RIAA Defeats False DMCA Takedown Notice Claims in Court

Popular mixtape platform Spinrilla has failed in its legal quest to hold the RIAA liable for willingly sending inaccurate takedown notices after a federal court in Georgia dismissed the case. While the notices may have been false, Spinrilla has no grounds to request damages as the service didn’t remove or disable any files.

From: TF, for the latest news on copyright battles, piracy and more.

Last March, popular hip-hop mixtape service Spinrilla filed a lawsuit against the RIAA.

Spinrilla accused the music industry group of sending inaccurate DMCA takedown notices that waste resources and harm the site’s goodwill and reputation.

‘RIAA Doesn’t Listen’

The mixtape platform said the RIAA was using automated text-based searches instead of actually listening to tracks. As a result, the group allegedly reported non-infringing content. These inaccurate notices put Spinrilla users at risk of having their accounts terminated.

The RIAA swiftly responded to these allegations, assuring the court that it had the best intentions. The example of a ‘faulty’ takedown notice Spinrilla listed in the complaint was a legitimate claim and was sent in good faith, it countered.

No Action

On top of that, the music group said that Spinrilla had no case because the alleged DMCA abuse would only be relevant if the site removed the contested music track. That didn’t happen, as Spinrilla refused to take action. As such, the RIAA asked the court to dismiss the case.

Spinrilla disagreed and countered that RIAA’s interpretation of the DMCA is too narrow. The site doesn’t believe that content has to be removed to suffer damages. And even if that is the case, Spinrilla would like an injunction to prevent future false takedown notices.

Court Sides With RIAA

After hearing the arguments from both sides, US District Court Amy Totenberg ruled on the motion to dismiss this week. Without determining if the RIAA’s takedown notices were accurate or not, the Judge sided with the music industry group.

Based on earlier jurisprudence, it is clear that to argue takedown notice abuse and a violation of the DMCA’s ‘Section 512(f)’, Spinrilla has to show that it either ‘removed’ or ‘disabled’ the content in response.

Put simply, someone can’t argue that a copyright holder sent false, abusive, or deceptive DMCA takedown notices if the content isn’t taken down.

Nothing Was Taken Down

In this case, Spinrilla complained about takedown notices the RIAA sent in 2019 and 2020. It specifically references one ‘non-infringing’ audio file which the group falsely asked to remove. However, the site never removed this file.

“[B]ecause Spinrilla contends that the audio file is not infringing, the Complaint does not allege that the audio file was removed or disabled as a result of the takedown notice,” Judge Totenberg writes.

“Rather, Spinrilla alleges it has been forced to spend time looking into each of the numerous takedown notices, resulting in ‘lost revenue’ and damage to its reputation and goodwill. These are not the types of damages recoverable under Section 512(f).”

The Judge says that even if the RIAA willingly requested the takedown of a non-infringing file, Spinrilla can’t claim damages. To do so, the file had to be removed or disabled.

“Spinrilla has failed to allege it took any of the actions involving removing or disabling access to the material required under Section 512(f) as necessary to state a claim under the DMCA for material misrepresentation and damages.”

Case Dismissed

Based on the above, Judge Totenberg sees no other option than to grant the RIAA’s motion for dismissal and to close the case.

spinrilla-order

This is another victory for the RIAA, whose notices came under the scrutiny of various parties last year. Earlier this month ISP Bright House Networks lost a similar case over ‘false’ takedown notices, and last November the court dismissed Charter’s takedown abuse claims as well.

The ISPs and Spinrilla are all engaged in separate legal battles against the RIAA and/or its members, which sued the companies for failing to terminate repeat infringers. Those cases remain ongoing.

A copy of US District Court Amy Totenberg’s ruling is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

Hackers alter stolen regulatory data to sow mistrust in COVID-19 vaccine

Post titled “Astonishing fraud! Evil Pfffizer! Fake vaccines!” found on the dark Web.

Hackers alter stolen regulatory data to sow mistrust in COVID-19 vaccine

Enlarge (credit: Getty Images)

Last month, the makers of one of the most promising coronavirus vaccines reported that hackers stole confidential documents they had submitted to a European Union regulatory body. On Friday, word emerged that the hackers have falsified some of the submissions’ contents and published them on the Internet.

