p2p file sharing Archives

Was the $675,000 damage award against Joel Tenenbaum for file sharing excessive?

Was the statutory damages award of $675,000 against Joel Tenebaum for downloading and distributing 30 music files over peer-to-peer networks excessive? Did it violate US due process? According to a decision released by a U.S. District Court yesterday in the Sony BMG Music Entertainment v Tenebaum 2012 WL 3639053, (D.Mass., Aug. 23, 2012) case, the answer to both questions is no.

After a five-day jury trial, the jury found that Tenenbaum’s infringement was willful as to each of the thirty sound recordings in issue, and returned a verdict within the US statutory range of $22,500 per infringement, for a total damages award of $675,000.

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The Andersen P2P file sharing study on the purchase of music CDs in Canada

In 2006, the highly regarded economics professor Prof. Liebowitz, Director of the Center for Economic Analysis of Property Rights and Innovation at University of Texas, surveyed the entire field of econometric studies on file sharing. On the basis of his comprehensive review (which displayed a remarkable consensus on the issue), he concluded that “file-sharing has brought significant harm to the recording industry”. Prior to that in a comprehensive article published in 2005 Prof. Liebowitz criticized the theory that unlicensed file sharing helps copyright owners.…

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P2P file sharing hurts music sales in Canada, study finds

Does P2P file sharing negatively affect legitimate music purchases in Canada? Does the availability of music for downloading from illegitimate P2P sources act as a substitute for legitimate music purchases? Would stronger copyright laws increase music purchases in Canada? Would it also increase artist incomes, industry employment and tax revenues in Canada?

The answers to all of these questions is yes according to a recent study published by Dr George Barker, the Director, Centre of Law and Economics, at ANU College of Law, Australian National University.…

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New Zealand passes law to reduce online file sharing

New Zealand just enacted legislation that puts in place a three-notice regime to deter illegal file sharing.

The three-notice regime involves ISPs sending warning notices to their customers informing them they may have infringed copyright. The legislation extends the jurisdiction of the NZ Copyright Tribunal to provide an efficient, low-cost process to hear illegal file-sharing claims. The tribunal will be able to make awards of up to $15,000 based on damage sustained by the copyright owner.

The bill includes a power for a district court to suspend an internet account for up to six months, in appropriate circumstances.…

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Rethinking notice and notice after C-32 (now C-11)

Canada’s last three copyright bills, C-60, C-61 and C-32, attempted to curb illegal online file sharing by requiring ISPs to forward notices of claimed infringements to customers. Canada’s ISPs had advocated for this “notice and notice” process claiming it was effective. However, they never produced any empirical evidence or studies to back up their claims.

On March 22, 2010 – before the federal election was called- TELUS, Bell and Rogers appeared before the Special Legislative Committee studying Bill C-32. The ISPs continued to endorse notice and notice asking that this process be formalized in C-32.…

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iiNet court backs reasonableness of graduated response to stop illegal file sharing

Last week the Australian Full Court released its decision in the landmark case Roadshow Films Pty Limited v iiNet Limited, [2011] FCAFC 23. The Australian appeals court by majority dismissed the appeal from the decision of the primary judge who had held that iiNet, an ISP in Australia that had not acted on any information provided to it by copyright owners, was not liable for authorizing the copyright infringement of its subscribers who had used its facilities to engage in unlicensed peer to peer file sharing.…

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