August 1, 2009

US file-sharer gets $700,000 fine

A US student has been ordered to pay $675,000 (£404,000) to four record labels for breaking copyright laws after sharing music online.
-----------------------------------------
The Boston University student, Joel Tenenbaum, had admitted in court that he had downloaded and distributed 30 songs at issue in the case.
It is the second such case to go to trial in the US.
In the first case, a woman in Minneapolis was ordered to pay $1.92m for sharing 24 songs.
On Friday, the jury ordered Mr Tenebaum to pay $22,500 for each infringement. The maximum that he could have been fined was $4.5m.
Following the ruling, he said he was glad the fine had not been in the millions.
"That to me sends a message of 'We considered your side with some legitimacy'," he said, according to the Associated Press news agency.
But his lawyer said the verdict was not fair and that he planned to appeal.
'Loved technology'Mr Tenenbaum used a computer at his parents' home and at his college to download and distribute digital files.Prosecutors working on behalf of the record labels focused on 30 shared songs. Under US law, the recording companies are entitled to $750 to $30,000 per infringement.
However, the jury can raise the amount to $150,000 per track if it finds the infringements were wilful - a matter that they will debate now that the judge has ruled Mr Tenenbaum violated copyright laws. In the Minnesota case, the jury awarded $80,000 per song.
On the stand, Mr Tenenbaum admitted that he had downloaded more than 800 songs since 1999 and that he had lied in pre-trial proceedings when he suggested that other family members of friends may have been responsible for downloading songs to his computer.
"I used the computer. I uploaded, I downloaded music," he told the court under questioning from his own lawyer, Charles Nesson.
He said he had used Napster and then Kazaa to download the files.
"It was like this giant library in front of you," he said.
In opening remarks on Tuesday, Mr Tenenbaum's lawyer said he "was a kid who did what kids do and loved technology and loved music".
Recording companies had been slow to adapt to the internet, he added.
But prosecutors argued that file-sharers take a significant toll on the revenues for artists and others involved in music
'Got off easy'
The recording industry has recently changed its tactics in file-sharing cases, preferring to settle quickly for much smaller amounts.
However, cases such as those against Mr Tenenbaum, which were already filed, are proceeding to trial.
The four recording labels involved in the case are subsidiaries of Universal Music, Warner Music and Sony.
Kevin Cullen of the Boston Globe said Mr Tenenbaum had "got off easy" compared to the Minnesota case.
"I went through the song list of what he was actually convicted of downloading and my favourite one was Beck's Loser," he told BBC News.

Pakistan 9 killed in Gojra riots

GOJRA: At least nine people were killed in armed clash between two groups and police firing on the mob here on Saturday.An angry mob marched towards a village of rival community in Tehsil Gojra District Toba Tek Singh where fierce clashes erupted between the two groups.At least nine people including six women belonging to both sides lost their lives in armed clashes and police firing. Many others were injured. On the orders of President Asif Zardari, the government sent Punjab Rangers to the riot-hit town to maintain law and order.A heavy contingent of police was also dispatched to the troubled area to bring the situation under control. The government sent Punjab Rangers to riot-hit Gojra to According to Reuters and AFP, six Christians, including four women, were burnt alive and dozens were wounded in clashes in the town, officials said, adding 40 houses and a church were also burnt over the alleged desecration of the Holy Quran in the town, officials said.Tension has been running high between the two communities in Gojra over allegations that Christians had desecrated the Holy Quran.Clashes erupted early on Saturday, with an exchange of fire from the members of the two communities.Television footage showed burning houses and streets strewn with blackened furniture and people firing at each other from their rooftops.Federal Minister for Minorities Shahbaz Bhatti alleged a mob “misled by extremists”, attacked a Christian neighbourhood and torched dozens of houses.“We have received six bodies of people who died of burn injuries. They included four women, one man and one child,” Abdul Hamid, a Health Ministry official in the town told Reuters by telephone.Punjab Law Minister Rana Sanaullah, who is also responsible for security matters of Punjab, condemned the attack and said an inquiry had been ordered.However, he said, a preliminary investigation showed there was no desecration of the Holy Quran. “It was just a rumour which was exploited by anti-state elements to create chaos,” he said.“I request both Muslim and Christian communities to show restraint,” Sanaullah said, adding the government would take strict action against rioters and also police who failed to stop the violence.

