Apple, others draw legal threat over media players

Media Rights Technologies, a California company that works with technology to prevent the ripping of digital music is threatening legal action on Apple, Microsoft, RealNetworks and Adobe Systems for actively avoiding use of their technology. It argues that the companies have manufactured billions of copies of Windows Vista, Adobe Flash Player, Real Player and Apple’s iTunes and iPod “without regard for the DMCA or the rights of American intellectual property owners.”

“We’ve given these four companies 10 days to talk to us and work out a solution, or we will go into federal court and file action and seek an injunction to remove the infringing products from the marketplace,” CEO Hank Risan said in a phone interview Friday.

I don’t know the legal aspects behind this case, but I don’t see how not using someone’s product is illegal. I think if any of the companies being sued has decided to develop their own technology or use some other companies technology then that’s alright. I think this is just another frivolous lawsuit and won’t get very far against the giant companies being sued.

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Digg in tough spot with DMCA debacle

Digg, the social networking news site, found itself in a bunch of trouble last tuesday as it was served a cease and desist letter over a news story posted containing the software encryption key for the HD-DVD format. Digg initially pulled the story because of the cease and desist letter, however the users of digg revolted posting stories of how Digg removed the story and posting thousands of comments calling it unnecessary censorship. Because of the user revolt, Kevin Rose, Digg’s Founder, re-posted the story as well as posted the following in his blog:

“But now, after seeing hundreds of stories and reading thousands of comments, you’ve made it clear. You’d rather see Digg go down fighting than bow down to a bigger company. We hear you, and effective immediately we won’t delete stories or comments containing the code and will deal with whatever the consequences might be. If we lose, then what the hell, at least we died trying.”

I think the fact that the Digg community made a voice loud enough to influence the sites owner is cool, but also shows the power behind user-based communities like Digg. They could face legal troubles, but I think Digg is in the clear.

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Lawmakers propose reversal of Net radio fee increases

Last thursday lawmakers decided to introduce a bill that would reverse the introduction of Net radio fee increases.  The previous bill raised the fee to broadcast on net radio stations to a minimum of $500.

“The “Internet Radio Equality Act,” introduced by Reps. Jay Inslee (D-Wash.) and Don Manzullo (R-Ill.), would invalidate a March 2 decision by the U.S. Copyright Royalty Board that calls for raising royalty rates paid by Net radio operators.

“You can’t put an economic chokehold on this emerging force of democracy,” Inslee said in a statement e-mailed by a spokeswoman. “There has to be a business model that allows creative Webcasters to thrive and the existing rule removes all the oxygen from this space.”"

I never really got into net radio and I really don’t know anyone who is into it.  I don’t think this bill matters or the fee increase matters that much.  However I don’t think there is a need for the increase because if we want to develop internet radio, we need to let them grow without taking all of their money.

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Democrat proposes lifting federal ban on Net gambling

It’s been about six months since the federal government put a ban on internet gambling and Democrats are already proposing lifting it.

“Rep. Barney Frank, a Democrat from Massachusetts and chairman of the House Financial Services Committee, on Thursday introduced a bill that would replace the current broad prohibition with strict regulations, including criminal background checks and financial disclosure, imposed on companies that seek to offer legal Internet gambling.

“The existing legislation is an inappropriate interference on the personal freedom of Americans and this interference should be undone,” Frank said. His bill is called the Internet Gambling Regulation and Enforcement Act (PDF).”

I have never personally gambled online, however my roommate did gamble online playing poker for over a year straight. Over that period of time, he made well in to $20,000 and would have made more had regulations banning gambling never been put in. I don’t see a need to prevent the gambling as long as it’s done right and legally. I think this bill is on the right track.

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Privacy concerns about Google-DoubleClick deal

Google’s proposed $3.1 billion dollar acquisition of DoubleClick is starting to raise some eyebrows of privacy advocate groups. The specific concerns are that Google already has massive amounts of data on everyone’s searching habits and with the purchase of DoubleClick, they will possess even more information on our surfing habits.

“It leaves too much personal information about all of us in one company’s hands–Google’s,” said Jeff Chester, founder and executive director of the Center for Digital Democracy, a privacy watchdog. The CDD has called on the Federal Trade Commission and European Union to stop the merger for privacy and anticompetitive concerns.”

