Comments on: Hollywood denies MediaDefender link http://www.p2pnet.net/story/13888 p2pnet.net - reader powered Tue, 24 Nov 2009 04:43:11 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: Rightsholder_Buddy http://www.p2pnet.net/story/13888/comment-page-1#comment-205819 Rightsholder_Buddy Tue, 06 Nov 2007 04:14:52 +0000 http://www.p2pnet.net/story/13888#comment-205819 The MPAA (US Based and focussed) and the MPA (US Based, but Internationally focussed) are Trade Associations, which, although the 6 major Hollywood studios make up the membership, are wholly separate legal entities from those studios. Each entity, trade association and studios, are entitled to act independently to pursue means of anti-piracy, HOWEVER one major exception is that Trade Associations are not allowed by US law to engage in “interdictions” the very kind of services MD sells. Sure every Hollywood studio and most major record labels (RIAA members) contract with firms, including MD, to conduct interdictions, but the trade associations as separate entities, and by their legal nature are strictly prohibited to do likewise by US anti-trust law. You might see them as one monolith or as a cartel perhaps, but US law sees them differently. I cannot comment on Swedish Law. Nonetheless, what is the real penalty that Universal and the like could face if found in violation of Swedish Law. If it’s just a fine and some embarrassment, perhaps that was part of the risk assessment made by these ‘evil’ capitalists. So, ultimately they see the result as just the cost of doing business. The MPAA (US Based and focussed) and the MPA (US Based, but Internationally focussed) are Trade Associations, which, although the 6 major Hollywood studios make up the membership, are wholly separate legal entities from those studios. Each entity, trade association and studios, are entitled to act independently to pursue means of anti-piracy, HOWEVER one major exception is that Trade Associations are not allowed by US law to engage in “interdictions” the very kind of services MD sells. Sure every Hollywood studio and most major record labels (RIAA members) contract with firms, including MD, to conduct interdictions, but the trade associations as separate entities, and by their legal nature are strictly prohibited to do likewise by US anti-trust law.

You might see them as one monolith or as a cartel perhaps, but US law sees them differently. I cannot comment on Swedish Law. Nonetheless, what is the real penalty that Universal and the like could face if found in violation of Swedish Law. If it’s just a fine and some embarrassment, perhaps that was part of the risk assessment made by these ‘evil’ capitalists. So, ultimately they see the result as just the cost of doing business.

]]> By: MeToo http://www.p2pnet.net/story/13888/comment-page-1#comment-205394 MeToo Mon, 05 Nov 2007 19:03:36 +0000 http://www.p2pnet.net/story/13888#comment-205394 From what I have read, that doesn't matter in Swedish court. Someone correct me if I'm wrong. From what I have read, that doesn’t matter in Swedish court. Someone correct me if I’m wrong.

]]> By: IhatetheRIAA http://www.p2pnet.net/story/13888/comment-page-1#comment-205356 IhatetheRIAA Mon, 05 Nov 2007 17:57:59 +0000 http://www.p2pnet.net/story/13888#comment-205356 But will these emails be admitted as evidence in court? I'm no lawyer but I fear the answer is no because they weren't legally obtained... But will these emails be admitted as evidence in court?
I’m no lawyer but I fear the answer is no because they weren’t legally obtained…

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