3 Count: Hiss, Pop and Crackle

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1: Internet Archive’s Crackle Based ‘Fair Use’ Defense in Copyright Case is Perverted, Say Labels

First off today, Chris Cooke at Complete Music Update reports that the music industry has hit back at a motion filed by the Internet Archive, saying that “there is zero basis for arguing that the hisses, crackles and pops that have developed over time grant defendants the right to copy, distribute and transmit on a mass scale recordings.”

The lawsuit was filed by the music companies in August 2023. They alleged that the Internet Archives Great 78 Project copied and distributed various recordings they hold the right to as part of their plan to digitize such vinyl releases. The Internet Archive claims that the project is for the purpose of preservation and research, something the music companies say the Internet Archive exceeds.

The Internet Archive filed a motion to dismiss. That motion largely focuses on statute of limitation issues, saying that it’s been more than three years since the project started and that the music industry sent them a cease and desist letter in July 2020. The companies say that the letter didn’t identify any specific tracks or songs and that specific awareness only came later. They also target a fair use argument in the motion to dismiss with the language above.

2: IPTV Piracy Group Members Arrested For Signal Theft, Fraud, Money Laundering

Next up today, Andy Maxwell at Torrentfreak writes that officers of the Quebec Provincial Police have arrested at least five people on suspicion of being involved in a movie piracy ring named Arubox TV.

The arrests followed a criminal complaint filed by Bell Media, who allege that the service provided illegal access to more than 3,000 channels and had over 7,000 subscribers. However, despite this raid and an earlier one in May 2023, the service appears to still be at least partially operational.

The arrested individuals face a series of charges including theft of telecommunications services, fraud and money laundering as well as a claim of mischief in relation to data, which deals with the destruction or altering of data.

3: Dublin Square Settles Copyright Infringement Lawsuit

Finally today, Vivian Barrett at The State News reports that a bar named Dublin Square in East Lansing, Michigan has reached a settlement with the American Society of Composers, Authors and Publishers (ASCAP) over the alleged use of unlicensed music.

The lawsuit was filed in October 2023. According to ASCAP, the bar allowed it’s license to lapse in 2019 and, despite multiple warnings, continued to play music licensed by ASCAP without a renewal.

The settlement brings an end to that lawsuit though the details of the settlement have not been disclosed. The bar was one of about a dozen that was sued at the same time as part of ASCAP’s ongoing campaign against unlicensed music in public businesses.

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