I think it does raise quite a few concerns over how much data one company should possess about us. By combining all of this data they will know where we surf, what we search for, what time we’re online and more. It’s a bit scary they can correlate all that data and create a profile for each of us. The real issue is what will they do with the data once they compile it all?

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Principal sues ex-students over MySpace profiles

A Pennsylvania principal has sued four former students claiming that they falsely portrayed him as a pot smoking, beer drinking, pornography lover through the use of a mock MySpace account. This is just another case of a MySpace account being created by someone else.

“One profile, which the complaint claims was created by a student named Thomas Cooper, listed an unnamed pornographic flick as Trosch’s favorite movie, according to the complaint. Another profile, allegedly posted by students Christopher and Brendan Gebhart, claimed he “liked to have sex with students and brutalize women.” A third profile said he “kept a keg of beer behind his desk at school, was on steroids, and smoked marijuana,” the court filing said.”

One of the 17 year old students being sued, counter-sued both the principal and the school district after he was suspended and place in an alternative education program. He claims this didn’t allow him to progress with his normal schoolwork.

Personally I feel the decision to sue the student and suspend him indefinitely while placing him in an alternative ed program is a bit excessive. This matter could have been smoothed over easier by a simple apology letter and week suspension for the students involved. Without verification of identity it is hard for MySpace to prevent such accounts from being made.

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MySpace Blocks Photobucket

The social networking giant MySpace recently blocked any content hosted on Photobucket from being placed in MySpace profiles. Photobucket, if you are not familiar, is the largest photo sharing site on the web and gets over 17 million users per month.

“The move is something akin to Microsoft blocking third-party applications from Windows. Scores of companies offer software tools, commonly referred to as “widgets,” that allow users to post photos, music, video and other content to Web sites, and many have built their businesses specifically around MySpace’s 90 million users.”

MySpace says that Photobucket violated MySpace’s terms by encouraging users to post advertisements. MySpace forbids third-party vendors from advertising on its site.

This is an interesting case and although Photobucket says that MySpace only accounts for 25 percent of it’s user base, I think this will hurt traffic for them and have people move to other photo hosting services.

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BitTorrent Introduces Ad-Supported Downloads

BitTorrent, Inc creator of the ever popular torrent file format have announced that they will be releasing and testing a system where files downloaded on bittorrent’s website will have ads embedded with the files themselves therefore supporting the cost of the file licensing.  This is a new altenative to paid downloads and might be a viable alternative.

 

My thoughts however is that the torrent file format is generally used for pirating materials and that isn’t going to stop.  Sure a few people might use legal torrents with ads embedded, but it’s not going to replace pirating at all and for the most part will go unnoticed.

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MPAA Names Top Movie Piracy Schools

The MPAA recently released a list of the top schools which pirate movies online. UMass got on the list at position 9 out of the top 25 which says something about the level of piracy at the school.

“A number of schools have the dubious distinction of being on both the MPAA and the RIAA list. The overachievers are: Ohio University (#1 RIAA/#18 MPAA), Purdue University (#2, #5), University of Nebraska at Lincoln (#3/#13), UMASS (#6/#9), Michigan State (#7/#20), North Carolina State (#9/#14), University of South Florida (#11/#23), Boston University (#15/#3), and the University of Michigan (#18/#10). In all, 10 schools appear on both lists, and Purdue University wins the Gold Medal for highest overall ranking between the two combined.”

The list is ordered by the number of students caught with pirated materials. UMass had 765 students caught with such materials.

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Music publishers accuse XM of copyright infringement

Last thursday, an association of music publishers filed a lawsuit agaisnt XM Satellite Radio for refusing to stop “widespread infringement” of popular copyrighted songs.

“In a complaint filed in New York federal court, the National Music Publishers Association (NMPA) argues that the satellite radio operator’s “XM + MP3″ music service skirts copyright laws by allowing radio listeners to make permanent copies of on-air tracks through devices like the Pioneer Inno player without permission and without properly compensating songwriters.

The service “constitutes pervasive and willful copyright infringement to the overwhelming detriment of copyright holders, legitimate online music services and, ultimately, consumers,” lead attorney Debra Wong Yang said in a statement.”

XM argues that listeners are legally allowed to record music off the radio for personal use under the Home Recording Act of 1992. I think that this is fine, as there are plenty of people who use to record music off the radio onto cassettes and people who would record TV on video tapes. As long as they don’t distribute the songs, I don’t see why they couldn’t record the XM radio feed.

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