IFPI Forces Music Offline, Even Though Copyright Holder Wanted It Shared

from the all-about-the-musicians,-huh? dept

When challenged on what they're doing, organizations like the RIAA and the IFPI will often claim that they're just trying to help musicians. That's obviously untrue, as they represent the record labels -- who have a long history of an antagonistic relationship with the musicians they work with. We're seeing more and more cases where this conflict is being made quite clear as the RIAA and IFPI attacks fan actions that the musicians in question would prefer be left alone. Reader Xavier sends in this example of a music blogger who received a cease and desist from the IFPI that not only contained numerous mistakes, but was disputed by the musician himself.

When the blogger received the cease-and-desist (which named the wrong song, but pointed to a specific URL on his blog), he sent the band a note via their MySpace page, to which the lead singer of the group responded:

"You definitely have my blessing as one of the 4 holders of the copyrights to that specific recording. I actually think this is bogus. Anyways thanks for posting that on your site. It was lovely to see it out there doing the rounds. We didnt take it to radio so your helping with the pollenation of the nation."

Of course, the blogger was (rightfully) worried that the IFPI might have his hosting company take down the site and/or charge him with a lawsuit, so he took down the song anyway. Nice to see the IFPI looking out for the best interests of the musicians, huh?

10 Comments | Leave a Comment..

European Parliament Rejects IFPI Plan To Make ISPs Copyright Cops

from the good-for-them dept

There's been a huge lobbying campaign going on throughout much of the world to get local governments to put pressure on ISPs to require them to kick those accused of file sharing off of the internet. It had been worrisome that these efforts actually seemed to be getting some traction in both France and the UK despite vehement opposition from many people. It appears that the opposition has started to get its point of view across. The EU Parliament has now rejected a plan to criminalize file sharing and to implement a "three strikes and you're off the internet" policy. The vote itself isn't binding, but suggests how the EU Parliament feels. While France has already put in place such a law, there was some feeling that France would push to make similar laws enforced European-wide. This vote should put a damper on those plans.

8 Comments | Leave a Comment..

IFPI Continues To Pressure ISPs; ISPs Start Pushing Back

from the good-for-them dept

We've seen over the past few months that the IFPI has started a world-wide strategy of suing ISPs for not stopping file sharing. This is silly, of course. An ISP should not be responsible for what people do on its network, and forcing them to cut off a lot of perfectly legal activities just to protect an obsolete business model is especially troublesome. Unfortunately, the IFPI's early successes have only emboldened the group, leading to more pressure and more lawsuits. Luckily, at least some ISPs are standing up to the pressure. TorrentFreak notes that Swedish ISP TeliaSonera is aggressively pushing back against legal threats from the IFPI, noting that it has no legal responsibility to cut off file sharer, and the IFPI is really pushing its luck trying to claim otherwise. Somehow, we doubt that the IFPI is going to give up so easily -- and it certainly would be nice to have an ISP win one of these battles in court, so stay tuned...

8 Comments | Leave a Comment..

As Expected, IFPI 'Advertising' Helps Boost BitTorrent Search Site

from the the-definition-of-insanity dept

For a group that claims it's focused on "educating" people, the recording industry seems amazingly thickheaded in learning lessons itself. Just last week the IFPI succeeded in having an Israeli court demand that Israeli ISPs block bittorrent search site HttpShare. As we noted in that post, this would likely act as tremendous advertising for HttpShare -- and, indeed, that's exactly what has happened. The site claims that traffic has jumped, even requiring the site owners to upgrade the hardware hosting the site -- all thanks to a little "IFPI Advertising."

What's most stunning, however, is that the IFPI didn't realize this would happen. After all, it's happened again and again and again. In fact, just a month ago, a similar action in Denmark over the Pirate Bay greatly increased traffic to the site. Hell, the Pirate Bay first came to international attention (beyond a much smaller niche group of users) after the IFPI pressured gov't officials to take the site down. Of course, rather than recognize this, the IFPI and the RIAA (and the MPAA at times as well) always claim that each of these "shut downs" is a "significant blow" against piracy. Apparently, they never consider what happens next. Makes you think that the execs and lawyers at the recording industry probably aren't very good chess players.

13 Comments | Leave a Comment..

IFPI's New Strategy: Sue ISPs For Not Stopping File Sharing

from the making-life-even-worse-for-themselves dept

Earlier this year, the IFPI was successful in convincing a court to force a Danish ISP to block access to the Pirate Bay. Rather than recognizing that this only helped drive more traffic to the Pirate Bay, the folks at the IFPI seem to have gotten it into their heads that the best course of action is to start suing ISPs for not stopping file sharing. Its first target is the large Irish ISP Eircom. Eircom points out all the obvious things: it has no idea what its users are doing on the network, it's just providing the network -- and no one had made it aware of any specific infringing activity. Rather than deal with those very reasonable questions, the record labels responded with the ridiculous "but you know it's happening!" response which we've heard all too often these days. Of course, knowing that unauthorized file sharing is happening on your network and being either liable or able to stop it are two very different things. Basically, the record labels seem to be admitting that they are unable to stop file sharing, so it must be someone else's job. Even worse, they seem to be saying that it's a legal responsibility of someone else to try to prop up their own failed business model. Talk about grasping at straws. I'm not sure if Ireland has laws like the US's safe harbor provisions protecting service providers from liability for the actions of users, but hopefully the Irish courts quickly realize how ridiculous it is to pin liability on an ISP and throw this case out. What's also partly disturbing is the fact that the "but you know it's happening!" comment comes from an EMI exec, just after we thought EMI was moving away from ridiculous IFPI lawsuits. Apparently not.

