MARCH 2007
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COPYRIGHT - Access Copyright Receives Full Restitution in Fraud Case March 14, 2007 The Ontario Superior Court has ruled in the case against two individuals who were charged earlier this year with defrauding Access Copyright, The Canadian Copyright Licensing Agency. In its judgment the Court ruled that restitution be made to Access Copyright for the full amount of the fraud that was committed. Access Copyright received this repayment within hours of the ruling. The suspected fraudulent activities were uncovered in 2005 by Access Copyright staff, and the police were contacted after a thorough internal review had been conducted. In May of 2006, following further investigation by the police, criminal charges were laid against a former employee and an individual not connected with Access Copyright. In determining that Access Copyright would receive full repayment, the Court noted the excellent work of Access Copyright's staff in investigating and compiling the evidence related to this case We are very pleased with this ruling and with the fact that the $61,000 that has been repaid can be returned to its rightful place in the repertoire pool and, from there, into the pockets of the affiliates to whom it belongs. We are also pleased with the response of our affiliates, who have helped us implement rigorous new procedures to help ensure this never happens again. In the plea bargain made by the Crown and the defendants in the case, the charges against the former employee were withdrawn in exchange for the full restitution of the defrauded amount. The other individual involved in the case received a sentence of three months house arrest and an eight month conditional sentence that will lead to a jail term of eight months if the individual does not abide by all of the conditions of the judgment.
BOOKS - Independent Publisher Book Awards -- for info visit Independent Authors and Publishers - IPPY Awards
INTERNET & COPYRIGHT - Viacom sues YouTube for $1 billion: Suit accuses Google of 'massive copyright infringement' of Viacom's entertainment assets. March 13 2007 (Reuters) -- Media conglomerate Viacom Inc. said Tuesday that it was suing Google Inc. and its Internet video-sharing site YouTube for more than $1 billion over unauthorized use of its programming online. The lawsuit, the biggest challenge to date to Google's ambitions to make YouTube into a major vehicle for advertising and entertainment, accuses the Web search leader and its unit of "massive intentional copyright infringement." Viacom filed the suit with the U.S. District Court for the Southern District of New York, seeking more than $1 billion in damages and an injunction against further violations. Viacom contends that almost 160,000 unauthorized clips of its programming have been uploaded onto YouTube's site and viewed more than 1.5 billion times. "YouTube's strategy has been to avoid taking proactive steps to curtail the infringement on its site," Viacom said in a statement. "Their business model, which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws." Viacom said its decision to sue Google followed "a great deal of unproductive negotiation" with the company
MUSIC & TRADEMARK - WHO OWNS THE NAME BLACK SABBATH 12mar2007 AP -- How do you promote a Black Sabbath tour when you're only allowed to mention the legendary Black Sabbath name in the fine print? Don't ask Ronnie James Dio, the singer for the current Sabbath tour because he's a bit foggy about the politics of the name game himself. When the pioneering heavy metal band touches down in Vancouver tomorrow at the Pacific Coliseum, they do so under the banner Heaven & Hell, which is the title of Sabbath's 10th album, released in 1980. That was the first Sabbath record in which Dio appeared as the lead singer, in place of the band's original vocalist Ozzy Osbourne. So why is the recently reunited Dio-led lineup touring now under the Heaven & Hell moniker? Many fans have speculated Ozzy's wife and manager, the ever brassy Sharon Osbourne, is to blame. After all, Ozzy's version of Black Sabbath has been headlining his summer Ozzfest tours since 1997, and because of that the Osbournes may be laying claim to the name. "As far as Sharon being the perpetrator of that, I would certainly not like to think so," says Dio. "I don't like to think that my life is predicated on somebody else's whims who has nothing to do with me." But Dio's not sure who has ultimate control of the Sabbath name. "I have no idea," says the five-foot-four singer with the colossal voice. "That seems to have been a point of contention for a long time. Who owns the name? Is it Sharon? Is it Ozzy? Is it Tony Iommi (guitarist for both Black Sabbath and Heaven & Hell)? I would think if Tony owned the name, we would be calling ourselves Black Sabbath, so maybe he doesn't." Given the recent Ozzfest tours, and the fact that Sabbath with Ozzy was inducted into the Rock and Roll Hall of Fame last year, Iommi and the band's bassist Geezer Butler felt like they wanted to make the new tour distinct from the other incarnation of Sabbath. "They wanted to carry on with something fresh and new," Dio says. "When they proposed (the band name Heaven & Hell), my initial reaction was, and still is, 'Well they're gonna call us f---in' Black Sabbath anyway, aren't they? You can call as the Boys in the Shed if you want to. It doesn't matter to me."'
