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Topic: P2P Law

O'Reilly Network articles about this topic:

The Street Finds its Own Use for the Law of Unintended Consequences (General DevCenter)
The problem with innovation is that you can't predict it. When Hollywood fought against the VCR in the early 1980s, no one could have predicted they would be fighting against personal video recorders (PVRs) 20 years later, to protect their revenues from pre-recorded movies. Cory Doctorow writes that Hollywood's legal attacks today are just as shortsighted, protecting the past at the expense of the future.

Scrambling the Equations: Potential Trends in Networking (Web Services DevCenter)
New, networked file systems, scripting languages for devices, extensions to the seven-layer ISO networking model, and a new class of criminal offenses are all possible trends of the next few years.

The End of Innovation? (openp2p.com)
The idea of the Internet is that innovation happens at the end points, an idea seen most clearly in P2P. It's an idea that is quickly being eroded by technology, the DMCA, and recent court decisions, says Lawrence Lessig.

Use P2P, Go to Jail. Any Questions? (openp2p.com)
David McOwen installed the Distributed.Net client at the college where he worked. Now he's being prosecuted for "computer trespass" and could face up to 15 years in prison.

Lovett, Vivendi, Real, MP3.com Testify on Compulsory Licensing (openp2p.com)
Lyle Lovett, MP3.com's Robin Richards, Real's Rob Glaser, and a Vivendi executive testified before Congress May 17 on the issue of compulsory licensing of publishing rights.

Who Will Make the Rules? Music Industry Faces Off at DC Conference (openp2p.com)
Report on a Washington conference on the digital distribution of entertainment. RIAA, MPAA, and consumer advocates face off on copyright, intellectual property, the DMCA, digital rights, and more.

Opinion: Australian Censorship Bill Could Impact P2P (openp2p.com)
A bill in the South Australian Parliament would make it a crime to post material "objectionable to children." Bad enough for Web sites, but with P2P networks, every user runs the risk of being fined.

Lessig: Fight For Your Right to Innovate (openp2p.com)
Rather than weakening copyright law, the Napster case has actually strengthened the intellectual property rights of Hollywood, said Stanford law professor Lawrence Lessig in a keynote at the O'Reilly Peer-to-Peer conference. A political fight will determine whether developers will be free to innovate or subject to the entertainment industry's permission.

Code + Law: An Interview with Lawrence Lessig (openp2p.com)
Even as court rulings threaten to destroy Napster and MP3.com, Hollywood and publishers are developing software that would let them enforce much broader definitions of copyright, says cyberspace lawyer Lawrence Lessig. Code plus law equals a threat to the development of P2P, and more importantly, an assault on basic public rights. With audio


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Italian Firm's Dolce Music Deal
By Amanda Castleman. "Italian music website, Vitaminic, announced Friday that it is acquiring rival Peoplesound.com, based in London. The 34 million-euro deal unites two of Europe's most ambitious players in the world of digital downloads. Unlike Napster, both sites have harmonious arrangements with music labels. The merger is hailed as a good omen for Italian companies, which more often are acquired (as opposed to acquiring others) in the global market. Vitaminic -- one of the nation's brightest Web stars -- recently took over music pioneer Internet Underground Music Archive and is finalizing negotiations with FranceMp3.com." [Source: Wired News]

Net Law Notebook: Napster Controversy Quiet, but Alive
By Doug Isenberg, Editor and Publisher of GigaLaw.com. This article provides legal commentary regarding the most recent developments in the Napster lawsuit. "Then, Napster's stunning Halloween Day announcement that it had struck a deal with Bertelsmann AG to convert to a membership-based service was heralded as a sellout that would end the legal controversy. But, nearly three months later, the strategic alliance has had little impact other than to reduce the number of plaintiffs pursuing Napster. The service is still alive and kicking, and free." [Source: InternetWorld.com]

Decision of United States Court of Appeals for the Ninth Circuit in A&M Records vs. Napster
This is a copy of the Decision of United States Court of Appeals for the Ninth Circuit in A&M Records, Inc. v. Napster, Inc., from the Web site of The New York Times. [Source: New York Times]

Napster Loss Is Copyright Gain
By Brad King. "Free speech advocates warn that a court ruling that could effectively force Napster to shut down would further erode an individual's right to share data over the Internet. Victories by copyright holders in three recent court battles could severely limit the way people share information on the Internet." [Source: Wired News]

Launching Over Net Music Hurdles
By Wired News Radio. "When Launch.com started in 1994, they distributed music content the old-fashioned way -- they licensed it. As their music portal has grown, they've managed to survive all of the legal battles that overwhelm companies like Scour and Napster. Launch.com CEO David Goldberg explains their approach." (MP3 file is 4.76 MB - streaming also available.) [Source: Wired News]

Webcasters Act in Concert
By Brad King. "Finding music online outside of Napster still remains largely a challenge for consumers, but Digital Club Network is doing its part to make live concerts easy to access. On Tuesday, the company inked deals with several labels including Tommy Boy Records and Koch Records that expands its stable of musicians to include the likes of De La Soul, Prince Paul and Stabbing Westward. The deals give the DCN exclusive rights to the shows for up to 18 months, which allows the company to not only broadcast the shows from its website, but also from syndicated partners like Budweiser and Anheuser-Busch." [Source: Wired News]

Napster Judge Utterly Frustrated
Associated Press: "A federal judge overseeing the case against Napster on Friday essentially threw up her hands and appealed for help in stopping the exchange of copyrighted songs. For the moment, her ruling guarantees Napster users can continue downloading copyright music at will." [Source: Wired News]

