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Describes a seemingly systemic disregard for state licensing requirements

Litigation blog Recording Industry vs. the People caught wind of an unlicensed investigator complaint Tuesday, filed against the RIAA’s favored P2P investigator MediaSentry. Filed by attorneys at Central Michigan University, the complaint alleges that MediaSentry both advertises and conducts investigation services for the RIAA and its lawsuit campaign, without appropriate licensing.

The complaint (PDF), originally filed on July 11, is only the latest turn of events for a company constantly defending itself against unlicensed investigator claims. Early last July the MediaSentry attempted to justify its work – which seems to consist mainly of recording usernames and IP addresses of copyright infringers on P2P networks – by claiming that it draws from publicly available sources, and is therefore exempt to the regulation requirements found in its home state of Michigan.

CMU seems to see things differently though, and its complaint points cites both MediaSentry’s advertising literature and the RIAA’s legal briefings as indicative of the company’s licensing requirement.

“Media Sentry, Inc, which promotes and advertises its expertise and qualifications as an investigative agency, was specifically hired by the [RIAA] to investigate suspected instances of copyright violations taking place within the state of Michigan and including CMU,” wrote the anonymous CMU attorney.

The complaint goes on to point out declarations used in RIAA lawsuits in Michigan courts, all of which consisted of “John Doe” lawsuits designed to subpoena ISPs for a suspected infringer’s identity.

Additionally, MediaSentry’s woes stretch beyond the state Michigan. The company was ordered earlier this year to cease and desist by Massachusetts State Police after Boston University students decided to fight their subpoenas. CMU’s complaint notes that MediaSentry’s actions sparked regulatory inquiries in Florida, Texas, Oregon, Michigan, Massachusetts, Maine, North Carolina, and Arizona – and that it has ignored “cease and desist” orders from both Massachusetts and Maine police.

While neither MediaSentry’s nor SafeNet’s websites describe its services as investigatory, advertising copy on the SafeNet websites lists a number of “intelligence services,” including “notification services” that assist business owners with anti-piracy initiatives. Copies of the website furnished by CMU attorneys, however, show that the company previously advertised its knack for “Investigating Piracy of Intellectual Property,” promising clients that its “investigation service” offers the “most advanced scanning techniques available.”

Michigan law defines a number of protected activities that require an investigation license. These requirements include any business or individual, who for a “fee, reward, or other consideration,” conducts an investigation for the purposes of obtaining a person’s identity or activities, or for securing evidence to be used before a court, among other things.



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I spy with my little eye...
By chmilz on 8/5/2008 7:04:00 PM , Rating: 5
An ever-growing flood of resentment and backlash to anything and everything "anti-piracy". Piracy is wrong, but the more it's crammed down our throats, the less anyone cares.




RE: I spy with my little eye...
By Orbs on 8/5/2008 7:19:33 PM , Rating: 5
The more you tighten your grip, Tarkin, the more star systems will slip through your fingers.


RE: I spy with my little eye...
By HsiKai on 8/5/2008 7:26:27 PM , Rating: 2
The movement against "anti-piracy" is going to be the next big thing, maybe take the place of what open source should have been, and stimulate our youngest generation.

With any luck this new champion of "love and peace" might influence out own domestic policy as well as our foreign policy. I hope they start with the ISPs, first.

Speaking of which ... http://news.slashdot.org/news/08/08/05/220229.shtm...

With respect to your comment that people don't care ... yeah, they don't. But once it starts affecting them personally they'll take notice. For instance, anyone with a restrictive ISP or anyone who has ever bought an audio CD.


RE: I spy with my little eye...
By Frallan on 8/6/2008 3:46:39 AM , Rating: 5
[RANT]

Ohhh so true - up untill 3.5 yrs ago I bought my music. Then I bought 9 CD for a drive... In the car it all went well but when i got home and wanted to play the things on my computer...

2 of the CD installed a player without asking - the player did NOT support my 5.1 speakersystem
2 of them wouldnt play at all.

Then when i tried to convert em for my MP3-player well Im sure you can guess...

Since then I have not spent a dime on music and I will not until there is no more DRM on it and even then SONY will has to apologize to its customers before I purchase any music in any format from them.