MUSIC - RIAA urges downloaders to turn themselves in by Owen Praskievicz U-Wire 08mar2007 COLLEGE PARK, Md. -- The Recording Industry Association of America has an idea for university students who illegally download music: Sign a letter admitting their mistakes, make a plea-bargain with the multi-million dollar industry, then pay them an out-of-court settlement. Then maybe -- just maybe -- the college student will be lucky enough to avoid a lawsuit. In a new plan targeting college students, the RIAA said last week that lawyers had sent out 400 settlement offers to students through 13 universities across the country demanding settlement money for illegally downloaded copyright material. And although no students at this university were selected in the first wave of letters, the strategy signals an audacious and unprecedented approach by the industry to crack down on college students that could soon envelop students at this university. "There isn't a college student in America today who doesn't know that the online 'sharing' of copyrighted music is illegal," said RIAA President Cary Sherman in a recorded online news conference with college newspapers. "Yet, file-trafficking on college campuses remains extensive and disproportionately problematic." Sherman said the letters don't target any specific universities -- only students identified as prolific file-sharers. Ohio University appeared to get the worst of the RIAA's ire this time around -- 50 students there were asked to visit RIAA website and pay thousands of dollars to settle threats of impending lawsuits. RIAA lawyers targeted the top 13 universities who have received the most cease and desist warnings -- "nastygrams," as some critics call them -- ordering universities to shut down file-sharing hubs and warn students to stop downloading copyright material, according to documents provided by the association. With more than 300 warnings received here, this university ranked 26th in the country for most warnings sent, and could be targeted in a second wave of warnings. Typical copyright law provides for statutory damages ranging from $750 to $150,000 per work infringed, and RIAA General Counsel Steven Marks said the latest effort will likely rope in a record-high number of students. "In the three years since we first filed suit against a university network user, we have sued about 1,000 students," Marks said. "Under this new program, we will initiate legal action against a similar number of students in just three months." Sherman said the RIAA will only send the letters to the university, which it hopes will transfer the letters to the students. At this university, officials have already taken significant steps to placate the RIAA, including revising network guidelines that effectively shut down file-sharing hub Direct Connect last semester, commonly known as DC++, if only temporarily. But Office of Information Technology officials said last semester they would not defend students sued by the RIAA because it would conflict with the university's policy against file sharing, which they said is consistent with the law. OIT officials did not return calls for comment on this story. Marks warned that unlike lawsuits three years ago, the RIAA no longer targets only the most "egregious infringers" who store and share thousands of copyright files. "Today we do not have any minimum amount of files in order to move forward with a lawsuit," Marks said. "Students should understand that they are not anonymous when they use P2P services." Blogs and other student sites have blasted the RIAA's new policy, calling it extortion and saying it will trick some students from seeking out more viable alternatives to the settlement. The university's Student Legal Aid Office could not be reached for comment, but in the past it has sait it can only refer students to an outside attorney. "Frankly, we've found that students know that downloading from unauthorized P2P systems is illegal, but the chance of getting caught isn't great enough to discourage them from doing it," Sherman said. "By increasing the number of lawsuits, we're letting them know that the risk of getting caught is greater. That's also why we're bringing more lawsuits on a single college campus."
