Thursday, August 4, 2022

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Charter Settles Piracy Liability Lawsuits With Major Record Labels
Ernesto Van der Sar, 04 Aug 10:52 AM

In March of 2019, several major record labels sued Charter Communications, one of the largest Internet providers in the US with 26 million subscribers.

Helped by the RIAA, Capitol Records, Warner Bros, Sony Music, and other music companies 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 was liable for both contributory infringement and vicarious liability.

Charter's Piracy Troubles Grow

The lawsuit was followed by another complaint last year alleging that, despite repeated warnings, the ISP was still failing to take action against pirating subscribers. This new lawsuit covered the infringements that took place after the first case was filed.

"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 music companies wrote.

The stakes are high in these cases as damages can easily reach hundreds of millions of dollars. This isn't just a theoretical figure either, as a jury previously ordered rival ISP Cox Communications to pay a billion dollars in a similar case.

Adding to Charter's trouble was the fact that its daughter company Bright House Communication was also sued separately. This case was scheduled to go to trial but was settled at the last minute, as reported earlier this week.

Charter and Labels Settle Lawsuits

As it turned out, Bright House wasn't alone in settling its dispute with the labels. Around the same time, Charter also reached an agreement with the music companies, settling both cases on undisclosed terms. This means that three high-profile piracy liability lawsuits were resolved in one week.

There is not much information available on the terms or the reasons for the settlements. The court filings are rather brief and simply notify the court that a deal has been reached, which is required under the court's local rules.

"Pursuant to Local Civil Rule 40.2(b), the Parties hereby notify the Court that they have resolved the above-captioned action," both parties write.

charter settle

We reached out to Charter to find out more about the reasons for and conditions of the settlement but the company did not reply. The RIAA previously informed us that it is unable to comment on this particular matter.

Absent a last-minute breakthrough, it seems plausible that Bright House and Charter have agreed to pay a settlement fee to get the cases over with. However, this can't be confirmed based on information that's available to the public at this time.

If any new information surfaces, we will update this article accordingly. The settlement notifications in both Charter cases are available here (1/2).

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

Twitch Falsely Flags Project Zomboid's In-Game Siren as Copyright Infringement
Ernesto Van der Sar, 03 Aug 07:32 PM

zomboidOver the years, Twitch streamers have been increasingly targeted by DMCA takedowns, which can cause quite a fuss.

Many of these copyright complaints are legitimate, meaning that streamers use copyrighted content without permission. However, there are plenty of mistakes too.

This week, a group of popular Spanish-speaking streamers organized a gaming event featuring "Project Zomboid". This is a big deal for the indie game but, unfortunately, it was partly ruined by what appears to be a false copyright claim.

Twitch Flags Copyrighted Siren

The issue was first raised by Menos Trece, who has over a million subscribers on Twitch and over two million on YouTube. After streaming Project Zomboid gameplay to tens of thousands of viewers, Twitch informed him that he had broadcasted copyright-infringing audio.

As it turns out, there was no problem with copyrighted music. Instead, a police or ambulance siren sound effect used in the Project Zomboid game was the culprit. This sound was claimed by an entity named "Dr. Sound Effects," who apparently own the rights to a police car siren.

takedown

In response to this claim, Twitch muted portions of the stream's audio, which is still the case to this day. Needless to say, Menos Trece wasn't pleased with the surprise claim and the associated copyright strike.

Copyright Troll?

The Indie Stone, who develop Project Zomboid, are not happy either. The indie developers swiftly responded to the issue on Twitter, suspecting that a "copyright troll" may be the culprit.

"Abuse of copyright system, copyright trolls have likely copyrighted a siren sound and this is likely picked up in a ton of games. Not much we can do about it really beyond make the siren not sound like a siren any more but we're looking into it," the developers tweeted.

indie store tweet

There is no evidence that this is a deliberate mistake. However, The Indie Stone confirmed that they own the rights to the sound effect and urged Twitch to correct the error. At the time of writing that hasn't happened yet.

Menos Trece can still appeal the false claim as well, but that means sharing all sorts of private details with the streaming platform. In addition, it may open the door to a lawsuit in the US.

"To make a simple dispute, Twitch asks you for ALL your personal data and 'threatens' that you could go to court in the USA," the popular gamer comments on Twitter.

Not The First Time

Unfortunately, these sound effect takedowns are not new. Similar problems have come up in the past with other games and Project Zomboid's creators are familiar with it as well.

Earlier this year The Indie Stone reached out to Twitch, hoping to find a solution but the streaming platform wasn't very helpful. Twitch uses the third-party filtering tool Audible Magic to spot infringements and can't easily make changes to that. Instead, it advised affected users to challenge the takedown.

twitch-responds

In other words, instead of fixing the problem, developers and streamers have to find a way to deal with it. That's a convenient solution for Twitch, but a major frustration to the people who made the platform as popular as it is.

Avoid Sirens Please…

The Indie Stone is actually considering changing its siren sound effects to something that doesn't sound like a siren to avoid false copyright strikes. In the meantime, they advise streamers to avoid police cars and ambulances.

"The Twitch copyright trolls have struck again, claiming ambulance sounds in the game – we're looking into a streamer mode that will turn sirens into unconvincing synth sirens to stop this happening. Twitch need to have some exemption list or something.

"I'd stay away from police or ambulance sirens in the meantime till we get the streamer mode in," the developers add.

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

 
 
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