Big Music’s Dutch attack
p2pnet.net News:- Is Dutch RIAA clone Brein finally about to start civil proceedings against p2p users?
According to Kazaa lawyer Christiaan Alberdingk Thijm, that’s what Brein will announce tomorrow.
How many? It’s anyone’s guess. But a (translated) excerpt reveals: "In total, 10 people per ISP (eg, approximately 50) were ordered to Cease and Desist distributing music on with P2P software.".
The headline reads: “Brein will sue P2P users”. The article [nld] reports that efforts by Brein to reach settlements with P2P users were fruitless and now Tim Kuik, head of Brein, will be reported in a press conference tomorrow.
The efforts stem from actions by Brein reported last week by BOF (Bits of Freedom). BOF -a privacy and digital rights organization- stated that Brein was sending out Cease & Desist letters [nld, pdf] to users of Kazaa, eDonkey and Limewire. The letters were accompanied by financial threats and a statement to settle.
Brein used the help of five ISP’s -Tiscali, Planet Internet, Het Net, Wanadoo and @Home – to forward those letters to users. However, ISP’s didn’t have to comply with Brein’s request to help Big Music out.
XS4ALL, a major Dutch ISP, flat-out refused to handle the Brein spams.
BOF immediately posted a FAQ [nld] on the C&D letters and urged recipients not to respond and certainly not to sign the statement, citing the fact that ISPs aren’t legally obligated to hand over ID’s. And apparently Brein only has IP addresses to go on.
Thijm also questions whether or not Brein will succeed in forcing ISP to hand over names.
ISPs aren’t accountable for their users’ actions and a judge will see no legal basis to hand over personal information.
It’s also reported that John Kennedy, head of the IFPI, the organization representing the international recording industry, will in person urge ISPs to jump on the “self-regulation” bandwagon that would essentially help with handing over ID’s.
Raymond Blijd – fk2w
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April 11th, 2005 at 8:34 pm
Music downloaders face hefty fines in piracy crackdown
Sunday April 10th 2005
NICK WEBB
HUNDREDS of music downloaders and file sharers could be prosecuted in a devastating crackdown on internet piracy unleashed by the majorrecord companies.
People who have illicitly downloaded songs including U2’s Vertigo and Paddy Casey’s Saints and Sinners could face fines of up to â¬5,800 if prosecuted. This could include the parents of children who have spent hours on the internet pirating songs for iPods or creating their own CDs, echoing the case when a 12-year-old New York school girl, Brianna LaHara, was sued by US record companies in late 2003. The Irish Record Music Association (IRMA), which represents the record companies, has prepared affidavits against close to 20 individuals, who are alleged to have distributed or “uploaded” shared files or illegally pirated music on the internet. Up to 250,000 people are thought to have illegally downloaded music here last year, according to IRMA data.
It is understood that the first 20 or so cases will be taken against these uploaders, but that a concerted campaign over the next three years will target more casual file sharers, with sources suggesting that “hundreds and hundreds” could be pursued.
IRMA is set to go to the High Court to force Irish internet service providers to divulge the identity of the initial 20 targeted internet accounts used for uploading the pirated music. In December, IRMA hired a US spy firmto monitor internet traffic from Ireland downloading thousands of specially selected tracks, ranging from well-known Irish acts suchas U2 and the Corrs to hip hop stars such as Eminem and 50 Cent.
http://www.unison.ie/business/stories.php3?ca=80&si=1374284 [registration required]
April 12th, 2005 at 10:43 am
04/12/05: Brein announce today that 32 users will be pursued, 7 already settle for 2100 euro’s.
read here [dutch]: http://www.planet.nl/planet/show/id=62967/contentid=566846/sc=bde6f2