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Is CD Copy Protection Illegal?

ribbiting writes "US Rep. Rick Boucher, D-Va. is asking RIAA execs to explain how they can collect royalties on various blank media at the same time that the RIAA members are implementing copy protection mechanisms, with particular reference to the Audio Home Recording Act (AHRA) of 1992." Glad someone is asking the question.

216 of 573 comments (clear)

  1. Re:No, I guess by JanneM · · Score: 3, Insightful

    Except that they get a bit of money for every blank tape or CD as compensation for us being able to do those same copies they now want to inhibit.

    /Janne

    --
    Trust the Computer. The Computer is your friend.
  2. Boucher Gets It (tm) by Tackhead · · Score: 5, Funny

    Y'know, I'm at the point where I'd move to VA just to be able to someday vote for him ;-)

    1. Re:Boucher Gets It (tm) by alkali · · Score: 3, Interesting
      You can always go to his campaign web site and make a contribution -- it's here.

      (Oddly, for such a tech-savvy guy, he's not set up for secure credit-card contributions over the internet; most campaign web sites are. I usually send amounts totalling $1-2K a year to various campaigns -- usually because their opponent annoys me -- and I almost always contribute by CC.)

    2. Re:Boucher Gets It (tm) by markmoss · · Score: 2

      I lived in VA for a while ... never again. But a couple more stories like this, and it will get tempting. Especially every time I see the guy that's apparently glued to the local congressional seat drooling on TV....

    3. Re:Boucher Gets It (tm) by BetaJim · · Score: 3, Informative
      You are certainly right about Rep. Boucher. I live in the district he serves in SW Virginia, so I also see the local side of things. Boucher seems to work tirelessly in two areas: helping our district (which hasn't been the same since the coal industry has slumped) and technology issues. I don't have warm feelings toward many politicians (I use to be down right cynical), but meeting and listening to one good politician made me reevaluate things.

      Do move to VA, it is a very nice state :)

      --

      "Drug related crime" is a misnomer, "prohibition related crime" is the more accurate and correct phrase.

    4. Re:Boucher Gets It (tm) by geekoid · · Score: 2, Insightful

      If you want to live in a state with a UCITA law...

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:Boucher Gets It (tm) by TedCheshireAcad · · Score: 5, Funny

      Of course the more entertaining question is, who would win in a fight, Boucher or Hollings?

      ..I miss the days of good old fashioned Senate floor ass whoopings, we haven't had a good one since before the Civil War.

      Oh well.

    6. Re:Boucher Gets It (tm) by Spirilis · · Score: 2, Funny

      Heh, he probably doesn't allow secure credit-card transactions because even he knows they're not necessarily safe ;-)
      More tech-savvy than we give him credit for I guess? :)

      --
      the real at&t mix
    7. Re:Boucher Gets It (tm) by MulluskO · · Score: 4, Informative

      Boucher's Email

      WASHINGTON, D.C. OFFICE

      2187 Rayburn House Office Building
      Washington, D.C. 20515
      202-225-3861

      DISTRICT OFFICES

      188 East Main Street
      Abingdon, Virginia 24210
      540-628-1145

      112 North Washington Avenue
      Pulaski, Virginia 24301
      540-980-4310

      1 Cloverleaf Square, Suite C-1
      Big Stone Gap, Virginia 24219
      540-523-5450

      --

      Too busy staying alive... ~ R.A.
    8. Re:Boucher Gets It (tm) by stripes · · Score: 2
      the most likely place for tech employment is the DC suburbs, where real estate is as expensive as California and the weather sucks

      You can get townhomes in CA for $100K and single family homes for under $200K? Close to the tech jobs?

      Sign me up, goodbye crappy VA weather :-)

    9. Re:Boucher Gets It (tm) by Brian+See · · Score: 4, Informative

      Boucher has nothing to do with UCITA's acceptance in Virginia.

      Congressman Boucher is a Member of the United States Congress -- the federal legislative body.

      UCITA was adopted in the state of Virginia by the Virginia General Assembly, Virginia's legislative body.

      As a U.S. Representative, Boucher never voted for or against UCITA.

  3. The record companies worst nightmare by tlk+nnr · · Score: 4, Insightful

    According to the US constitution, Congress may pass law to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
    But it doesn't have to.
    And several million voters got used to Napster.
    I doubt that there will be any dramatic steps in either direction, but disallowing and preventing everything probably won't happen.

    1. Re:The record companies worst nightmare by ConceptJunkie · · Score: 5, Insightful
      And several million voters got used to Napster.

      And several billion dollars says Napster shouldn't exist and "fair use" is theft.

      Who wins?


      #include "I_realize_Napster_is_not_equivalent_to_Fair_Use.h "

      --
      You are in a maze of twisty little passages, all alike.
    2. Re:The record companies worst nightmare by einhverfr · · Score: 5, Interesting


      And several million voters got used to Napster.

      And several billion dollars says Napster shouldn't exist and "fair use" is theft.


      And disillusioned customers stop buying music, so the record companies have the worst year in a long time... Also this attracts the attention of the Senate... Now who wins?

      --

      LedgerSMB: Open source Accounting/ERP
    3. Re:The record companies worst nightmare by ConceptJunkie · · Score: 2, Insightful
      Nice scenario, but I'm not holding my breath for anything to come of it.


      I know I'm not buying less music. (but I usually buy from smaller labels which may or may not be complicit in the conspiracy to maintain a monopoly on the distribution of media.)

      BTW, I primarily used Napster to hear things I've never been able to find for sale or sample music before purchasing it... and I purchased several CD's I would not have otherwise because of Napster.

      --
      You are in a maze of twisty little passages, all alike.
    4. Re:The record companies worst nightmare by geekoid · · Score: 5, Interesting

      "Floop!" said the tar pit...

      I buy my music from used music stores. I get the same wuality music, its cheaper, the money stay locally and it dosn't go to the riaa.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:The record companies worst nightmare by xenocide2 · · Score: 2, Insightful

      And several million voters got used to Napster.

      You mean several million non-voters. I'd wager that the majority of napster users haven't voted for anyone. I'd also wager that those who did vote didn't pay much attention to anything but the presidential ballot.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    6. Re:The record companies worst nightmare by StaticEngine · · Score: 5, Funny

      And disillusioned customers stop buying music, so the record companies have the worst year in a long time... Also this attracts the attention of the Senate... Now who wins?

      TARKIN: The National Senate will no longer be of any concern to us. I've just received word that Hillary Rosen has dissolved the council permanently. The last remnants of the Old Republic have been swept away.

      TAGGE: That's impossible! How will the RIAA maintain control without the bureaucracy?

      TARKIN: The Major Labels now have direct control over territories. Fear will keep the consumers in line. Fear of the DMCA and the New Police State.

    7. Re:The record companies worst nightmare by uebernewby · · Score: 5, Interesting

      And disillusioned customers stop buying music, so the record companies have the worst year in a long time...

      OK, I shouldn't really do this, but wtf ...

      Over the past two years or so, over here in the Netherlands at least, more and more "music afficionado's", meaning: "kids who bother to shell out bucks for music other than major label schtick", have been drifting towards more-independent-than-thou electronica, foregoing their usual diet of avantpop and guitar noise etc.

      Why? Lemme take a guess ...

      Like it or not, every form of guitar music excepting the most specialist garage thrash that gets recorded on two track cassette recorders as a matter of principle (as you can see, my own credentials are perfectly in order as well ... I remember the Donnas back when they didn't suck ... do you?) needs some form of label support to pay the atrocious bills of a studio that knows what it's doing.

      On the other hand, for modern day electronica, all you need is a fairly average desktop PC (running Windows or MacOS, I'm sorry to say*), a cd burner and a few thousand EUR or so to press vinyl copies. No record label *ever* gets involved.

      The result is that all truly original music nowadays gets made on a desktop computer, not by some geeky fellows in a mouldy practice space. Why bother with the latter if you can have near perfect sound quality and a near perfect materialisation of your musical vision at a tenth of the cost?

      Support these independent electronica artists by buying their albums, eschew major label shit, and sooner or later you'll have turned the entire musical landscape around just because there's no more need for out of the ordinary equipment to make out of the ordinary music.

      *Maybe some open source sound app developers should take a few pointers from Win/Mac freeware/shareware developers on how to develop music software? Please? I'd love to switch over completely to Linux, but unfortunately, most audio apps suck

      --

      News and bla for computer musicians: http://lomechanik.net/
    8. Re:The record companies worst nightmare by ToLu+the+Happy+Furby · · Score: 5, Interesting

      And several billion dollars says Napster shouldn't exist

      Several more billion dollars says Napster should exist. However, the PC and broadband industries--both of which collapsed in the wake of the Napster decision--do not spend their billions buying Congressmen. (Well, the surviving portion of the broadband industry does, but only because it has been consolidated into the hands of content owners, who of course contributed their billions against Napster.)

      The sad thing is that there was another industry which collapsed, though not quite as precipitously, at exactly the time of the Napster decision. I'm speaking, of course, about the recording industry. All throughout 2000, when Napster grew from almost-zero to 80 million users, IIRC, record sales increased to record levels (yay, a pun!). Sure the economy was good, but 2000 had IIRC the largest rate of increase in something like a decade. (And the economy was good for most of that decade.) Now 2001 is a terrible year for the record industry--which they blame on "piracy", of course, completely disregarding the fact that the decline started almost precisely when Napster got shut down.

      Of course there are other interpretations for why record sales sucked this year, e.g. "the music available sucked." But this is precisely the point--the music you heard about sucked. Maybe the fact that it was suddenly much more difficult (not just Napster, but even more the demise of independent online radio, also due to RIAA lawsuits) to hear about new bands and sample their music had something to do with this??

      The Napster case was just like the Sony Betamax case...the only difference was which side won. We know what the long-term consequences of losing the Betamax case were for the MPAA--roughly half of their income. The comparison with the RIAA's "victory" over Napster should prove enlightening...

    9. Re:The record companies worst nightmare by -=OmegaMan=- · · Score: 2

      "I get the same wuality music"

      I like the Wu-Tang as much as the next pasty suburbanite, but I didn't realize that they were now the benchmark for good music now. ;)

      --

      This sig is xenon coated, and will glow red when in the presence of aliens

    10. Re:The record companies worst nightmare by Kalabajoui · · Score: 2

      Your sig reminds me of another sig, it goes like this, "Under capitalism, man exploits man. Under communism it's the other way around."

    11. Re:The record companies worst nightmare by sqlrob · · Score: 2
      Everything I got with Napster was recorded before I was born

      So?

      I don't think copyright has expired on anything created in or before 1922.

    12. Re:The record companies worst nightmare by gilroy · · Score: 2
      Funny but you've misread things. The RIAA is just a bunch of dupes. They're not the real power or the real threat. The real threat is the movie industry, the MPAA. They have way more money to throw around, better "mindshare" (people always thought bootlegging for personal use is OK; almost no one thinks rampant movie copying is). So your line should probably more accurately read:

      TARKIN: The National Senate will no longer be of any concern to us. I've just received word that Jack Valenti has dissolved the council permanently. The last remnants of the Old Republic have been swept away.

      Second advantage: Valenti is an old coot who even looks like he could pass for the Emperor... :)
    13. Re:The record companies worst nightmare by The_Rook · · Score: 2

      the record companies hate the used cd business. as far as they're concerned every used cd is sold because the original purchaser has made a copy and no longer needs the original.

      --
      when religion is no longer the opiate of the masses, governments will resort to real opiates.
    14. Re:The record companies worst nightmare by infinite9 · · Score: 4, Funny


      TARKIN: The National Senate will no longer be of any concern to us. I've just received word that Hillary Rosen has dissolved the council permanently. The last remnants of the Old Republic have been swept away.

      TAGGE: That's impossible! How will the RIAA maintain control without the bureaucracy?

      TARKIN: The Major Labels now have direct control over territories. Fear will keep the consumers in line. Fear of the DMCA and the New Police State



      VADER: Don't be so proud of this technological terror you've created. The power to prevent copying is insigificant next to the power of open source.

      --
      Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
    15. Re:The record companies worst nightmare by nathanm · · Score: 3, Informative
      Though I guess the performance of that is copyrighted...
      somebody tell me!
      Yes, unless the recording was made before ~1922, it is copyrighted.

      For music, there are 2 kinds of copyrights:

      PA - Performing Arts

      SR - Sound Recording

      Since most classical music was written before ~1922, there is no PA copyright for it in general; hoever, a specific arrangement or orchestration can be copyrighted. Most sheet music of classical music is coprighted for this reason, unless it's aiming to be as close to the original score as possible (then it would be public domain).

      Every recording of classical music (or any music) is SR copyrighted. Since not many recordings exist from before ~1922, you can safely assume the recording is copyrighted.

    16. Re:The record companies worst nightmare by mpe · · Score: 2

      According to the US constitution, Congress may pass law to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. But it doesn't have to.

      Not only does it not have to, the situation of what should happen when the laws do not meet the specified end of promoting of "science and useful arts" does not appear to be too clear. (Or even if the laws, as with the DMCA, go further to the point of hindering.)

    17. Re:The record companies worst nightmare by mpe · · Score: 2

      Unless the American people react, by voting in people from third parties with little corperate sponsors, this cycle of business controlled politics will continue to get worse.

      This is kind of tricky when mainstream media represent one of the corporate interests involved. So any candidate who isn't republican or democrat is going to have to work extra hard to even be known about.

    18. Re:The record companies worst nightmare by budgenator · · Score: 2

      All part of it maybe that the hormone impared 13yrs have decided that cheesey boy/girl is now OUT and the music industry is between cash-cows until all of those kids decide what's next to be IN. Its easy for them to go gahgah over music when Mommy and Daddy's paying for it.