For me this has become a matter of principle and in the end they will loose not bc Im doing it but bc they will soon have pissed a too big part of thier customers off.

my 0.02€

[/RANT]


RE: I spy with my little eye...
By nafhan on 8/6/2008 8:14:50 AM , Rating: 3
I've been very happy with Amazon MP3. 256 kilobit MP3 without watermarking or DRM. Not sure if it's available in euroland, though.


By Chemical Chris on 8/7/2008 12:14:38 PM , Rating: 2
Agreed, 100%
I just refuse to pay for music or movies as the actions taken by the MAFIAA are so abhorrent that I can not in good conscience allow any of my money to end up in their pockets. Not to mention their oft-inferior products (CD's suck, I want all my music in 96khz/24bit, not this 44.1/16 nonsense theyve had for (over?) ~25 years now.
I still refuse to buy digital music, (for reasons mentioned above), also because it is often possible to find more/better quality from the 'pirate' sources. There is still no attractive legal option for music/movies, IMO.

PS, I still buy music, but I buy second-hand records (vinyl, 33's), as no money goes to the MAFIAA, just the local store, and the music sounds better (richer and softer, but not as crisp.....its a matter of taste, i guess)

ChemC


RE: I spy with my little eye...
By EricMartello on 8/5/2008 7:42:58 PM , Rating: 4
quote:
An ever-growing flood of resentment and backlash to anything and everything "anti-piracy". Piracy is wrong, but the more it's crammed down our throats, the less anyone cares.


Let's be clear here:

Piracy IS NOT wrong.
Piracy IS illegal.
Illegal does not equal wrong.

Furthermore, it's highly debatable about what actually constitutes "piracy". P2P networks? Sites like Youtube? I don't think so. Piracy and all this IP-related litigation needs to be trimmed down.

If someone is not directly profiting from another person's or company's intellectual property, then I don't think the law should ever come into play. The so-called 'anti piracy' movement being brought on by RIAA/MPAA is a complete farce based fully on speculative data.

If you cannot establish concrete dollar figures to show what you have "lost" as a result of piracy, it should never see the light of day in court - period. Saying "We lost billions of dollars in possible sales..." is not a basis for concrete monetary damages.

Sharing does not equal piracy.

People sharing media with other people has been going on since humans have existed, and it's not going to stop. Before there was the net people would share among their friends...now the net just extends the reach, but he concept is the same.


By Crank the Planet on 8/5/2008 8:02:49 PM , Rating: 2
Here Here! The RIAA is nothing less than a middleman. They are trying to stay alive and stop the momentum of freedom and independence from their business model. If artists sell their music directly the RIAA will cease to exist. RIAA = SCO Linux- LOL. If artists sell their CD's at a reasonable price without using the RIAA they will sell more CD's and take home almost all the profits. If people like your music it will spread by word of mouth and that's advertising you can't beat. BTW isn't that how the Beatles became so popular?


RE: I spy with my little eye...
By oopsie on 8/5/2008 9:43:59 PM , Rating: 2
Of course it's wrong to distribute another persons work for free, if the rightful creator is trying to sell that work.

It might be great to download everything for free but that doesn't make it right. At least accept that it's wrong, even if the small scale damages may be minimal.


RE: I spy with my little eye...
By WTFiSJuiCE on 8/6/2008 12:20:59 AM , Rating: 4
Yeah, i'm still waiting for god to strike me down w/ a bolt of lightning for that bible someone gave me for free a while back.

The rightful creator sold a copy of their work to a customer. They are taking a risk in order to gain profit by putting their work in someone else's hands in exchange for money.
They cannot stop someone from doing whatever they want with the copy that they rightfully sold them as long provided the customer themselves do not profit from it. The customer bought the rights to do what they want with that particular copy and the creator's rights to object are forfeit with the exchange of money.

It may be wrong or not "nice" but then again, that's not the world's concern.

You may not like the truth, but then again you're free to go cry in a corner.


RE: I spy with my little eye...
By mindless1 on 8/6/2008 2:24:14 PM , Rating: 2
It's not that simple. If after selling one copy the buyer has the option to give it away for free to everyone, we could have no content creation professions since nobody would pay enough for the one copy to fund the arts. Even if you feel that you see a loophole through the copyright laws that would allow this, it is better to find solutions rather than make the restrictive copyright laws even moreso which is what will happen if both sides don't concede the works have value, even if they've become overpriced in today's changing market.

