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Special/Investigative Report
1.ES5
With all the tension surrounding the RIAA's terrorist attacks of its own customer base with law suits of copyright infringement, EarthStation5 is just in time . ES5 is a new P2P file sharing software that has been built with your privacy and security in mind. If you have been looking for a way to protect your privacy and keep the prying eyes of the RIAA and MPAA out of your business then you will want to check out ES5.

Copyright in a Post-Napster World

"One of the original objectives of the [US] Constitution was to encourage innovation by providing creators exclusive rights for limited times."

But, "This objective has been subverted to the extent that the DMCA’s [Digital Millenium Copyright Act] anti-circumvention provision and copyright term extensions can stifle legitimate and desirable innovation and improvement or creation based on pre-existing works."

"As digital media distribution schemes mature, the extraordinary amount of control within reach of the copyright holders and content companies is likely to be augmented from an unlikely legal quarter: contract law."
(Read More)

Are Swappers scared of the RIAA?

"The recording industry's legal efforts may be putting a dent in file swapping, according to a new report from The NPD Group."

"NPD defined music acquisition as obtaining songs through paid sites, ripping CDs and file swapping sites. Of the three categories, file swapping accounted for about two-thirds of all music acquired during the three months. The company said it would break out more detailed statistics for the different categories in future studies."

"Recently, however, the RIAA seems to have curbed some of its efforts amid bad publicity and questions from federal lawmakers about the issue. Now the group is saying it will only go after people who trade a "substantial" amount of music."
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RIAA, MPAA appeal against 'Grokster is legal' ruling

"The Recording Industry Ass. of America (RIAA) has launched its appeal against an April US District Court ruling that the Grokster P2P media-sharing network does not infringe copyrights just because its software may allow users to do so."

"Rosso's opposite number at Streamcast, Michael Weiss, responded to the new RIAA, MPAA and NMPA action by re-affirming Judge Wilson's initial verdict and promised to take the case to a higher court if necessary."

"We expect to prevail and if we do not, we will take this to the Supreme Court if we must," he said.

"Weiss himself has proposed solutions to the music and movie industries' beef with the P2P community: compulsory royalties like those paid by broadcasters or even levies on recording media which would be passed on to artists. Such taxes are levied in many European countries."
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Music Parody Site Pulls the Plug

"Nothing can deflate a joke faster than the threat of a lawsuit."

"In the case of parody website DontBuyMusic.com, a cease-and-desist notice forced the site to go offline last Friday. [Editor's note: DontBuyMusic came back up Wednesday morning. The site has been altered to comply with BuyMusic.com's legal demands."

"DontBuyMusic.com's argument that the fair use doctrine applies is supported by the fact that (1) their site was commenting on, or poking fun at, BuyMusic.com's site," she said. "And (2), the site was not a commercial site, so there is no argument that they used BuyMusic.com's material to sell their own product."
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RIAA Subpoenas and the Final Failure of the DMCA

"I think one point about the RIAA’s (Recording Industry Association of America) attempt to sue everyone in sight needs to be emphasized. In filing thousands of subpoenas trying to force ISPs to identify customers who may have pirated music, the RIAA has demonstrated beyond one thing: the DMCA (Digital Millennium Copyright Act )has absolutely and completely failed in its purpose."

"Ultimately, we will probably owe the RIAA a debt of thanks for what it’s done here. DMCA or no DMCA, it’s clear the RIAA legal strategy will itself ultimately fail to thwart peer-to-peer technology. But in forcing ISPs to take sides against them -- not to mention millions of Americans who must worry if they or their children are one of the subpoena targets -- the RIAA is actually helping highlight the DMCA’s failure. Even Congress must soon come to understand had badly its purposes have been perverted by the Digital Millennium Copyright Act and those who make use of it."
(Read More)