RADIO - Astral agrees to buy Standard radio stations - 05mar AP -- Astral Media Inc. said Friday it has signed a letter of intent and is in exclusive negotiations to buy Standard Radio Inc., Canada's biggest privately owned radio broadcaster. The acquisition, rumoured to be worth $1.3 billion, would make Astral the largest operator of radio stations in the country. The assets involved include Standard's 52 radio stations in 29 markets across the country, along with advertising sales company IMS, radio content provider Sound Source Networks, and two television stations in northern British Columbia. Astral did not disclose a probable price, but said the purchase would likely be transacted 80 per cent in cash with the rest in class A non-voting shares. Subject to a definitive agreement and regulatory approval, the deal would leave Astral Media, which currently has 29 radio stations in Quebec and the Atlantic provinces, with 81 stations nationwide. "With the acquisition of Standard Radio, Astral Media will not only be acquiring the best-performing radio stations in the country; we will at the same time acquire a company with similar values and culture," stated Astral CEO Ian Greenberg. Astral Media Inc. said Friday it has signed a letter of intent and is in exclusive negotiations to buy Standard Radio Inc., Canada's biggest privately owned radio broadcaster. The acquisition, rumoured to be worth $1.3 billion, would make Astral the largest operator of radio stations in the country. It also owns multiple stations in the Ontario cities of Hamilton, St. Catharines, Pembroke and London; two in Brandon, Man.; and 21 in small B.C. centres. The assets involved include Standard's 52 radio stations in 29 markets across the country, along with advertising sales company IMS, radio content provider Sound Source Networks, and two television stations in northern British Columbia. Astral did not disclose a probable price, but said the purchase would likely be transacted 80 per cent in cash with the rest in class A non-voting shares. Subject to a definitive agreement and regulatory approval, the deal would leave Astral Media, which currently has 29 radio stations in Quebec and the Atlantic provinces, with 81 stations nationwide. "With the acquisition of Standard Radio, Astral Media will not only be acquiring the best-performing radio stations in the country; we will at the same time acquire a company with similar values and culture," stated Astral CEO Ian Greenberg. "Over the past four decades, [Standard owners] the Slaight family has built a remarkable collection of strong radio brands and has contributed meaningfully in shaping the Canadian radio industry as we know it today. We are delighted with the prospect of welcoming Standard Radio's employees into our team." Standard Radio CEO Gary Slaight, son of Allan Slaight who built the company after buying it from Conrad Black's Hollinger group in 1985, said the family is "pleased to see our legacy live on with a company such as Astral that has such a strong track record and commitment to its employees and to the Canadian radio and television industries."Formal deal in March - Both sides said they would not comment further until a formal agreement is signed. Astral's vice-president of corporate communications, Alain Bergeron, said a firm deal is expected by the end of March. He refused to comment on the rumoured price. The agreement excludes other assets of Standard Radio parent company Standard Broadcasting Corp., including its stake in satellite radio operator Sirius Canada, a partnership with Sirius Satellite Radio of the U.S. and the Crown-owned CBC. Standard Broadcasting also has interests in e-commerce, videotape and DVD distribution, and internet radio portal Iceberg Radio. Standard announced a plan in May 2006 to spin off an income trust focused on its radio interests, but the idea was aborted in June amid a stock-market dip. Astral recently sought other acquisitions For Astral, the Standard Radio deal follows years of scouting for acquisitions, and coming up short in two recent deals. "I think they want to have a national footprint and Standard offers a nice, clean opportunity to do that," commented an industry analyst who asked not to be named. Astral attempted to buy radio and TV company CHUM Ltd. in the summer of 2006, but CTVglobemedia prevailed with a $1.7-billion bid. Astral was also considered a likely buyer of Alliance Atlantis, a dominant player in the specialty channel business. Ultimately that deal proved too complicated, according to CEO Greenberg. A source familiar with the Astral-Standard talks noted that Standard's radio stations would position Astral to compete more strongly against Corus Entertainment's dominant radio holdings in Quebec. The Montreal-based company is also active in specialty, pay and pay-per-view television, outdoor advertising and the Internet. Before Friday's after-hours announcement, Astral shares closed at $42.86 on the Toronto Stock Exchange, down $1.76 or four per cent on the day but up from just over $32 a year earlier. Standard's radio stations include:In Montreal: MIX 96, CHOM and CJAD. In Toronto: CFRB, MIX 99.9 and EZ Rock. In Ottawa: The Bear. In Winnipeg: HOT 103 and QX 104. In Edmonton: EZ Rock, The Bear and CFRN. In Calgary: CKMX, CJAY and VIBE. In Vancouver: CISL and Z95.3.
