DigitalKoans

Seven Swedish MPs have written an article calling for Sweden to legalize noncommercial file sharing.

Decriminalizing all non-commercial file sharing and forcing the market to adapt is not just the best solution. It’s the only solution, unless we want an ever more extensive control of what citizens do on the Internet. Politicians who play for the antipiracy team should be aware that they have allied themselves with a special interest that is never satisfied and that will always demand that we take additional steps toward the ultimate control state. . . .

The simple truth is that almost all communication channels on the Internet can be used to distribute copyrighted information. If you can use a service to send a message you can most likely use the same service to send an mp3-song. Those who want to prevent people from exchanging of copyrighted material must control all electronic communication between citizens.

Read more about it at "Political Breakthrough for Filesharers in Sweden" and "Swedish Politicians Strike Blows at Copyright Lobby."

Source: "Legalize File Sharing, Say Swedish MPs."

The International Federation of Phonographic Industries has sent a letter to European ISPs asking them to filter unlicensed audio files based on digital fingerprints, to block "objectionable" peer-to-peer downloading services, and to block "infringing" Websites.

Read more about it at "IFPI's European Christmas List: Content Filtering and P2P Blocking" and "Music Industry Pressures EU Politicians for Filtered Internet."

The RIAA has sued Usenet.Com, a Usenet service provider. Usenet.Com offers SSH access with its Secure-Tunnel option from SecureTunnel.com, and indicates that it does not log user activity.

There are a wide variety of Usenet service providers, including universities and colleges.

Here's an excerpt from Usenet.Com's Mp3 Newsgroups Page:

Today’s hottest way of sharing MP3 files over the Internet is Usenet; forget about all the peer-to-peer software applications, which quickly become outdated. . . . MP3 Newsgroups are the ultimate way of sharing as they are well organized and allow the users to find what they are looking for quickly and effortlessly.

Read more about the suit at "RIAA Sues Usenet, Decries It as Napster, Kazaa" and "RIAA Tries to Pull Plug on Usenet. Seriously."

Jammie Thomas has filed a notice of appeal to the Capitol Records v. Jammie Thomas verdict based on the premise that the statutory damages awarded were excessively large and constitute punitive damages. Thomas would like to have a new trial or to have the damages to be adjusted to $151.20 from $222,000.

Here's an excerpt from the motion reported in "Appeal in RIAA Case to Focus on 'Unconstitutionally Excessive' Punishment":

"In the instant matter, defendant Thomas urges the Court to consider the statutory damages to be tantamount to an award of punitive damages, since it is based not upon plaintiffs' losses, but rather defendant's conduct," concludes the motion. "Whether the Court recognizes actual damages of zero dollars, $20 or whatever figure plaintiffs suggest is a fair measure of their actual damages for the 24 subject recordings, the ratio of actual damages to the award is not only astronomical, it is offensive to our Constitution and offensive generally."

Further coverage of the motion is available in "RIAA Says Thomas Shirking $222,000 Payoff" and "RIAA's $222,000 Defendant Asks for a New Trial."

Here's further commentary on the verdict:

• "Cornered Record Labels Turn Vicious—But to What Effect?"
• "Piracy Jury Not Chosen Fairly"
• "RIAA File-Sharing Verdict Delays Day of Reckoning on Downloading"
• "Rights and Wrongs in the Antipiracy Struggle"

Michael Hegg, a steelworker who served on the Capitol Records v. Jammie Thomas jury, has revealed what went on in the deliberations in "RIAA Juror: 'We Wanted to Send a Message'."

Here are more verdict reactions and follow-ups:

• "Capitol v. Thomas: The Key Appeal Issue"
• "Defendant Knocks Web Illiterate Juror in RIAA case"
• "For RIAA, a Black Eye Is a Deliberate Choice Opposed by Musicians"
• "Jammie Thomas: 'I'm No Puppet' for RIAA Foes"
• "On the $9,250 Song"
• "Podcast: The RIAA's Public Relations Problem"
• "RIAA Eyes Next Possible Targets: CD Burners, Radio Listeners"
• "RIAA Hits a Sour Note with Its File-Sharing Witch Hunt"
• "Update: Court Documents Now Available for RIAA Case against Minnesota Woman"

A study by Anirban Banerjee, Michalis Faloutsos and Laxmi N. Bhuyan ("P2P:Is Big Brother Watching You?") has shown that peer-to-peer file sharing users who do not employ blocklists can be tracked by media companies or their agents.

Here's an excerpt from the paper:

A naive user is practically guaranteed to be tracked: we observe that 100% of our peers run into blocklisted users. In fact, 12% to 17% of all distinct IPs contacted by a peer are blocklisted ranges. Interestingly, a little caution can have significant effect: the top five most prevalent blocklisted IPs contribute to nearly 94% of all blocklisted IPs we ran into. Using this information users can reduce their chances of being tracked to just about 1%.

Source: Anderson, Nate. "P2P Researchers: Use a Blocklist or You Will Be Tracked. . . 100% of the Time." Ars Technica, 10 October 2007.

Jammie Thomas will appeal the Capitol Records v. Jammie Thomas verdict. More on this and further reactions to the case in the articles and posts below:

• "Capitol v. Thomas: The Key Appeal Issue"
• "EFF to Weigh in on First RIAA Downloading Trial Appeal"
• "For RIAA, a Black Eye Comes with the Job"
• "An Open Letter to the RIAA"
• "Thomas to Appeal RIAA's $222,000 File-sharing Verdict"
• "Will Appeal Succeed in RIAA's $222,000 'Making Available' Case?"

You might recall that back in July, EDUCAUSE issued an urgent call to action about a file sharing amendment that Senate Majority Leader Harry Reid intended to make to the Higher Education Reauthorization Act.

It's déjà vu all over again. Virtually the same proposal has been incorporated into Rep. Howard P. McKeon and Rep. Ric Keller's College Access and Opportunity Act of 2007, and EDUCAUSE has again issued an urgent call to action. Get the details at EDUCAUSE's P2P or File Sharing page.

Also read "A Controversial Antipiracy Measure Re-emerges." Here's an excerpt:

Like Mr. Reid’s amendment, the House proposal calls on the U.S. secretary of education to identify the 25 institutions that received the most notices identifying cases of copyright infringement of both music and movies. The colleges appearing on those lists would then be required to devise “a plan for implementing a technology-based deterrent” to illegal file swapping.

Source: Read, Brock. "A Controversial Antipiracy Measure Re-emerges." The Wired Campus, 8 October 2007.