Studies of the BNT162b2 vaccine jointly developed by pharmaceutical companies Pfizer and BioNTech found it’s 95 percent effective at preventing COVID-19 and is consistently effective across age, gender, race, and ethnicity demographics. Despite near-universal consensus among scientists that the vaccine is safe, some critics have worried it isn’t. The hackers appear to be trying to stoke those unsupported worries.

Data unlawfully accessed by the hackers “included internal/confidential email correspondence dating from November, relating to evaluation processes for COVID-19 vaccines,” the European Medicines Agency based in Amsterdam said in a statement. “Some of the correspondence has been manipulated by the perpetrators prior to publication in a way which could undermine trust in vaccines.”

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With Trump’s vaccine rollout in chaos, Biden unveils five-point plan

“We will manage the hell out of this operation,” Biden vowed.

US President-elect Joe Biden delivers remarks on his plan to administer COVID-19 vaccines in Wilmington, Delaware on January 15, 2021.

Enlarge / US President-elect Joe Biden delivers remarks on his plan to administer COVID-19 vaccines in Wilmington, Delaware on January 15, 2021. (credit: Getty | Angela Weiss)

President-elect Joe Biden on Friday unveiled a five-point plan to try to rescue the country’s beleaguered COVID-19 vaccination campaign and achieve his stated goal of reaching 100 million shots in his first 100 days in office.

The five steps include, in brief:

  • Working with states to open and clarify eligibility for vaccination
  • Help set up additional vaccination sites
  • “Fully activate” pharmacies to act as vaccination sites
  • Ramp up manufacturing of vaccine and supplies
  • Commit to transparency and rollout a massive public information campaign to combat disinformation

“The vaccine rollout in the United States has been a dismal failure thus far,” Biden said in speech. These five things are an attempt to turn things around, to “turn frustration into motivation.”

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Wandavision premieres in ways that would never work on ABC—and that’s great

Disney+ take on Marvel TV is a massive zag from Netflix’s zig—and we’re intrigued.

The black-and-white world of <em>Wandavision</em>, as occasionally interrupted by color in its first two episodes on Disney+ as of today.

Enlarge / The black-and-white world of Wandavision, as occasionally interrupted by color in its first two episodes on Disney+ as of today. (credit: Disney)

The modern era of Marvel Comics television has been a jumpy one, with ABC and Netflix dividing-and-conquering based on available comic series, exclusivity deals, and otherwise trying not to step on Marvel Studios' gargantuan toes. Fans got some fascinating television out of the process, but those network deals eventually fizzled—perhaps not coincidentally, right around the time that the Disney corporate umbrella began plotting its own content-filled streaming service.

As a result, today's premiere of Wandavision on Disney+ is far from the first TV series with clear links to the Marvel Cinematic Universe. But it's definitely the clearest one yet. Take two major actors from repeat MCU films, slap them into the first-ever TV series that opens with a Marvel Studios logo, and you've got yourself one massive statement of intent.

As if that weren't gutsy enough, Wandavision goes further in terms of ambition with a two-part series premiere that will befuddle fans and outsiders alike. After over a year of squint-worthy reveals, with hints of black-and-white TV throwbacks and superhero-filled intrigue, we have 65 minutes of goofiness, dread, and a sense that this weird series is only going to get weirder.

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Lilbits: Linux phones and laptops, S-Pen for more phones, and an RK3566 single-board computer

Pine64, the company behind a line of geeky, inexpensive, and hackable smartphones, laptops, and single-board computers designed to run open source software tend to only publish one blog post each month. But it’s always a doozy, and the January u…

Pine64, the company behind a line of geeky, inexpensive, and hackable smartphones, laptops, and single-board computers designed to run open source software tend to only publish one blog post each month. But it’s always a doozy, and the January update is no exception. Among other things, Pine64 unveiled that The next PinePhone Community Edition smartphone […]

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Report: Xbox’s “instant on” feature could consume 4 billion kWh by 2025

NRDC: Default Series S/X option responsible for 3 million tons of CO2 by 2025.