MUSIC & COPYRIGHT - Colleges and universities have their own illicit download problems -- 05mar2007 AP -- Any environment combining music-loving young adults and broadband connections is bound to create more than a few copyright infringement situations. And nobody knows that better than the Recording Industry Association of America, which recently launched a new campaign to thwart music piracy in institutes of higher learning. The RIAA says advances in software have enabled the organization to better trace file-sharing on campuses. On February 28th the trade organization announced it had sent 400 pre-litigation settlement letters to 13 different universities warning the schools that the music industry is ready to launch an infringement suit against a school's student or employee. In sending the letters, the RIAA is asking the schools to forward the messages to the people the organization claims are copyright infringers. Now, make no mistake about this. This isn't a warning to campus file-traders to clean up their copyright acts. These letters are settlement offers from the RIAA, telling students and campus personnel to pay up now or face costly future litigation. Of the schools on the RIAA's pre-trial hit list, Ohio University received 50 letters, both Syracuse University and North Carolina State University received 37, and the University of South Florida found 31 such messages in its mailbox. "Our work with college administrators has yielded real progress and we're grateful for the help of those who have worked closely with us," RIAA chairman and CEO Mitch Bainwol said. "At the same time, we recognize that the nature of online music theft is changing, and we need to adjust our strategies accordingly." This isn't the RIAA's first attempt to police campus pipelines. The organization has long complained about universities turning blind eyes to student file-sharing. However that has changed as school administrations began taking tougher approaches to illicit song swapping. At Michigan State University, anyone caught twice must watch an RIAA-produced eight-minute anti-piracy DVD, and a "third strike" offender can be suspended for a semester. "I get the whole spectrum of excuses," said Randall Hall, who polices MSU's campus network. "The most common answer I get is, ‘All my friends are doing this. Why did I get caught?'"
BOOK - Writers' Trust of Canada Shaughnessy Cohen Prize for excellence in political writing by J.ADams, 01mar07 Globe and Mail -- A book that revealed that the young Pierre Trudeau had fascist, anti-Semitic and separatist proclivities has won the seventh annual $15,000 Writers' Trust of Canada Shaughnessy Cohen Prize for excellence in political writing. Max and Monique Nemni, the Toronto-based authors of Young Trudeau: Son of Quebec, Father of Canada 1919-1944, received the prize last night at a ceremony in Ottawa, with its French-to-English translator William Johnson getting $3,750 of the award money. The Nemnis' book, which generated shock waves across Canada upon its release last May, beat four other titles, including John English's Citizen of the World: The Life of Pierre Elliott Trudeau, Volume One: 1919-1968, for the prize, which is named after the popular Conservative MP from Windsor, Ont., who died of a cerebral hemorrhage in 1998. The other nominees were The Way It Works: Inside Ottawa by veteran Liberal strategist and Chrétien adviser Eddie Goldenberg; The Washington Diaries, 1981-1989 by Alan Gotlieb, former Canadian ambassador to the United States and an architect of the North American Free Trade Agreement; and Bitter Chocolate: Investigating the Dark Side of the World's Most Seductive Sweet by Carol Off, host of CBC Radio One's As It Happens. Each of the runners-up received $2,000. The trio of judges -- Toronto Star columnist Carol Goar, retired civil servant, author and university professor Arthur Kroeger, and Ottawa Citizen columnist Susan Riley -- lauded the Nemnis, both retired university professors and friends of Trudeau, for "changing the perceptions and challenging the political reflexes of Canadians." The Nemni book was published in English by McClelland & Stewart, as an imprint of Douglas Gibson Books.
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MUSIC & COPYRIGHT - EMI, Bertelsmann agree to settle lawsuit 2007-03-29 (AP) -- British music company EMI Group PLC and German media conglomerate Bertelsmann AG said Monday they have agreed to settle a copyright infringement lawsuit over Bertelsmann's connection with the original Napster online file-sharing service. Terms of the settlement were not disclosed. The agreement resolves legal claims brought by EMI's recorded music and music publishing units against Bertelsmann. The German company did not admit any liability as part of the settlement. In a statement, EMI Group Chief Executive Eric Nicoli said, "We can now put this matter behind us and continue to pursue the development of new legitimate digital music business models." EMI, Vivendi's Universal Music Group and a group of music publishers sued Bertelsmann in 2003 in federal court in San Francisco, alleging Bertelsmann was liable for copyright infringement because it invested in Napster at a time that the popular service was openly allowing computer users to share music illegally. Napster allowed users to browse each other's MP3 music collections stored on their computers and pluck liberally from them, sharing and swapping for free. The original Napster went offline in 2001 after a series of court rulings. Last fall, Universal settled with Bertelsmann for $61.22 million. Several music publishers still have pending claims against Bertelsmann.
