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IFPI Launches New Round of Legal Actions

Postby SlyckTom » Tue Oct 17, 2006 11:02 am

The IFPI (International Federation of the Phonographic Industry) has resumed its <a href=http://www.ifpi.org/site-content/press/20061017.html target=_blank>enforcement actions</a> against the file-sharing community. The latest round of enforcement actions represents a departure from a nearly six month wait. File-sharers were last confronted in April of 2006, when 1,800 individuals were targeted for suspected unauthorized file-sharing.

Today's announcement represents many "firsts" in the fight against unauthorized file-sharing. As an international organization, the IFPI's reach is considerable. New targets, which until now appeared immune, include Brazil, Argentina, Mexico, and Poland. These nations have often been declared piracy hot spots, with little or no enforcement against alleged digital piracy.

Another first is the IFPI's assertion that parents are bearing the brunt of their children's actions. As many US lawsuit recipients can attest, often times account holders are unaware their computers have ever been used for alleged unauthorized file-sharing.

"Many of those on the receiving end of legal action are parents whose children have been illegally file-sharing. They are finding that in many countries they are liable for any activities third parties undertake using their internet connection. In Argentina, one mother made her son sell off his car to pay her back the settlement fee."

The IFPI also specified who exactly is the target of their enforcement action: uploaders. Press releases from other trade organizations have often been unclear on this issue, but the IFPI makes no ambiguities.

"The actions are being taken in Argentina, Austria, Brazil, a combination of criminal and civil suits, are aimed at 'uploaders' - people who have put hundreds or thousands of copyrighted songs onto internet file-sharing networks and offered them to millions of people worldwide without permission from the copyright owners."

Lastly, the IFPI appears to have widened the typically narrow lawsuit bandwidth. The RIAA, the IFPI's US equivalent, has focused primarily on FastTrack (Kazaa.) However with the FastTrack network no longer the premier network it once was, enforcement actions have expanded.

"The industry is targeting uploaders using all the major unauthorized P2P services, including BitTorrent, eDonkey, DirectConnect, Gnutella, Limewire, SoulSeek and WinMX."

In fact, FastTrack isn't even mentioned. Today's announcment of over 8,000 enforcement actions is one of the largest to date.

The IFPI appears to have taken an extended approach to their enforcement actions. Instead of the older RIAA approach, which was a monthly campaign involving approximately 700 individuals, the IFPI accumulates a substantial number prior to an official announcement. It's certainly a different approach than the RIAA, but whether the results are any different remains to be seen.
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Postby ColinPL » Tue Oct 17, 2006 11:25 am

and Poland

LOL, I can download free and legal music from the internet, from sources better than P2P networks.
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Postby altpdend » Tue Oct 17, 2006 11:39 am

i am sure this just more big music bullshit. Most countries will not be as easy as the us. to go after p2p shares
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Postby Dazzle » Tue Oct 17, 2006 12:49 pm

I think this is part of the usual pre xmas scare campaign starting up early, the threats will grow in number and a few old cases will be rehashed for scare value , but with millions of users just doing their thing and not having read this dramatic announcement nothing is going to change.
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Postby Vtaltos » Tue Oct 17, 2006 12:52 pm

Brazil?

Brazilian media has been quiet. All I could find today was a rewording of the IFPI press release, no actual news of real file sharing lawsuits. But a couple of days ago there was action against people who were selling stuff online in Internet auction sites, that was previously downloaded from p2p networks. Maybe the IFPI just bundled those along for the release.

EDIT.: Ok, after further research, the IFPI claims 20 Brazilians are being sued. But they don't know who they are, we're talking IP numbers. As far as Brazilian legal procedure is concerned, there's no lawsuit as of yet, maybe criminal investigations, but that's it.
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Postby Muintir na h'Eireann » Tue Oct 17, 2006 4:06 pm

Strange, the IRMA (Ireland) are usually vocal with their press releases flooding the media, normally this is re-hashed as news material by the lazy media. I've even checked the courts.ie legal diary and not found anything filed yet. Will update when I find out more.

** Update: Only ten users this time. (ten too many)
So far the IRMA have managed to extort an average of €2,500 from 52 people so far but 14 people are still holding out.

http://www.irma.ie/breaking_news.htm
Last edited by Muintir na h'Eireann on Thu Oct 19, 2006 1:12 pm, edited 1 time in total.
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Postby Vtaltos » Tue Oct 17, 2006 4:23 pm

An update: the ABDP (Associação Brasileira dos Produtores de Discos), the Brazilian branch of the IFPI/RIAA, held a press conference this afternon (from which, by the way, one of the major universities in Brazil, Fundação Getúlio Vargas, was denied attendance). They've announced that they're going after uploaders who share 3000 to 5000 songs, so hey, if you're in Brazil and want to play safe, don't share more than 3000 IFPI songs.

Bear in mind that the Brazilian courts aren't renowned for their speed, so by the time these users have been identified, sued and opinions begin to be delivered, we'll probably be past the Singularity and way into post-human existence.

A bill has been or will be proposed for the reformation of Brazilian copyright law, which might help file sharers in the future. It does comply with the Berne three step procedure, but gives some additional room for legal maneuvering that could be promising. If you want to add in your support, sign the petition here
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Postby Red_Blue » Tue Oct 17, 2006 5:23 pm

TTVK (Copyright Information & Anti-Piracy Centre In Finland) reports that they will be using the IPRED1 "civil industrial copyright infringement enforcement amendments" of the Finnish Copyright Act now for the first time, mainly against DirectConnect users for this round of lawsuits, the first civil P2P-lawsuits in Finland.

Important human rights questions will be whether ISPs will be forced to give customer personal information to the copyright mafia, without the courts giving any chance for the customer to respond before ordering the information to be handed over, whether ISPs will be forced to close Internet accounts of alledged unauthorized P2P-distributors and with what kind of "evidence", if any, required prior to the actual trial.

A long appeals process ending in the European Court of Human Rights is expected to launch unless the IPRED1 provisions against filesharers for free will be neutered entirely from their current draconian forms in the lower courts.
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Postby darkened » Wed Oct 18, 2006 1:42 am

ColinPL wrote:
and Poland

LOL, I can download free and legal music from the internet, from sources better than P2P networks.


Can't you get home 50mbits and 100mbits there for like $100/month?
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Postby zim » Wed Oct 18, 2006 2:50 am

Some guy in brazil posted on /. that this is total bullshit. nobody has been sued in brazil. unless they are hiding it really well.

recently a group of people were busted for selling warez tho.


he thought they were counting that just to bulk up their numbers. which i wouldnt put past the scummy ifpi.
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Postby Vtaltos » Wed Oct 18, 2006 7:36 am

zim wrote:Some guy in brazil posted on /. that this is total bullshit. nobody has been sued in brazil. unless they are hiding it really well.

recently a group of people were busted for selling warez tho.

he thought they were counting that just to bulk up their numbers. which i wouldnt put past the scummy ifpi.


I was the one who posted on /., and after further research, concluded that this is all too real. We have no idea what is going on, or what is their legal strategy. They're still on the "spreading misinformation" stage, and denied professors from a Brazilian university attendance to a press conference held yesterday. The IFPI was only after Brazilian journalists, who usually just reproduce whatever is fed to them via press releases.

As for numbers, they claim they're going to sue only 20 people, probably to cause a commotion and test waters, since no one has any idea how Brazilian courts are going to react.
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Postby zim » Wed Oct 18, 2006 8:36 am

hopefully by public lynching of the lawyers... :)

lets hope anyways...
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