Alleged Spyware Scammers Sued By FTC

In the first case filed against alleged spyware scammers, the FTC charged Seismic Entertainment Productions, Smartbot.Net, and Sanford Wallace with secretly installing spyware on computers causing unstoppable myriads of pop-up ads to be displayed, then sending messages advising “Spy Wiper” or “Spy Deleter” had to be bought for $30 to stop the infection. The U.S. District Court for the District of New Hampshire has been asked to grant a TRO enjoining this alleged scam. Read Continue reading Alleged Spyware Scammers Sued By FTC

BNetD Servers Infringe Blizzard’s Copyrights

Blizzard, creator and seller of such popular computer games as “StarCraft,” “StarCraft: Brood War,” “WarCraft II: Battle.net edition,” “Diablo,” and “Diablo II: Lord of Destruction,” sued two individual defendants who are computer programmers, and a systems administrator, for releasing BNetD servers, which allow Blizzard’s games to be played in multiplayer mode over the internet. Blizzard contended, inter alia, that defendants, who admitted reverse engineering Blizzard’s software, infringed Blizzard’s copyrights in their own software and server, Continue reading BNetD Servers Infringe Blizzard’s Copyrights

RIAA Files Another 762 P2P File Sharing Lawsuits

The Recording Industry Association of America (“RIAA”) has filed yet another 762 P2P file sharing law suits, bringing the total to approximately 5400 suits to date! The usual settlement price to buy out is $5000.00.

NY District Court Strikes Music Bootlegging Law

U.S. District Judge Harold Baer Jr. dismissed a federal indictment of Jean Martignon, who runs a Manhattan mail-order and Internet business that sells bootleg recordings. The judge struck down a 1994 law banning the sale of bootleg recordings of live music, ruling the law unfairly grants “seemingly perpetual protection” to the original performances. Cf. U.S. v. Moghadam, 175 F 3d 1269, 1272 (11th Cir. 1999). Read the article here.

De Minimus Sampling Illegal

The 6th Circuit Court of Appeals (TN) held digital sampling of a sound recording, no matter how minimal, constitutes copyright infringement. See Bridgeport Music, Inc. et al. v. Dimension Films et al.; Case Nos. 02-6521, 03-5738; September 7, 2004. Read the decision here. Cf. Newton v. Diamond, Horowitz, and Yauch; 9th Circuit Court of Appeals (CA), 349 F 3rd 591, Nov. 4, 2003. Read the decision here.

RIAA Files 744 More P2P File Sharing Lawsuits

8.26.04. The Recording Industry Association of America (RIAA) has filed an additional 744 P2P file sharing lawsuits over the last several days. 592 lawsuits were filed against John Doe defendants located throughout the U.S. (Georgia, Missouri, California, New York, Texas, Kentucky, New Jersey and Wisconsin). Another 152 suits were filed against known named defendants who failed to settle with the RIAA after being identified through prior litigation. The RIAA has now included eDonkey and Limewire Continue reading RIAA Files 744 More P2P File Sharing Lawsuits

Justice Department Raids P2P File Sharers

FBI agents raided residences throughout the USA yesterday which were hubs for the “Underground Network.” About 7,000 users connected to the network via file-sharing software known as “Direct Connect.” According to law enforcement officials, not only were music files shared, but, also movies not yet released theaters, DVD or video. “Today’s actions send an important message to those who steal over the Internet,” said Attorney General John D. Ashcroft. “The Department of Justice is committed Continue reading Justice Department Raids P2P File Sharers Continue reading Justice Department Raids P2P File Sharers

What’s GNU?

By Elliot Zimmerman, Attorney At Law, Fort Lauderdale, FLThe GNU (“Generally Not Unix”) General Public License (“GPL”), or GNU GPL for short, which can be viewed here, is used by authors who want their works to remain free for others to copy and change. Under the terms of the GNU GPL, the author first copyrights the original work then licenses it to the public to use for free, provided that anyone who redistributes it, with Continue reading What’s GNU?