      After a little experience at something called working for a living, we tend to audition the CD either at a friends, or via MP3, before the money is paid for a double CD set with only one song worth listening to.

      I think that when the CD's are released w/copy-protection, it means that the artists are OUT and only the diehard fans are buying. They are only one step from being total has-been's.

      The RIAA argues that when the revenue curve starts to flatten at the top, they're losing to priracy; why then doesn't the revenues from blank media start ot rise?

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    19. Re:The record companies worst nightmare by Kalabajoui · · Score: 2

      It's somebodies signature here, but I forget who.
      I just liked it and saved it in my ever growing favorite quotes file. Glad you liked it, my sig when I use it goes like this, but it's rather too large and it's a hassle to use it.

      "in truth it was hard not to feel at least some affection for something capable of providing such unexpected pleasures as "bacon" and "murder" --Stephen King, Dreamcatcher

    20. Re:The record companies worst nightmare by Karellen · · Score: 2

      Uh - dude, the RIAA and MPAA may be different trade organisations, but they're both made up of the same bunch of guys. Sony. News Corporation. AOL-Time Warner. etc...

      And it's the members that have the power in a trade organisation. Yeah, Hilary Rosen and Jack Valenti are the heads, but they're just front people both paid by the same masters.

      --
      Why doesn't the gene pool have a life guard?
    21. Re:The record companies worst nightmare by ConceptJunkie · · Score: 2

      I used to... but most of the used CD places near me are gone now. :-(

      Besides, I have a hard enough time finding most of the things I want new, leave alone used.

      --
      You are in a maze of twisty little passages, all alike.
  4. Read, then post by Anonymous Coward · · Score: 2, Insightful

    The issue is whether or not they should be receiving money for every piece of blank media sold if they're selling cd's that can't be copied.

  5. Re:No, I guess by Carlos+Laviola · · Score: 5, Insightful

    Well, ok, it's either copy protection or the 1992 law they use to make a few bucks, obviously. I have this feeling that they will lose much more by trying to enforce copy protection (and by giving up that law, possibly) than just letting things go this way. Just think about it: you can circumvent copy protections -- that should be quite clear by now -- but you can't circumvent compulsory taxes so easily :-)

  6. In Canada... by MadCow42 · · Score: 2, Redundant

    A few years back they added a "tax" to recordable media to "help compensate the recording industry" for pirating that happens on such media.

    Now, if the RIAA were to "prevent" (haha) such pirating through copy protection, why should they get to double-dip by continuing to collect the revenues from that "tax"?

    You can't have your Cake and Rip it too.

    MadCow.

    --
    I used to have a sig, but I set it free and it never came back.
    1. Re:In Canada... by Anonymous+DWord · · Score: 5, Informative

      It's not a tax, it's a "levy." :) But the RIAA doesn't really have anything to do with that in Canada. The money goes to Canadian artists, based on record sales, which is the part that bugs me. They could give all this cash (22c/disc, currently) to promote up-and-coming bands, but it's all going to Celine Dion and Bryan Adams. GenericGarageBand doesn't see a dime. Not to mention every time you download and burn *BSD (Linux/Solaris/whatever), you're giving money to the music industry.

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    2. Re:In Canada... by mindstrm · · Score: 2

      IT wasn't to compensate them for pirating.
      It was to compensate them for the lost revenue when someone makes a copy of a CD for their car, or to take to the office, or makes their own mix instead of buying it from the record company.

    3. Re:In Canada... by ConceptJunkie · · Score: 3, Interesting
      >why should they get to double-dip

      You mean like the U.S. Government taxing your income, then taxing it again when you invest it and make money? And taxing it again if you use that money to pay an employee? ...

      --
      You are in a maze of twisty little passages, all alike.
    4. Re:In Canada... by dillon_rinker · · Score: 2

      So are buggy whip manufacturers given money from the sale of every car? Are opticians given money from every laser keratomy surgery? Are heart surgeons given a cut of the sales from health food stores?

      This makes absolutely no sense...communism/socialism is at least logical; those with much should give to those who have little or cannot care for themselves. Capitalism would suggest that if the world has changed and they can no longer earn a living they should starve. Here we have the FILTHY rich being supported because something has come along that might make them merely UNCLEANLY rich.

      Ah well. Me waits for an enlightened society which takes the record execs out and humanely shoots them, along with every other shyster and parasite on the economy.

    5. Re:In Canada... by mistered · · Score: 2, Informative
      And they can be reached by email at inquiries@cpcc.ca or by phone at (416) 486-6832. Their mailing address is:
      CPCC
      150 Eglinton Avenue East, Suite 403
      Toronto, ON
      M4P 1E8
      Feel free to ask them why you have to pay $0.21 to burn a free OS to CD or back up some files from your hard disk.
      --
      Enjoy your job, make lots of money, work within the law. Choose any two.
    6. Re:In Canada... by SealBeater · · Score: 2

      Just a friendly FYI, I have never, I mean NEVER had a data cd
      not work in any standalone, portable, car, etc cd player.

      SealBeater

      --
      -- Its survival of the fittest...and we got the fucking guns!!!
    7. Re:In Canada... by GMontag451 · · Score: 2
      communism/socialism is at least logical; those with much should give to those who have little or cannot care for themselves

      That's not logical. Productive, working people are suckers under such a system. In a Communist East German light bulb factory, for instance, the workers shipped a fair quantity of rocks in light-buld packaging. Why? Because it was easier and they got paid anyway. Until the whole system ate itself.

      This of course assumes that the workers do not enjoy working. This is already not true in some cases, and can be not true in all cases through appropriate pyschological and sociological conditioning. Or alternatively, workers in menial and unenjoyable jobs can be replaced with machines. Either way, communism is a viable economic model, and maximizes the happiness of the population, which should be the goal of any governmental/ecomonic system.

    8. Re:In Canada... by Anonymous+DWord · · Score: 2

      Yes, you will be arrested (or run that risk, anyway). However, under Canadian copyright law, you can borrow a friend's CD, make a copy of it for your own use, and give back their original.

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    9. Re:In Canada... by ConceptJunkie · · Score: 2

      First off, CD's actually came out about two decades ago, and I recall that that they were about $20-$25 or so when I first saw them some time around 83-85. However, your point is still extremely valid. CD's cost pennies a piece to create, and recall that the major record companies were wrist-slapped for colluding on prices artificially inflating CD prices to the tune of about $5/CD. I figure the record companies owe me about $4000. Maybe there'll be a class action suit so I can spend 3 hours of time to get $4.27.

      Ironically, one of my favorite shows, Mystery Science Theater 3000 is almost always cheaper on DVD than VHS, except for the really old episodes.
      Too bad they haven't released many episodes on DVD.

      A lot of DVD's do offer additional material that is worth the price, but again, you're right. You are paying for higher quality, even when the higher quality product is cheaper. Why do they do this? Because they can. I applaud your stand, and if I weren't such a weak-willed individual, I might take a similar stand.

      --
      You are in a maze of twisty little passages, all alike.
    10. Re:In Canada... by GMontag451 · · Score: 2

      I assume you live in either Russia or (what used to be) East Germany. Either way, you didn't see communism. Communism has never been put into practice as a economic model for an entire country. The "War Communism" that Lenin put into effect during the Russian Revolution, and Stalin then perpetuated was not commmunism at all. Communism is giving all your money and property to each other, not to the state.

  7. Re:No, I guess by ryants · · Score: 5, Insightful
    I'm free to not buy them.
    Unfortunately you forgot half the problem.

    You aren't free to not pay the taxes on blank media that they want (except by not buying blank media, but a lot of us have legitimate need for CDRs, etc).

    That's the real problem, in my opinion. You are assumed guilty without even a chance of proving your innocence.

    --

    Ryan T. Sammartino
    "Ancora imparo"

  8. And its a good question by Breakfast+Pants · · Score: 3, Troll

    I think we all know the answer though. A massive bribe by the RIAA's lobbyists should answer any of the congressman's dilemas.

    --

    --

    WHO ATE MY BREAKFAST PANTS?
    1. Re:And its a good question by Gerdts · · Score: 2, Interesting
      Let's take a look at who can line pockets. You say the senator is from Virginia, right?

      AOL lists 109 open jobs in Dulles, Reston, Manassas, etc., VA

      A google search for Herndon, VA reveals the following in the first couple pages. Surely some of these companies would like to see lots of people spending a lot of time on the Internet (or least finding significant value in it).

      Foundry Networks
      12801 Worldgate Drive, 6th Floor
      Herndon, VA 20170

      Directions to Inktomi in Herndon, VA
      Monument One
      1Plaza Ridge I, Suite 100 2975 Worldgate DPlaza Ridge I, Suite 100
      Herndon, VA 20170

      From Road Runner's jobs page
      Accounting Department (Herndon, VA)
      Administration Department (Herndon, VA)
      Commercial Services Department (Herndon, VA)
      Broadband Technology Department (Herndon, VA)
      Operations Department (various locations)

  9. What about the Telco by mfos.org · · Score: 4, Offtopic

    This seems similar to the Bells and AT&T selling the consumer Caller ID, then CID blocker to the telemarketers, then selling caller id blocker blocker to the consumer, then ....

    1. Re:What about the Telco by ImaLamer · · Score: 2, Offtopic

      Actually!

      I worked for Gannett Tel-Sel which is of course a division of Gannett Media.

      At their Cincinnati office [sells the Cincinnati Enquirer] we had a problem coming. Cincinnati Bell was going to implement the 'your number is blocked - enter the number now' service.

      Basically if you called me now from a private line you would get a message asking you to put in your 10 Digit number [or any 10 numbers!].

      The automated dialing system wouldn't like this one bit. Two days before the system was rolled out 10 execs came in to talk to our supervisors.

      I don't know what went on in that meeting, actually it was the only thing I never found out in that office. But I do know there were several calls to and from the firm that setup the auto-dial system.

      One day later we had techs out the wazoo making upgrades left and right.

      I couldn't get inside the meeting because it was for the 'downtown' people and the uber managers.

      Want anymore info on this tiny organization? Like how the Tele-Zapper doesn't affect the system? How the uber-uber manager got her job by threatening to sue for sexual harrassment but kept a manager who twice committed statutory rape; of course with a telephone sales rep? How the person who was going to 'rat' was pushed out of her job? [and the woman who quit was so beloved, I for one cried her last day because she would do anything for us 'kids']

    2. Re:What about the Telco by MikeyNg · · Score: 4, Insightful

      This seems similar to the Bells and AT&T selling the consumer Caller ID, then CID blocker to the telemarketers, then selling caller id blocker blocker to the consumer, then ....


      Is this like the star-bellied sneetches? No, really. You could learn alot from Dr. Seuss.

      --
      Where the wind blows, the tumbleweed goes.
  10. They're on drugs by uebernewby · · Score: 2

    They must be, and this (which I, like many other /.-ers, apparently, hadn't thought of before even though it makes perfect sense) proves it.

    Or does it? It's still possible to make *analog* copies of cd's, just not *digital* ones. Does the law state anything about allowing analog (imperfect) but not digital (perfect) copies?

    --

    News and bla for computer musicians: http://lomechanik.net/
    1. Re:They're on drugs by adolf · · Score: 2

      The Audio Home Recording Act set up specific taxes on blank digital media sold for use in home audio.
      It was brought about due to concern by the recording industry about "perfect" digital copies, and how terribly unfair they were in comparison to the typically lousy analog cassette dub.

      At the time, its aim was mostly Minidisc, the now-defunct Philips DCC format, and consumer DAT, but the tax also extends to the "audio" CD-Rs required by consumer standalone CD recorders.

      The moneys levied are handed to RIAA to compensate, in advance, the loss they'd endure through casual piracy.

      In exchange for this free money, consumers would be free to copy as much music as they wanted, so long as they were using suitably taxed media.

      A protocol called SCMS was also introduced, and required to be in place on consumer gear. Its purpose is to prevent copies from being made of copies. Thus, if everyone wanted a a Minidisc of Joe's new Pearl Jam album, they'd all have to get it from Joe himself, as he'd be the only one with an original.

      Good plan, all together, and reasonably fair to all parties (despite the fact that it killed DAT).

      To say, later on, that it is now both illegal and impossible to make a digital copy of a work, even when the rights to do so were paid for with the purchase of taxed media, is not fair by any stretch of the imagination.

      Whether or not it is illegal, I'm not sure. It's been years since I've read the AHRA, but I do recall it being very specific to digital copying, and that it specifically allowed the same.

  11. Hmm... by fluxrad · · Score: 5, Funny

    From the article:

    The labels are worried that the rise of home CD-burners has eaten into album sales, particularly after the worst year in a decade for the music industry.

    These sales figures couldn't possibly shaped by the fact that the RIAA is releasing the shittiest music in a decade, could it?

    --
    "It is seldom that liberty of any kind is lost all at once." -David Hume
    1. Re:Hmm... by SmileyBen · · Score: 2

      ...and not to mention at the highest price!

    2. Re:Hmm... by AJWM · · Score: 5, Insightful

      Nah...

      Nor by the fact that this has been about the worst year in a decade for a lot of other industries, too.

      Or does RIAA think themselves exempt from a recession?

      --
      -- Alastair
    3. Re:Hmm... by markmoss · · Score: 2

      It's been the worst year in almost a decade for _most_ industries... Except BS production, but if you could charge for that all /.ers would be millionaires...

    4. Re:Hmm... by Chris+Burke · · Score: 2, Funny

      That's bullshit, and you know it.

      Which I guess means you are now owed a $.01 micro-payment.

      Hmm...

