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IFPI 'First Wave' Sues 247 In Europe & Canada

securitas writes "AP and many others report that the International Federation of the Phonographic Industry - IFPI - has sued 247 accused file-sharers in Germany, Denmark, Italy and Canada as part of an unprecedented, coordinated attack. The IFPI represents the global recording industry through its members - national associations like the IFPIG, DRIA, FIMI, CRIA and RIAA - and says it will launch more international lawsuits in the months ahead. You may also want to read the official IFPI 'first wave' press release/related documents and a statement by the IFPI's chairman and CEO. Lots of coverage at AP/AJC, USA Today, the New York Times, Reuters/CNN Money, ZDNet/CNet, Bloomberg , netimperative and the BBC. The timing of the international legal attacks is especially interesting in light of the recent study that indicates file-sharing has a negligible impact on music sales."

29 of 304 comments (clear)

  1. Phonographic... by Mick+Ohrberg · · Score: 5, Funny

    On first read, I thought it said Pornographic! That has got to be the only media that's probably shared more than music...

    --

    Quidquid latine dictum sit, altum sonatur.

  2. Ignoring a Common Cause? by The+I+Shing · · Score: 4, Insightful

    Same thing happened to me! When I first looked at the summary of the post, I thought it said "International Federation of the PORNOgraphic Industry"!

    I was like, "Oh, no, they're suing people over sharing porn! What are we going to do?!"

    All kidding aside, I'd really like to see chart showing the so-called "decline" in CD sales displayed alongside the trends in other aspects of the young person's financial life, such as increases in college tuition and the price of textbooks, the price of gasoline at the pump, and sales of designer clothes, video games, and other luxury items. I bet there are correlations all over the place.

    Remember when Bart Simpson encounters the inventor of Spirograph, who glumly points out that there's a direct correlation between the decline in sales of Spirograph toys and the rise in violent crime in our nation's schools?

    I think that the RIAA is using the same kind of logic... CD sales went down as P2P usage went up, therefore P2P usage caused CD sales to go down. I have this cool program on my Mac called "Fallacy Tutorial," which was made by some logic professor, and it lists this type of argument as "Ignoring a Common Cause." The RIAA and its buddies are doing what politicians have been doing for centuries. Go back and look at how Prohibition came into being in 1920, and you'll see how spurious arguments can be used over and over again until a tiny group of overly-influential people (often very wealthy to begin with) get their way.

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
    1. Re:Ignoring a Common Cause? by The+I+Shing · · Score: 3, Insightful

      Prohibition came into being because the wealthy people wanted it?

      Well, of course not all the wealthy people wanted Prohibition, just the ones who were convinced that alcohol was the cause of (and not the solution to, as Homer points out) all of life's problems. I think Henry Ford is a good example.

      The late self-help author Peter McWilliams wrote a wonderful book called Ain't Nobody's Business If You Do, and it has a great chapter on the Prohibition movement, which the author posted online in its entirety before he died, along with all of his other books. Check it out... it's a cautionary tale whose lessons we would do well to review in our present age.

      --
      You are in error. No-one is screaming. Thank you for your cooperation.
    2. Re:Ignoring a Common Cause? by MoonBuggy · · Score: 4, Informative

      The point is that copyright infringement is a crime, and the recording industry associations have the duty to find and prosecute those who commit it. (emphasis mine)

      Why? The recording industry association don't create music, the recording industry association aren't needed to get the music out to the public anymore, the recording industry don't give the settlements to the artists and finally the recording industry lobby the fines up to rediculous amounts that would bankrupt any normal person and then offer to settle displaying that they don't need the fines to be as high as they are (the average settlement is just a few percent of the original charge, if they can afford to carry on this way then the fines are disporportionate) and that they are purely extorting money since nobody can afford to risk the full fine.

      If the artists submitted the songs straight to ITMS, Magnatune, Napster or a similar system they could sell them at half the price and still make a greater amount since the middlemen who take most of the profit are gone. In the past artists couldn't set up CD presses or advertise themselves, but now they just need some studio time and a website - the RIAA and co. are redundant. With this system the artists could also, quite fairly, sue copyright infringers for the value that they deprived the artist of (say $50 per song to account for repeated uploads, and force them to pay legal fees if they loose).

      If there's a gaping hole in this argument feel free to point it out, but I don't see anything that the artists can't do themselves/pay for independently rather than signing their rights to the RIAA's companies.

  3. Re:Damn my dirty mind! by bbrazil · · Score: 4, Funny
    Maybe I need this little thing called a life?
    You're posting on /. By definition...
  4. Someone clue me in here... by oldosadmin · · Score: 4, Interesting

    How can they sue file sharers in Canada? I thought they had a media tax to make it legal to share files?