Another Stain on Copyright Law
By Brad King. " Once again, the law intended to promote the distribution of content on the Internet has instead been used to restrict it. That was the result when the recording industry used the digital copyright law to shelve a research project that involved hacking a watermarking technology promoted by the five major record labels. On Thursday, Princeton professor Edward Felten and his team of academic researchers decided not to present their paper 'Reading Between the Lines: Lessons from the SDMI Challenge'." [Source: Wired News]

File Traders Take Aim at RIAA
By Brad King. "File-trading service Aimster filed a lawsuit against the recording industry in federal court on Monday, asking a judge to rule that its encrypted network doesn't run afoul of the law. The company decided its only chance against the Recording Industry Association of America was to launch a preemptive legal strike to avoid being dragged through an expensive legal battle, said Aimster spokesman Johnny Deep." [Source: Wired News]

CNN's Legal Documents: Copyright law and digital music
CNN.com's collection of legal filings, judge's opinions and summaries of oral arguments covering the last year of copyright and digital music cases in the courts.

File Tracker May Go Too Far
By Brad King. "The Aimster file-trading network has a new security nemesis, but the methods being used to track files might run the copyright-protection company into legal troubles. Mediaforce has launched a business-to-business tracking service that scans the Aimster file-trading network for copyright violations. For up to $50 per title per month, the automated Mediaforce application will scan the private network for selected titles across the Gnutella, Napster, iMesh and now, Aimster networks." [Source: Wired News]

If You Can't Track 'em, Join 'em
By Brad King. "An alliance between three media file-tracking companies makes it possible to monitor, track, contact and shut down the systems of users who engage in illegal activity on the Internet. BayTSP, Media Enforcer and Copyright.net -- companies that have applications to search for copyrighted materials -- agreed to share their tracking technologies with each other as part of an equity deal that creates a loose federation of companies involved in rights management." [Source: Wired News]

Digital Rights Gain a Foothold
By Brad King. " They know who you are. They know where you are. They know what you've done - or could do, or what you're capable of doing. And they are the future of digital media on the Internet. "They" are Reciprocal and NetPD, two companies that teamed up on Tuesday to create a secure online delivery system for businesses that comes complete with its own tracking service. The joint venture allows Reciprocal to pad its secure delivery systems, while opening up new sales paths for the NetPD software." [Source: Wired News]

The music revolution will not be digitized
By Janelle Brown. "The dust is clearing from the online entertainment wars. Who won? The record labels. Who lost? Consumers. Once upon a time, a revolution brewed. Righteous artists, technologists and youthful entrepreneurs launched digital music start-ups, determined to take power away from the conglomerates that controlled the recording industry and deliver it into the hands of the little people." [Source: Salon.com]

Copyright Clash Shutters Speech
By Brad King. "The law enacted to ensure the protection of intellectual property in the Internet age is being called on in several court battles with free speech advocates. While the finer points of the Digital Millennium Copyright Act take center stage in a New York appeals court, a team of researchers continue to protest the heavy-handed use of the law by the recording industry." [Source: Wired News]

Code-Breakers Go to Court
By Declan McCullagh. "After a team of academics who broke a music-watermarking scheme bowed to legal threats from the recording industry and chose not to publish their research in April, they vowed to "fight another day, in another way." On Wednesday, Ed Felten of Princeton University and seven other researchers took their fight to a New Jersey federal court in a lawsuit asking that they be permitted to disclose their work at a security conference this summer."

"Joining them is the Usenix Association, a 26-year-old professional organization that has accepted Felten's paper for its 10th security symposium in Washington during the week of Aug. 13. The Electronic Frontier Foundation of San Francisco is representing the researchers and Usenix. In the first legal challenge to the Digital Millennium Copyright Act's criminal sections, Usenix is asking the court to block the Justice Department from prosecuting the conference organizers for allowing the paper to be presented. For certain "commercial" activities, the law promises fines of up to $500,000 and a prison term of five years." [Source: Wired News]

The Digital Millennium Copyright Act
It's not very pretty in retrospect, but this document was signed into law on October 20, 1998. We're only beginning to see the ramifications of its provisions in the courts, many of which will are already being challenged. [Source: One Hundred Fifth Congress of the United States of America]

Worldwide Copyrights a Quagmire?
By Declan McCullagh. ""It appears disastrous for program developers," Stallman said. "Many countries have laws about what kinds of software can be developed.... Everything relating to information should be taken out of this convention." The treaty in question is a heretofore obscure proposal known as the Hague Convention, which European nations generally support, but the U.S. State Department has criticized. If countries agree to the convention, they'd be required to enforce judgments in certain type of civil lawsuits brought in another jurisdiction. That prospect lightens the hearts of entertainment lobbyists, who fear increasingly widespread piracy and the possibility of Napster clones arising in countries that don't have laws restricting online file-sharing." [Source: Wired News]

Hot debate over the future of Webcasting
By Lisa Rein. "After years of big-money litigation, bankruptcy, and polemics, Webcasters, artists, and labels are finally sitting down with the U.S. Copyright Office to hammer out the licenses under which music will be distributed on the Internet. But Webcasters and artists claim that the Recording Industry Association of America (RIAA), with its deep pockets and high-placed lobbyists, has hijacked the process and is setting up a world where the music industry fox guards the Internet henhouse." [Source: CNET Music Center]



P2P Weblogs

Richard Koman Richard Koman's Weblog
Supreme Court Decides Unanimously Against Grokster
Updating as we go. Supremes have ruled 9-0 in favor of the studios in MGM v Grokster. But does the decision have wider import? Is it a death knell for tech? It's starting to look like the answer is no. (Jun 27, 2005)

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