      --

      The enemies of Democracy are
    5. Re:Hmm... by MadAhab · · Score: 5, Interesting
      It's worse than that. I think they haven't produced music this shitty in 40 years. Note that during the 60s, 70s, and 80s, there were major challenges from outside the industry. Naturally, since they have the distribution racket figured out, and since they know how to dupe naive trend-followers, latecomer bands, into shitty contracts and then promote the hell out of those bands like they are the real thing, most people don't know the damn difference, meanwhile they buy up the newer, smaller labels who are often close to burning out anyway trying to ride their wave as hard as they can. Pretty soon they are back to producing bland, manageable pap as usual. But during the 90s, you had only the corpse of the late 80s (why do you think Kurt killed himself?) and nothing really new has crossed the pipes except the mainstreaming of hip-hop into a trillion lookalike boring videos.

      Meanwhile, since the major labels are ALL part of the major entertainment companies, they've figured out how to cross-promote like hell, which may be part of how they are succeeding better than usual at keeping their lame crap on top - people like what they already know and they make damn sure you know about it. And if you don't believe me, ask yourself how many events you've seen on ABC where Brittany, that boy band, and Aerosmith are all present, sometimes on the stage at the same time, and said "Fuck me mickey".

      --
      Expanding a vast wasteland since 1996.
    6. Re:Hmm... by gnovos · · Score: 5, Funny

      Nah...

      Nor by the fact that this has been about the worst year in a decade for a lot of other industries, too.

      Or does RIAA think themselves exempt from a recession?


      Well, I don't know about you, but when I am facing the doors of my company closing in two weeks, with no savings, a $2000 a month rent, and a tough struggle to find a new job looming bigger and bigger every day, there is only one thing on my mind...

      Buying N'Sync's Greatest Hits at full retail price that may or may not play on my CD player!

      --
      "Your superior intellect is no match for our puny weapons!"
    7. Re:Hmm... by bill66inma · · Score: 3, Insightful

      Actually, in times of recession, low-cost forms of entertainment like movies and recorded music do fairly well. People like to be distracted. People will also buy small luxuries when they can't afford big ones. This is, perhaps, part of the RIAA's thinking: "We're in a recession, and our revenues have traditionally held steady in recessionary times."

      Cases in point: the 1930s were one of the high points of the movie industry. Ditto stage musicals. People would gladly pay a quarter to go to the movies and forget their troubles for a couple hours. The recession of the early 1990s was also when things like Starbuck's got a boost. People who can't afford a new car will spend $4 on a cup of coffee.

      Of course, considering movie ticket and CD prices these days, one can hardly consider movies and recorded music cheap entertainment anymore.

    8. Re:Hmm... by GrenDel+Fuego · · Score: 2

      Interesting that their sales figures went down the year that they managed to shut napster down. When napster was around, and they were saying how it was eating into their revenue, their earnings were going up.

    9. Re:Hmm... by krogoth · · Score: 2

      Nor by the fact that this has been about the worst year in a decade for a lot of other industries, too.

      Or does RIAA think themselves exempt from a recession?


      I doubt they would be affected by such small ambissions - it's more likely that they believe they are the rightful rulers of the earth.

      --

      They that quote Benjamin Franklin on liberty and safety deserve neither.
    10. Re:Hmm... by tmark · · Score: 2

      These sales figures couldn't possibly shaped by the fact that the RIAA is releasing the shittiest music in a decade, could it?

      Even accepting your proposition of the quality of current music, this does NOTHING to discredit the original proposition that CD-burners (not to mention MP3s) are eating into album sales. Of course shitty music, CD-burners that enable CD-copying, and MP3s eat into album sales. To deny any of these would be chauvinistic.

    11. Re:Hmm... by Jucius+Maximus · · Score: 3, Interesting
      "These sales figures couldn't possibly shaped by the fact that the RIAA is releasing the shittiest music in a decade, could it?"

      I agree that the music stinks, but it DOES sell...

      Since BSB, Nsync, Britney, etc are "made" bands instead of real musicians, there aren't issues like 'artistic differences' and the band members getting a cut of the music that they wrote (because they didn't write it.) They're just paid for being celeberties and singing/dancing/appearing in person at events. And in terms of enconomics, it brings in billions for the music labels and sellers of associated merchandise because the 12-year-olds eat it up.

      Heck, these so-called 'musicians' are not even artists. They don't make their music. They don't design their costumes or choreography. They just perform routines made by nameless individuals in the Ministry of Art.*

      Until the boyband/breastimplantgirl music sales model doesn't bring in the dough anymore, we can expect the industry to shove these groups down our throats even harder. We'll just have to hope that they shove too hard resulting in the groups being "old," "stale" or "uncool" in the eyes of the kids. This and nothing else will bring them down.

      *the "Ministry of Art" is akin to the Ministry of Truth and the Ministry of Love.

    12. Re:Hmm... by Ivan+Raikov · · Score: 2

      Heck, these so-called 'musicians' are not even artists. They don't make their music. They don't design their costumes or choreography. They just perform routines made by nameless individuals in the Ministry of Art.

      I believe the cheap "entertainment" which the Party supplied to the masses was called prolefeed in Nineteen Eighty-Four. And the Ministry of Truth was in charge of entertainment, of course. Otherwise, you're making an excellent point.

    13. Re:Hmm... by Pig+Hogger · · Score: 2
      ...
      Except BS production, but if you could charge for that all /.ers would be millionaires...
      That's because they don't work on Madison Avenue...
  12. They will have to choose by mendepie · · Score: 2, Interesting

    They can either make it hard to dupilicate (read rip) cd's OR take a cut on every blank (audio) cd made. .... Assuming this holds up (which it should)

    What they will have to do is figure out if they make more from the pennies they get on those blank Audio CDs (Humm ... Have you ever bought a box of those?), DATs, and MDs compared to how much they think they loose by people not buying CDs since they pirate them.

    In this case, the RIAA cant have their cake if you can't eat it :-)

    --

    Are you paranoid if you know that they just want to know everything you say and do?

  13. You can't have your cake... by Bonker · · Score: 2, Redundant

    The 'blank media' tax has been touted in every country it's been implimented in as a way to pay publishers and artists for the perceived costs of media copying, be it fair use or piracy.

    In the U.S., the media companies get a large piece of that fee.

    That they want the right to collect both this fee *and* impliment copy controls is what is being questioned here.

    Personally, I think it should boil down to one or the other. Pay the tax or pay for copy protected CD's. Not that either is really effective, but...

    Hopefully, Boucher will raise a large enough stink over this that it will actually cause some changes. Not likely, but there's always hope...

    --
    The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    1. Re:You can't have your cake... by dragons_flight · · Score: 4, Insightful

      Well the next question is what do we want?

      If you follow the music industry line of reasoning then copy protection should boost sales by curbing piracy. If it's really as big a deal as they want you to believe then this should more than offset the loss of the tax. Hence by economics of scale, we should see cheaper music and cheaper digital media. Of course all of that is predicated on the assumption that the recording industry isn't entirely made up of monopolistic money-grubbing pigs.

      Alternatively we can throw copy protection in the trash and keep the high music costs and artificially inflated digital media costs.

      Is there a winning situation for the consumer? Not really, unless you can believe that RIAA represents a fair, economically sound industry and you don't care about fair use rights.

  14. Record companies mass producing CD's is illegal by Sydney+Weidman · · Score: 4, Insightful
    Let's face it. The entertainment industry is the biggest pirate in town. They steal your music, your culture, your ideas, your stories, your language, mass produce it, shrink-wrap it and then sell it back to you.


    Intellectual property laws have done their job -- they've created a massive amount of stuff -- some good, some bad. But now the system is choking itself.


    Copy protection schemes are the wrong target.

    1. Re:Record companies mass producing CD's is illegal by Takeel · · Score: 3, Insightful
      "Let's face it. The entertainment industry is the biggest pirate in town. They steal your music, your culture, your ideas, your stories, your language, mass produce it, shrink-wrap it and then sell it back to you."

      One of the main functions of mass media is the perpetuation and dissemination of culture. Although RIAA may be greedy about it, why is the dissemination of culture bad necessarily?

      In most cultures, people are willing to pay for reflexive representation of values they hold. Whether it's a poster for the movie Pi or an N'Sync album, both are cultural representations and perpatuations...and people are willing to pay for both. Why is this bad?

    2. Re:Record companies mass producing CD's is illegal by Sydney+Weidman · · Score: 4, Insightful

      One of the main functions of mass media is the perpetuation and dissemination of culture. Although RIAA may be greedy about it, why is the dissemination of culture bad necessarily?

      It's not bad at all. It's just that the uniformity and ubiquitousness of the content is the result of corporate design, not social interaction.

      I am really happy about local and regional culture getting recognition alongside the mass produced stuff. Just because it isn't a worldwide phenomena doesn't mean it's not culture.

      In most cultures, people are willing to pay for reflexive representation of values they hold. Whether it's a poster for the movie Pi or an N'Sync album, both are cultural representations and perpatuations...and people are willing to pay for both. Why is this bad?


      It's not, really. What's bad is the manner in which cultural representations are distributed and then *controlled* by virtue of IP laws and copy protection and such. Also, in order to mass produce culture, you have to mass market it which means it has to be low-risk, watered-down, drab, inoffensive, and facile. Lowest common denominator. I love culture, but not stuff that's been bleached and de-boned.

    3. Re:Record companies mass producing CD's is illegal by Sydney+Weidman · · Score: 2

      Yes, but that's half of the story. They do a fair amount of creating (ahem) "culture" by providing content for people to socialize.

      I think you're underestimating people's desire to socialize by implying that they need Ally McBeal episodes to fill the void. Anything will do, even talking about the weather or gossiping about neighbors or co-workers.

    4. Re:Record companies mass producing CD's is illegal by Sydney+Weidman · · Score: 2

      Let's face it. Industry is the biggest pirate in town. They steal your natural resources, your work ethic, your effort, your culture, your hospitality, mass produce it, shrink-wrap it and then sell it back to you.

      That's a cool response. It's like an example of itself -- a kind of repackaged version of me shoved back down my throat! I give you an A+.

      If you're sarcastic (55% probability), then this is supposed to be a reductio ad absurdum of my criticism. OK fine.

      If you're serious (44% probability), then I agree, but with the reservation that although *some* property laws are required for a pluralistic, democratic society, since property imposes restrictions on freedom (I can't take what isn't mine) we should only have just enough property law to keep us happy. I argue that extending the idea of property to ideas is way more property law than is required.

      If you're a bot (1% probability) then f**k off.

    5. Re:Record companies mass producing CD's is illegal by Sydney+Weidman · · Score: 2

      We see perhaps too much beautiful people with no problems in our media (especially advertising) it can't help but affect or perceptions of ourselves, driving us down a sucking spiral of materialism.

      Exactly. Madison avenue knows which side of its bread is buttered. The corporate goons could wish for nothing better than for every single one of us to feel completely worthless. The less value we feel in ourselves, the more we have to compensate, drown out, act out by buying stuff. Every industry has a direct pecuniary interest in making us feel like a sack of sH*t.

      Don't buy it!

  15. Did we do this? by gnovos · · Score: 4, Informative

    FINALLY! Some congress-critters are beginning to think that the RIAA might not be the next best thing since apple-pie. I wonder if this is in any way the result of the wonderful efforts of this community and others like it. It is a nice thing to see when you see the Great Machine begin to slowly turn the right way...

    But don't stop now. Not only should you continue to keep those letters and emails flowing, but you should also send new letters and email praising the efforts of those congress-folk who make a good descision, after all, they like to get a pat on the head as much as the next person...

    --
    "Your superior intellect is no match for our puny weapons!"
  16. Depends by Renraku · · Score: 2

    It depends on how they do it. If they do anything to your hardware to damage/disable it, then, it should be illegal. It should also be illegal to raise prices/lower quality for 'copy protection' reasons. I mean, making a CD that can't be copied without sacrificing sound quality/portability would be nice (for them) instead of making a CD that can destroy your equipment.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  17. This has been my point for a long time by terrymr · · Score: 2, Insightful

    As I pointed out in another discussion AHRA imposes penalties for manipulating the existing copy protection (SCMS) to prevent legitimate copying - so it makes sense that other technology would similarly be a violation of the AHRA.

  18. Re:No, I guess by aussersterne · · Score: 3, Informative

    Did you bother to read the article at all?

    They're getting PAID by us consumers NOT to make copy-protected CDs under an existing law.

    The question is whether it's fair to REQUIRE consumers to pay a "tax" to the record companies for the privilege of being able to copy CDs for personal use and then for the record companies to copy-protect CDs anyway. It's a great deal for the record companies at the consumers' expense: free money and they don't have to do anything in return.

    If they're going to sell copy-protected CDs, they should no longer get their "protection money" for blank CD sales.

    --
    STOP . AMERICA . NOW
  19. Re:No, I guess by jheinen · · Score: 3, Insightful

    It's not that simple. According to the law, you have the right to make copies of the music you buy for personal use. In exchange for that right, the recording labels get a small amount of money from the sale of blank media. By attempting to make it impossible to copy CDs, the labels are trying to have their cake and eat it too. They want to collect money from the sale of blank media, while at the same time making it impossible to use that media for its intended purpose, thereby forcing the consumer to pay yet again for another copy of the same music.

    In simpler terms, if I buy a CD, and want to burn a copy to keep in my car, that's my right, and the label gets compensated by collecting a small percentage from the sale of the blank CD. What they want to do, however, is collect that money, and by making it impossible for to make a copy, get me to buy another full-price copy for my car. That's doesn't seem fair. They either need to give up the money they collect from blank-media sales, or stop trying to prevent me from making copies.