A lot of neon green power potentially

Enlarge / A lot of neon green power potentially (credit: Aurich Lawson / Getty Images)

The "instant on" feature that's activated by default on new Xbox Series S/X consoles could suck up a total of 4 billion kWh—the equivalent of a year's operation for a large power plant—from US owners alone through 2025. That's according to a preliminary report released this week from the Natural Resources Defense Council, an environmentally focused nonprofit advocacy group.

As the name implies, the "instant on" feature of the Series S/X (and the Xbox One before it) lets users skip the usual startup time when turning the console back on. That saves about 10 to 15 seconds of waiting per power cycle on the Series S/X, down from about 45 seconds on the Xbox One. (This is separate from the Xbox Series S/X's heavily promoted "quick resume" feature that loads the game state for recent titles directly from the system's fast SSD storage and works in either mode)

"Instant on" standby also lets the system check periodically for system updates in order to download and install them in between play sessions. But leaving the "instant on" feature active means the Xbox Series S/X draws nine to 10 watts of power 24 hours a day—even when it's not being actively used—compared to less than 1W if the standby settings are switched to "energy saving" mode.

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As it turns out, the Biden administration will listen to scientists

“Science will always be at the forefront of my administration.”

Co-Founder & CEO of 23andMe, Anne Wojcicki President & Founding Director Broad Institute of MIT and Harvard Professor, Eric Lander, speak onstage during the TIME 100 Health Summit in 2019.

Enlarge / Co-Founder & CEO of 23andMe, Anne Wojcicki President & Founding Director Broad Institute of MIT and Harvard Professor, Eric Lander, speak onstage during the TIME 100 Health Summit in 2019. (credit: Brian Ach/Getty Images)

During the height of the presidential election last October, President Trump warned voters that if Joe Biden was elected president, he would "listen to the scientists." Now, as the president-elect is about to be inaugurated as the 46th president of the United States, Biden appears to be leaning into this attack line.

On Friday, the incoming Biden administration announced that it would name Eric Lander to become director of the Office of Science Technology and Policy. As is customary in this role, Lander will also serve as chief "science advisor" to the president. In addition, Biden announced that he is making the science advisor a cabinet-level position. This is a first for this role.

“Science will always be at the forefront of my administration—and these world-renowned scientists will ensure everything we do is grounded in science, facts, and the truth," President-elect Biden said in a news release announcing the appointments.

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FDA blindsided as Trump Admin cripples agency on its way out

It’s “a full-frontal assault on public health,” one official said.

Stephen Hahn, commissioner of the US Food and Drug Administration.

Enlarge / Stephen Hahn, commissioner of the US Food and Drug Administration. (credit: Getty | Bloomberg)

The US Food and Drug Administration is under siege from the Trump Administration, which is forcing through a steady stream of changes in its final days that threaten the remaining independence of the regulatory agency.

Perhaps the most dramatic meddling came on Monday, when FDA officials were blindsided as the agency cycled through three different top lawyers. FDA’s Chief Counsel, Stacy Cline Amin—a Trump appointee—resigned Monday, which FDA Commissioner Stephen Hahn announced in an email. Hahn’s email also included the news that career civil servant Mark Raza, the FDA’s principal deputy chief counsel, would serve as Cline Amin’s replacement on an acting basis. But that decision was abruptly overturned Monday night when the Department of Health and Human services tweeted that James Lawrence, deputy general counsel for the HHS, would serve as the FDA’s new chief counsel until January 20.

"We were all very surprised," a senior FDA official told Politico. "But it's consistent with all the fire bombs that keep getting thrown over the fence."

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AYA Neo handheld gaming PC with Ryzen 4500U ships in April, crowdfunding begins in Feb for $699 and up

The AYA Neo is a handheld gaming computer with an AMD Ryzen 5 4500U Renoir processor, AMD Radeon Vega 6 graphics, and a 7 inch touchscreen display sandwiched between two game controllers. First announced last May, the Neo has been in development for m…

The AYA Neo is a handheld gaming computer with an AMD Ryzen 5 4500U Renoir processor, AMD Radeon Vega 6 graphics, and a 7 inch touchscreen display sandwiched between two game controllers. First announced last May, the Neo has been in development for much of the past year and it went up for pre-order in […]

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