20 Comments | Leave a Comment..

EMI Sticking With IFPI, But Cutting Its Allowance To Sue Music Fans

from the change-from-within? dept

Over the last few months, there have been some indications that major label EMI was sick of the RIAA and IFPI's war on music fans -- and even had threatened to leave the groups. While a huge step, it wasn't a huge surprise, given the new management in charge at EMI, who did not come from a music industry background. It became clear quite quickly that the firm wasn't going to rest on its laurels, but wanted to learn to adapt and to adopt the new business models that involved treating fans right, not suing them. It appears that EMI has now worked out a deal with the IFPI, where it will stay a member of the organization but will contribute significantly less money towards IFPI's "anti-piracy" activities. At the very least, this makes it quite clear that EMI recognizes those activities are counterproductive. For years, the record labels have been insisting that they need to step up such activities, even as every time they did so, things got worse. Of course, the IFPI is still suing and trying to take down sites, so it's not as if the industry has fully realized how counterproductive these activities are. Eventually, though, perhaps they'll realize.

4 Comments | Leave a Comment..

IFPI Gets Israeli Court To Block (And Advertise) File Sharing Site

from the down-goes-another-one dept

The entertainment industry really has a way about convincing judges and politicians that something really awful is going on with bittorrent search engines -- despite the fact that they have yet to present any evidence that any of them are illegal. Since they're search engines, they are not hosting any infringing content, and there are plenty of legitimate uses of these systems, as can be seen by the fact that Trent Reznor just used various torrent sites to help promote his latest album (which appears to be doing quite well). If there are problems with particular content, the answer isn't to blame the site, but to go after those responsible for offering up the infringing content itself. Yet, through various scare tactics, the entertainment industry convinces judges and politicians that it's the search engines' fault. The latest is in Israel, where the IFPI has convinced a judge to order the country's largest ISPs to block a torrent site named Httpshare. This doesn't appear to fit with the laws in Israel at all, which has some wondering why the judge would make such an order. Of course, the end result will likely backfire on the IFPI. Remember, it was just a few weeks ago that a Danish court similarly ordered ISPs to block Pirate Bay. The end result was just to generate a lot more attention for Pirate Bay increasing traffic greatly from Denmark. The same thing is likely to now happen in Israel with Httpshare, a site I'd never heard about. There will be rather easy workarounds for users who want to get there, and thanks to the IFPI putting it in the headlines, chances are many more people will go check it out.

4 Comments | Leave a Comment..

Danish Block Of The Pirate Bay Leads To Even More Traffic

from the nice-publicity-stunt,-IFPI dept

We've noted in the past that every time the RIAA or the IFPI scores a "significant blow" against an operation they accuse of piracy, it only seems to drive more attention to those sites. That appears to be happening once again. Since the IFPI convinced a Danish court to block users from accessing the Pirate Bay, traffic from Denmark to the Pirate Bay has actually increased, thanks mainly to the news coverage of the story. So, for such a significant blow, it appears that all the IFPI has succeeded in doing is providing free advertising for the Pirate Bay.

33 Comments | Leave a Comment..

Hollywood Continues Its Worldwide Push To Have ISPs Block Sites Like Pirate Bay

from the why-innovate-when-we-can-legislate! dept

It would appear that the IFPI is following in the footsteps of the US entertainment industry in pushing government around the world to force ISPs to block access to sites and content that the entertainment industry wishes weren't available online. This is the latest in an ongoing effort for the entertainment industry to pretend that the internet needs to conform to the way it wants the world to act, rather than conforming to the way the internet actually works. The push would include requirements such as having ISPs set up massive filters, similar to China's "Great Firewall," to block sites like the Pirate Bay (despite the non-infringing uses of such sites) and also to block any downloads of certain digital audio and video tracks as recorded by a digital fingerprint. The fact that the IFPI is pushing for this is no surprise, given the RIAA/MPAA's similar push within the US, as well as recent efforts in both France and the UK to implement such policies.

There are many, many reasons why such policies aren't just bad, but dangerous to innovation. As we're already seeing elsewhere, the entertainment industry now seems to think that any new innovation that makes it easier to distribute, copy or promote content now needs to get approval from the industry (while also paying a royalty fee). If Hollywood had its way, things like the VCR and the iPod wouldn't even exist -- despite the fact that both devices have helped to provide new life to the entertainment industry. The same will be true of various internet services -- but not if Hollywood succeeds in getting them blocked completely. It's amazing how many times Hollywood will need to relearn this lesson. Every time some new technology comes along, Hollywood freaks out that it might need to adapt -- and yet, time and time again, that new technology has only helped to reinvigorate the industry. Yet, by spreading FUD all over the place, the entertainment industry has become much better at bending politicians' ears to the point that those politicians incorrectly believe that the industry is doomed if it actually needed to adapt and change its business model, despite plenty of historical and economic evidence that those adaptations will come if the market is left alone to innovate.

20 Comments | Leave a Comment..