    But I suppose a few million in lobbying money will make it all come out in the labels' favor in the end. My few $$ as a consumer mean nothing in the face of the industry lobby. Won't it be great when we all have our Passports(tm) and can be charged every time we listen to a song?

    --
    -Vercingetorix
    "Necessitas non habet legem." -St. Augustine
  20. well hmmm... by jjeffries · · Score: 2, Funny

    Ah, we can explain that, Senator... I'll just write you an explanation... let me find a piece of paper... ah, here's one, in the ledger! A signature on the line there on the other side to prove our sincerity and... there you go! I think that should explain everything.

  21. I wonder by mESSDan · · Score: 2, Insightful

    who this representative's backers are? I mean, most of the time you hear a politician say something like this to the media, it usually just means that he's fishing for some campaign money.

    But maybe this isn't the case, maybe this guy is already backed by the CDR Companies / MP3 Device companies / Any company who doesn't profit from CD copy protection. Because almost certainly, that is why a question like this would be asked.

    --

    -- Dan
  22. I think I might cry... by Chris+Burke · · Score: 2

    Because of the cayenne pepper that just got blow into my eyes. But I digress...

    This is very good news. They certainly need to look into this practice, since rights we have been given by law are being taken away by corporations. Though I'd be grossly dissapointed if, as the comments at least make possible, this ends only the blank media royalty.

    Though this isn't the only time fair use issues have been brought up. In the DeCSS case the judge was quite unapproving of the MPAA's thoughts on fair use... not that it ended up helping much.

    --

    The enemies of Democracy are
  23. Re:No, I guess by Cy+Guy · · Score: 4, Informative

    You aren't free to not pay the taxes on blank media that they want (except by not buying blank media, but a lot of us have legitimate need for CDRs, etc).

    Actually as far as CDR's are concerned you are free to avoid paying the tax, just buy Data CDRs instead of Music CDRs. There is virtually no difference between the media, except that Audio CD to CDR burners such as you might have in a audio component system, won't work with the Data CD. CDR burners for PCs don't care.

    Of course making a copy of an audio CD onto a Data CDR would be a violation of the same act, but until the RIAA and the recording industry in general start complying, I can't see that they should have any expectation that consumers will.

    Why is it that this hasn't come up before, and does anyone know how this act affects MP3's? Should they be considered legal as long as you burn them to media on which you have paid the royalty tax?

  24. The part that bugs me by Anonymous+DWord · · Score: 5, Funny

    is that the blank media tax (at least in Canada, and I think the States) goes exclusively to the music publishers. So everytime I download a new Slack version or whatever, I'm giving money to support N'Sync. That's the really criminal part. Why would you assume every blank CD is used to copy music that you didn't buy? If I'm making a backup copy of my legally purchased disc, why am I paying more money to give myself an extra?

    --
    "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    1. Re:The part that bugs me by z4ce · · Score: 3, Informative

      Sorry, but this isn't true unless you're buying the special Audio CD-Rs not generic blank media. Many(most?) home audio recording equipment will only support the Audio CD-Rs. There is no tax for the computer CD-Rs...

    2. Re:The part that bugs me by Sc00ter · · Score: 2
      I belive it only applies to blank audio CDs, not data CDs.. There is an ever-so-slight difference.. As most of those component CD-Copy machines you get for your home stereo will only work with blank audio CDs and not with normal blank data CDs..

    3. Re:The part that bugs me by coyote-san · · Score: 5, Interesting

      Hell, why worry about the occasional dist that you download?

      How would you feel about sending some money towards N'Sync each and every day because you use CD-R for daily incremental backups?

      Sure, you could use CD-RWs, but that requires you to track them, blank them, etc. With a CD-R you can just label them and toss them into the archive vault.

      Of course that pimple-faced kid buying a 100-pack at Costco is probably not using them for backups. But so what? Do I have to spend a week in jail every week because some rapists went unpunished? Do I have to spend two weekends picking up trash, under court supervision, because some drunk drivers went uncaught? Then why do I have to pay this "pirating" tax on media destined to archive my source code and mail box?

      --
      For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    4. Re:The part that bugs me by FFFish · · Score: 2

      What part of "at least in Canada" didn't you understand?

      In Canada, *ALL* CD media is surtaxed (er, "levied"). Regardless Audio versus Data.

      --

      --
      Don't like it? Respond with words, not karma.
    5. Re:The part that bugs me by sheldon · · Score: 3, Informative
      What part of "at least in Canada, and I think the States" didn't you understand?

      Yes, in Canada all CD media is surtaxed, but the same is not true in the US.

    6. Re:The part that bugs me by klund · · Score: 2

      What's even more annoying is equipment that requires the Audio (read: royalty) CD-Rs, even when there's no reason to... Like that nifty Terapin VCD recorder that they sell at Thinkgeek. It requires the digital audio consumer CD-Rs (which is another royal step, I think) when I make a Audio CD or a VCD. Not all Audio CD-Rs work in it, only ones that say "for consumer".

      In other words, I have to give money to support N'Suck, even if I'm making a VCD of a broadcast TV programs. The Supreme Court (in the BetaMax decision) says I have the right to timeshift Buffy episodes by recording them... but somebody got to Terapin, and now I have to pay a DART royalty to the Backstreet Boys in order to do so.

      I say "somebody got to Terapin" because the VCD feature didn't always require consumer audio CD-Rs. It looks like a recent change. Some of the manual says you can use computer (no royalty) CD-Rs or consumer CD-R, and some of the manual is stickered over so that it says you can only use consumer CD-Rs.

      It's like what John Gilmore says in What's Wrong With Copy Protection... the RIAA and the MPAA are conspiring to make sure that equipment that lets us fully exercise our fair use rights never reaches the market. Or if it does, that they are least get a big cut.

      However, despite all this, the Terapin recorder is still the greatest Christmas present I got, even if the blank "audio CD-R's for consumer" are $0.80.

      Now all I need to do it hack it so that it accepts regular (read: no royalty) CD-Rs. Anybody working on new PROMs for this thing?

      --
      My word processor was written by Stanford Professor Donald Knuth. Who wrote yours?
    7. Re:The part that bugs me by legoboy · · Score: 2

      Since we're paying the music pirate tax, shouldn't we be able to pirate music now?

      Yes, we can. Legally. (From the "IANAL, but I understand legalese" file)

      (Specifically, we can legally copy CDs (even when they don't belong to us) for our own, non-commercial usage. We cannot (legally) copy them and give the copy to our friends. Having the friend come over and use our equipment to make a copy ought to be fine, though. Who enforces this crap when done on a small scale, anyway?)

      --
      If a tree falls on an anonymous coward yelling 'first post' in the forest, does anybody hear?
  25. Clarification by nbarratt · · Score: 3, Interesting

    Isn't the CD-R "tax" only levied on "music" CD-Rs (The more expensive kind that you always pass up for the same brand but cheaper "normal" CD-Rs next to them)? At some point, home audio CD-recorders would only use the "music" CD-R variety, as the sale of those included a royalty payment. I didn't think there was a royalty included on normal CD-Rs.

  26. the bargain by terrymr · · Score: 2, Informative

    SCMS & the blank disc royalty was the bargain struck between congress and the industry to allow private home copying. If they fail to uphold their side of the deal it's only fair that they should be held accountable.

  27. Mod parent up! by aussersterne · · Score: 4, Interesting

    They steal your music, your culture, your ideas, your stories, your language, mass produce it, shrink-wrap it and then sell it back to you.

    This is exactly the problem... The RIAA/MPAA are the forces driving western culture into the ground, creating generations of bumbling, sex-mad idiots with carbon-copy personalities and giving capitalism a bad name.

    Aside from any legal problems, I think it's damned unethical the way today's media giants operate.

    --
    STOP . AMERICA . NOW
  28. It's not just boy bands anymore by uebernewby · · Score: 5, Interesting

    ...which is why I'm as pissed off about it now as I am, whereas just a week ago I simply shrugged and thought: "well, that's for people who want to copy Britney records is all".

    Today I got a review copy of an Oval (raise your hands if you've heard about them ... right, didn't think so) disk in the mail. Guess what? I couldn't review it until I remembered there was a half broken diskman up in the attic somewhere because it was copy protected and couldn't be played on a cd-rom drive (I don't have - or didn't think I had - a regular cd player, it's either cd's in cd-rom drives or records for me, thank you). This is an album that will sell poorly by major label standards, even if it sells extremely well (two thousand copies at most). No one on Napster++ is going to be interested in mp3's I rip off it (not that I do, but ...). Finally, it's something that will appeal primarily to a somewhat technophile audience likely to play it on a cd-romplayer - why the fuck do they do this? Is this worth alienating the 1000 or so fans Oval has? Don't think so...

    --

    News and bla for computer musicians: http://lomechanik.net/
    1. Re:It's not just boy bands anymore by uebernewby · · Score: 2

      I didn't, because
      1)I like the band, if not for their music just because they were the first to come up with the idea that the sound of failing hard disks and skipping cd-rom drives was music (in 1993!)

      2)The band (actually, it's a one guy outfit) probably didn't have anything to do with this, as it's a reissue of older material on a slightly bigger label

      I did, however, mention in the review that these copy protection measures are Evil (tm), if only because the artist involved (oval) has always been about exploring how random digital information can become digital music.

      --

      News and bla for computer musicians: http://lomechanik.net/
    2. Re:It's not just boy bands anymore by uebernewby · · Score: 3, Informative

      One played it, the other one didn't. Bad enough for me. Ordinary cd's play in *both* drives (interestingly enough, the newer drive, a burner I sometimes use to play damaged cd's, failed to see there was an audio cd present at all, while the older drive played the disk just fine except for a few extra glitches which weren't supposed to be there.)

      This happened in Windows ME (work, sorry) *and* Linux.

      --

      News and bla for computer musicians: http://lomechanik.net/
    3. Re:It's not just boy bands anymore by krmt · · Score: 2

      Oval is pretty cool. Weird, but cool. I guess I won't be grabbing that CD though. Maybe I'll get to their back catalog though, as they've been on my list of "bands who I really need to check out more".

      --

      "I may not have morals, but I have standards."

    4. Re:It's not just boy bands anymore by a_d_white · · Score: 2, Funny
      Today I got a review copy of an Oval (raise your hands if you've heard about them ... right, didn't think so) disk in the mail. Guess what? I couldn't review ... because it was copy protected and couldn't be played on a cd-rom drive

      An Oval CD doesn't play on your CD-player? Are you surprised? Oval's CD's always make my player sound broken!

      But seriously, an unplayable CD isn't such a great conceptual leap from what Oval is saying about "music".

    5. Re:It's not just boy bands anymore by GMontag451 · · Score: 2
      Lets also not forget Kraftwerk who basically pioneered modern electronic music.

      Not really. Morton Subotnick and Karlheinz Stockhausen were doing electronica music with analog synthesizers 15-20 years before Kraftwerk. Subotnick's "Silver Apples of the Moon" is one of my favorites.

    6. Re:It's not just boy bands anymore by gilroy · · Score: 2
      Blockquoth the poster:

      Today I got a review copy of an Oval ... disk in the mail. Guess what? I couldn't review it

      Maybe you should stick to circular CDs like the rest of us. :)
    7. Re:It's not just boy bands anymore by elefantstn · · Score: 2



      Ummm...aren't all Oval records like that? Aren't they the ones who had a track of a skipping cd on one of their albums? Correct me if I'm wrong; between me and my college roommate, I was the indie rock one and he was the IDM/avant garde one, but maybe it was designed to be like that? ;)

      --
      If it ain't broke, you need more software.
    8. Re:It's not just boy bands anymore by pyramid+termite · · Score: 2

      Today I got a review copy of an Oval (raise your hands if you've heard about them ... right, didn't think so)

      I've heard a couple of things by them. It's ironic that people who make a good deal of their music by altering and hacking CD data would copy protect the results. Here's someting from their website (http://www.formandfunction.net/en/artists/oval/ov al2.htm)-

      "The process-software is a self-developed audio-productivity-environment, that contains oval-sounds as well as the possibility to feed it with own samples by the user. It documents the methods of Oval as some kind of interactive invitation, the user changes from consumer to producer. Apart from all music-maker-products with their simple cut-and-paste-philosophies, this software offers easy-to-understand direct manipulation, allows extensive and detailled sound-de- and reconstruction in real time. Aesthetical decisions instead of coordinative perfomance, questioning the features, developing alternative standards for music. Oval declares itself open source and becomes public domain. From read-only-music to process. Ovalprocess as design for a workplace. Interference in standards, formats, specifications and methods."

      Perhaps they know nothing about this CD being copy protected.

  29. The cost of copying has dropped by Fly · · Score: 4, Interesting
    The barriers to creating digital copies of music are lower now than in 1992, so it seems that if the recording industry did not move to copy protection, they would deem themselves entitled to greater compensation per DAT or CDR sold. How many people had CD burners in their own machines in 1992? How many people had broadband connections at home in 1992?

    I was in school at the time, and our University had maybe a couple CD burners for student use, and that was actually later than 1992. Broadband was available only at work and in the computer labs. Our dorms didn't start getting ethernet until a year later.

    So in 1992, when the RIAA managed to get the law passed compensating them for piracy, there was a whole lot less digital piracy occurring simply because most people didn't have access to equipment to make digital copies. It seems we now have the choice between allowing copy protection or increasing the compensation to the RIAA if we assume that the 1992 law was just. :-(

    Nevertheless, piracy will continue. If I buy CDs that force me to use a special player, you can bet that I'll decide to rip them to mp3s just so I can use XMMS. The RIAA could argue that piracy will continue, and they should be compensated accordingly, though now they can claim that hard drives, memory sticks, compact flash, and smart media storage also contribute to their allegedly lost sales and that these should also be taxed.