    --
    Jay | http://oldos.org
    1. Re:Someone clue me in here... by Zweistein_42 · · Score: 5, Informative

      You can legally _download_ music in Canada - it is covered by the levies we pay on the media (yay!:). You cannot legally _upload_ (i.e. share) music, as that makes you a "distributor" (and thus not covered under any form of personal use). It's the same reason why it is legal (in Canada) for me to borrow your CD and make a copy of it... but NOT for you to copy your CD and give me the copy. Same end result of course, but in first case, I'm copying for my personal use - in the second case, you are distributing something you don't have a right to distribute. IANAL, but I've followed Canadian copyright law for a while - the particular statute is reasonably clear once you understand the distinction between personal use (copying for myself) and distributing (copying or making available to others)

      --
      - To err is human; but to really screw up, you need a computer
  5. File stealing? by kryptkpr · · Score: 4, Interesting

    "This is our first co-ordinated effort to take this campaign over the range of countries where file stealing is a problem," said Allen Dixon, IFPI's general counsel and executive director.

    Maybe I was asleep, but since when did copyright infringements become known as "file stealing"!?

    These cartels have had it too good for too long.. they're trying to sell us both media, and a license, then claim the license is non-transferrable and the media is non-replaceable.

    In effect, you're being sold a hunk of plastic along with a very limited set of rights as to what you can do with your hunk of plastic. This business model is now crumbling thanks to the Internet, and I say good riddance to them and their Executive Directors.. go back to the dirty holes you crawled out from, and make room for real musicians, that make music for the love of it.. they've have no trouble embracing the 'net as a distribution mechanism.

    --
    DJ kRYPT's Free MP3s!
    1. Re:File stealing? by Shakrai · · Score: 3, Insightful
      Maybe I was asleep, but since when did copyright infringements become known as "file stealing"!?

      It's the same reason Fox News and the Israelis call Palestinian bombers "homicide bombers" instead of the more accepted term "suicide bomber". It's the same reason SCO releases all of their crap. FUD. It's all about the FUD and the marketing with these people. If they can change the mind of John Q. Public they've won -- it doesn't really matter what us geeks think.

      Of course I don't know how you win over the hearts and minds of John Q. Public by suing 12 year old schoolgirls either -- but I'm sure RIAA has people working on ways to spin that in a positive way.

      (Disclaimer: I'm not trolling or trying to start an offtopic discussion about Middle Eastern politics -- just the first example that popped into my head)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  6. CCC calls for boycott by Tom · · Score: 5, Interesting

    In reaction, the german Chaos Computer Club (CCC) has called for a boycott: German Page

    This banner with the motto "Industry kills Music" is especially nice. The german text at the bottom translates to "And you are surprised that things are going badly?" and was part of a recent speech at a german music price ceremony where except for one indie band only badly casted, out-of-TV and largely joke-"stars" were on stage.
    Oh, and the big bosses of the german music industry were present. According to news articles, they didn't exactly like being told the truth so bluntly and on live television...

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:CCC calls for boycott by WyldThang · · Score: 4, Interesting

      Not only the CCC is acting, even the party "Die Grunen" (part of the governing coalition in germany) started an postcard-initiative against copy-protection on CDs as it infringes the right to make your own copies (which is legal in germany).

  7. Warez works the same way. by BoomerSooner · · Score: 4, Insightful

    I generally use warez groups to find out about new software or software I didn't know existed. I try it, if it's good I buy it. As a software developer I find it extraordinarily hypocritical that people will steal (illegally copy) software but want others to pay for their offering.

    I would have never purchased the Adobe Design Collection if I hadn't been able to learn to use Photoshop, InDesign and Acrobat Forms first. I have yet to use Illustrator but Freehand is easier for me, and I'm too busy to pick up that old book I bought.

    I have a policy at my company that if you use a piece of software to enhance your productivity and contribute to your job, you will get it. Hell, I've even bought WinRAR, Textpad and VuePrint (which readily have keygen's available).

    This is why I think the "stealing music" slant is bullshit. How are you supposed to hear new music when Clear Channel owns 1/2 the radio stations and someone else owns the other 1/2? File Sharing. I buy every CD I have an mp3 for because honestly I make too much money to waste my time trying to decrypt the slang used to name songs. Not to mention my bandwidth, etc. A $11.99 CD is well worth the time savings.

    The RIAA, etc need to pull their heads out of their asses and learn that people like to test drive a product before they buy. I cannot imagine buying a car without trying it out. Why should music be any different?

    1. Re:Warez works the same way. by Shakrai · · Score: 3, Insightful
      I cannot imagine buying a car without trying it out

      Expect you have permission from the car dealer to take the car for a test drive first. If not I'm sure you'll be hearing from the police in short order.

      Point being there is nothing that says they have to let you test drive a car. Of course they wouldn't sell many cars if they didn't but there is no law on the books that says they have to.

