“second enclosure of the commons” James Boyle, “The Second Enclosure Movement and the Construction of the Public Domain” (Creative Commons, 2003).

“The TUBE BAR prank calls . . .” Email submitted as trial evidence.

“there was nothing left to upload” Similar complaints may be found today on What.cd.

CHAPTER 17

The beef had made the cover of Rolling Stone Evan Serpick, “Kanye vs. 50 Cent,” Rolling Stone, September 6, 2007.

a coworker pulled him aside Jerry Swink, a maintenance worker at the plant.

CHAPTER 18

only one . . . had been brought to a jury trial Several other defendants would later take their cases to trial. They all lost.

Thomas appealed the ruling The case of Virgin Records America, Inc. v. Thomas-Rasset is endless. The judge in the first trial vacated the first ruling of $222,000 in damages and ordered a retrial. Thomas was found guilty again at the second trial, and the jury ordered her to pay an astonishing $1.92 million for pirating 24 songs. The same judge called this amount “monstrous and shocking” and reduced damages to $54,000. Thomas refused to pay, and appealed. A third trial was held to determine damages. The jury in that trial ordered Thomas to pay $1.5 million. The amount was again reduced to $54,000, which Thomas again refused to pay. She appealed to a higher court, which then reinstated the original damages from the first trial of $222,000. Thomas then appealed to the Supreme Court of the United States, which rejected her petition.

the music industry’s sacrificial martyr See Nick Pinto, “Jammie Thomas-Rasset: The Download Martyr,” Minneapolis City Pages, February 16,

2011.

“There’s no one in the record company that’s a technologist . . .” Seth Mnookin, “Universal’s CEO Once Called iPod Users Thieves. Now He’s Giving Songs Away,” Wired, November 2007.

“World’s Stupidest Recording Executive” This was later softened to “Is Universal’s Doug Morris the Stupidest Recording Exec Ever?,” Mary Jane Irwin, Gawker, November 27, 2007.

Jackson . . . rights to the majority of the Beatles catalog For a longer discussion, see Stephen Gandel, “Michael Jackson’s Estate: Saved by the Beatles,” Time, July 1, 2009.

over the remaining million dollars, they would flip a coin Carter offers his own take on this event in the lyrics to the song “Run This Town.”

CHAPTER 19

What.cd’s music archive grew to surpass even Oink at its peak It also became a trophy case for the holy grails of online piracy. J. D. Salinger’s leaked “The Ocean Full of Bowling Balls” was first posted there, as were high-resolution full-color scans of all 2,438 pages of Nathan Myrvhold’s 52-pound cookbook, Modernist Cuisine.

“A place called Linux?” Trial transcript. Alan Ellis and Matthew Wyatt proceedings, January 13, 2010.

He later served a two-year sentence Svartholm Warg’s legal troubles are ongoing. Unrelated to his work with the Pirate Bay, he faces criminal charges in both Sweden and Denmark for hacking into government and commercial databases. He was found guilty at trial in Denmark in October 2014 and sentenced to three years in prison.

“It is impossible to enforce the ban against non-commercial file sharing . . .” Christian Engström and Rick Falkvinge, The Case for Copyright Reform (Creative Commons, 2012), 1.

two Pirates would take seats at the table of the European Union Neither would win reelection. Currently there is one Pirate in the EU parliament: Julia Reda, representing Germany.

their original 14-year terms The U.S. Copyright Act of 1790 provided 14 years of protection, with the option to renew the copyright for an additional 14 years if the author was still alive. It was patterned after the similar UK Statute of Anne, passed in 1710.

protections that could last for hundreds of years The relevant piece of U.S. legislation is 1998’s Copyright Term Extension Act, also known as the Sonny Bono Act, after its author, or the Mickey Mouse Protection Act, after its primary beneficiary. The legislation extended the terms of copyright to seventy years after the death of the creator and offered even greater protections for works of corporate authorship. It passed with broad bipartisan support.

“Negative rates are a function of global abundance . . .” Izabella Kaminska, “Counterintuitive Insights That Are Only Now Making the Mainstream Now [sic],” FT Alphaville, April 26, 2013.

only in one other country . . . did the Pirates gain a foothold In 2013, the Pirates won three seats in Iceland’s national parliament. In 2014, a Pirate was elected the mayor of a small town in the Czech Republic.

CHAPTER 20

The contact’s name was listed only as “D” Glover’s IP address was also stored in the phone.

Chow had his own lawyers . . . George Murphy and Terry Yates Murphy would later call this his favorite case of all time. “It was an ass-kicking from the first minute.”

He performed poorly Specifically, Glover claimed to have spoken briefly with Cassim at their pretrial arraignment in Virginia. Rivera challenged this assertion, claiming that he had been standing next to Cassim the entire time and that no such conversation had occurred.

the FBI did not present recordings of Cassim’s voice as evidence It is unclear if such recordings existed. Glover’s lawyer later told him that the FBI had wiretapped Glover’s cell phone, but the Department of Justice made no mention of this during the trial.

EPILOGUE

“near-military-scale planning” Steven J. Horowitz, “Protecting the Throne,” Billboard, August 20, 2011.

Patrick Saunders . . . eventually got a job as a paralegal He also paid a service called DeleteMe to remove all trace of himself from the Internet. I found him through a database used by skip tracers.

Simon Tai . . . was never charged with a crime Having married a pastor’s daughter and converted to Christianity, Tai credited divine intervention.

soon found myself in a warehouse in Queens Specifically Guardian Data Destruction in Long Island City. I give them my highest recommendation.

INDEX

The page numbers in this index refer to the printed version of this book. To find the corresponding locations in the text of this digital version, please use the “search” function on your e-reader. Note that not all terms may be searchable.

Adar, Ricky, 56–57

Addleshaw Goddard (law firm), 212–14

Advanced Audio Coding (AAC), 60, 88

Apple support for, 133, 155

Fraunhofer development of, 60, 88

industrial applications for, 96–98

advertising revenue, 230–38

Affinity (underground newsletter),

72–73, 269

Aftermath record label, 78, 109

album-oriented music, 198–99, 226–27

All Eyez on Me (album), 77–78, 84

America Online (AOL)

Nullsoft purchase by, 128

Time Warner merger with, 122, 154–55

“America’s Dumbest Soldiers, ” 169

A&M Records vs. Napster, 121, 166–68

Apocalypse Production Crew piracy group, 180, 182, 193–96, 203, 249, 251

Apple

Jobs’ illness and, 236–37

licensing deals by, 261

mp3 and, 62, 132–33

offer to hire Morris, 154–57, 236–37

sales dominance of, 192–93

Universal Music bid by, 154–57

Atlantic Records, 39–41, 45, 50, 237

AT&T. See also Bell Labs

Advanced Audio Coding project and, 60