Torrentfreak: “Four ISPs Sued For Failing To Block Pirate Movie Sites” plus 1 more

Four ISPs Sued For Failing To Block Pirate Movie Sites

Posted: 30 Aug 2014 01:39 AM PDT

Favorable rulings in both the European Court of Justice and the local Supreme Court earlier this year gave Austrian anti-piracy groups the power they needed to move forward on site-blocking.

What transpired was an attack from two directions. The first involved VAP, the anti-piracy association of the Austrian film and video industry. The second was launched by the local branch of IFPI, the International Federation of the Phonographic Industry.

In late July, VAP wrote to UPC, Drei, Tele2 and A1 with a request for the ISPs to block ThePirateBay.se plus streaming sites Movie4K.to and Kinox.to. Days later in a letter dated August 4, the IFPI asked five local ISPs to block access to four torrent sites – ThePirateBay,se, isoHunt.to, 1337x.to and H33t.to.

Unfortunately for VAP and the IFPI, the ISPs were going to need more than just a letter to begin censoring the Internet. By mid August, with their deadlines expired, none had initiated blockades. That led to threats of lawsuits from both anti-piracy groups.

With August now drawing to a close, VAP has made good on its word. CEO Werner Müller confirmed to German media that his organization has now sued four Austrian ISPs. Müller would not be drawn on their names, but DerStandard spoke with UPC and A1 who both confirmed receiving letters.

“[The decision on blocking] should be left to the judgment of a judge, since in a specific case the rights of Internet users and the movie / music industry can be weighed more,” said A1 spokeswoman Livia Dandrea-Böhm. “We will now take a position in the time allowed by the court. Thereafter, the judge has to decide.”

Of further interest is VAP’s decision to exclude The Pirate Bay from their legal action and only sue for blockades against kinox.to and movie4k.to. There are suggestions that this could prove an easier legal route for VAP as the local Supreme Court is already familiar with the operations of Kinox and Movie4K, sites similar in structure to the now defunct Kino.to, the site which originally prompted calls for blocks in Austria.

However, The Pirate Bay will not escape so easily. The IFPI will tackle the infamous torrent site alongside others including isoHunt.to, 1337x.to and H33t.to. The music group is expected to sue several ISPs to force a blockade, although papers are still being drawn up.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

Warner Bros. Sues New York Bar For Playing 80-Year Old Song

Posted: 29 Aug 2014 08:27 AM PDT

Many bars, pubs and restaurants like to entertain their guests with live music, with bands often playing covers of recent hits or golden oldies.

As with all music that’s performed in public, the bar owners are required to pay the royalties, even if there are just handful of listeners present.

Royalty collection agencies take this obligation very seriously and drive around the country visiting local bars and pubs to check whether they obey the law. Those who don’t usually get a bill in the mailbox, and if they refuse to pay up it gets worse.

Every year hundreds of small establishments are sued by copyright holders, often with help from performing rights organizations ASCAP and BMI. This week, Giacomo Jacks, a restaurant/bar from Amityville, New York, became a target.

The bar is being sued by Warner Bros. and Pure Songs for playing two songs without permission back in February. As they failed to secure the rights, Giacomo Jacks now faces a maximum of $60,000 in damages.

While these lawsuits are fairly common, the song over which Warner Bros is suing stands out immediately, as it’s more than 80 years old.

The song in question is the classic love song “I Only Have Eyes for You,” written by Harry Warren and lyricist Al Dubin and used in Warner Bros’ 1934 movie Dames. Since then it has been covered dozens of times, including the well-known Flamingos version.

I Only Have Eyes for You (1934)

In the lawsuit Warner Bros. claims to have been severely harmed by the public performance in the Amityville bar, for which it demands proper compensation. Since the actual damage can’t be calculated they ask for up to $30,000 per infringement.

"The said wrongful acts of the Defendants have caused and are causing great injury to the Plaintiffs, which damage cannot be accurately computed, and unless this Court restrains the Defendants from the further commission of said acts, said Plaintiffs will suffer irreparable injury," the complaint (pdf) reads.

While Warner Bros. appear to be on sound legal ground (the song’s copyright only expires after 95 years) suing a small local business over a 80-year old song is not the best PR. That said, considering previous cases that dealt with the same issue, Giacomo Jacks will most likely lose the case or end up paying a hefty settlement fee.

Meanwhile, various unauthorized copies of the track are played hundreds of thousands of times on YouTube and elsewhere.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.