told-the-court
Pink Floyd, EMI Brawl Over iTunes Royalties
Pink Floyd and its label, EMI, are battling over online royalties stemming from a contested clause in their decade-old contract. The developer of “The Dark Side of the Moon” and other top-selling albums claims its contract with EMI requires its music to be sold as an entire album, not single tracks that EMI has permitted iTunes to distribute. The band’s attorney, Robert Howe, told a London Court on Tuesday that “It’s a matter of fact that the defendant has been permitting individual tracks to be downloaded online and that therefore they have been allowing albums not to be sold in their original configuration,” Howe said, Bloomberg News reported .
Continue reading »AFACT v iiNet: Safe Harbor Protection Intact, Says iiNet
The trial continues in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (multiple links to all our earlier coverage can be found here and here and here ) The case continued in the Federal Court, with iiNet barrister Richard Cobden beginning his closing submissions. Referring to the allegations by AFACT that it detected around 97,000 instances of copyright infringement carried out by iiNet subscribers, Cobden said that there was actually only sufficient evidence to prove that a single subscriber had carried out any. That individual was the mole planted by AFACT and DtecNet to carry out deliberate ‘infringements’ on behalf of the plaintiffs.
Continue reading »Fabricated Anti Pirate Bay Evidence Leaks Onto….
In an attempt to make sure that Dutch citizens can’t access The Pirate Bay, BREIN took three of the tracker’s ‘founders’ to court. The anti-piracy outfit won the case and Fredrik, Gottfrid and Peter were ordered to block Dutch users, a decision they decided to appeal. This week the appeal was heard before the Amsterdam court.
Continue reading »AFACT v iiNet: Day 3 – Studios Promoted BitTorrent
It’s day three in the landmark case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (earlier coverage of day one and day two ). Today a very interesting and somewhat unexpected angle to iiNet’s defense was revealed by the ISP’s barrister, Richard Cobden. Earlier AFACT had insisted that iiNet did nothing to discourage its subscribers from downloading copyright material and therefore condoned their behavior, but it seems that the studios aren’t exactly blameless when it comes to encouraging the use of BitTorrent.
Continue reading »Pirate Bay to Challenge Dutch Ban
Co-founders want a chance to present their side of the case. The co-founders of Swedish BitTorrent tracker site the Pirate Bay have announced they will seek a retrial in the cased of their recent ban in the Netherlands by a Dutch court. “We will file a summons by August 25″ said their lawyer, Ernst Louwers, to the Local .
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