Internet, recorded music
Following news that the BPI was taking a case to criminal trial involving the pair behind Dancing Jesus website, the second defendant involved has pleaded guilty to illegally distributing music. Richard Graham, of Leicestershire, originally entered a not guilty plea, but changed it earlier this week after seeing the evidence against him being presented to the judge and jury. His guilty plea follows that of Dancing Jesus’ owner Kane Robinson, of South Shields, who entered his guilty plea in January this year.
The UK-based website was taken offline in 2011 after US Homeland Security seized the server on which it was hosted. City Of London Police arrested both the site’s administrator and one of its most prolific uploaders, known as Trix. Although initially subject to a police enquiry, the case was brought as a private prosecution by the BPI on behalf of the recorded music industry at Newcastle Crown Court for the illegal distribution of music via an internet.
Commenting on the investigation, the director of BPI’s Copyright Protection Unit, David Wood, said: “This case is significant. The guilty verdict confirms that posting illegal online links to music is a criminal offence, which economically harms musicians and the labels that support them. A previous case against the organiser of file sharing site Oink on charges of conspiracy to defraud failed, although the numerous web-blocking injunctions secured in the English courts since the Oink case confirm that authorising infringement does apply to file-sharing websites under UK law
In Germany Uploaded.net has been found liable for not deleting copyright content in a timely manner. Anti-piracy company Pro-Media informed the file-host of the infringement via a ‘takedown’ email, but Uploaded claimed not have been aware of the notice. A notic detailing infringing URLs on the file-hosting site was sent to the given abuse contact of the site,” Mirko Brüß, a lawyer with record label law firm Rasch Legal, told TorrentFreak. However, three days later the album was still being made available so the lawfirm sent Swiss based Uploaded an undertaking to cease and desist. When the file-hosting site still didn’t respond, Rasch Legal obtained a preliminary injunction against Uploaded.
The Regional Court of Hamburg has now ruled that Uploaded is liable, even if no notice has been viewed. The Court followed our reasoning, meaning it is sufficient that the file-hoster actually receives the notice in a way that you can expect it to be read under normal circumstances.