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| Supreme Court Ruling Makes Chasing File-Sharers Hugely Expensive Posted: 25 Mar 2011 03:13 AM PDT In 2005, anti-piracy group Antipiratgruppen (APG) and the underlying music group IFPI tracked a man who they say was sharing 13,000 music tracks via a Direct Connect network. The case moved through the legal system and went all the way to the Supreme Court. The 6 year-old case has now been concluded and although the rightsholder plaintiffs in the case won their battle – albeit in a much smaller way than anticipated – the Court’s ruling is set to prove a huge setback to their overall war. The case against the now 57-year-old was brought by APG on behalf of many IFPI-linked record labels and artists. As is so often in these cases, they had hoped for a punishing outcome in order to deter others. The rightsholders had originally demanded 440,000 kroner ($83,400) in compensation but that claimed amount was ultimately reduced to 200,000 ($37,900). However, yesterday the Supreme Court decided that the defendant should pay only 10,000 kroner ($1,900), a major setback for the rightsholders who had hoped for a much higher precedent-setting amount on which to model future cases. The compensation-limiting factor problem proved to be the reach of the evidence relied on by Antipiratgruppen. APG used techniques which scraped the index of the files said to be being made available by the defendant and then linked them back to his IP address, a method which has been acceptable in the past. But while the Court accepted that some sharing had occurred due to the defendant’s confession, it wasn’t satisfied that the index was an accurate representation of the files physically present on the defendant’s computer. Per Overbeck, lawyer for the defendant, said that the lowered compensation award shows that it’s worth fighting back. “The ruling demonstrates that it pays to be critical of Antipiratgruppen’s claims,” he said. Speaking with Politiken, IFPI lawyer Johan Schlüter said that the Supreme Court decision to tighten the standard of proof in these cases could mean that Antipiratgruppen has to seize and investigate the defendant’s computer in any forthcoming cases, an expensive process that would require a bailiff, IT experts, and in some cases a locksmith. “I will not directly say that we can not afford it, but it could be so expensive that it could mean we cannot pursue such matters,” said Schlüter. “We can not accept that we have become completely neutered, so we’ll now sit down with some IT people and think through what we can do to provide better documentation.” Schlüter commented that the industry is in somewhat of a “cultural battle” with illegal copying and he could have a point. A recent moral standards study in Denmark found that a high percentage of the public found illicit downloading socially acceptable. |
| US Music Piracy Plunges After LimeWire Shutdown Posted: 24 Mar 2011 07:28 AM PDT
At the time we doubted that LimeWire’s demise would have much of an impact on the volume of music piracy, but according to research from the NPD Group we were wrong. Although there are plenty of alternatives to LimeWire, NPD found that the number of people who downloaded music illicitly using P2P in the last quarter of 2010 has decreased by 43% compared to the year before. The researchers conclude that much of the decline is due to the unavailability of LimeWire, which ceased its operations just a few weeks into quarter 4 of last year. This data comes from an extensive survey of 5,549 Americans, and translated into the entire population it means that the number of music pirates has decreased from 28 million to 16 million in just a year. Looking at the market share of the various P2P applications, LimeWire was still in the lead with 32 percent of the music pirates indicating that they’d used it in the few weeks that it was still available. This is down from 56 percent in the year before. As expected, LimeWire’s shutdown also resulted in a market share up-tick for various other P2P applications. FrostWire appears to be the greatest beneficiary, as it saw a relative increase from 10 percent to 21 percent. The most popular BitTorrent client uTorrent saw its market share growing from 8 to 12 percent. However, since the total number of music pirates declined so much this actually means that in absolute numbers less people indicated that they used uTorrent to pirate music compared to a year ago. Taken together NPD’s research suggests that the percentage of music pirates in the U.S. population has fallen drastically, from 16 percent to 9 percent in a year. But the big question is what effect this has had on music industry revenues. Although we don’t necessarily have much faith in the validity of the survey, the RIAA must be delighted with the findings – or are they? We assume that when they look at their revenues during the last quarter of 2010, the big music labels will fail to see any significant change in their revenues. Why? Well, because music piracy might not have much of an effect on music sales in the first place. But I guess if they can’t use it to their benefit, the RIAA will simply ignore what might be the biggest piracy decline in history. |
There is no arguing that the file-sharing landscape changed for good when the RIAA managed to | You are subscribed to email updates from TorrentFreak To stop receiving these emails, you may unsubscribe now. | Email delivery powered by Google |
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