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  1. #1
    Legend little_pob's Avatar
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    Thumbs down RIAA triumphs in Usenet copyright case

    The Recording Industry Association of America has prevailed in its copyright fight against Usenet.com, according to court documents.

    In a decision that hands the RIAA an overwhelming victory, U.S. District Judge Harold Baer of the Southern District of New York ruled in favor of the music industry on all its main theories: that Usenet.com is guilty of direct, contributory, and vicarious infringement. In addition, and perhaps most important for future cases, Baer said that Usenet.com can't claim protection under the Sony Betamax decision. That ruling says companies can't be held liable for contributory infringement if the device they create is "capable of significant non-infringing uses."

    Baer noted that in citing the Betamax case, Usenet.com failed to see one important difference between it and Sony. Once Sony sold a Betamax, an early videotape recorder, the company's relationship with the buyer ended. Sony held no sway over what the buyer did with the device after that. Usenet.com, however, maintains an ongoing relationship with the customer and does has some say in how the customer uses the service.

    Usenet.com's lawyers could not be reached Tuesday evening.

    The two-decade-old Usenet network was one of the early ways to distribute conversations and binary files, long before the Web or peer-to-peer networks existed. Usenet.com is a company that enabled users to access the Usenet network.The RIAA filed suit against Usenet.com in October 2007, accusing the company of encouraging customers to pay up to $19 a month by enticing them with copyrighted music.

    The case is highly unusual because of Baer's many findings of discovery misconduct by the Usenet.com side. The rules of discovery in a civil case requires both sides to exchange information. The RIAA produced evidence, however, that Usenet.com destroyed evidence or failed to produce witnesses on multiple occasions.

    The RIAA accused Usenet.com of intentionally destroying the contents on seven hard drives that contained employee-generated data; providing false information; and attempting to prevent employees from giving depositions by sending them to Europe.

    The judge found the evidence credible but denied the RIAA's motion to hand it a victory based solely on the misconduct. Instead, the judge sanctioned Usenet.com "from asserting (the company's) affirmative defense of protection under the DMCA's safe harbor provision."

    The Digital Millennium Copyright Act's safe harbor provides refuge to Internet service providers from being held responsible for criminal acts committed by users. Without that and without the Betamax decision, Usenet.com was a sitting duck.

    In a brief note posted Tuesday to RIAA.com, the trade group for the music industry said: "We're pleased that the court recognized not just that Usenet.com directly infringed the record companies' copyrights but also took action against the defendants for their egregious litigation misconduct."

    Source: Hidden Content
    by Greg Sandoval
    June 30, 2009 5:37 PM PDT

  2. #2
    veteran Chimaera's Avatar
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    Re: RIAA triumphs in Usenet copyright case

    Hmm not good and there will be more to this i feel

  3. #3
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    Re: RIAA triumphs in Usenet copyright case

    Balls and i left torrents for nzb because of this happenng there Hidden Content

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    Legend Dr X's Avatar
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    Re: RIAA triumphs in Usenet copyright case

    Long live the freedom of sharing what you bought with your own money, if i buy a loaf and sahre it with you thats my decision Hidden Content

  5. #5
    Elite Member Diablo13's Avatar
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    Re: RIAA triumphs in Usenet copyright case

    This is very bad news for anyone sharing files and the internet in general.
    How can anyone provide a service to people online, legit or otherwise, if they can be held accountable for what their members or users do?
    The internet will soon be useful only as a business network and the people who have brought about an over regulated and captive internet will start seeing a fall in revenue as well. I suspect that if this carries on many people will boycott music download services and buy albums on the high street with a guaranteed quality, or just not bother.
    By the way are all radio stations and personal recording formats guilty of the same infringements? Hidden Content
    Even when I was a kid you could record the Top Twenty with Alan 'Fluff' Freeman on a portable tape recorder! So it's a bit late getting their knickers in such a twist 40 odd years later. Hidden Content
    If I bought a computer with a Sony Hard Drive or Optical drive, then surely buying their products allows me to use them to record their music and films?
    If Goodmans, Toshiba or Phillips sell me a recorder or blank recordable disks for my own personal use, then are'nt they guilty of encouraging and promoting me to record anyones material on them?
    Anything recordable sold by Sony/MGM who are the biggest pushers of this restrictive legislation, makes them just as guilty as the people they are trying to put out of business? Stop Sony selling ANY recordable hardware or software and when their profits fall through the floor we will see if they are as vocal then?
    Hidden Content
    Last edited by Diablo13; 05-07-2009 at 01:22 AM.

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