      I'd like to see iTunes let me hear the full version of the song before I buy it -- not just a random 30 second clip. Do you know how many songs I've bought only to find out it was a different friggen version then the one I know and like? If they are worried about piracy they could broadcast these demos in really low-quality (mono-only perhaps?). If someone really likes it he is going to pay the $0.99 anyway -- why waste your time stealing a lower quality copy?

      Ditto for the little Kisoks at Barnes and Noble. WTF is the reason to limit them to 30 seconds? Do they think people are going to tape record them with a hidden microphone or something?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:Warez works the same way. by hvt · · Score: 3, Insightful

      I agree. Permission is important in law as well as in life. Permission is what separate a guess from a trespasser, a consensual encounter from rape, an authorised distributor from a file sharer. If one is unhappy with the current law, one come up with a thoughtful alternative and convince enough people to change it. The current system is built on top of laws and rationalizations way more thoughtful and workable than anything I have read so far.

  8. Re:Isn't it unfair... by Shakrai · · Score: 5, Insightful
    Isn't it unfair that Western Europe and the U.S. (Canada included ;-) ) have to support the entire worlds intellectual property industry? I mean, from pharmacueticals to CD's we have to bear the brunt of the cost burden that undoubtably would be reduced if these companies went after real pirates, ie. those with factories in 3rd world nations selling generic's and pressed/packaged digital media packages? Just seems unfair to me.

    Why would they go after third-world pirates? Those guys are just increasing market-share when they would otherwise presumably be buying from local media/software vendors. Why would they want them doing that?

    But you can bet your ass they'll go after us -- we don't have any other sources to buy their product from so why not? Whatever other sources we might have had they took away with the product design (DVD region codes) or DCMA.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  9. They don't care if filesharing helps sales by Anonymous Coward · · Score: 5, Insightful

    It's not interesting that they are suing at all. If filesharing helped music sales increase 1000% they still would be suing filesharers. They care about control of the media not sales. Filesharing is a threat to their business because filesharing makes their class of middleman obsolete. If artists release their music over kazaa what purpose would RIAA members serve?

  10. fud by GillBates0 · · Score: 4, Insightful
    "The message is the same," Dixon says. "You cannot put someone's music on the Internet without permission. That's theft."... Microsoft, Coca-Cola and British retailer HMV operate online European music services with limited selection and arcane usage rules.

    *sigh* some people never learn...or they knowingly choose to use stronger language to frighten (or terrorize in today's overused parlance) the masses into submission.

    And I don't want to fuckin' have to think twice every time I want to listen to the same music in my car, on my computer or on my living room. Is it that difficult to understand?

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
  11. Re:Damn my dirty mind! by The+I+Shing · · Score: 3, Insightful

    This might be offtopic, but I'm annoyed.

    I think it is really unfair for moderators to moderate the first four or five replies after the first one as "redundant" just because they all make the same observation. The fact is that people posting in /. aren't seeing real-time posts go up as they're quickly composing their replies.

    Heck, I made the observation about my own misreading of the name of the organization in question, and then went on to make a point about the arguments used by that organization, and got modded redundant!

    About 10% of my reply was devoted to my misreading of the name of the organization, and I even prefaced it by saying, "that happened to me too," yet my entire reply is redundant? How about reading my entire post before moderating it, okay?

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
  12. How much compensation? by Cooper_007 · · Score: 3, Insightful
    asking them to stop illegal file-sharing and pay compensation - or face legal action.

    I wonder if the IFPI will be asking equally ludicrous amounts as the RIAA has.

    The chairman's quote seems rather funny in this context though:
    "People are at real risk of being sued or prosecuted if they continue to rip off those who make music."
    Pot. Kettle. Black. I guess he's got a good lawyer...

    Cooper
    --
    This truth probably doesn't come as shocking news to any of you,
    and if it does then you're stupid and I hate you.
    - Everything Can Be Beaten -

  13. a bit off-topic by PYves · · Score: 3, Insightful

    I was wondering if there were any statistics between RIAA's drop in sales and independant labels' increase in sales.

    Not ever record label in the states is an RIAA member, and to be honest, since I started downloading mp3s, I've bought more cds but nearly all of them were from non-RIAA members (not as protest, but because that's the music I like!)

    I don't think the RIAA could even come after me for trading these files, since it's not even their intellectual property :P

  14. Study results do not make it legal! by morzel · · Score: 5, Interesting
    Repeat after me: just because the study proved that filesharing does not have a noticeable impact on CD sales does not make it legal!

    Copyright law in many countries prevents you from distributing somebody elses work, plain and simple. These people are not being sued because they had some kind of tangible impact on sales, but because they were distributing copyrighted material to anybody (ie: nothing to do with fair use rights here).