FCC Rings Up Info Request On IPhone

The FCC Friday sent letters to Google, Apple and AT&Tseeking more information on the applications approved for the iPhone.
The FCC's Wireless Bureau sent the letters after press reports that Apple had not approved a Google Voice application for its iPhone. It also comes as the FCC is considering proceedings on wireless open access and handset exclusivity and the Justice Department is said to be looking at the same issue.
The letters, from Acting Wireless Bureau Chief James Schlicting, seeks info on what applications from outside parties have been rejected and whether AT&T and Apple consulted before Google's application was declined, among other things. The FCC set a deadline of Aug. 21 for answers.
"The Federal Communications Commission has a mission to foster a competitive wireless marketplace, protect and empower consumers, and promote innovation and investment" said Genachowski. "Recent news reports raise questions about practices in the mobile marketplace. The Wireless Bureau's inquiry letters to these companies about their practices reflect the Commission's proactive approach to getting the facts and data necessary to make the best policy decisions on behalf of the American people."
Big News

Skype could be cut off for good over dispute

Skype might have to shut down because of a dispute over the core technology used to make the internet telephone system work.
--------------------------------
EBay, which paid $2.6 billion (£1.6 billion) for the voice-over-the-internet system in 2005, is facing a court battle with the original founders of the company who retained the rights to the technology at the heart of the system.
EBay admitted in a regulatory filing that it might have to close down the company. It said it was trying to develop alternative software but if that did not work, or if eBay lost the right to the original software: "Skype would be severely and adversely affected and the continued operation of Skype's business as currently conducted would likely not be possible."
The dispute also threatens eBay's plan to spin off Skype, scheduled for next year.Earlier this year, Skype filed a claim in London against Swedish company Joltid, which is controlled by Skype co-founders Niklas Zennstrom and Janus Friis. Skype is seeking resolution on a dispute over a software licensing agreement between the parties that Joltid was seeking to terminate.
"In particular, Joltid has alleged that Skype should not possess, use or modify certain software source code and that, by doing so, and by disclosing such code in certain US patent cases pursuant to orders from US courts, Skype has breached the license agreement," eBay said in the filing. Joltid brought a counterclaim, reiterating that it held the rights to the peer-to-peer technology and that Skype was in violation of the original agreement.
A court hearing has been set for June 2010 in London.
In its regulatory filing confirming the parent company's recent quarterly profits, eBay acknowledged that the new software it was working on had no guarantee of success.
"Although Skype is confident of its legal position... Skype has begun to develop alternative software to that licensed through Joltid. However, such software development may not be successful, may result in loss of functionality or customers even if successful, and will in any event be expensive," eBay said.
EBay announced in April that it would spin off Skype through an IPO, saying the timing would depend on market conditions. Executives acknowledged that the unit, while fast-growing, did not mesh well with eBay's core marketplaces division.
Mr Zennstrom and Mr Friis, backed by a number of private equity houses, have been in talks with eBay over the possibility of buying the company back but the negotiations have stalled.
Skype, which started in 2002, allows users to make calls from their computers to landlines, mobile phones and other computers. At its heart is key peer-to-peer technology created by its founders who also created the file-sharing software Kazaa.
The service has continued to grow rapidly. The unit’s revenue increased 25 per cent during the second quarter from the previous year to $170 million, according to eBay's results earlier this month. It added 37.3 million users, bringing its total number of registered users to 480.5 million, making it the most widely-used international calling system in the world.
The legal battle over the licensing of the software will need to be resolved before eBay's board, led by chief executive John Donahoe, can move forward with flotation plans for Skype.
Yesterday eBay declined to comment beyond the regulatory filing. A spokeswoman said: "Our plans to separate Skype have not changed."
A spokesman for Joltid said: "Skype has breached its licence and infringed Joltid's intellectual property. As a result its licence has been terminated. Joltid is enforcing its rights in the courts. Like any member of the creative industries, Joltid will defend its innovations with determination. It is certain of the validity of its position and looks forward to the resolution of the issue."