There has to be a middle ground. I'm not sure what it is but it definitely starts with not making offenders pay more than the fine for other minor infractions like speeding. It definitely shouldn't include many of the tactics used by the RIAA et al. It definitely shouldn't include a music tax on everyone since there are differing levels of consumption.


RE: I spy with my little eye...
By WTFiSJuiCE on 8/6/2008 6:16:44 PM , Rating: 2
OH of course its not that simple, I mean if people stopped paying for other people's inventions then noone would invent anything because...who wants to invent things solely for the benefit of mankind? Even if many people download or copy or whatever it for free, its not everyone and there are some people who do wish to have their own original "copy". People have been sharing information, technology, and items in general for a hell of a lot longer so in reality, aside from giving credit to the inventor, noone really cares about IP.

It may be your Intellectual property, but then again, you SOLD your IP in the form of a physical product and that means that when you are compensated for that one product, what is done with that "one" product is none of your concern; even if that means that people can get copies of that "one" product, that you sold someone else for money, for free. To think that the inventor can tell the consumer what they can and can't do with a product that they purchased is ludicrous and dangerously close to tyrannical.

Here's a situation: Person A picks up a peculiar looking stick and for reasons unknown, bangs it against a hollow log and says "OMG, musak!" He names the stick something like..."musakmaker" and sells it to person B for whatever equals value in this world. Person B takes the stick, walks up to person C and beats him to death with it. Person B then breaks the stick in half and gives the new half to person D, who also uses it to beat person E to death. Well person A sees it not being used as he/she/it had intended it to be used so they ask for it back.
Person B and D can tell him to piss off because he doesn't own that physical item any more...or they could possibly beat him to death with it.

The idea of IP has sadly become so bloated and warped to the point where the RIAA reminds me of sh*t like skynet where if u don't use their product the way they want, they send a terminator after you. Hey, maybe that's why they hate John Connor so much...He uploaded the soundtrack to Terminator 2 to th interweb as a torrent...my god it all makes sense now.


RE: I spy with my little eye...
By JustTom on 8/7/2008 12:51:03 AM , Rating: 2
quote:
Here's a situation: Person A picks up a peculiar looking stick and for reasons unknown, bangs it against a hollow log and says "OMG, musak!" He names the stick something like..."musakmaker" and sells it to person B for whatever equals value in this world. Person B takes the stick, walks up to person C and beats him to death with it. Person B then breaks the stick in half and gives the new half to person D, who also uses it to beat person E to death. Well person A sees it not being used as he/she/it had intended it to be used so they ask for it back.


I want what you've been smoking... or maybe I don't.


RE: I spy with my little eye...
By Alexstarfire on 8/7/2008 5:47:48 AM , Rating: 2
ONCE AGAIN: "YOU ARE NOT PURCHASING THE ACTUAL IP, YOU ARE PURCHASING A LICENSE."

You people honestly need to learn to read more... especially EULAs. True, they may not hold up in court, but they spell out things pretty clearly.


RE: I spy with my little eye...
By JonnyDough on 8/7/2008 8:06:24 AM , Rating: 2
You are perfectly right.

Intellectual property = rights to copy and distribute the song.

Piracy = no contract that says you own the song.
Buying a CD = no contract that says you own the song. You are buying the ABILITY to PLAY and LISTEN to the song, but not copy and distribute it for profit.

The whole piracy issue really came about because of a fuzzy line. Is giving it freely to strangers the same as selling it for a profit? Regardless, the people hurt by you doing so are the ones who might have sold it for a profit, had you not given it away to everyone. Peer to peer isn't really unjustifiable, but it isn't like you don't know that you're hurting the company or artist...

It comes down to honoring someone's work. If you don't have honor, then I guess you just weren't raised in a very good home. I was taught to acknowledge people and treat them with respect. Apparently many Americans (and Chinese) are not taught this. We have two choices in life, we can either all fend for ourselves (crappy) or we can learn to work and live together in harmony. Pirates are those that would prefer anarchy. In fact, that is exactly who began piracy. Young, pot smoking, heavy metal computer geeks with nothing better to do but "stick it to the man." While I have my qualms with government, I still abide by certain laws and a pretty good set of personal beliefs.

I wish everyone else could do the same and realize that we're all in this world together. We need to be teaching our children that respect is important, and how to CONSTRUCTIVELY question authority instead of how to just create more societal problems.


By Alexstarfire on 8/7/2008 9:35:27 AM , Rating: 2