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NelsonG

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Everything posted by NelsonG

  1. [img]http://torrentfreak.com/images/youtube.jpg[/img]Mid-June, one of the web’s largest YouTube conversion sites was [url="http://torrentfreak.com/google-threatens-to-sue-huge-youtube-mp3-conversion-site-120619/"]hit with threats[/url] from Google. YouTube-MP3, a site with more than 1.3 million daily visitors, was threatened with legal action over its service that converts YouTube videos into audio downloads. Google’s lawyers gave YouTube-MP3 seven days to comply, but in the meantime the search giant took technical measures to severely restrict its ability to operate. But weeks on it’s clear that YouTube-MP3 owner Philip Matesanz believes he has a cause worth fighting for. Philip, a 21-year-old applied computer science student, today gave TorrentFreak details of his structured fightback against the US search giant in the hope that Google will give him the fair hearing that up until now he says he has been denied. “I have to admit that have previously never sought case studies on Google’s legal position. Until now I thought they would understand that they cannot stop their users from creating recordings of a public video and would simply tolerate it,” Philip told TorrentFreak. In order to precisely understand the situation, Philip recently sought the opinion of lawyers on the legality of YouTube-MP3 in Germany and its functionality in respect of the YouTube Terms of Service, an agreement Google says YouTube-MP3 breached. Philip spoke with two lawyers – Philipp C. Redlich of [url="http://www.haerting.de/"]HÄRTING Rechtsanwälte [/url] and well-known IT lawyer Christian Solmecke from the [url="http://www.wbs-law.de/"]Wilde Beuger Solmecke[/url] law firm. Solmecke sent TorrentFreak a [url="http://edge.youtube-mp3.org/gcase/wbs.pdf"]copy[/url] of his report this morning. He is absolutely clear on one of the main points, that YouTube-MP3 does not use the YouTube API. As a result “..YouTube’s API Terms of Service do not apply here, as no contract has been created which would allow for the Terms of Service to come into effect.” So ToS argument aside, what about the inevitable copyright-related questions? “The infringement of YouTube’s Terms of Service brings with it no legal consequences for YouTube-MP3.org. YouTube-MP3.org is also not at fault so far as Copyright Law is concerned YouTube-MP3.org undertakes no copyright-relevant action. “Also, liability of the user’s for copyright infringement is not incurred because their actions are covered by the right to make private copies under paragraph 53 sub-paragraph 1 sentence 1 Copyright Law. The demand for YouTube-MP3.org to bring about a cessation of its service is therefore unfounded,” Solmecke writes. [b]Credit: Ioannis Milionis (mycartoons.de)[/b] [img]http://torrentfreak.com/images/googleyoutubemp3.jpg[/img] The [url="http://edge.youtube-mp3.org/gcase/hra.pdf"]report[/url] from Redlich’s is also detailed, noting that there are “..strong arguments in favor of YouTube not being able [to successfully] object to either the user or the provision of the MP3 conversion service, YouTube-MP3.org, on the grounds of an infringement of its copyright or of unfair competition.” As long as YouTube doesn’t implement encryption to prevent storage of streamed content, doing so would be legal, Redlich adds, noting that the downloading of streamed content from YouTube for private use does not require the permission of copyright holders. In addition to trying to bring down his service this year, Philip says that Google has also undermined his ability to generate revenue in the past. In 2010, Philip says that Google closed down his Adsense account, kept several months of earnings, and then ignored letters sent to the company by his lawyer. Then last year Philip said he signed an advertising deal with another company that Google was in the process of buying. The acquisition didn’t go ahead but Philip feels that Google had a hand in influencing the other company not to do business with him. The signed advertising deal was left unfulfilled. Whether or not Google will be prepared to change their position considering the developments above remains to be seen – thus far they haven’t been responsive to Philip’s lone voice. But would a few hundred thousand more make a difference perhaps? Philip recently started a [url="http://www.change.org/petitions/google-inc-youtube-llc-allow-third-party-recording-tools-for-youtube"]petition[/url] on Change.org asking Google to allow third-party recording tools for YouTube. The response from his userbase has been huge. [img]http://torrentfreak.com/images/petitionmp3.jpg[/img] “I have started a public petition that already has more than 220,000 signatures even through it hasn’t been mentioned by any news site,” Philip explained. “I didn’t expect such a great feedback. It is not based on any news coverage but on the strong will of my users who are spreading the word about it. I’ve already surpassed other petitions that received worldwide press coverage.” So for now it’s over to Google to consider whether YouTube-MP3 is a potentially useful partner or one to be threatened and put out of business. Interestingly, perhaps all is not lost. Google already appears to have [url="http://www.techradar.com/news/software/applications/google-maps-adds-offline-feature-youtube-app-gets-watch-later-update-1087189"]softened its stance[/url] on allowing users to download YouTube content for later viewing….. An update from Philip is posted [url="http://www.youtube-mp3.org/situation-update"]here[/url]. Source: [url="http://torrentfreak.com/youtube-mp3-fights-google-with-lawyers-and-220k-signature-petition-120703/"]YouTube-MP3 Fights Google With Lawyers and 220K+ Signature Petition[/url] [url="http://torrentfreak.com/?flattrss_redirect&id=53552&md5=5084d9e447051523101378daac587968"][img]http://torrentfreak.com/wp-content/plugins/flattr/img/flattr-badge-large.png[/img][/url] [url="http://feed.torrentfreak.com/~ff/Torrentfreak?a=38h0hngewvo:F6cuG6NWMOs:yIl2AUoC8zA"][img]http://feeds.feedburner.com/~ff/Torrentfreak?d=yIl2AUoC8zA[/img]</img>[/url] [url="http://feed.torrentfreak.com/~ff/Torrentfreak?a=38h0hngewvo:F6cuG6NWMOs:D7DqB2pKExk"][img]http://feeds.feedburner.com/~ff/Torrentfreak?i=38h0hngewvo:F6cuG6NWMOs:D7DqB2pKExk[/img]</img>[/url][img]http://feeds.feedburner.com/~r/Torrentfreak/~4/38h0hngewvo[/img] [url=http://feed.torrentfreak.com/~r/Torrentfreak/~3/38h0hngewvo/]View the full article[/url]
  2. Will Smith and Jada Pinkett Smith have a decision to make ... 'cause now that their good friends Tom Cruise and Katie Holmes are in the middle of a nasty divorce, they've gotta pick a side. Will and Jada were pretty tight with TomKat -- they&hellip; </p> [url=http://www.tmz.com/2012/07/03/will-smith-jada-tom-cruise-katie-holmes-divorce/]View the full article[/url]
  3. By Sowmya Krishnamurthy The pregnancy scandal between Stevie J and Joseline kicked off last night's episode of "Love & Hip Hop Atlanta." Stevie admitted to sleeping with his artist ("Did I hit it? Yeah," he says) but dodged any responsibility for the alleged bun in the oven. Meanwhile, in Scrappyland, Erica tried to put the sexy moves on her man to show him that she can be affectionate. Despite a PG-13 foot rub, Scrappy told his baby mama that he's getting his own bachelor pad. So much for rose petals and candlelight. One of the few working women on the show, Rasheeda, continued to struggle with her hubby/manager Kirk about going to a major label. Kirk hopes to relinquish his daily duties in order to keep his wife while Rasheeda is fiercely indie. Speaking of industry problems, K. Michelle was forced to face her past demons and the reputation she garnered while at Jive. Despite a moderately successful showcase, K was served a huge slice of humble pie when veteran manager Jeff Robinson told K. that her crazy, sleazy reputation precedes her in the industry. If she wants to work with him and make it in the game, she had better clean up her rep, advises Robinson. The showcase was overshadowed when Stevie started acting out, albeit drunkenly. Mimi snubbed her man and refused to give him a kiss and Erica poked fun at the incident. The producer went into a tizzy and began cursing out Erica for her jabs and blamed it later on being inebriated. Too bad Scrappy didn't see it that way. He threatened to rough up and "put paws" on Stevie for what he said to his lady. "I'm going to be very politically hood correct," said Scrappy, on how he'll deal with the situation. Grab your popcorn, kiddos. This is going to be a good fight! The episode ended with Mimi and Joseline sitting down and exchanging insults. Stevie walked in (did we mention that he walked in with Joseline's pregnancy test?) and the argument turned into a heated free-for-all. Mimi ends up storming off, giving the two lovers time to fight. Stevie and Joseline had a verbal throw down that included the producer threatening to send Joseline "back to the strip club." Cue tears and more finger pointing. Joseline said that Stevie is controlling and hangs her stripper past over her. "I gave you another life," said Stevie to which Jos responded, "I'm not going back!" Stevie, clearly agitated, ended the conversation with an insult, compliment knockout: "Watch how you speak to me, Joseline. You look nice by the way." Spoken like a true pimp. Related Lil Scrappy Opens Up About Diamond, 'Love & Hip Hop' [url=http://rapfix.mtv.com/2012/07/03/love-hip-hop-atlanta-episode-3-recap-stevie-j-joseline-scrappy/]View the full article[/url]
