Thursday, August 5, 2021

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Record Labels Sue Charter Again For Failing to Disconnect Pirating Subscribers
Ernesto Van der Sar, 05 Aug 09:36 PM

cassette tape pirate musicIn March of 2019, several major music companies sued Charter Communications, one of the largest Internet providers in the US with 22 million subscribers.

Helped by the RIAA, Capitol Records, Warner Bros, Sony Music, and others accused Charter of deliberately turning a blind eye to its pirating subscribers.

Among other things, they argued that the ISP failed to terminate or otherwise take meaningful action against the accounts of repeat infringers, even though it was well aware of them. As such, the music companies said Charter is liable for both contributory infringement and vicarious liability.

Charter disagreed and filed a motion to dismiss the case. In addition, it countersued the record labels for sending false DMCA takedown notices. Both of these defensive moves failed and the matter is now scheduled to go to trial.

Charter is Sued Again

With hundreds of millions of dollars in potential damages, the stakes are high. And they're about to get even higher, as the music companies have just filed another copyright infringement lawsuit against Charter.

According to the music companies, which include Capitol Records, EMI, Sony Music and Universal Music, the lawsuit hasn't resulted in the desired policy change with regard to pirating subscribers. As such, they have filed yet another lawsuit at a federal court in Colorado.

"Charter has insisted on doing nothing—despite receiving thousands of notices that detailed the illegal activity of its subscribers, despite its clear legal obligation to address the widespread, illegal downloading of copyrighted works on its Internet services, and despite being sued previously by Plaintiffs for similar conduct," the complaint reads.

Lawsuit Covers Recent Claims

The lawsuit essentially accuses Charter of the same wrongdoing. While that seems pointless at first, there is an important distinction. The initial case only covered copyright infringements up to 2016, while the new complaint covers repeat infringements from 2018 onwards.

The music companies explain that they formally warned Charter about the first batch of infringement claims in March and April 2016. Their goal was to motivate the ISP to take action against pirating subscribers, but not much changed.

Even after the first lawsuit was filed, pirating subscribers were allegedly able to continue their infringing activity.

"Plaintiffs believed—or at least hoped—that in response to these notices, Charter would alter its conduct and take meaningful steps to address ongoing infringement by its subscribers. Unfortunately, that did not happen," the music companies write.

"Instead, Charter persisted in contributing to and profiting from its subscribers' infringement of Plaintiffs' copyrights through Charter's network, even after receiving Plaintiffs' March and April 2016 notices of claims and, remarkably, even after Plaintiffs filed the 2019 Lawsuit."

'Safe Haven for Pirates'

The music companies say they sent more than 150,000 additional infringement notices to Charter during the latest claim period, without the desired result.

The ISP says it takes action against repeat infringers, but the music companies don't believe much has changed. This alleged failure to take meaningful anti-piracy action made Charter a safe haven for copyright infringers, according to the plaintiffs, which say that the ISP prioritizes profits over its legal responsibility.

"Charter's motivation for refusing to terminate or suspend the accounts of blatant infringing subscribers is simple: it valued corporate profits over its legal responsibilities. Charter did not want to lose subscriber revenue by terminating accounts of infringing subscribers."

Similar to the earlier lawsuit, which is still pending, the copyright holders ask to be compensated for the damages they suffered. With thousands of works at stake, these damages could be as high as hundreds of millions of dollars.

It's not entirely clear why the music companies want to pursue two similar but separate lawsuits. It is possible, however, that this is a tactical move and that the cases will be merged in the future.

A copy of the new complaint against Charter Communications, filed at the U.S. District Court for the District of Colorado, is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

Olympics Piracy: Taiwan Lawmakers Criticize Public Figures For Set-Top Box Use
Andy Maxwell, 05 Aug 11:31 AM

Tokyo OlympicsFew if any developed countries in the world can say they have conquered the pirate streaming problem. Unlicensed sites and piracy-configured set-top boxes are available almost everywhere, providing access to every movie, TV show and increasingly live TV channels too.

Taiwan is no outlier. In 2020, a report from the Asia Video Industry Association's Coalition Against Piracy (CAP) revealed that 28% of consumers use devices that can stream pirated content. with those branded QBox, Ubox and EVPad proving the most popular.

The authorities want to reduce this trend but in recent days, those efforts have been undermined.

Pirating the Olympics

Ever since the Tokyo Olympics 2020 began, fans have been expressing frustration at not being able to watch events as they had done in the past.

In the UK, for example, the BBC had wall-to-wall coverage of London 2012 and Rio 2016 but this time around, licensing restrictions imposed by the International Olympic Committee mean that coverage has been drastically reduced and additional subscriptions are required.

Of course, these types of restrictions aren't an issue for those with a pirate device to hand in any part of the world. In Taiwan, however, it's not just regular citizens that have been viewing the games via unlicensed streaming services.

Sports League Boss Caught Using a Pirate Box

This week, Chen Chien-chou – the CEO of P.League+, Taiwan's first professional basketball league – sparked controversy when he posted a picture of judoka Yang Yung-wei. According to Tarpei Times, the photograph was of content being streamed illegally via a UBox, one of the devices listed in the Coalition Against Piracy's report.

Ubox

In the first instance, Chen reportedly tried to say that a friend had taken the photo but images posted by his wife from their home also showed content being displayed on a Ubox device. On Sunday, Chen apologized but the damage had been done.

Chen is the person who negotiates P.League+ broadcasting rights with sports networks. Not only that, he has previously urged basketball fans to support his league by not using pirate devices. Pirate device use is not illegal according to Taiwan's Intellectual Property Office but campaigns to get people to do the right thing certainly aren't helped by this kind of news.

Former New Taipei City mayor Eric Chu Allegedly Used Pirate Box

Also causing controversy are allegations that former New Taipei City mayor Eric Chu used a pirate device to view the Olympics. His office denied that was the case, noting that he pays for content with a monthly subscription to Kbro network using a 'sanitized' Ubox, but that didn't stop him from being criticized by officials yesterday.

According to Tarpei Times, Eric Chu and other public figures were condemned by lawmakers during a media briefing Wednesday for viewing Olympics content on pirate devices.

"It is tough to invest in and operate businesses related to the sports industry in Taiwan. People watch pirated programs by downloading them illegally and affect the revenues of companies that were willing to pay for authorized licensing and legal content," DPP Legislator Chuang Ruei-hsiung said.

Another lawmaker disputed Chu's claim that his box is legal.

"It looks bad for Chu, trying to deceive the public about his use of a Ubox," Chen Po-wei said. "This is a man who has recently declared that he plans to run for KMT chairman, but he installs a Chinese-made device to watch pirated content, and other Chinese-produced programming."

Olympic Copyright Issues on Instagram

Earlier this week, Jamaican Olympic champion Elaine Thompson-Herah reported that her Instagram account had been suspended because she had shared video clips of her wins in the 100 and 200 meters.

Instagram said the suspension was due to copyright claims filed by the International Olympic Committee but later said the account had been reinstated and confirmed the suspension had been a mistake.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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