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Spotify won court order against Anna's Archive, taking down .org domain

arstechnica.com

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Re: Spotify won court order against Anna's Archive, taking down .org domain

#161

Post by helsinki8 »

perihelions wrote: post #82
akersten wrote: post #7

But you can't even download the allegedly infringing material from the .org site. You can just read about it? So they're abusing the All Writs Act to take down a site that they think is related to some undetermined future nebulously bad thing for their business. If I wasn't on Anna's side before, I sure am now.

> "think is related to some undetermined future nebulously bad thing" Anna's Archive made threats in writing to distribute, concretely and specifically, the plaintiff's copyrighted works as torrents.

Something they, and everyone else, should have a natural right to do.

It's insane to call this a "threat". It's like saying they made threats to breathe. Freely sharing things should be an inalienable universal right.

Re: Spotify won court order against Anna's Archive, taking down .org domain

#162

Post by taskforcegemini »

helsinki8 wrote: post #160
surround wrote: post #73

Earlier quoted context omitted.

Anna's Archive announced they intended to infringe on the label's copyrights by distributing their music without a license. The law allows the court "to prevent or restrain infringement of a copyright" (emphasis mine). https://www.law.cornell.edu/uscode/text/17/502#:~:text=Any%2...

We need to abolish copyright laws entirely. This is just the ten millionth instance of them being abused by the 1% to harm the majority.

In times of AI this doesn't sound lije the ideal solution either

Re: Spotify won court order against Anna's Archive, taking down .org domain

#163

Post by crtasm »

troupo wrote: post #116
crtasm wrote: post #101

Earlier quoted context omitted.

You don't need to hand over any ownership or % of earnings if you self-publish and pay a distributor to put your album on the streaming platforms.

You don't many do. And, again, Spotify doesn't pay money to artists directly, but to rights holders and distributors.

In this situation the artist is the rights holder.

Re: Spotify won court order against Anna's Archive, taking down .org domain

#164

Post by DannyBee »

solaris2007 wrote: post #153
DannyBee wrote: post #138

Earlier quoted context omitted.

The plaintiffs are actually record companies, spotify is tacked on at the end for some reason, and the article decided to confuse matters :)

Rights can be extended through contracts. A lawyer at Spotify might think to put in: "we distribute the music for you, your right to enforce copyright or otherwise litigate on behalf of that music is also extended to us as if we also own it". The legal language would be different, that's a dumbed down version.

I do understand what can happen (I'm an IP lawyer), but this basically requires enabling spotify to act as your attorney, since they still do not in fact own the rights, even with this. You can't manufacture standing here - only folks who are exclusive rightsholders can sue. Period. So it would require giving them power of attorney enabling them to sue on your behalf, since you (or whoever) still own the exclusive rights .

I strongly doubt their contract terms have this in there, it would be fairly shocking.

I say this having seens tons of these kinds of contracts, even with spotify, and never seeing something like this.

Re: Spotify won court order against Anna's Archive, taking down .org domain

#165

Post by solaris2007 »

DannyBee wrote: post #164
solaris2007 wrote: post #153

Earlier quoted context omitted.

Rights can be extended through contracts. A lawyer at Spotify might think to put in: "we distribute the music for you, your right to enforce copyright or otherwise litigate on behalf of that music is also extended to us as if we also own it". The legal language would be different, that's a dumbed down version.

I do understand what can happen (I'm an IP lawyer), but this basically requires enabling spotify to act as your attorney, since they still do not in fact own the rights, even with this. You can't manufacture standing here - only folks who are exclusive rightsholders can sue. Period. So it would require giving them power of attorney enabling them to sue on your behalf, since you (or whoever) still own the exclusive ri…

What I have seen in practice (not with Spotify) is a law firm that is cozy with both entities will be delegated standing, the "powers" in power of attorney but with clauses defining a limited scope and "escape hatch" and "kill switch" clauses.

Re: Spotify won court order against Anna's Archive, taking down .org domain

#166

Post by tempaccountabcd »

taskforcegemini wrote: post #162
helsinki8 wrote: post #160

Earlier quoted context omitted.

We need to abolish copyright laws entirely. This is just the ten millionth instance of them being abused by the 1% to harm the majority.

In times of AI this doesn't sound lije the ideal solution either

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