    --
    end of line
    1. Re:The cost of copying has dropped by Howie · · Score: 2

      How many people had CD burners in their own machines in 1992?

      But at that time, DAT recorders were about $800-1000 IIRC, and tipped to be the next big thing in digital audio (along with Phillips' DCC). Neither of those techs made it in the consumer market (minidisc was the eventual format of choice, if any), but based on typical pricing drops you could reasonably expect that an audio DAT drive would now be $100-200 had they taken off the way it was expected. DAT ended up being a studio-only format, and to some extent replaced with ADAT.
      My memory of 'CD Recorders' from the same time is that they were $3000-10000, and considered very luxurious.

      I think DAT and DCC were the main 'enemy' at the time of the AHRA.

      --
      "don't fall into the fallacy of believing that Perl can solve social problems. Maybe Perl 6 can, but that's a ways off"
    2. Re:The cost of copying has dropped by gilroy · · Score: 2
      Blockquoth the poster:

      Neither of those techs [DAT, DCC] made it in the consumer market (minidisc was the eventual format of choice, if any)

      Ironically, of course, these techs failed in part due to the onerous burdens placed on users by, among others, the RIAA.
    3. Re:The cost of copying has dropped by klund · · Score: 3, Informative
      minidisc was the eventual format of choice, if any

      Which is sad, really, because there's an unwritten agreement that DAT and MiniDisc recorders will treat analog inputs as if they contained copyrighted materials which the user has no rights in.

      In his What's Wrong With Copy Protection, John Gilmore says

      "My recording of my brother's wedding is uncopyable, because my MiniDisc decks act as if I and my brother don't own the copyright on it."

      So much for fair use.
      --
      My word processor was written by Stanford Professor Donald Knuth. Who wrote yours?
  30. : Again? by ConceptJunkie · · Score: 2

    Is CD copy protection legal?

    Does that really change whether we will be saddled with it or not?

    We all know the story:

    ConHugeCo does something evil and of dubious legality. Someone calls them on it (like the high tech community's good friend Rick Boucher or the Justice Department, or Ralph Nader), the matter gets talking head time on the enws channels... gets debated for a while... maybe goes to court... drags on a few years... Congress passes a law that would have helped before the fact, but not after... even the media get bored with the story... and finally gets resolved with a slap on the wrist long to ConHugeCo after the issue has ceased to be relevant.

    --
    You are in a maze of twisty little passages, all alike.
  31. paying for copies by zarqman · · Score: 5, Insightful

    along side this is a question i've had for a while: why, after paying this "tax" on blank media, have i not been considered to have paid for the copies i have made (or will make)? since it is assumed that i will use my blank media for music copies, why is it wrong for me to then use my blank media for copies of music?

    --
    geek friendly VPS's and free API enabled DNS : zerigo.com
    1. Re:paying for copies by nick_davison · · Score: 2

      why, after paying this "tax" on blank media, have i not been considered to have paid for the copies i have made (or will make)?

      True. We also pay taxes for the police and victim compensation schemes. So, seeing as we've already paid for the effects of commiting assaults, surely it's wrong that we're not then allowed to commit them if we want to?

      While I don't support it... It's like insurance - everyone pays a fraction of the cost while only a few people are making the claims.

    2. Re:paying for copies by Technician · · Score: 2

      Nothing is illegal at this point as long as you pay the tax. With the tax, copying music is assumed. Without the tax, it is piracy. Be sure you use Music CD's or Music Mini Disks and not your hard drive or data CD's for your music. That would be a crime.

      --
      The truth shall set you free!
    3. Re:paying for copies by Technician · · Score: 2

      I paid the royalty to the music industry to buy that variety (blank music media) of blank. Royalty paid = OK to use for music. It's the same thing when I register my auto. I also think I then have a right to drive it on a public road.

      --
      The truth shall set you free!
  32. The Law: AHRA details by mr.+roboto · · Score: 5, Informative
    So the issue here seems to be an argument that cd copy protection violates the Audio Home Recording Act of 1992. Find a breif summary of the law here, and the actual text of the law here.


    The main thrusts of the law are:

    -No copyright infringment suit can be brought against someone making home digital recordings.

    -Retailers have the right to sell copying equipment and media, so long as they contain serial copy protection.

    -The RIAA collects a royalty of 2% on copying equipment and 3% on media.


    That the RIAA might be violating this law by making copy-proof cds is not immediately apparent from a quick reading. In fact, the definitions of what is and is not a "digital musical recording" do not seem to hinge in any way on the "copyability" of the recording, and the only qualification for entitlement to payments is that an entity is making and distributing recordings so defined.


    The point that copy-proof cds violate the spirit of this law is a good one. I think that any argument that the letter of the law is violated is weak, however. Anyone who can determine otherwise would make me happy, though, since IANAL.


    As a final point, the fact that a congressman is looking into this might make violation of the letter of the law irrelevant since congress, of course, has the power to create new law.

    1. Re:The Law: AHRA details by mindstrm · · Score: 2

      And I think 'spirit' is the point. The rationale behind allowing them to collect a royalty in the first place is to compensate them from copying they are now trying to make illegal.

    2. Re:The Law: AHRA details by mr.+roboto · · Score: 2
      I don't think you're right about that. The term "digital music recording" is defined by the following section:


      (5)

      (A)

      A ''digital musical recording'' is a material object -

      (i)

      in which are fixed, in a digital recording format, only sounds, and material, statements, or instructions incidental to those fixed sounds, if any, and

      (ii)

      from which the sounds and material can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

      (B)

      A ''digital musical recording'' does not include a material object -

      (i)

      in which the fixed sounds consist entirely of spoken word recordings, or

      (ii)

      in which one or more computer programs are fixed, except that a digital musical recording may contain statements or instructions constituting the fixed sounds and incidental material, and statements or instructions to be used directly or indirectly in order to bring about the perception, reproduction, or communication of the fixed sounds and incidental material.

      (C)

      For purposes of this paragraph -

      (i)

      a ''spoken word recording'' is a sound recording in which are fixed only a series of spoken words, except that the spoken words may be accompanied by incidental musical or other sounds, and

      (ii)

      the term ''incidental'' means related to and relatively minor by comparison.



      That's the entire definition; nothing about SCMS, and certainly nothing about copyability. The sections on SCMS and penalties have no impact on this original definition; I read them, and at no point do they attempt to further refine the definition of "digital music recording." Maybe I just don't get what you're saying--can you clarify?

    3. Re:The Law: AHRA details by electroniceric · · Score: 2, Interesting

      Hate to be unpopular here, but:

      Given the law's emphasis on protecting against serial copying, this hardly seems open and shut to me. The AHRA requires them to allow first-generation digital copies, but mandates preventing serial copying. Nobody foresaw when the law was written that the home computer would take control of serial copying out of the hands of the music and music-reproduction-hardware industries. Last time the hardward industries were all lined up on the pro-copying side. I don't really see who's gonna line up on that side now, because there's no clear scent of money.

      Seems to me this is yet another law on the big piles of things to be rejiggered when the idea of copyright finally catches up to digital distribution.

  33. Re:No, I guess by uebernewby · · Score: 2

    Actually as far as CDR's are concerned you are free to avoid paying the tax, just buy Data CDRs instead of Music CDRs.

    Uhm, no, I think you're mixing up two different things.

    There's audio-only cd-r's which only work in standalone audio cd burners. These are hideously expensive because the market for them is limited.

    The ones you can use in computer cd burners (either the 74 minute/650 MB audio type or the 80 minute/700 MB type older stand alone cd players choke on) are cheaper because everyone wants them.

    IIRC, for both you'll have to pay some sort of copyright tax.

    --

    News and bla for computer musicians: http://lomechanik.net/
  34. Re:Worst year in a decade for album sales by sandmoose · · Score: 3, Insightful

    With the economy being the worst it's been in over a decade then the decline in album sales seems to be about right. I know a couple of things. 1) When I didn't have a job for eight months I didn't go out and blow money on luxury items like music. 2) At $20 + tax for most for most new releases I'm buying much less music than I did when CDs sold for about $15 a pop. The RIAA should take a good look at their pricing and product quality before blaming file sharing and CD buring for lower revenue.

  35. Re:How do they do it? Duh.... they're greedy b*st* by Sydney+Weidman · · Score: 2

    Since you can rent studio time and since you can now market your music over the Internet, shouldn't most bands and artists be telling the RIAA to "blow!"?

    Yeah, you would think. But the record companies seem to have convinced everyone that there is such a thing as a "star". Of course, everybody knows that stars were just an invention of the manufacturing divisions of the record industry giants. They complained to their bosses about always having to change the damn plates on the record press. They said "Hey, instead of promoting 50 artists who each sell 100,000 albums, could you please just have one artist who sells 50*100,000 albums? It would be *so* much more convenient and *profitable*.

    So the record companies realized that they could make much more money by having 1 big star and mass producing copies than by having regional music with no economies of scale.

    So every garage band and coffee house wannabe still labours under the illusion that one day they will be great. Maybe they will, but they won't be in control.

  36. It's worse than that by WillSeattle · · Score: 4, Insightful

    Not only are you paying a tax to the "music providers" for using a CD-R or CD-R/W or blank tape, they ARE NOT PAYING IT TO:

    the musicians listed on MP3.com - where is their cut of the pie?

    the indie recorder who got listed on Napster - where is their cut of the pie?

    Face it - the money only goes to those musicians stupid enough to have signed a contract with a RIAA music provider. In which they lost their copyright ability to earn the most money from the sale of their music, and in return get less than a penny per song played from many dollars collected on the sale of the CD.

    -

    --
    --- Will in Seattle - What are you doing to fight the War?
  37. what about RedHat, SuSE, Mandrake, etc. by fermi's+ghost · · Score: 2, Interesting

    So why don't the Linux vendors get a cut of the blank CD media tax? Only seem fair.

  38. mmmm.... by Cinematique · · Score: 3, Interesting

    now that we have 2390482398 copies of the same general idea posted... i have a new one to add to the melee.

    what is going to happen when the people who use operating systems produced by people outside this company... aren't able to access the music on a copy-protected cd?

    "no, i'm sorry mom. you can't use your imac to listen to that cd because the record companies don't want you to."

  39. Compile Error by TheRain · · Score: 3, Funny

    when I compile your comment I get the following errors:
    Line 3; undertermined character constant
    Line 8; I_realize_Napster_is_not_equivalent_to_Fair_Use.h: no such file

    can you help me?

    --
    Please help! I'm stuck inside my virtual reality headset!
    1. Re:Compile Error by ConceptJunkie · · Score: 3, Funny

      Did you do a "make CONFIGURE"?

      Did you use the Intensifier Disk? If so, turn it 18 degrees to the left.

      Do you need a European adapter?

      Are you in the Southern Hemisphere? If so, invert your monitor.

      --
      You are in a maze of twisty little passages, all alike.
    2. Re:Compile Error by ConceptJunkie · · Score: 2

      If by "on fire" you mean I've got terminal nerdiness, then break out the asbestos.

      --
      You are in a maze of twisty little passages, all alike.
    3. Re:Compile Error by ConceptJunkie · · Score: 2

      Nope. Although that text file the other user found was weird. The exact script with different characters.

      --
      You are in a maze of twisty little passages, all alike.
  40. Why is this so hard? by donutello · · Score: 3, Interesting

    (Disclaimer: I think the tax on recordable media is stupid and completely unjustifiable - it is not the job of the government to compensate people for flawed business models)

    Assuming that you can somehow justify paying a tax on recordable media, IIRC the way it works right now is that the copyright owners get a proportion of the money based on the sales of the particular records.

    Records which are copy-protected should simply be removed from the equation and everything should continue the way it is. Why is this so hard?

    --
    Mmmm.. Donuts
  41. Software copy protection by sirkin · · Score: 2, Insightful

    Does computer software have a similar 'right'? I seem to recall that software buyers have a right to make personal backup copies of install media just as media buyers do. If I am remembering correctly it would seem that the same arguments would apply to the attempts to copy protect software CDs as well.

  42. Thank you, Representative Boucher! by Katharine · · Score: 5, Informative

    Doesn't look like there is actually anything in the Audio Home Recording Act that says that the RIAA members can't do what they are doing. (Moral considerations aside.) Apparently, the drafters of the Act back in 1992 didn't think that there would ever be enough copy protection to worry about. Of course, that's why the Act was passed-- the recording industry was all whipped up about the revenue it was going to loose as a result of people making digital copies.

    Here's the text of the Audio Home Recording Act.
    http://www4.law.cornell.edu/uscode/17/ch10.html:
    (Arranged in easy to navigate sections from Cornell Law School)
    http://www.hrrc.org/html/ahra.html
    (Full text on one page from Audio Home Recording Rights Coalition)

    Subchapter C is the part that is particularly interesting in that it sets out the details on royalty payments. You will have to cross reference to the definitions section is Subchapter A, however, in order to fully understand who is entitled to collect payments. Love the method of splitting up the royalty payments!

  43. It's called having your cake and eating it by SIGFPE · · Score: 2
    It's what people do who can afford to hire better lawyers than the rest of us.


    Incidentally I expect that the record companies make even more money from tax exemptions due to to what they claim are losses due to piracy in their account books but I don't have hard data on that.

    --
    -- SIGFPE
    1. Re:It's called having your cake and eating it by SIGFPE · · Score: 2
      It's in the nature of idioms that you don't always get at their meaning my analysing them into components. For example they often use archaic forms of the language whose meaning in modern times is no longer fully transparent.