COPYRIGHT - ONLINE LEGAL DEPOSIT IN CANADA - Canada”s legal deposit program, which requires publishers to deposit copies of all works published in Canada with Library & Archives Canada, has expanded and clarified legal deposit of online publications. As of January 1, 2007, all online “publications” must be deposited with Library & Archives Canada using either open access (unlimited access to the public) or restricted access (public access only at selected computer terminals at Library & Archives Canada). The new rules were introduced to address concerns about digital rights management technology, which can restrict access to subscribers only. CANADIAN COPYRIGHT BOARD RULES ON ONLINE MUSIC DOWNLOADS “ The Canadian Copyright Board approved a tariff for for online music services. The Board ruled that 7.9 percent of a song”s price must go to the copyright holder (in the case of permanent downloads.) For downloads that require a Web subscription, and for on-demand streaming music, the royalties are 5.9 and 4.6 percent of the cost of a month”s subscription, respectively. The tariff applies retroactively from 2005 to 2007. Rates for future years will have to be approved by the Copyright Board. WORLD INTELLECTUAL PROPERTY DAY IS APRIL 26 - The World Intellectual Property Organization (“WIPO”) is celebrating the link between intellectual property and creativity on April 26, 2007. For posters, postcards and more information, see http://www.wipo.int/about-ip/en/world_ip/2007/index.html
MUSIC - SEATTLE -- Paul McCartney first artist of new Starbucks record label by Curt Woodward Associated Press 22mar07 -- Paul McCartney was introduced Wednesday as the first artist signed to Starbucks Corp.'s new record label. The former Beatle made an appearance via a video feed from London at the company's annual meeting. The world's largest specialty coffee retailer announced earlier this month that it was partnering with Concord Music Group to launch the Los Angeles-based Hear Music label. The McCartney announcement is another big step for Seattle-based Starbucks' attempts to spin part of its consumer appeal into the entertainment business. The coffeehouse chain already has produced and sold some albums, markets books, and helped develop a feature-length movie. Hear Music has been used as a brand on other releases developed for sale in Starbucks stores. The coffee giant also has a branded page on Apple Inc.'s iTunes digital music store, and a handful of hybrid music-and-coffee stores that allow customers to burn tracks to CDs. Concord, which controls several other labels, helped Starbucks sell the Grammy-winning "Genius Loves Company," an album of Ray Charles duets.COPYRIGHT - Access Copyright Receives Full Restitution in Fraud Case March 14, 2007 The Ontario Superior Court has ruled in the case against two individuals who were charged earlier this year with defrauding Access Copyright, The Canadian Copyright Licensing Agency. In its judgment the Court ruled that restitution be made to Access Copyright for the full amount of the fraud that was committed. Access Copyright received this repayment within hours of the ruling. The suspected fraudulent activities were uncovered in 2005 by Access Copyright staff, and the police were contacted after a thorough internal review had been conducted. In May of 2006, following further investigation by the police, criminal charges were laid against a former employee and an individual not connected with Access Copyright. In determining that Access Copyright would receive full repayment, the Court noted the excellent work of Access Copyright's staff in investigating and compiling the evidence related to this case We are very pleased with this ruling and with the fact that the $61,000 that has been repaid can be returned to its rightful place in the repertoire pool and, from there, into the pockets of the affiliates to whom it belongs. We are also pleased with the response of our affiliates, who have helped us implement rigorous new procedures to help ensure this never happens again. In the plea bargain made by the Crown and the defendants in the case, the charges against the former employee were withdrawn in exchange for the full restitution of the defrauded amount. The other individual involved in the case received a sentence of three months house arrest and an eight month conditional sentence that will lead to a jail term of eight months if the individual does not abide by all of the conditions of the judgment.
