Virus Software to Find Illegal Files, TooThe Recording Industry Association of America really, really wants to stop people from downloading illegal music. Over the years it has supported crippling copy protection that would leave your music files unplayable should you get a new computer, has stated that ripping your own CDs to your own MP3 player is illegal, and showed its commitment by hitting a single mother for a $220,000 fine for sharing two-dozen songs online. Now the RIAA wants unfettered access to the contents of your computer as part of a virus scan.

The software, which would either be part of anti-viral scanners or even something your ISP might require you to install, would run through your files on a regular basis and ensure that they are, indeed, your files. Presumably if it found something that wasn't yours it would alert the authorities and you'd be due for a summons.

This raises the question of just how the RIAA would be sure that the files it scans are indeed yours. Especially given those statements that ripping CDs is illegal, would it be flagging every iTunes or Windows Media Player track that didn't have DRM on it? It's a frightening concept even for those who do not illegally download music and one that we at least hope never sees the light of day.

From Fark and Gizmodo

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Audio/Video, Computers

RIAA Web Site Hacked

RIAA Website HackedThe Recording Industry Association of America (RIAA) hasn't made itself very popular over the past few years. Whether it's suing single mothers for a quarter-million dollars for sharing some songs online or telling you that ripping the CDs you purchased is illegal, the RIAA has made a lot of enemies over the past digital-music decade. Many people would like to see it go down. And down is just where the RIAA's site went over the weekend, an apparent victim of a security breach.

The site fell to a so-called SQL injection attack, where attackers put malicious text into search fields to gain access to databases. It's about the simplest form of Web site attack, requiring no special tools and not a lot of knowledge, a situation that doesn't say much for the state of the RIAA's site in the first place. Thankfully, SQL injection attacks impact only websites and not the people who visit them, so you at least don't have to worry.

In this case the attackers wiped out all of the site's text over the weekend, which has since been restored ... hopefully with a few more security checks thrown in there for good measure.

From BetaNews

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Audio/Video, Computers, iPod

RIAA Claims Ripping CDs for Personal Use is Illegal

RIAA Claims Ripping CDs for Personal Use IllegalJust as it seemed as though the record industry was starting to figure this whole thing out, here it goes and does something that makes us at the Switched offices shake our heads. The RIAA has filed a brief in an Arizona U.S. District Court against Jeffrey and Pamela Howell, an average Joe and Jane couple who have ripped their CD collection to MP3s for easy sharing throughout their home and -- presumably -- iPods. The brief claims that ripping CDs to MP3s is a violation of copyright laws and the fair use doctrine.

The audacity of the RIAA's claim wouldn't be too surprising, given its penchant for overzealous attacks of digital media, if it weren't in direct contradiction of arguments made by RIAA lawyers in a case filed in 2005. In the case, MGM Vs. Grokster, representation from the RIAA explicitly said that making digital copies of music for personal use was protected.

Atlantic Vs. Howell is scheduled to have its first hearing on January 24. Here's hoping that this case gets tossed out, because if the courts find in favor of Atlantic, it will place all of us with digital audio devices on the RIAA's hit list.

[Addendum: Looks like the RIAA has also included language about the fact that the Howells put their files on file sharing networks, which could give the RIAA a leg to stand on here. That said, this case remains interesting due to the language the RIAA is including regarding one's rights to rip his own CDs.]

From Boing Boing



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