  4. Katie Holmes will be getting virtually nothing from Tom Cruise by way of $$$$ because their prenup cuts her out of his fortune ... and sources connected with Katie tell us it's just fine with her.We've learned the prenup Katie signed is long, tight&hellip; </p> [url=http://www.tmz.com/2012/07/03/katie-holmes-tom-cruise-prenup-money-divorce-child-support/]View the full article[/url]
  5. Marc Anthony isn't just on good terms with his estranged wife Jennifer Lopez ... he's also on good terms with the guy who's bangin' her ... at least judging by this photo. TMZ has obtained a photo of Casper Smart in a great, big bro hug with Marc at&hellip; </p> [url=http://www.tmz.com/2012/07/03/marc-anthony-casper-smart-bro-hug-photo/]View the full article[/url]
  6. Sure, he's got some issues now -- his movie tanked, he's getting divorced -- but Tom Cruise is turning the big 5-0 today ... and he STILL looks like $275 million (minus Katie's share.)Here's the actor as a 29-year-old back in 1992 (left) -- and over&hellip; </p> [url=http://www.tmz.com/2012/07/03/tom-cruise-50th-birthday-good-genes-good-docs/]View the full article[/url]
  7. Lane Garrison still hasn't had his fill of the big house -- telling TMZ, he wants to go back to jail ... to continue his mentor work with other prisoners. TMZ broke the story, the former "Prison Break" star had been giving his fellow inmates acting&hellip; </p> [url=http://www.tmz.com/2012/07/03/lane-garrison-jail-mentor-video/]View the full article[/url]
  8. Since getting arrested for cocaine possession and checking into rehab earlier this year, fashion mogul Calvin Klein's ex-boyfriend Nick Gruber has really changed his ways .... he's now sucking face with chicks.The 22-year-old former gay porn star&hellip; </p> [url=http://www.tmz.com/2012/07/03/calvin-klein-boyfriend-kissing-woman/]View the full article[/url]
  9. By Rob Markman Kanye West dropped a new a cappella freestyle during his Sunday night performance at the BET Awards and it certainly wasn't an accident. A few hours later he and Pusha T dropped their latest single "New God Flow," and it all came together. The track starts off with a vocal sample from Ghostface Killah's "Mighty Healthy" from his 2000 classic Supreme Clientele LP. "Shake that body, party that," the Wu-Tang Clansman is heard saying in the track's opening seconds. Though the track for "New God Flow" is markedly different, like Ghost's "Mighty Healthy," it does sample its drums from Melvin Bliss' 1973 break record "Synthetic Substitution." Pusha, who has been on a tear lately, appearing on G.O.O.D. Music's "Mercy" and his own "Exodus 23:1," sets things off lyrically with a spirited verse. "I believe there's a God above me, I'm just the God of everything else/ I put holes in everything else, new God flow, f--- everything else," he rhymes. In his verse, the Clipse MC references his drug-dealing past, vacations to Ibiza and exotic car collection. "Well, if you goin' coupe, I'm goin' four-door," he playfully spits, challenging Kanye. In his second verse, Pusha baits all his competitors, though just like on "Exodus 23:1," they go unnamed. "Step on their necks till they can't breathe/ Claim they five stars, but sell your dreams," he starts off before he steps it up further, spitting "F--- 'em, 'Ye/ I wouldn't piss on that n---a with Grand Marnier." Once Push gets all of his rap frustration off his chest, Kanye jumps in for the song's climactic third verse, the same one he performed at the 2012 BET Awards. "Hold up, I ain't tryna stunt, man/ But the Yeezys jumped over the Jumpman," he raps, referencing the popularity of his sneakers in comparison to the industry standard: the mighty Air Jordan. Like on "Mercy," West commands a beat change for his bars. Three-quarters of the way through his closer, the dusty hip-hop track changes and takes on the characteristics of a stadium chant — think Queen's 1977 classic "We Will Rock You." "Did Moses not part the water with the cane?/ Did strippers not make an arc when I made it rain?/ Did Yeezy not get signed by Hov and Dame?/ And ran to Jacob to make the new Jesus chain," he asks in a rhetorical rhyme. The truth is, Kanye cemented himself as a rap God way before releasing this new single, but just in case fans forgot, the "Jesus Walks" rapper turns musical water into wine with his "New God Flow." [url=http://rapfix.mtv.com/2012/07/03/kanye-west-pusha-t-get-their-new-god-flow-on/]View the full article[/url]