BOOKS - Independent Publisher Book Awards -- for info visit Independent Authors and Publishers - IPPY Awards
INTERNET & COPYRIGHT - Viacom sues YouTube for $1 billion: Suit accuses Google of 'massive copyright infringement' of Viacom's entertainment assets. March 13 2007 (Reuters) -- Media conglomerate Viacom Inc. said Tuesday that it was suing Google Inc. and its Internet video-sharing site YouTube for more than $1 billion over unauthorized use of its programming online. The lawsuit, the biggest challenge to date to Google's ambitions to make YouTube into a major vehicle for advertising and entertainment, accuses the Web search leader and its unit of "massive intentional copyright infringement." Viacom filed the suit with the U.S. District Court for the Southern District of New York, seeking more than $1 billion in damages and an injunction against further violations. Viacom contends that almost 160,000 unauthorized clips of its programming have been uploaded onto YouTube's site and viewed more than 1.5 billion times. "YouTube's strategy has been to avoid taking proactive steps to curtail the infringement on its site," Viacom said in a statement. "Their business model, which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws." Viacom said its decision to sue Google followed "a great deal of unproductive negotiation" with the company
MUSIC & TRADEMARK - WHO OWNS THE NAME BLACK SABBATH 12mar2007 AP -- How do you promote a Black Sabbath tour when you're only allowed to mention the legendary Black Sabbath name in the fine print? Don't ask Ronnie James Dio, the singer for the current Sabbath tour because he's a bit foggy about the politics of the name game himself. When the pioneering heavy metal band touches down in Vancouver tomorrow at the Pacific Coliseum, they do so under the banner Heaven & Hell, which is the title of Sabbath's 10th album, released in 1980. That was the first Sabbath record in which Dio appeared as the lead singer, in place of the band's original vocalist Ozzy Osbourne. So why is the recently reunited Dio-led lineup touring now under the Heaven & Hell moniker? Many fans have speculated Ozzy's wife and manager, the ever brassy Sharon Osbourne, is to blame. After all, Ozzy's version of Black Sabbath has been headlining his summer Ozzfest tours since 1997, and because of that the Osbournes may be laying claim to the name. "As far as Sharon being the perpetrator of that, I would certainly not like to think so," says Dio. "I don't like to think that my life is predicated on somebody else's whims who has nothing to do with me." But Dio's not sure who has ultimate control of the Sabbath name. "I have no idea," says the five-foot-four singer with the colossal voice. "That seems to have been a point of contention for a long time. Who owns the name? Is it Sharon? Is it Ozzy? Is it Tony Iommi (guitarist for both Black Sabbath and Heaven & Hell)? I would think if Tony owned the name, we would be calling ourselves Black Sabbath, so maybe he doesn't." Given the recent Ozzfest tours, and the fact that Sabbath with Ozzy was inducted into the Rock and Roll Hall of Fame last year, Iommi and the band's bassist Geezer Butler felt like they wanted to make the new tour distinct from the other incarnation of Sabbath. "They wanted to carry on with something fresh and new," Dio says. "When they proposed (the band name Heaven & Hell), my initial reaction was, and still is, 'Well they're gonna call us f---in' Black Sabbath anyway, aren't they? You can call as the Boys in the Shed if you want to. It doesn't matter to me."'
MUSIC - RIAA urges downloaders to turn themselves in by Owen Praskievicz U-Wire 08mar2007 COLLEGE PARK, Md. -- The Recording Industry Association of America has an idea for university students who illegally download music: Sign a letter admitting their mistakes, make a plea-bargain with the multi-million dollar industry, then pay them an out-of-court settlement. Then maybe -- just maybe -- the college student will be lucky enough to avoid a lawsuit. In a new plan targeting college students, the RIAA said last week that lawyers had sent out 400 settlement offers to students through 13 universities across the country demanding settlement money for illegally downloaded copyright material. And although no students at this university were selected in the first wave of letters, the strategy signals an audacious and unprecedented approach by the industry to crack down on college students that could soon envelop students at this university. "There isn't a college student in America today who doesn't know that the online 'sharing' of copyrighted music is illegal," said RIAA President Cary Sherman in a recorded online news conference with college newspapers. "Yet, file-trafficking on college campuses remains extensive and disproportionately problematic." Sherman said the letters don't target any specific universities -- only students identified as prolific file-sharers. Ohio University appeared to get the worst of the RIAA's ire this time around -- 50 students there were asked to visit RIAA website and pay thousands of dollars to settle threats of impending lawsuits. RIAA lawyers targeted the top 13 universities who have received the most cease and desist warnings -- "nastygrams," as some critics call them -- ordering universities to shut down file-sharing hubs and warn students to stop downloading copyright material, according to documents provided by the association. With more than 300 warnings received here, this university ranked 26th in the country for most warnings sent, and could be targeted in a second wave of warnings. Typical copyright law provides for statutory damages ranging from $750 to $150,000 per work infringed, and RIAA General Counsel Steven Marks said the latest effort will likely rope in a record-high number of students. "In the three years since we first filed suit against a university network user, we have sued about 1,000 students," Marks said. "Under this new program, we will initiate legal action against a similar number of students in just three months." Sherman said the RIAA will only send the letters to the university, which it hopes will transfer the letters to the students. At this university, officials have already taken significant steps to placate the RIAA, including revising network guidelines that effectively shut down file-sharing hub Direct Connect last semester, commonly known as DC++, if only temporarily. But Office of Information Technology officials said last semester they would not defend students sued by the RIAA because it would conflict with the university's policy against file sharing, which they said is consistent with the law. OIT officials did not return calls for comment on this story. Marks warned that unlike lawsuits three years ago, the RIAA no longer targets only the most "egregious infringers" who store and share thousands of copyright files. "Today we do not have any minimum amount of files in order to move forward with a lawsuit," Marks said. "Students should understand that they are not anonymous when they use P2P services." Blogs and other student sites have blasted the RIAA's new policy, calling it extortion and saying it will trick some students from seeking out more viable alternatives to the settlement. The university's Student Legal Aid Office could not be reached for comment, but in the past it has sait it can only refer students to an outside attorney. "Frankly, we've found that students know that downloading from unauthorized P2P systems is illegal, but the chance of getting caught isn't great enough to discourage them from doing it," Sherman said. "By increasing the number of lawsuits, we're letting them know that the risk of getting caught is greater. That's also why we're bringing more lawsuits on a single college campus."
