In recent news ...
Copyright to Take Center Stage With Full House Judiciary Committee Next Year
The House Judiciary Committee announced on Dec. 4 and said, that "all copyright-related issues will be handled at the full committee" level. For the past two years HJC's Subcommittee on Courts, Intellectual Property, and the Internet led a historic review of U.S. copyright, so it appears further action will be led next year by committee chairman Rep. Bob Goodlatte (R-Va.). Meanwhile, Rep. Darrell Issa (R-Calif.) will chair the Internet subcommittee next year, bringing his technological expertise and strong policy approaches to a subcommittee likely to tackle big things with him in charge.
Sony Pictures' Digital Networks Hacked, Pre-Release Movies Pirated
On Dec. 2 Sony Pictures Entertainment senior management confirmed to staff that the much-publicized hack of its digital data networks during late November was genuine, the result of a "concerted effort to do damage to our company." "It is a reminder — if one was needed — that cyber attacks can be 'strategically catastrophic,'" said Richard Atkinson, corporate director of Adobe's global piracy-conversion team and chairman of the Content Delivery & Security Association. Three years ago Sony was also one of the main targets of a series of hacks directed against major firms, and it seems this latest round is being used as a teaching moment for data-protection best practices that were not adequately in place. In a bizarre twist, the government of North Korea has been cited as a potential suspect in the attack. A spokesman for the nation denied being behind the attacks and expert opinion considers the brazen style of this to be typical of hacktivist groups such as Anonymous. Proprietary Sony data released on the Internet included several pre-release movies, such as the musical Annie, as well as the private personnel information of thousands of Sony employees.
ISP Cox Sued Over Failure To Make The Worst Pirates Walk The Plank
Music publishers BMG Rights Management and Round Hill Music filed a complaint in eastern Virginia's U.S. District Court on Nov. 26, accusing Internet service provider Cox Communications of contributory and vicarious copyright infringement for failing to disconnect subscribers who commit content piracy on an ongoing, high-volume basis. The Digital Millennium Copyright Act's safe harbor provisions routinely protect ISPs from liability for infringement committed by customers, but the plaintiffs believe they have been given an opening to sue in this case. The factual background detailed in the complaint provides colorful specifics, such as the online "infringement dashboard" plaintiffs provided Cox that organizes repeat infringements detected from more than 200,000 of the ISP's subscribers. Examples also include the Internet addresses and statistics for three sets of reported infringements, presumably committed by three individuals. One totaled more than 54,000 infringements over 64 days, another more than 39,000 infringements over 189 days and a third more than 20,000 infringements over 407 days. According to the complaint, "Cox's conduct renders it ineligible for safe harbor immunity," but it contends the ISP "has taken the position that repeat infringement notices provided to Cox 'do not relate to matters subject to the DMCA.'" If this lawsuit's new approach gains traction and survives preliminary motions, it could force ISPs to deny services to pirates.
Former Internet High-Flyers Aereo And Dotcom Face Losses
On Nov. 20 Aereo declared bankruptcy due to having been enjoined from operating its unlicensed Internet TV service. The investor group led by mogul Barry Diller had raised more than $95 million, of which about $4 million is still in the firm's coffers as cash. Separately, former Megaupload founder Kim Dotcom announced on Nov. 25 during a videoconference, "My legal team has recently resigned because I ran out of money after spending $10 million to try and defend myself. ... I'm officially broke right now." Some see these big legal bills that cost fortunes as stifling Internet technology. Aereo and Megaupload did function as technology, but both companies' business models were based on taking the intellectual property of others without compensation, and that is indefensible in principle as well as expensive in fact.
The Recording Academy actively represents the music community on such issues as intellectual property rights, music piracy, archiving and preservation, and censorship concerns. In pursuing its commitment to addressing these and other issues, The Recording Academy undertakes a variety of national initiatives. To learn more, visit GRAMMY.org/Advocacy. To get more involved, visit GRAMMY.com/Action.
