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By Samuel Fineman, Esq.
November 01, 2005

U.S. Senators Turning Up Heat on Peer-to-Peer Pirates

Lawmakers pushed federal authorities last month to crack down on peer-to-peer (P2P) services that pirate copyrighted works, while one P2P operator told them pressure from the recording industry was forcing him to change his ways.

Sens. Arlen Specter (R-PA), and Dianne Feinstein (D-CA), told officials with the Justice Department and the U.S. Copyright Office that they wanted recommendations for government action on the issue.

They spoke at a Capitol Hill hearing on the services following the Supreme Court's June decision in MGM Studios Inc. v. Grokster, Ltd., 125 S. Ct. 2764 (U.S. 2005), that file sharing networks could be liable when their users copy music, movies and other protected works without permission.

Feinstein, in particular, was upset over what she views as inaction by the Justice Department.

“We have a unanimous Supreme Court decision, and peer-to-peer use is increasing,” she said. “To me, that's a signal we need a strong law to protect copyright companies.”

Debra Wong Yang, the U.S. attorney for California's central district, defended the department's actions, pointing out several investigations DOJ has undertaken that have led to arrests and convictions.

“Our mind-set is to go after those who are distributing the bulk of the material,” said Yang, who chairs the new Subcommittee on Cyber Crime and Intellectual Property of the department's Advisory Committee.

That failed to mollify Specter or Feinstein, who appeared to want her department to be much more active.

“Why not go after both levels?” Specter asked. “Why not get tough? That's what Sen. Feinstein wants to do, and I think it's a good idea.”

Yang told the lawmakers that the department is concentrating on netting the big fish because it does not have the resources to go after every infringer.
“It's got to either be made legal or shut down,” Feinstein said. “What bothers me is the information we're being given that the activity is increasing.”

Despite the fact that some lawmakers view it as a lack of action, the Grokster decision claimed at least one victim as the developer of the eDonkey P2P application says he is planning to call it quits.

“I'm not an anarchist,” says Sam Yagan, president of MetaMachine Inc., which created eDonkey and Overnet. “I'm throwing in the towel.”

EDonkey was one of several that received “cease and desist” letters from the RIAA this month. Yagan says his company plans to convert to a “closed” P2P environment once it reaches a settlement deal with the Recording Industry Association of America (RIAA), the trade group that represents the major U.S. labels.


RIAA Sues Hundreds for File-sharing ' Again

In late September, the RIAA filed lawsuits against 757 people it claims used online file-sharing networks to illegally trade in copyrighted songs, including 64 users at 17 different colleges and universities.

The Association wants to send a message to students heading back to school, according to RIAA president Cary Sherman: “The authority of the Supreme Court's unanimous ruling in the Grokster case should not be ignored by students returning to campus this fall with sights set on free music,” he said in a statement.

The suits mark the third time the RIAA has targeted Internet2, the high-speed network of university computers. A total of 560 lawsuits have been filed this year, over 39 campuses.

At the same time as the suits were announced, the Joint Committee of the Higher Education and Entertainment Communities ' comprised of leaders representing universities, higher education organizations, and music and motion picture executives ' issued a new report to Congress outlining the latest efforts to address illegal file-sharing on campuses and the emerging challenges ahead.
According to the report, the number of schools with legitimate services on campus has more than tripled to nearly 70 in the last year.

Despite these strides, the report also cites several key challenges in need of immediate attention within the university community: Student-run file-sharing systems on schools' networks; and the increased use of unauthorized hacks of the legitimate online service iTunes.

“Universities have made impressive progress in combating piracy of music and movies through educational efforts, technical controls, and the adoption of legitimate on-line services,” Graham Spanier, president of Pennsylvania State University and the Committee's co-chairman, said in a press release.

While fearful of complacency, Sharman sees progress made in what has traditionally been a hotbed of illegal downloading: “When it comes to file-sharing, students are beginning the new academic year this fall in a vastly different climate than we saw even 1 year ago.”

The latest round brings the total copyright infringement lawsuits filed against individuals to 14,800 filed by the U.S. music industry.