RADIO - Astral agrees to buy Standard radio stations - 05mar AP -- Astral Media Inc. said Friday it has signed a letter of intent and is in exclusive negotiations to buy Standard Radio Inc., Canada's biggest privately owned radio broadcaster. The acquisition, rumoured to be worth $1.3 billion, would make Astral the largest operator of radio stations in the country. The assets involved include Standard's 52 radio stations in 29 markets across the country, along with advertising sales company IMS, radio content provider Sound Source Networks, and two television stations in northern British Columbia. Astral did not disclose a probable price, but said the purchase would likely be transacted 80 per cent in cash with the rest in class A non-voting shares. Subject to a definitive agreement and regulatory approval, the deal would leave Astral Media, which currently has 29 radio stations in Quebec and the Atlantic provinces, with 81 stations nationwide. "With the acquisition of Standard Radio, Astral Media will not only be acquiring the best-performing radio stations in the country; we will at the same time acquire a company with similar values and culture," stated Astral CEO Ian Greenberg. Astral Media Inc. said Friday it has signed a letter of intent and is in exclusive negotiations to buy Standard Radio Inc., Canada's biggest privately owned radio broadcaster. The acquisition, rumoured to be worth $1.3 billion, would make Astral the largest operator of radio stations in the country. It also owns multiple stations in the Ontario cities of Hamilton, St. Catharines, Pembroke and London; two in Brandon, Man.; and 21 in small B.C. centres. The assets involved include Standard's 52 radio stations in 29 markets across the country, along with advertising sales company IMS, radio content provider Sound Source Networks, and two television stations in northern British Columbia. Astral did not disclose a probable price, but said the purchase would likely be transacted 80 per cent in cash with the rest in class A non-voting shares. Subject to a definitive agreement and regulatory approval, the deal would leave Astral Media, which currently has 29 radio stations in Quebec and the Atlantic provinces, with 81 stations nationwide. "With the acquisition of Standard Radio, Astral Media will not only be acquiring the best-performing radio stations in the country; we will at the same time acquire a company with similar values and culture," stated Astral CEO Ian Greenberg. "Over the past four decades, [Standard owners] the Slaight family has built a remarkable collection of strong radio brands and has contributed meaningfully in shaping the Canadian radio industry as we know it today. We are delighted with the prospect of welcoming Standard Radio's employees into our team." Standard Radio CEO Gary Slaight, son of Allan Slaight who built the company after buying it from Conrad Black's Hollinger group in 1985, said the family is "pleased to see our legacy live on with a company such as Astral that has such a strong track record and commitment to its employees and to the Canadian radio and television industries."Formal deal in March - Both sides said they would not comment further until a formal agreement is signed. Astral's vice-president of corporate communications, Alain Bergeron, said a firm deal is expected by the end of March. He refused to comment on the rumoured price. The agreement excludes other assets of Standard Radio parent company Standard Broadcasting Corp., including its stake in satellite radio operator Sirius Canada, a partnership with Sirius Satellite Radio of the U.S. and the Crown-owned CBC. Standard Broadcasting also has interests in e-commerce, videotape and DVD distribution, and internet radio portal Iceberg Radio. Standard announced a plan in May 2006 to spin off an income trust focused on its radio interests, but the idea was aborted in June amid a stock-market dip. Astral recently sought other acquisitions For Astral, the Standard Radio deal follows years of scouting for acquisitions, and coming up short in two recent deals. "I think they want to have a national footprint and Standard offers a nice, clean opportunity to do that," commented an industry analyst who asked not to be named. Astral attempted to buy radio and TV company CHUM Ltd. in the summer of 2006, but CTVglobemedia prevailed with a $1.7-billion bid. Astral was also considered a likely buyer of Alliance Atlantis, a dominant player in the specialty channel business. Ultimately that deal proved too complicated, according to CEO Greenberg. A source familiar with the Astral-Standard talks noted that Standard's radio stations would position Astral to compete more strongly against Corus Entertainment's dominant radio holdings in Quebec. The Montreal-based company is also active in specialty, pay and pay-per-view television, outdoor advertising and the Internet. Before Friday's after-hours announcement, Astral shares closed at $42.86 on the Toronto Stock Exchange, down $1.76 or four per cent on the day but up from just over $32 a year earlier. Standard's radio stations include:In Montreal: MIX 96, CHOM and CJAD. In Toronto: CFRB, MIX 99.9 and EZ Rock. In Ottawa: The Bear. In Winnipeg: HOT 103 and QX 104. In Edmonton: EZ Rock, The Bear and CFRN. In Calgary: CKMX, CJAY and VIBE. In Vancouver: CISL and Z95.3.