  10. I unlocked the MasterChef Fan sticker on @GetGlue! http://t.co/vjAD6ub9

  11. #NowPlaying D.Carter ft. Beat King & Nunu - Stop Cuffin (Club Mix) @beatkingkong

  12. MAKE IT STOP -- barely a month after "That's So Raven" star Orlando Brown was arrested on an outstanding warrant, stemming from his 2011 DUI case ... another arrest warrant has been issued for the actor.TMZ broke the story ... 24-year-old Brown was&hellip; </p> [url=http://www.tmz.com/2012/07/02/orlando-brown-arrest-warrant-dui/]View the full article[/url]
  13. Two women who claim they were injured in the Chris Brown vs. Drake brawl have sued the nightclub ... insisting it wouldn't have happened if the club hadn't been over-serving people who were already trashed. In the lawsuit, obtained by TMZ ... Lucy&hellip; </p> [url=http://www.tmz.com/2012/07/02/chris-brown-drake-brawl-victims-sue-club-wip/]View the full article[/url]
  14. Sorry to rain on your naked Carly Rae Jepsen parade -- but the "Call Me Maybe" singer is NOT the chick with pierced nipples whose naked photos surfaced on the Internet today.A rep for Carly tells TMZ, “This is 200% NOT Carly" in the photos.As&hellip; </p> [url=http://www.tmz.com/2012/07/02/carly-rae-jepsen-naked-photos/]View the full article[/url]
  15. Justin Bieber ripped a DJ for confusing him with Justin Timberlake -- because why would he ever want to be compared to a slacker like JT?? Oh, wait ... Check out TMZ on TV -- click here to see your local listings! </p> [url=http://www.tmz.com/2012/07/02/justin-bieber-justin-timberlake-tmz-tv/]View the full article[/url]
  16. The Church of Scientology is adamant ... nobody under the age of 16, including Suri Cruise, is allowed to join its elite Sea Organization. The Church's lawyer has released a statement ... saying in addition to the minimum age requirement (16 years&hellip; </p> [url=http://www.tmz.com/2012/07/02/church-of-scientology-suri-sea-org-katie-holmes-tom-cruise/]View the full article[/url]
  17. [img]http://moviesblog.mtv.com//wp-content/uploads/movies/2012/07/Doug-Pitt.jpg[/img] Did you know that Brad Pitt has a brother named Doug? Did you know that Doug Pitt has a pretty awesome printer/scanner set-up? A new ad from Virgin Mobile Australia will set you straight. Also, kids reenact "Alien," and Dustin Hoffman makes his directorial debut in today's Dailies! [b]»[/b] Brad Pitt's brother Doug might not have the luxurious lifestyle, but he still knows how to party. [[url="http://gawker.com/5922912/brad-pitts-regular-guy-brother-doug-gets-taste-of-famous-siblings-lifestyle-in-new-virgin-mobile-ad"]Gawker[/url]] [b]»[/b] Prepare to get uncomfortable with the first trailer from "Compliance." [[url="http://trailers.apple.com/trailers/magnolia/compliance/"]Apple[/url]] [b]»[/b] Check out this James Bond video blog on the design aspects of "Skyfall." [[url="http://www.youtube.com/watch?v=KCwEjjzJiUs&feature=youtu.be"]YouTube[/url]] [b]»[/b] "Bates Motel," the "Psycho" spin-off series from former "Lost" executive producer, Carlton Cuse, gets series order at A&E. [[url="http://www.indiewire.com/article/television/a-e-greenlights-the-hitchcock-inspired-drama-bates-motel"]Indiewire[/url]] [b]»[/b] We're not quite sure if watching this "Alien" remake starring children is more adorable or disturbing. Probably both. [[url="http://www.buzzfeed.com/wedontgiveafrak/kids-remake-alien-2t1y"]BuzzFeed[/url]] [b]»[/b] Dustin Hoffman directed a sequel to "The Best Exotic Marigold Hotel," and it's called "The Quarter." [[url="http://blogs.indiewire.com/theplaylist/watch-retired-opera-singers-congregate-in-the-first-trailer-for-dustin-hoffmans-directorial-debut-quartet-20120702"]The Playlist[/url]] [b]»[/b] "Ted" wasn't the first movie concept Seth MacFarlane came up with. Here are several others. [[url="http://www.collegehumor.com/"]College Humor[/url]] [b]»[/b] Here's a wonderfully insightful history of actors in fat suits. Long live Hollywood! [[url="http://www.vulture.com/2012/07/bloated-history-of-the-movie-fat-suit.html"]Vulture[/url]] [b]Welcome to the [url="http://moviesblog.mtv.com/category/dailies/"][b]Dailies[/b][/url], where the MTV Movies team runs down all the film and television news, odds and ends that are fit to print! From awesome fan art to obscure casting news, this is your place to feast on all the movie leftovers you didn't know you were hungry for.[/b] [url=http://moviesblog.mtv.com/2012/07/02/brad-pitt-brother-doug/]View the full article[/url]