U.S. FTC Sues New Hampshire 'Spyware' Operation












U.S. Senators Turning Up Heat on Peer-to-Peer Pirates

Lawmakers pushed federal authorities last month to crack down on peer-to-peer (P2P) services that pirate copyrighted works, while one P2P operator told them pressure from the recording industry was forcing him to change his ways.

Sens. Arlen Specter (R-PA), and Dianne Feinstein (D-CA), told officials with the Justice Department and the U.S. Copyright Office that they wanted recommendations for government action on the issue.

They spoke at a Capitol Hill hearing on the services following the Supreme Court's June decision in MGM Studios Inc. v. Grokster, Ltd. , 125 S. Ct. 2764 (U.S. 2005), that file sharing networks could be liable when their users copy music, movies and other protected works without permission.

Feinstein, in particular, was upset over what she views as inaction by the Justice Department.

“We have a unanimous Supreme Court decision, and peer-to-peer use is increasing,” she said. “To me, that's a signal we need a strong law to protect copyright companies.”

Debra Wong Yang, the U.S. attorney for California's central district, defended the department's actions, pointing out several investigations DOJ has undertaken that have led to arrests and convictions.

“Our mind-set is to go after those who are distributing the bulk of the material,” said Yang, who chairs the new Subcommittee on Cyber Crime and Intellectual Property of the department's Advisory Committee.

That failed to mollify Specter or Feinstein, who appeared to want her department to be much more active.

“Why not go after both levels?” Specter asked. “Why not get tough? That's what Sen. Feinstein wants to do, and I think it's a good idea.”

Yang told the lawmakers that the department is concentrating on netting the big fish because it does not have the resources to go after every infringer.
“It's got to either be made legal or shut down,” Feinstein said. “What bothers me is the information we're being given that the activity is increasing.”

Despite the fact that some lawmakers view it as a lack of action, the Grokster decision claimed at least one victim as the developer of the eDonkey P2P application says he is planning to call it quits.

“I'm not an anarchist,” says Sam Yagan, president of MetaMachine Inc., which created eDonkey and Overnet. “I'm throwing in the towel.”

EDonkey was one of several that received “cease and desist” letters from the RIAA this month. Yagan says his company plans to convert to a “closed” P2P environment once it reaches a settlement deal with the Recording Industry Association of America (RIAA), the trade group that represents the major U.S. labels.


RIAA Sues Hundreds for File-sharing ' Again

In late September, the RIAA filed lawsuits against 757 people it claims used online file-sharing networks to illegally trade in copyrighted songs, including 64 users at 17 different colleges and universities.

The Association wants to send a message to students heading back to school, according to RIAA president Cary Sherman: “The authority of the Supreme Court's unanimous ruling in the Grokster case should not be ignored by students returning to campus this fall with sights set on free music,” he said in a statement.

The suits mark the third time the RIAA has targeted Internet2, the high-speed network of university computers. A total of 560 lawsuits have been filed this year, over 39 campuses.

At the same time as the suits were announced, the Joint Committee of the Higher Education and Entertainment Communities ' comprised of leaders representing universities, higher education organizations, and music and motion picture executives ' issued a new report to Congress outlining the latest efforts to address illegal file-sharing on campuses and the emerging challenges ahead.
According to the report, the number of schools with legitimate services on campus has more than tripled to nearly 70 in the last year.

Despite these strides, the report also cites several key challenges in need of immediate attention within the university community: Student-run file-sharing systems on schools' networks; and the increased use of unauthorized hacks of the legitimate online service iTunes.

“Universities have made impressive progress in combating piracy of music and movies through educational efforts, technical controls, and the adoption of legitimate on-line services,” Graham Spanier, president of Pennsylvania State University and the Committee's co-chairman, said in a press release.

While fearful of complacency, Sharman sees progress made in what has traditionally been a hotbed of illegal downloading: “When it comes to file-sharing, students are beginning the new academic year this fall in a vastly different climate than we saw even 1 year ago.”

The latest round brings the total copyright infringement lawsuits filed against individuals to 14,800 filed by the U.S. music industry.


U.S. FTC Sues New Hampshire 'Spyware' Operation









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