MUSIC & COPYRIGHT - Colleges and universities have their own illicit download problems -- 05mar2007 AP -- Any environment combining music-loving young adults and broadband connections is bound to create more than a few copyright infringement situations. And nobody knows that better than the Recording Industry Association of America, which recently launched a new campaign to thwart music piracy in institutes of higher learning. The RIAA says advances in software have enabled the organization to better trace file-sharing on campuses. On February 28th the trade organization announced it had sent 400 pre-litigation settlement letters to 13 different universities warning the schools that the music industry is ready to launch an infringement suit against a school's student or employee. In sending the letters, the RIAA is asking the schools to forward the messages to the people the organization claims are copyright infringers. Now, make no mistake about this. This isn't a warning to campus file-traders to clean up their copyright acts. These letters are settlement offers from the RIAA, telling students and campus personnel to pay up now or face costly future litigation. Of the schools on the RIAA's pre-trial hit list, Ohio University received 50 letters, both Syracuse University and North Carolina State University received 37, and the University of South Florida found 31 such messages in its mailbox. "Our work with college administrators has yielded real progress and we're grateful for the help of those who have worked closely with us," RIAA chairman and CEO Mitch Bainwol said. "At the same time, we recognize that the nature of online music theft is changing, and we need to adjust our strategies accordingly." This isn't the RIAA's first attempt to police campus pipelines. The organization has long complained about universities turning blind eyes to student file-sharing. However that has changed as school administrations began taking tougher approaches to illicit song swapping. At Michigan State University, anyone caught twice must watch an RIAA-produced eight-minute anti-piracy DVD, and a "third strike" offender can be suspended for a semester. "I get the whole spectrum of excuses," said Randall Hall, who polices MSU's campus network. "The most common answer I get is, ‘All my friends are doing this. Why did I get caught?'"
BOOK - Writers' Trust of Canada Shaughnessy Cohen Prize for excellence in political writing by J.ADams, 01mar07 Globe and Mail -- A book that revealed that the young Pierre Trudeau had fascist, anti-Semitic and separatist proclivities has won the seventh annual $15,000 Writers' Trust of Canada Shaughnessy Cohen Prize for excellence in political writing. Max and Monique Nemni, the Toronto-based authors of Young Trudeau: Son of Quebec, Father of Canada 1919-1944, received the prize last night at a ceremony in Ottawa, with its French-to-English translator William Johnson getting $3,750 of the award money. The Nemnis' book, which generated shock waves across Canada upon its release last May, beat four other titles, including John English's Citizen of the World: The Life of Pierre Elliott Trudeau, Volume One: 1919-1968, for the prize, which is named after the popular Conservative MP from Windsor, Ont., who died of a cerebral hemorrhage in 1998. The other nominees were The Way It Works: Inside Ottawa by veteran Liberal strategist and Chrétien adviser Eddie Goldenberg; The Washington Diaries, 1981-1989 by Alan Gotlieb, former Canadian ambassador to the United States and an architect of the North American Free Trade Agreement; and Bitter Chocolate: Investigating the Dark Side of the World's Most Seductive Sweet by Carol Off, host of CBC Radio One's As It Happens. Each of the runners-up received $2,000. The trio of judges -- Toronto Star columnist Carol Goar, retired civil servant, author and university professor Arthur Kroeger, and Ottawa Citizen columnist Susan Riley -- lauded the Nemnis, both retired university professors and friends of Trudeau, for "changing the perceptions and challenging the political reflexes of Canadians." The Nemni book was published in English by McClelland & Stewart, as an imprint of Douglas Gibson Books.
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