June 20, 2003

2003 June 20 [6:51 am]

(entry last updated: 2003-06-20 08:42:39)

  • Donna’s got more on the Senate’s reactions to file sharing; this time it’s John McCain.

  • Radio & Records is trumpeting the results of a contract study asserting that downloading is the root of all the industry’s woes, as well as showing that the industry’s information campaigns are leading to more converts: Why Are Music Sales Falling? Downloading (alternative site). Conducted by Edison Media Research, this will the the third such National Record Buyers Study: NRBS 2 (summary)

  • It’s official, now: ‘Pirates’ told to pack it in - RIAA/RIAA warns individual swappers; now that the names have been handed over and action started, how long before the RIAA lawyers assert mootness in further appeals, regardless of the earlier claims - from this opinion (page 46):

    Verizon also contends that it will be irreparably harmed absent a stay because the revelation of its subscriber’s identity would moot the appeal and deprive Verizon of its statutory right to further judicial review. See Center for Int’l Envtl. Law v. Office of U.S. Trade Rep., 240 F. Supp. 2d 21, 22-23 (D.D.C. 2003) (”defendants have made a strong showing of irreparable harm because disclosure of the documents in question will render any appeal moot”); Center for Nat’l Security Studies v. United States Dep’t of Justice, 217 F. Supp. 2d 58, 58 (D.D.C. 2002) (granting stay of disclosure order in FOIA case where compliance with order “would effectively moot any appeal”). RIAA counters that effective relief could still be granted and that the case falls within the “capable of repetition yet evading review” exception to mootness. RIAA has stated, moreover, that it will not argue mootness on appeal. Hearing Tr., Mot. to Stay, 02-MS-0323 (Feb. 13, 2003), at 44.

  • An interview with RealNetworks’ Rob Glaser on their online music business: The Sound of Stolen Thunder

  • A Slashdot report makes some interesting allegations: Senator Orrin Hatch a Pirate? based on the Wired News report, Orrin Hatch: Software Pirate? where we find:

    The senator’s site makes extensive use of a JavaScript menu system developed by Milonic Solutions, a software company based in the United Kingdom. The copyright-protected code has not been licensed for use on Hatch’s website.

    “It’s an unlicensed copy,” said Andy Woolley, who runs Milonic. “It’s very unfortunate for him because of those comments he made.”

    [...] However, by Thursday afternoon Hatch’s site had been updated to contain some of the requisite copyright information. An old version of the page can be seen by viewing Google’s cache of the site.

    “They’re using our code,” Woolley said Wednesday. “We’ve had no contact with them. They are in breach of our licensing terms.”

  • From today’s USA Today on the influence of fans on The Hulk: Fans have the muscle to shape the movie [pdf]

    “I used to hate the Internet,” [Marvel studios chief Avi] Arad says. “I thought it was just a place where people stole our products. But I see how influential these fans can be when they build a consensus, which is what we seek. I now consider them filmmaking partners.”

    [...] Analysts say a handful of self-professed film geeks not only influence how well a movie does; some also affect the way the films are made. Liv Tyler’s character was cut from a scene in the second Lord of the Rings after thousands of online fans protested the original script, which had her character appearing in a battle that she was not part of in the books.

    And when Arad decided to give last year’s Spider-Man organic web shooters instead of the man-made devices his alter-ego, Peter Parker, used in the comic book, he had to plead his case to the Internet community to stop a revolt.

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