Thursday, November 04, 2010

RIAA super settlement illustrates copyright shakedown dangers; More info on who can become a "copyright agent" for DMCA safe harbor purposes

Ben Sheffner’s “Copyrights & Campaigns” blog reports a whopping judgment against Jammie Thomas-Rasset in Brainerd, MN, of $1.5 million in an RIAA KaZaA-downloading case. And she had refused to settle as she denied doing the downloading. The case, although in an older set of infringement cases (RIAA), illustrates the perils of the “shakedown” approach in copyright litigation. The link is here.

David Kravets has a “Threat Level” on “Wired”, “The $105 fix that could protect you from copyright troll lawsuits”, link here.

Kravets says that the requirement for becoming eligible to register as a copyright agent is to run a “blog or community site that accepts user content”. I was under the impression that you also had to run the Internet connection, like an ISP. I’m not sure if accepting monitored comments would qualify as “user content”. Maybe if you have a blog that lets others post (does it have to be open to anyone to register?) you can register even if you use shared hosting. I’m still checking into this.

Also, notice that Electronic Frontier Foundation has filed at least two countersuits in the Righthaven mess, for the Democratic Underground and now for the Thomas DiBiase case dealing with the “no body unsolved cases” blog.

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