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Filed under: Misc. Gadgets

We always thought that the RIAA’s first-ever filesharing trial victory against Jammie Thomas was a little suspect since the labels weren’t required to prove that Thomas even had Kazaa installed on her machine or was the person using the account in question, and it looks like the court agrees — it’s just declared a mistrial and set aside the $222,000 judgment on the grounds that simply making copyrighted works available for download does not constitute copyright infringement. That’s a huge decision — the “making available” theory is the basis for most of the RIAA’s legal arguments — and it means that the RIAA will now have to prove the unauthorized transfer of each song it wants to collect damages on at the new trial. We’ll see what effect this has in the broader sense — we’ve got a feeling we’re in for a slew of appellate decisions on both sides of the “making available” debate — but for now it looks like the good guys are finally starting to score some points.

[Via ZDNet, thanks JagsLive]

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Read - Decision [PDF]

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Source: Nilay Patel

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Filed under: Home Entertainment, Portable Audio

It has been a solid tick since we’ve seen a good FairPlay hack, so it’s with great pleasure that we pass along El Tunes for Ubuntu 8.04 users everywhere. Tested to work on Hardy Heron using RhythmBox (but assumed to work on any modern Linux Distro with GStreamer and a media player that utilizes GStreamer), said plug-in enables open-source aficionados to play songs purchased from the iTunes Music Store. As for limitations, the current version has no Pause / Seek support and cannot de-authorize a machine for playback, but a future version should hopefully cure those two quirks and add support for purchased video content and audio streaming to an AirTunes device. Give it a shot and let us know how it treats ya.

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Source: Darren Murph

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Filed under: Features

Know Your Rights is Engadget’s new technology law series, written by our own totally punk copyright attorney Nilay Patel. In it we’ll try to answer some fundamental tech-law questions to help you stay out of trouble in this brave new world. Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.

Preface: There’s been a lot of discussion about the RIAA’s, shall we say “controversial” (and we’re being generous here) tactics in suing P2P users who download copyrighted content; especially this week, what with the EFF releasing its “RIAA v. The People: Four Years Later” report. But it’s never been easy to find information about the nuts-and-bolts of what happens when you get that first letter from the RIAA. We’re not going to get into our feelings about the RIAA and MPAA (you probably already know what we think), but since we’ve (read: Nilay) been involved in a couple successful defenses — and a lot of unhappy settlements — we thought we’d try and break down the process for you. We’re not telling you how to avoid or get out of trouble with the RIAA, just how it is that trouble usually operates.

Help! I’m being sued by the RIAA!

Wow, bad luck for you. The RIAA really only sues about 6,000 people a year, mostly those who use FastTrack clients like Kazaa. Users of other networks have been sued, of course, but it’s by far Kazaa users who get sued the most often, and generally those who have been unknowingly sharing files. That’s a drop in the bucket compared the to estimated nine million people who use P2P software every month.Continue reading Know Your Rights: What to do when the RIAA comes calling

 

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Source: Nilay Patel

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