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  25. [img]http://torrentfreak.com/images/dummies.jpg[/img]Last fall, John Wiley and Sons became the first book publisher [url="http://torrentfreak.com/major-book-publisher-files-mass-bittorrent-lawsuit-111031/"]to go after BitTorrent users[/url] in the US. And the publisher didn’t stop at just one. In recent months Wiley has filed more than a dozen mass BitTorrent lawsuits involving a few hundred John Doe defendants in total. The Does are all accused of sharing digital copies of titles including “Hacking for Dummies,” “Day Trading for Dummies” and “Cooking Basics for Dummies.” Talking to TorrentFreak, Wiley’s attorney William Dunnegan said previously that one of the main goals of the legal campaign is to obtain the personal details of the alleged infringers and offer them the opportunity to solve the matter through a settlement. However, when a defendant is unresponsive to the settlement offer, Wiley is prepared to go a step further. Earlier this year the book publisher named several defendants in an updated complaint, and one has now been ordered to compensate Wiley for sharing a copy of “WordPress All-in-One For Dummies” on BitTorrent. Judge William Pauley entered a [url="http://www.scribd.com/doc/98907191/Defauly-Dummy"]default judgement[/url] of $7,000 in damages against Robert Carpenter, who failed to respond to the allegations. The man from Poughkeepsie, New York, has been found guilty of a unique combination of both copyright and trademark infringement. To our knowledge, this is the first time that sharing files on BitTorrent has been viewed as counterfeiting, a description that’s usually reserved for [url="http://www.stopfakes.gov/faqs/what-difference-between-piracy-and-counterfeiting"]fake goods[/url] sold as the real deal. For the copyright violations Carpenter has to pay $5,000 in damages plus another $2,000 for the counterfeiting. This is relatively mild compared to the allowed maximum statutory damages of $150,000 Wiley asked for. “Judgement shall be entered in favor of Wiley and against Carpenter for damages in the amount of $7,000, representing $5,000 in statutory damages pursuant to 17 U.S.C 504 (c) for Carpenter’s infringement of Wiley’s copyright, and $2,000 in statutory damages pursuant to 17 U.S.C 504 (c) for Carpenter’s counterfeiting of Wiley’s Trademarks,” Judge Pauley writes. Thus far Wiley has enjoyed a relatively easy ride in court. In several cases the New York federal court has allowed the book publisher to subpoena Internet providers for the personal details of account holders. This means that aside from the $7,000 in damages from Carpenter, the book publisher may have raked in more than a million dollars though private settlements. Private settlements are usually around $3,000 per person, which quickly adds up with hundreds of defendants. TorrentFreak asked Wiley for a comment on the outcome of the case but we have yet to hear back. Source: [url="http://torrentfreak.com/7000-fine-for-sharing-wordpress-for-dummies-on-bittorrent-120702/"]$7,000 Fine for Sharing “WordPress For Dummies” on BitTorrent[/url] [url="http://torrentfreak.com/?flattrss_redirect&id=53526&md5=bd9a275b7b52dd22e2465507a4a2a4cc"][img]http://torrentfreak.com/wp-content/plugins/flattr/img/flattr-badge-large.png[/img][/url] [url="http://feed.torrentfreak.com/~ff/Torrentfreak?a=CKBffyCQXlk:KFitm72fMIg:yIl2AUoC8zA"][img]http://feeds.feedburner.com/~ff/Torrentfreak?d=yIl2AUoC8zA[/img]</img>[/url] [url="http://feed.torrentfreak.com/~ff/Torrentfreak?a=CKBffyCQXlk:KFitm72fMIg:D7DqB2pKExk"][img]http://feeds.feedburner.com/~ff/Torrentfreak?i=CKBffyCQXlk:KFitm72fMIg:D7DqB2pKExk[/img]</img>[/url][img]http://feeds.feedburner.com/~r/Torrentfreak/~4/CKBffyCQXlk[/img] [url=http://feed.torrentfreak.com/~r/Torrentfreak/~3/CKBffyCQXlk/]View the full article[/url]
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