      In this case I've a feeling that have has an archaic sense of "to keep hold of".

      --
      -- SIGFPE
  44. FINALLY someone is paying attention to this by jms · · Score: 5, Informative

    Finally someone is paying attention to this issue. I've posted this information in a couple of slashdot threads, and here it is again. It's one of the most incredible recording industry lies/ripoffs. Maybe now it will get some attention.

    The upshot of it is that every time you purchase a digital audio recorder, or blank digital audio recording media, such as audio CDRs, you pay a small statutory royalty into a fund. This fund is collected by the Federal Government, and turned over directly to the music industry. The name of the fund is the DART fund. DART stands for "Digital Audio Recording Technology". The best source of information on the DART fund is right here

    These documents are very interesting. They show how the money was paid out. The law was written to allow all of the major copyright interests to gather together and collect all the money in one lump sum. According to the first report on the page, we find that 99.997% (LITERALLY!) of all of the statutory royalties collected on blank digital audio media (mostly CDRs), and digital audio recording devices went to the following organizations:

    Broadcast Music, Inc. (``BMI'');
    the American Society of Composers, Authors and Publishers (``ASCAP'');
    SESAC, Inc. (``SESAC'');
    the Harry Fox Agency (``HFA'');
    the Songwriters Guild of America (``SGA'');
    and Copyright Management, Inc. (``CMI'')

    Copyright Management, Inc. is a blanket organization that represents all of the major record labels.

    In other words, all of the people who are raising hell that they aren't being paid when people burn music onto CDRs are being ...

    you got it ...

    paid every time a blank CDR is purchased!

    However, nowhere in any of these web pages will you find the actual dollar figures. The reports go to laughable extremes to avoid disclosing exactly how much money we are talking about. For instance, according to the report, for the 1995 funds collected, 99.998034% was paid to the music industry, 0.001966% was paid to one individual claimant, and 0.000614% was paid to Ms. Alicia Evelyn.

    I obtained the actual royalty yearly figures by contacting Ms. Evelyn, one of the individual claimants. Ms. Evelyn is a songwriter who, unable to obtain any royalty payments from ASCAP for her work, petitioned the copyright office directly for payment. She read me these numbers over the phone which she received in the course of her research. If you do the math, you'll find that she received a few pennies for her efforts. Literally.

    Here are the total amounts collected year by year since 1992. These statutory royalties were all paid out to the recording industry:

    1992 $118,227.42
    1993 $520,162.84
    1994 $521,999.64
    1995 $473,592.20
    1996 $397,152.52
    1997 $969,178.06
    1998 $1,978,457.93
    1999 $3,551,030.86
    2000 $5,285,246.32

    So, while on the one hand, the music industry is claiming that they are not being paid when individuals make audio CDRs of their music, yet on the other hand, they are quietly collecting millions of dollars in statutory royalties from consumers when they purchase blank digital audio media.

    The key here is that these are statutory royalties. They are NOT a tax. They are described as royalties in the law, and they function exactly as royalties.

    A royalty is what you pay in exchange for the right to make a copy. This is the ordinary meaning of the term "royalty", as it is used throughout copyright law, and there is absolutely no evidence that it means anything else in the context of the AHRA.

    I submit that by accepting these statutory royalty payments from the general public, the recording industry, and every major record label claimed this money, has incurred an obligation to permit the public to exercise the rights that they have paid for, to the tune of millions of dollars per year.

    This is NOT an issue of fair use. This is an issue of consumers receiving the rights that they have paid for.

    Kudos for Rep. Boucher. We need more representatives of his caliber with his level of committment to the rights of the people.

    1. Re:FINALLY someone is paying attention to this by gnovos · · Score: 3, Interesting

      The key here is that these are statutory royalties. They are NOT a tax. They are described as royalties in the law, and they function exactly as royalties.

      A royalty is what you pay in exchange for the right to make a copy. This is the ordinary meaning of the term "royalty", as it is used throughout copyright law, and there is absolutely no evidence that it means anything else in the context of the AHRA.


      I have two questions: First, does this mean by buying a CDR, I am legally allowed to copy any music whose copyrights are owned by the RIAA? and Second, if I do not record any music on any of those CDs, can I send the RIAA a bill for a refund of that money?

      --
      "Your superior intellect is no match for our puny weapons!"
    2. Re:FINALLY someone is paying attention to this by sheldon · · Score: 4, Informative

      "paid every time a blank CDR is purchased! "

      This is not at all accurate. The fee is only charged on CDR media specifically intended for audio recording. It is not charged on CDR media intended for computer based recording even though it is often used for music.

      Also, similar fees are collected on analog cassette tapes, and have been for years. I'm not certain if VHS tapes have such a tax, but I would not doubt it.

    3. Re:FINALLY someone is paying attention to this by sheldon · · Score: 2

      "Where did you hear about royalties on analog cassette tapes?"

      Looks like I was mistaken and this was never enacted. Back in the early 1980's the same type of royalty tax was discussed in relation to cassette audio and VHS tapes.

      I did a search to confirm my rumor mongering, and I found references to HR5705 and S1758 being proposed back in 1982, that would have made these provisions.

      Although damned if I remember researching this back in 1990 or so and that was the case. I must have confused the proposal with it having been passed.

  45. So let me get this straight.... by Newer+Guy · · Score: 2, Interesting

    The recording industry gets a tax on blank digital media....In other words they get PAID for every blank piece of media.. NOW they want to make it so you CAN'T record on said media? Then why should they get PAID then? In fact why shouldn't they HAVE TO REFUND all that $$? Greedier bastards have never roamed the earth....

  46. Re:No, I guess by Tackhead · · Score: 2
    > Why is it that this hasn't come up before, and does anyone know how this act affects MP3's? Should they be considered legal as long as you burn them to media on which you have paid the royalty tax?

    The Canadian law, IIRC, applied to both Data and Audio CD-Rs.

    Worse, it was a pennies-per-minute charge, that varied according to media type (cheap for crappy analog tape, expensive for perfectly-reproducible CDDA).

    I can see the RIAA if they get their hands on that notion. "Well, because music can be compressed to 128kbps and 10 hours placed on a CD, and the Audio-CD tax is $0.50 for a 74-minute CD, we believe we should now collect $4.50 for every data CD."

    Mercifully, if Ms. Rosen tried it, I think even Congresscritters who don't get it would tell her to eat shit.

  47. Understands 'Fair-use' by dackroyd · · Score: 5, Informative

    Wow, not only did he think arresting Dmitri Sklyarov was a bad idea:

    This unfortunate legal action highlights the overly broad terms of the criminal provisions of the Digital Millennium Copyright Act ("DMCA"). It clearly demonstrates the intrusion of these provisions on the ability of American citizens to exercise their legally protected fair use rights,
    (http://www.house.gov/boucher/docs/sklyarov.htm)

    but he also gets that the entertainment industry wants money off the public everytime you listen to music or watch a movie.

    As NTIA recognized in its letter, one of the foremost concerns reflected in the Congressional report upon passage of the DMCA was that changes in the law could chill the exercise of consumers' traditional "fair use" rights, and move us all toward a "pay-per-use" society.
    Unfortunately, the announced exceptions to the rule are so narrow as to be practically meaningless. Fair use is not protected.
    ...Congress in its next session should act to prevent the creation of a "pay per use" society, in which what is available today on the library shelf for free is available in the future only upon payment of a fee for each use.

    (http://www.house.gov/boucher/docs/payperuse.htm )

    Wow! That'll teach the entertainment industry to only give him $18,500 when the telephone industry gave him $49,000 (http://www.opensecrets.org/politicians/detail.asp ?CID=N00002171&cycle=2000)

    --
    "Free software as in beer, copy protection as in racket" - Telsa Gwynne
    1. Re:Understands 'Fair-use' by MindStalker · · Score: 2

      You dislike the entertainment industry, and how much money has it given you this year? Nothing? Your argument is a false assessment of the truth, and you know it :)

  48. Send your support by jeffmock · · Score: 2, Insightful

    Rep. Boucher has a brilliant idea here. Send him a note of support, especially if you live in the 9th district of Virginia: Rep. Rick Boucher jeff

    1. Re:Send your support by Bob(TM) · · Score: 3, Insightful

      Actually, I'm contemplating a campaign contribution. I don't even live in VA, but I feel compelled to support someone with a clue by putting a little money behind him.

      --

      The little guy just ain't getting it, is he?
  49. Re:Worst year in a decade for album sales by Rudeboy777 · · Score: 2, Funny

    It's not just boy bands. When Creed, Staind and Incubus were becoming huge I thought "Well at least it's better than Britney". Ever since Wish you were here and It's been a while got stuck in an endless loop on radio and MTV, I contend that that music is even worse. (needless to say it reminded me what was so bad about the Matchbox 20/Tonic/Third Eye Blind days)

    --

    From hell's heart I fstab at /dev/hdc

  50. DejaVu by WildThing · · Score: 2, Insightful

    While I was sitting here reading the comments, I realized that we have all seen this before.

    The software industry went through this many years ago. They started with simple copy protection using 'bad sectors'. It was countered with various copying software. Then they added microscopic laser burned holes in the disks. That was counterered again by copying software like CopyIIPC (boy am I dating myself). Some tried various codes such as serial numbers and books with codes on certain pages. The algorithms were simple and the books got copied. Then most if not all but M$ gave up. I became too costly to keep trying.

    Next was the movie companies with trying to copy protect video tapes. Very quickly there were companies making devices to circumvent that as well. Even magazines like Radio Electronics were publishing articles on how to build them. Then most gave up as well. Again too costly to keep trying.

    The various movie stations like HBO, etc. tried too by scrambling their satallite transmissions. that too has been easily defeated and they are beginning to give up as well.

    Cable companies tried it too when they were charging for each set connected. They were defeated as well. Then the government decided it should work like phone service and they could no longer charge for each set but only a house connection. (I'm glad someone sued them)

    So I say let them keep trying to copy protect their CDs. It'll cost them more and more money and it will get feated time and time again. The focus should be on stooping them from getting this royalty on blank media. In 1992 there weren't too many people using CDs for anything but music. Today there are - computer software, Backups, videogames, etc.. They sould NOT be able to make money from something that has nothing to do with their business. That is the message we need to get to Rick Bouche.

    1. Re:DejaVu by FFFish · · Score: 2

      Let's emphasis an important point from the parent post: contact Rick Bouche and let him know that there should be no royalty on blank media that's being used for data archival purposes.

      Canada already went down that road, and we all now pay an extra $0.20-odd cents -- damn near 20%!!! -- on each and every g.d. data CD-R we purchase.

      DON'T let that happen to you!

      --

      --
      Don't like it? Respond with words, not karma.
  51. What do you use CDs for? by ImaLamer · · Score: 2

    Personally I use blanks to burn the latest distro ISO's. I use them to ... get this... actually back up legally bought software. I've only made about 10 actual audio CDs.

    I back up everything onto CD. It's so nice. I've copied entire directory trees onto a CD. Just because.

    I pay a 'what-if' tax on the media and such. No big deal. But the reason for the tax is kind of ridiculous. Not everyone is copying N*Sync or movies. Some of us are putting our own works on CD!

    So as a home user we are paying tax on the RIGHT to use this technology?

    It's a funny business. But how far up does the tax go? What if I run a mom-and-pop shop creating CD's for people who sing covers? Who is paying this tax? [please respond]

    What if the 'new' Napster takes off? People are legally buying music to legally put it on CD. Either in a compressed format or a regualar CDDA form. So they pay taxes on illegal copying?

    How about breaking the distribution monopoly the RIAA holds? Let's look into why we can't walk into a Media Play and create a CD in two minutes. I mean we've been wanting custom mixes for years.

    Jeeeez
    --

  52. Right On. by WiredPaul · · Score: 5, Informative

    I agree completly.

    I can't remember the number of times I've sat here and listened to all the armchair QBs on slashdot say "If I had the chance I'd make a diffrence.". Well, guess what! This is your chance. Get up, find a stamp and do your part. It's easy, even a post card will work. Even if doubt your letter will effect anything, don't worry it's cheap, easy and it will definitly benifit a postal system that could use some help anyway.

    --
    Communication is about content not presentation.
  53. Yes, but until there's a real follow-up by 2Bits · · Score: 2
    Yeah, that's nice that someone is paying attention and asking the right question. But this is nothing until there is a follow-up on all this mess caused by RIAA/MPAA etc.

    If some congress person raises the question, and suddenly he/she is silenced by a flood of lobbyist money (Boucher is not like that, is he?), then we are back to square one, and nothing is achieved, besides shining a bright light in this age of darkness for a little while.

    Now, if this can build up a momentum of grass root movement, and put real pressure on the legislation people to change things, then that would be a kudo.

    But that's a start.

  54. Rick Boucher by Z4rd0Z · · Score: 2
    "US Rep. Rick Boucher, D-Va. is asking RIAA execs to explain how they can collect royalties on various blank media at the same time that the RIAA members are implementing copy protection mechanisms, with particular reference to the Audio Home Recording Act (AHRA) of 1992." Glad someone is asking the question.


    The sad part is, he's the only one asking questions like this, and no one is listening except the choir.

    --
    You had me at "dicks fuck assholes".
  55. I'll add my +2 to this. DO IT! by gnovos · · Score: 2


    RockyJSquirel wrote:
    Re:Why the hell was this at -1? (Score:1)

    I.T.R.A.R.K. wrote:

    Re:It's not just boy bands anymore (Score:-1)
    by I.T.R.A.R.K. on Friday January 04, @07:32PM (#2788643)
    (User #533627 Info | http://povo-hat.besmella-quake.com/test/)
    Write fan mail to the band and tell them why you can't listen to their music anymore. It may not accomplish much beyond pissing off the band, but at least your voice will be heard. It's bands like that who care about every last fan, because they don't have many to begin with.
    If your/our complaints reach the right people, we might have an uprising one of these days. You never know. But you'll never know unless you take the time to complain to someone. It's your right. Use it.