    These are the people that are making it bloody hard for the rest of us to get non-crippled CDs, because the recording industry thinks this is the way to fight them (which it incidentally is not, but that's a whole different story).

    I'm glad the record industry is suing, because this is the way copyright conflicts should be dealt with: in court. Not with half-assed technological countermeasures that are making it a pain for the rest of us, and certainly not with lobbying legislation that will obliterate 'fair use' for their works.

    --
    Okay... I'll do the stupid things first, then you shy people follow.
    [Zappa]
  15. For crying out loud by Underholdning · · Score: 4, Insightful

    Damnit - I need to get this off my chest. If this much effort was put into catching the real criminals of the internet (spammers, child pornographers etc) the net would be a much better and safer place. All this is just due to a huge lobby and a horde of overpaid lawyers. I refuse to recognize this as problem worthy of this many ressources.
    Ok - I'll get off my soapbox now. Sorry for the rant.

  16. Re:Maybe I just don't understand it... by Maestro4k · · Score: 3, Interesting
    • but does this mean in the entire area they can cover, they only found enough proof to accuse 247 of them? I'm sure more are to come, but why not just file suit against more? also, yes, I thought it said pornographic...
    Well realistically they probably can't afford to file suit against all the thousand (perhaps millions) online sharing music at any given time. Even if they could financially (and what am I saying, they probably can), logistically coordinating it would be a nightmare.

    In the real world one would expect those 247 sued to be the biggest sharers they could find, but history (RIAA suits last year into this year) have taught us that the recording industry doesn't seem to share our reality. I will not be surprised if the IFPI finds itself in the same quagmire that the RIAA did. It'll be quite amusing if it's worse and over half the sharers are little kids or grandparents whose grandkids put the software on their computer without them knowing. Now that'd be a public relations nightmare! (Not that the IFPI and/or RIAA seem to care what anyone thinks of them anymore though.)

  17. Re:Effect of lawsuits on sales. by Maestro4k · · Score: 4, Insightful
    • I wonder how many sales are being lost because of the negative PR all these lawsuits must bring.
    Even if it could be proven the lawsuits are having a larger negative effect than the perceived downloading has on sales, I doubt the RIAA would stop. They ignore studies which show CD sales have not been majorly effected by downloading (we had a post about that yesterday, and the RIAA just tossed it aside claiming all these studies that had shown a direct-link. The only problem is I believe the RIAA or someone in the recording industry funded the research of all the researchers who found that there was a correlation.)

    It's not like the RIAA is even trying to hide that it's just sue-happy right now. Even people who haven't heard about the whole downloading bruhaha are starting to notice and think the RIAA is a bunch of idiots. That has to be effecting the industry, but does the RIAA even seem to consider the possibility? If they have, they sure don't act like it.

  18. hallmarks of Al Quaeda by victorvodka · · Score: 4, Funny

    Based on the co-ordinated nature of the attack, I have to suspect that Al Quaeda had something to do with this.

    --

    The flag just makes more sense than the constitution. - Judas Gutenberg

  19. Representing who? by gr8_phk · · Score: 4, Interesting

    The artists are represented by their recording company. The companies are represented by the RIAA, and the RIAA is represented the IFPI? I think the artists are far enough removed at this point that the IFPI is a purely political organization only interested in money / power / self.

  20. How You Can Fight Back by MichaelCrawford · · Score: 4, Informative
    I know that in the US at least, there are more people sharing files on peer-to-peer networks than voted for George Bush in 2000. I suspect the numbers are proportional in other countries.

    If you work to reform the copyright laws, you can make the sharing of any file legal.

    Here are some steps you can take to do this:

    In the US anyway, copyright is not a Constitutional right. I suspect that it's not a fundamental right in most countries.

    The reason I ask you to googlebomb my article in my signature here is that I'm trying to educate the peer-to-peer network users. I attract the readers by offerring links to lots of free, legal downloads, but give them a political education while I've got their attention.

    --
    Request your free CD of my piano music.
  21. IFPI Switzerland will go down the same road by piquadratCH · · Score: 4, Interesting

    IFPI Switzerland seems to go down the same road according to this article (german).
    As in Canada, only uploading copyrighted music is illegal here, not downloading. As Switzerland is not member of the EU, the laws between the EU and Switzerland are quite different in some points. Cracking copy protection for instance isn't illegal (yet) AFAIK.

  22. Remove the tin foil hats please by Luscious868 · · Score: 4, Insightful
    The timing of the international legal attacks is especially interesting in light of the recent study that indicates file-sharing has a negligible impact on music sales

    Oh please! The study was just released a few days ago. I'm no fan of any of these organizations or their tactics but come on. These lawsuite take a little time to prepare you know. It's not like they saw the study and decided, ok, now we'll sue some people. This has all been in the works for some time.