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What’s the Appropriate Punishment for Illegal Downloading? – Law Blog – WSJ

Are the federal copyright laws designed to target consumers?

If so, are the penalties that can be levied under them constitutional?

These two questions got a public airing up at the First Circuit in Beantown on Monday in a fascinating case concerning unsanctioned song downloading.

The arguments were part of an appeal taken by Joel Tenenbaum, a Boston University student sued by the music recording industry. At trial, a jury ruled in favor of the Recording Industry Association of America, ordering Tenenbaum to pay $675,000. The district judge later slashed the award by 90 percent, to $67,500, arguing that the jury’s award was “unconstitutionally excessive.”

On Monday, a lawyer for Tenenbaum, a Harvard law student named Jason Harrow, pushed the notion further, arguing that Congress never intended to punish individual consumers when passing the Digital Theft Deterrence Act of 1999. Click here for the Boston Globe story. Click here, here, here and here for earlier LB posts.

“No one thought the statue would apply to consumer users like this,’’ Harrow, 27, told the court.

via What’s the Appropriate Punishment for Illegal Downloading? – Law Blog – WSJ.

Jury to Determine Question of Bad Faith and Whether to Draw Adverse Inference as Sanction for Loss of Video Pursuant to Document Retention Policy : Electronic Discovery Law

Rattray v. Woodbury County, 2010 WL 5437255 (N.D. Iowa Dec. 27, 2010)

In this case, the court imposed sanctions for defendants’ failure to preserve relevant video footage and ordered an instruction allowing the jury to determine whether the recording was destroyed in bad faith and, if so, to infer that it would have been unfavorable to the defendants.  In so holding, the court cited as an important factor that the video was the only recording of what occurred, “which weighs heavier in this case than the lack of actual knowledge that litigation was imminent at the time of the destruction.”

Rattray was arrested on August 16, 2006 for operating a motor vehicle while intoxicated.  As part of the booking procedure, Rattray was strip searched.  At that time, she refused to submit to the search, screamed “Rape!”, and told the officers she intended to file a lawsuit.  There was no dispute that the Woodbury County Jail recorded Rattray’s treatment following her arrest.  On September 14, 2006, Rattray filed a motion seeking an order for the production of the recording in her criminal case.  On September 15, 2006, the Iowa district court entered an order to preserve “any video recordings of [Rattray], at the time she was booked into the jail … with respect to the charge (OWI) pending in this case.”  On October 24, 2006, Rattray’s counsel in her criminal case sent a letter to the Sheriff’s Department complaining about Rattray’s treatment “and demanding answers” but did not specifically threaten litigation or request a copy of the video recording.

Despite the above, a portion of the recording was lost.  The assistant to the chief and to the jail administrator explained that she had previously copied recordings when ordered by the court to do so, but that the copies only depicted the booking procedure.  Likewise, in the present case, the copy of the relevant recording terminated prior to Rattray being taken from the holding cell.  The assistant further testified that the policy regarding recordings had since changed, and that she was now required to copy the entire recording from the time an arrestee walks into the jail until they are placed in a temporary cell.  Any footage not copied was automatically overwritten after approximately thirty days.

via Jury to Determine Question of Bad Faith and Whether to Draw Adverse Inference as Sanction for Loss of Video Pursuant to Document Retention Policy : Electronic Discovery Law.

Video Search Company Gets Investor Attention – NYTimes.com

The number of surveillance cameras in the world is estimated in the tens of millions, with almost all these cameras recording 24 hours a day of footage. New York alone manages 1,500 surveillance cameras, and that number is expected to reach 3,000 next year.

But it is difficult, if not close to impossible, for camera operators to sift through all this footage because it requires countless hours to find a single moment on a camera’s tape.

3VR Security, based in San Francisco, Calif., says it has solved that problem with technology that automatically catalogs video footage so that it can be searched at a later date, just like looking up a query on Google. And some technology investment companies seem to agree; 3VR closed a $17 million round of financing on Tuesday.

“We extract information from the video including face recognition, license plates, colors and more, that can all be searched at a moment’s notice,” explained Al Shipp, 3VR’s chief executive officer, in a phone interview.

via Video Search Company Gets Investor Attention – NYTimes.com.

To Crack Down on Insider Trading, UK to Require Recording Calls – Law Blog – WSJ

There’s been plenty of focus on what U.S. regulators are doing to clamp down on insider trading. Now, their counterparts across the pond are getting in on the action as well.

On Thursday, the U.K.’s Financial Services Authority said that starting in November next year, firms will have to record the cell phone conversations of some employees as part of its push to detect insider dealings.

The rule would apply to about 16,000 mobile phones of financial employees in the U.K. who place or take client orders in the equity and bond markets, as well as in the financial and commodities derivatives markets, according to this WSJ story by Sara Schaefer Munoz. It’d be first in Europe that specifically applies to monitoring conversations on business cell phones.

The goal? To deter fraud and to assist with alleged insider trading cases, says the FSA, which is also introducing a rule that conversations related to the above transactions cannot be held on personal mobile phones, through private email, Skype or “chat” accounts.

“Even where individuals are aware they are being recorded, they have been known to incriminate themselves and/or to betray their knowledge and intent, which helps to bolster an otherwise circumstantial case,” the agency said in a statement. “Equally, recorded conversations may support an individual’s subsequent defense of his actions.”

via To Crack Down on Insider Trading, UK to Require Recording Calls – Law Blog – WSJ.

Document Capture in the Cloud | Hosted Document Management

Sometimes it really helps to see a concept in action to really appreciate how it works. That’s why we just conducted a webinar with our partner, CAPSYS, to illustrate how to do end-to-end document capture using two cloud-based applications – KnowledgeTree and CAPSYS CAPTURE.

The webinar (recording available here) gives a great overview of both products, but more importantly, it shows how they work together to make common business processes more efficient.

In our example, the company Empire Technologies uses CAPSYS in the warehouse, where Luke scans in packing slips from shipments he receives. He’s able to capture the PO number and other fields to create metadata that gets passed to KnowledgeTree via Hot Folders.

Once the document lands in KnowledgeTree, it is automatically enrolled in a workflow that routes it to Lando in purchasing so it can be matched to the purchase order and sent to accounting.

In our second scenario, Leia in human resources has to scan a completed I-9 form and two supporting pieces of identification. After she scans the form, a passport and a California driver’s license for Chewbacca, the documents are scanned in secured folders that only HR can access. Further, a notification can be sent to the hiring manager that the paperwork is complete.

These are just two of the many business processes that be streamlined and simplified with document capture and document management systems. The fact that both these systems are cloud-based means that the only piece of equipment you need is a scanner.

To learn more, watch the webinar recording.

via Document Capture in the Cloud | Document Management | Hosted Document Management.