    "Adequacy.org: Where congenital stupidity is not an option, but a requirement."

    Rocky J. Squirrel



    Listen to what he says people! Tell the bands why you won't buy thier music. Make them aware of what the RIAA is doing to thier sales!



    (P.S. Mod up I.T.R.A.R.K., not me. I've got karma coming out of my ears)

    --
    "Your superior intellect is no match for our puny weapons!"
  56. One Better... by linuxwolf · · Score: 2, Insightful

    I've never burned audio to a CD, unless it was a file within the back-ups I've made. Never.

    It really sucks when the RIAA assumes that every CD-R purchase is for copying music. I pay money for music, when I don't even work with music.

    This year, I'm going to make it a point to write my US representatives about once a month, on this issue (and similar ones). I didn't mind (well, I do, but I've gained some apathy) when the RIAA made me pay money to them for backing up my data, in the interest of compensating others' "abuse of their artists". I do mind paying them money when they are actively preventing "abuse of their artists" (or at least attempting to).

    I would urge all of you out there (that are US citizens, of course), to write to your representatives. Given enough letters saying (essentially) the same thing, the rep's (most likely) going to listen. Even with all the money raised and spent in election campaigns, they can't afford to ignore their constituents. To paraphrase Bill Cosby, "We brought you into that world, and we can take you out." Just let your reps know that you know this (well, gently let them know).

  57. Re:The Brick, The Window, and the House by kindbud · · Score: 2

    There is no 'e' in metaphor.

    --
    Edith Keeler Must Die
  58. On a similar note... by AntiNorm · · Score: 4, Interesting
    Are CD copy protections such as Safedisc illegal? As an example, take MS Flight Simulator 2000. I own a legitimate copy of this game, and it is Safedisc-protected. In case you haven't heard of Safedisc, it is a common protection scheme that makes copying difficult and renders backup copies ineffective by ensuring that the *original* CD is in the CD-ROM drive every time the game is started. From this, it is implied that making backup copies is not permissible.

    BUT...Microsoft's own EULA -- which in their own words is a legal agreement -- states that if the original media is required to play the game (as is the case here), then it is permissible to make a backup copy of the game CDs. To quote:

    6.BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Microsoft solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.
    So as you can see there is a major contradiction here. Microsoft explicitly and legally states that it is okay to make backup copies, but they implicitly state that it is not. Are they contradicting their own agreement here? Is this legal?
    --

    I pledge allegiance to the flag...
    of the Corporate States of America...
  59. Uses of blank CD's? by nolife · · Score: 4, Insightful

    I assume this double dip only applies to the "music" cdr's.

    How can someone determine exactly what blank data cd's are being used for?
    Ask 20 people the same question and you will get 20 completely different breakdowns.
    Based on my burning habits, how much should be a per disk gift to the RIAA to cover their simulated paper loses?

    If I had a decent vid capture card I would be saving tv shows to cdrom but not yet..

    My last hundred burned cd's breakdown to this..
    5 Playstation backups
    yes I own the originals

    5 Dreamcast stuff
    not games but emu's, and extra stuff that others have made.

    10 Audio cd's of music that I made.
    I made - meaning original music. I sequence midi files and record and edit the final product in wav format.

    5 computer game discs
    yes I own the originals

    15 Software discs
    Software I have downloaded, like patches, IE updates, MS service packs, plugins, Netscape, driver updates, Star Office etc..

    15 Linux distros and software

    10 MP3 disks
    mp3's that were converted from CD's I own or I created (see above). I use these in my home DVD player and my laptop when on the road.

    15 data disks with pictures from my digital camera

    5 data disks filled with prOn and car pictures from various usenet groups

    5 data backups - various data files that need backed up

    3 stuff I do not own..
    d/l mp3's, game roms, cracked software etc..

    7 coaster - ran into problems copying some of the above.. I could probably make this better but I try disc-disc on the fly first, if that doesnt work I see why (orignal scratched, copy protection that slows reading etc..) and try another method.

    Is that 100?

    --
    Bad boys rape our young girls but Violet gives willingly.
  60. What about the MPAA? by cryptochrome · · Score: 2

    I realize that the law in question is the AUDIO Home Recording Act, but how are other entertainment recordings (namely videos and DVDs) qualitatively different? Either the same (or similar) laws should apply to both, or be prepared to watch the RIAA sqeeze through those loopholes. DVD audio is already starting to catch on... and all it takes is one little video file on a music disc for them to call it a movie and sell it under those different standards. (I much prefer the converse, allowing us to copy DVDs for personal use)

    --

    ---If you can't trust a nerd, who can you trust?

  61. Re:Backups, not related to music by Technician · · Score: 2

    It could be that the CD prices (blanks not the other kind) have fallen so much I don't bother with RW disks anymore for my perodic backups. Re formatting them takes too long. This has nothing to do with music of any kind and has everyting to do with keeping the family photo ablums up to date and the tax records, E-Mail and school homework projects archived. I quit using streaming tape. A 250 Meg backup on a tape takes a lot of time and isn't reliable. It's also a waste of time retensioning and reformatting them. I don't buy audio blank CD's because there is no reason to pay a tax to the music industry to back up my server.

    --
    The truth shall set you free!
  62. Re:I save money by Graymalkin · · Score: 2

    Sony owns the license for the Memory Stick technology so anybody who isn't Sony that produces them has to pay Sony a cut for making them. Sony also owns Sony Music which is one of the big three of the RIAA.

    --
    I'm a loner Dottie, a Rebel.
  63. Good argument, but... by Dan+Crash · · Score: 2, Interesting

    ...if I were the music industry I would point out that vastly more music sits on hard drives than CDs, and hard drives are exempt from royalties under the Digital Audio Recording Act.

    However, it seems to me they could just broaden the scope of royalties to INCLUDE harddrives, and make it definitively legal to download and exchange music over the 'net.

    It would be worth it for me to pay an extra $50 for my new HD if I knew I never had to hear about or deal with the RIAA again.

    --
    He who refuses to do arithmetic is doomed to talk nonsense.
    1. Re:Good argument, but... by Hard_Code · · Score: 2

      "It would be worth it for me to pay an extra $50 for my new HD if I knew I never had to hear about or deal with the RIAA again."

      Except of course, those dollars would be going directly into the pockets of the RIAA, not the artists (see the figures cited in a previous post). So really this is riding on the backs of artists. The Right thing to do would be to have a system where these fees go to the artists, NOT the RIAA (did the RIAA do anything to help you get that MP3? Why should they get the money instead of the artists who are already largely getting screwed by traditional distribution?)

      --

      It's 10 PM. Do you know if you're un-American?
  64. Boston CD Party? by AutumnLeaf · · Score: 5, Funny

    Perhaps we should "acquire" some 18-wheelers loaded up with blank audio CD-Rs, drive to Boston Harbor, and toss them in?

  65. Yes, it's contradictive.. but legal by Kjella · · Score: 4, Insightful

    IANAL, but I feel pretty confident about this: You have the *right* to copy it, but you can't do it in any normal way because it would have to be a DMCA violation. Since DMCA is law, the law takes precedence over any agreement. Of course you could stamp (as in cd press) a perfect copy and it'd be legal (as you're not breaking any copyright method), so you can't claim the right has been entirely taken away from you. Thus your right exists, but as 99.9999% doesn't have a cd stamper around, you can't exercise it. It's like giving you TV broadcast rights in the US, but if and only if you send from the back of the moon.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  66. Rick Boucher by PrimeNumber · · Score: 2

    I think this guy is one of the few we have in Congress that "get it" and IMHO one of the few in Congress not paid for by a major media conglomerate.
    Although this is going to sound like a political commercial, I have followed this guys record, he has opposed virtually every fascist piece of legislation pushed by "big media".
    I believe the linux and free software community should support him just like most of us support the EFF.
    This sig is taken.

  67. Credit where credit's due by Anonymous Coward · · Score: 2, Informative

    In Canada, the "blank media" levy is bigger and applied to more media, including data CD-R discs, so it's even more upsetting. Activists there have already noted that it's incompatible with the arguments for anti-fair-dealing measures. The record companies have to give up one or the other (at least!). The earliest mention of this issue that I've seen is in the September 14, 2001 submission of Eric R. Smith, PhD to the Canadian government's copyright reform comment process, and flagged in a reply comment of Matthew Skala.

    But of course, it wasn't news for Slashdot until a U.S. Congressman thought to mention it.

  68. Slashdot by Dollyknot · · Score: 2, Interesting

    He He, two moderator points left and I decide to give up that democratic right and post instead.

    I'd put it down to the incomahole.

    Lemme tell you what I mean.

    Near on twenty years ago I started fiddling around with computers, and had much fun doing so. That was in the days when ones operating system was written in stone. In the days when the OS was burnt onto a rom and they had to get it right when they went for a burn 'coz it cost an awful amount of money when they got it wrong.

    Then came along HD's and it was worked out,
    one no longer had to give so much commitment to accuracy, one could issue the operating system in software, sort of flashupgrade on steroids, and charge in the process. Yeah big time, well clever keep em in the dark and suck em dry. Well the chickens are coming home to roost sorry.

    Economics on its most real level, is about resource management and I think us homo saps are making a poor fist of it. Raping the present and mortgaging the future. Why? Maybe because of intellectual capitalism.

    The understanding of how computers work should be shared, not hoarded. The proliferation of different computer languages demonstrates the antithesis to this idea. Almost as though kind of following the fat wallet and empty bollocks syndrome grows bigger antlers, irrelevant of the environment of ones children. They vainly try to delineate logoize encapsulate alienate obfuscate towards a fat wallet and empty bollocks as though that was the sum total of what life means. Capture the intellectual territory by beating the shit out people if they do not agree with your labels.

    Well to end all this, I would like to say I think intellectual capitalism stinks and resource capitalism has a grain of sense.

    Init nice to waste karma when you are that old and fucked up.

    Peter

    --
    It's called an elephant's trunk whereas it is in fact, an elephant's nose, a nose by any other name would smell as sweet
  69. So what do you propose? by cduffy · · Score: 3, Insightful

    It's great that you can complain about how mass media is destroying your culture... but what do you propose to do about it? Establish some government oversight preventing more than 20K copies of any CD from being distributed? Require the taxpayers to fund the publication of any artist who thinks they have something worth distributing?

    Capitalism may be a poor method of resource distribution -- but there is none better.

    1. Re:So what do you propose? by cduffy · · Score: 2

      Great... but again, what do you propose to do about it?

      Complaint without action is meaningless.

    2. Re:So what do you propose? by Sydney+Weidman · · Score: 3, Insightful
      It's great that you can complain about how mass media is destroying your culture... but what do you propose to do about it?

      Here are just a few suggestions:
      • Just stop protecting intellectual property. We've already got more than enough of it.
      • Support local theatre (by going out and enjoying it)
      • Support live music (by going out and enjoying it)
      • Write songs for the fun of it.

      The common thread is that it's better to be a participant in culture than just a consumer of it.

      Capitalism may be a poor method of resource distribution -- but there is none better.

      Man, you are so, like, missing the point. Even if a perfectly efficient information market *were* possible, I would still be happier with art and culture of a local or regional nature.
    3. Re:So what do you propose? by cduffy · · Score: 2

      Okay, that's cool. You enjoy your regional art, and I'll enjoy my mass-produced CDs, and we'll both be happy.

      I just get annoyed when folks infer that by enjoying my mass-produced CDs I'm Doing Something Wrong.

    4. Re:So what do you propose? by abe+ferlman · · Score: 2

      Oh my god, Britney Spears is the necessary consequence of capitalism? And there is no better way? Talk about a hasty generalization.

      Here's a thought- maybe it is the failure of capitalism that allows Britney to flourish- because the media companies have been granted anti-competitive monopolies over ideas.

      Or maybe it's not so simple. Capitalism zealots are so quick to derive an ought from an is. But we haven't even really *tried* free-market capitalism yet, so how would we know?

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    5. Re:So what do you propose? by cduffy · · Score: 2

      Okay -- I agree that government handouts to Big Corporations are bad, and fully agree with those who are against them.

      On the other hand, I don't agree that copyright should be denied to a business entry because it is organized as a corporation -- and I also won't accept that I as an individual can be granted copyright but that I as a sole proprietor cannot.

      If copyright is good for the goose, it's good for the gander; I fully support limiting its term for everyone, for instance -- but extending it differently to some entities than to others creates a false disequilibrium which is ripe for abuse.

  70. List of "corrupt" (copy-protected) CDs.. by fanatic · · Score: 4, Informative

    The article says 'sightings are rare' - don't think so, see here.

    --
    "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
  71. Well, if you got a review copy... by Kjella · · Score: 2

    ...put that in your review. Or send it back saying that you won't bother to make a review of it if you can't play it in your (for you) normal player.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:Well, if you got a review copy... by rjh3 · · Score: 2

      Very definitely put it in the review. If every music reviewers were to warn the buyers about unreadable CDs that will have a big effect.

  72. Seems similar to Arizonas Cannabis tax experiment by Anonymous Coward · · Score: 5, Interesting

    A couple years back, the state of arizona thought it would be sneaky and try to screw drug dealers out of more money. They created a cannabis tax - The idea being that if you were caught with a bunch of bud that you hadn't paid taxes on, they could use the "tax" to extort that money out of you.

