Tag Archives: P2P

Shocking Surprise! P2P users in a Bit Torrent are not in a conspiracy

2 Apr

Fluffeh writes “Judge Holderman ruled against copyright holders who were trying to paint a rather distorted picture. They sue just one Internet user, but use that lawsuit as a pretext to subpoena other defendants who had participated in the same BitTorrent swarm. The plaintiffs in these lawsuits claim that the other users had participated in a “conspiracy” to assist one another in distributing particular copyrighted works. Because the copyright holder’s threat is based on the cost of litigation (and risk of public embarrassment —as this is a tactic used increasingly by the pron industry) more so than the damages a defendant would face in the event of a loss, innocent defendants have virtually as much incentive to settle as guilty ones do. That’s not how things are supposed to work, and more and more judges are refusing to play along. Coupled with recent rulings in Florida, the copyright holders seem to be finding less and less favor with judges.

Hentes writes “France has one of the strictest anti-piracy laws. After 17 months of operation, Hadopi has released a report, claiming that illegal P2P downloads have been reduced significantly in the country: the studies they cite measured 43% and 66% decrease in copyright infringement. But that huge amount of ‘lost revenue’ doesn’t seem to show up in the French
recording industry, as the overall recorded music market decreased by 3.9% in 2011. Even more interesting is that digital music sales have skyrocketed in France. Could it be that it’s not piracy killing the traditional recording industry but strict piracy laws?”

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