    Funny thing is, because they had the tax, they had to then create a cannabis license. So, people started applying for licenses to sell cannabis.

    When all was said and done, and everything went through court, it was decided that these people who had applied for and received cannabis sale licenses and had paid the tax, could not then be prosecuted for selling cannabis.

    So...If I pay a tax on the blank media I buy - a tax that was put in place to compensate the various content holders for "piracy" - does that not then give me the implicit right to use that media for "piracy"? I mean, hell, I *did* pay the tax after all...

  73. Re:Paradox? by mr.+roboto · · Score: 2

    Does that mean that the record companys can't do anything about someone making the copy for personal fair use of they break the DCMA?

    No. The DMCA and AHRA are separate laws. The AHRA protects you from copyright violation suits, but not from liability from violation of the DMCA.

  74. I think you're right. by Chasing+Amy · · Score: 5, Insightful

    Come to think of it, when I had Napster at my beck and call I downloaded a lot of music (for a 56k guy, that is--if only I had my cable uplink back then!). But I also bothered to go out and buy CDs, something I seldom did before and haven't done since.

    When I had Napster, I logged into its chatrooms, talked with people, and got pointers on what to listen to. Then I downloaded a few songs, listened--and if I liked I often went out and bought a CD. That's how I got intorduced to music like Cat Power and P.J. Harvey. But even when I could find > 160kbps MP3s of their songs, I still often wanted the better sound and the liner notes and images of the CDs.

    A trip to Best Buy to pick up some blank CDs or a new PCI card or game often led to a new CD purchase, too. But not any more. I don't get introduced to new music I really like, since MTV is 99% kiddie-pop or shitty rapcrap, VH1 is 90% stuff I heard 10 years ago, and nowhere else is there in my area to get into music and explore.

    I think that's what the RIAA bitches don't understand. The piracy angle is insignificant if the side-channels it creates get millions of people to be more enthusiastic about music and let them find the kind of music they really want. You see, it turns a largely indifferent market--and let's face it, unless you're a child or young adult into the MTV sort of demographic, the odds are you're pretty indifferent about music and only buy it on occasion--into the same sort of excited MTV-kiddiez who rush out to buy the latest NSYNC crapola, only about a far broader range of music. For every Britney Spears lover who downloads her whole new album at 128kbps instead of buying the CD, there are several people who sample a few dozen tracks and then get inspired to buy a CD or two when they never would have bought one before.

    That's exactly the sort of person I met in the Napster chatrooms quite often. I mean, if they were still in print I'd buy every Cat Power album ever recorded, all thanks to someone at the Napster forums, and I know there are lots of others who'd say the same about an artist they never would have known but for online "piracy."

    Incidentally, if anyone can point me to a copy of Cat Power's "Darling Said Sir" from one of her old out of print singles, I NEED THAT SONG. I can't find it, not even in online record stores, and only have a very bad and scratchy MP3 of it at 128kbps. I had to mention it beause I've been searching for sooooo long.

    Anyway, I think the nail has been hit right on the head. All those increased record sales pre-Napster shutdown were due to ordinary people becoming excited music lovers and buying music they never would have known about before. The decline in music sales ever since has been due to the fact that no real replacement for Napster's community exists yet--no place with an easy interface that anyone and everyone can log into, with integrated chat functions and real ease of finding almost anything at almost any bitrate. I've tried stuff like Limewire, WinMX, Kazaa/Morpheus--each has fatal flaws. Some lack Napster's nice integrated chat communities. Some only find crappy 128k music and won't let you limit your seaches to better quality stuff. Some is too hard for an average guy to use. Some are just too obscure with too few users. Some never provide stable connections when you try to make a transfer.

    In short, nothing is what Napster was. If the recording industry were to be beaten within an inch of its life with a clue-stick, it would realize that what it needs to do is just remake Napster exactly like it was, with open MP3 and OGG file formats freely allowed, with a reasonable subscription fee to be doled out to artists and labels according to number of downloads for each song. If it were a reasonable flat monthly fee and the file formats were open and unencumbered, most old Napster users and a bunch more would jump on it--as I said, the other file trading networks just aren't as good, with all the features and ease and connectivity Napster had. And most people would continue to buy CDs, and just as before a lot of non-CD-buyers would become CD buyers thanks to the music they're introduced to. Let's face it: a real album still usually offers something an MP3 doesn't. Tangibility. Pictures. Notes and information about the band and the album production. Show-off-ability--easier to point a friend to an album on the shelf and tell him how great it is, than to point him to your hard drives.

    Not that I like the RIAA, but they could have easily consolidated their power over the industry into the next millennium by embracing Napster and working with it toward a fee-based licensing regime. Instead, by fighting the new media, and trying to impose control under their own unnatural terms, they're pissing away their power and influence. Stupid, stupid RIAA.

    --

    Chasing Amy
    (We all chase Amy...)
    "The more corrupt the state, the more numerous the laws"-Tacitus
    1. Re:I think you're right. by Kwil · · Score: 3, Insightful

      I think that's what the RIAA bitches don't understand. The piracy angle is insignificant if the side-channels it creates get millions of people to be more enthusiastic about music and let them find the kind of music they really want.

      Actually, I tend to think that the RIAA does understand this and it scares the crap out of them. After all, if the audience splits off into a million niche groups, you know how much that adds to the companies marketing expenses?

      It also gives smaller labels (that aren't part of the RIAA and paying their dues to it) access to a wider market. If there's anything the RIAA doesn't want, it's to be relegated to a non-essential, because retailers start stocking from the small labels because consumers are demanding the music from the small labels.

      On the otherhand, if the market is only half as big, but can be neatly advertised to in 4 large chunks of demographics, and belongs entirely to RIAA members.. it's more profit.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    2. Re:I think you're right. by elefantstn · · Score: 2

      I think you've inadvertently hit the nail on the head with regards to the RIAA's real problem with Napster. Cat Power, as I'm sure you know, aren't on an RIAA-member label - they're on Matador. (As an aside, Chan Gailey's amazing voice would never make it on major-label music). The RIAA doesn't want people discovering what kind of music they like, because most people don't really like lowest-common-denominator-RIAA-sludge. They just have no idea anything else exits. The RIAA member labels' business strategy exists the basis of controlling both the discovery and purchasing of music; they have nothing to do with the artistic side. Napster let people try at no risk new music they normally would not have; this became a problem. The problem isn't 12 year olds downloading Britney Spears, the problem is 35 year olds discovering that instead of buying another Neil Young retrospective, they can try out Built To Spill.

      As another aside, everyone please check out the Super Furry Animals, my favorite band ever. From Wales, they melded musical styles from all over the place to create their own mixture, some sung in Welsh. Absolutely mind-blowing stuff. Download some off Morpheus, buy their albums, and go to their concerts. Fucking great band.

      --
      If it ain't broke, you need more software.
    3. Re:I think you're right. by jms · · Score: 2

      The recording industry makes their money by getting millions of people to all buy the same album at once.

      Remember, the ability to control the market is in itself a form of power. If the record labels can no longer control the market -- if they can no longer dictate the top 40 -- then they lose a lot of their power and influence.

      The situation now is that if you are a band, and you want to even have a chance at a "Britney Spears" level career, you have to sign a recording contract (and give up almost all of your money and all of your copyrights.) That's because the recording industry controls the radio stations, and has cut deals with distributors, Wal-Mart, etc.

      If systems like Napster give young musicians the idea that they can become even moderately successful without signing away their copyrights and profits to a record label, then they would be less inclined to want to sign with a major label.

      That is why the record labels are struggling to destroy Napster. It threatens their monopoly over public exposure to new music.

  75. MOD THIS UP! by mizhi · · Score: 2

    MOD THIS UP!

    In a nutshell: follow the money!

    I like Boucher and he's done some other stuff that I'm too lazy to go look up, but he's pretty much serving the special interests of the internet... it just happens to align with most of /.ers personal convictions.

    --
    Humorless sig goes here.
  76. We were warned about this by Jucius+Maximus · · Score: 3, Insightful
    "It's worse than that. I think they haven't produced music this shitty in 40 years. Note that during the 60s, 70s, and 80s, there were major challenges from outside the industry. Naturally, since they have the distribution racket figured out, and since they know how to dupe naive trend-followers, latecomer bands, into shitty contracts and then promote the hell out of those bands like they are the real thing, most people don't know the damn difference, meanwhile they buy up the newer, smaller labels who are often close to burning out anyway trying to ride their wave as hard as they can. Pretty soon they are back to producing bland, manageable pap as usual."

    Something just hit me. This is so obvious to me now based on what you just said and based on my previous comment.

    You know how in 1984 by George Orwell, he talks about the "Versificator" (it's in Part II, chapter IV)?

    I'll quote it for you:

    "The tune had been haunting London for weeks past. It was one of countless similar songs published for the benefit of the proles by a sub-section of the Music Department. The words of these songs were composed without any human intervention on an instrument known as a versificator." - George Orwell, 1984, Part II, Chapter IV

    And so here we are today with clone-bands singing cloned songs that all sounds the same. Have you noticed that "oops i did it again" and "baby one more time" have the same music and different words? Doesn't it seem like those BSB and NSync songs all sound the same and are cranked out from the same machine-liked process? There are other songs within (and between!) the boyband groups with the same music and different lyrics. Try finding them. You'll be surprised.

    I'm not sure which idea scares me most:
    1. In this picture, WE (or at least most of the wealthy countries' youth of today) are the proles.
    2. Most people don't even have a clue how accurately our situation portrays a portion of Orwell's book that was written decades ago.

    1. Re:We were warned about this by jms · · Score: 2

      Heh ... The "talent" in the major-label, mass-market music industry is in the producers, and songwriters who manufacture the boy bands and girl bands. The performers on stage are interchangable. Kids who can sing are a dime a dozen, and even if they can't sing, there are computerized devices that can put their voices in tune automatically.

      It's the people behind the scenes who are the real talent behind bands like N'Sync and the Backstreet Boys. Hell, watch "Pop Stars" on TV sometime. They show exactly, and shamelessly, the process of manufacturing a top 40 band.

      Record companies like the arrangement, because instead of dealing with the demands of temperamental young artists, they can deal with seasoned, older professionals who know the game. There is simply no possibility that the Backstreet Boys will put out an edgy, challenging album, because the songwriters and producers behind the act are in it for the money, and they aren't in the spotlight, so they don't have to deal with the ego problems that musician/songwriters often present.

  77. Where does this leave portables players? by alecthomas · · Score: 2, Insightful

    So if music is destined not to be readable by a PC, isn't that going to totally kill sales of portable players like the Rio?

    These players, afaik, only have computer interfaces, so it's not like you can put music on them from any other source.

    Perhaps companies producing these products should wake up and smell the stinky stuff before it gets totally rancid.

  78. How much $ for a politician? by Travoltus · · Score: 2

    US Rep. Rick Boucher: "How can the RIAA collect royalties on various blank media at the same time that the RIAA members are implementing copy protection mechanisms..?"

    RIAA's Hillary Rosen: "Simple. We pay you - or your comrades - to hush up."

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
  79. Re: What's worse? by symbolic · · Score: 2

    The fact that the record companies do this, or that our culture is stupid enough to buy into it (again, and again, and again)?

  80. Let me remind you of what else is going on... by MsGeek · · Score: 2
    The Five Families of the recording industry are making all their money largely on the backs of slave labor.

    Don't believe me? Read these articles.

    http://www.salon.com/tech/feature/2000/06/14/love/ index.html
    http://www.salon.com/ent/music/feature/2001/09/06/ love_in_sacto/index.html

    If anything should be made illegal, it's the thievery of the record industry.

    --
    Knowledge is power. Knowledge shared is power multiplied.
  81. Actually by Sycraft-fu · · Score: 2

    You can perfectly well make a copy of it with a normal burner. If it is the old SafeDisc (version 1) you just need a burner that supports RAW+96 reading and writing and software like CloneCD that can take advantage of that fact. For the new SafeDisc (version 2) you also need a burner that does correct EFM encoding. Those are still somewhat scarce, but available.

    Even under the DCMA, these aren't illegal. CloneCD and these burners don't circumvent copy protection, they jsut copy the whole disc, copy protection and all. IF you copy a SafeDisc'd CD with a burner that can handle it, then try and copy the copy with a burner that can't it won't work. However the DCMA now makes illegal programs that just remove the SafeDisc checks, like SafeDisc unwrappers.

  82. Philanthropy on Slashdot by DreamingReal · · Score: 5, Insightful
    Contributing to Boucher's campaign would be a *great* way of fighting fire with fire. He is one of the few friends geeks and media consumers seem to have in Washington. It benefits us all to have him in office. For those of us who do not have the priviledged opportunity to vote for him, contributing money is the next best thing we could do.


    On a related point, your link has got me thinking about philanthropy on Slashdot. I'm still baffled why this site does not run drives to raise money for various causes - like a "Cause of the Month" type of thing. Kuro5hin has been doing this lately. There are always cause de jours that need money (Sklyarov) and the EFF could be the default. Hell, create a Slashdot poll to determine who gets the money for the next month. Taco could set up a Paypal account and donate the proceeds to each cause at the end of the month. Put the link on the homepage and BAM! donate with a single click, as you read.


    Various posters talk about contributing to groups like the EFF - perhaps we can make this a community priority (as well as making it as easy as possible for people to do so).

    --
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    Some kind of shit about a terrorist threat

    - Ministry
    1. Re:Philanthropy on Slashdot by krmt · · Score: 2

      I think the reason is that he'd be forced to have VA Software as his cause of the month every month. [ducks]

      --

      "I may not have morals, but I have standards."

  83. Doesn't harm your equipment, just sounds bad by billstewart · · Score: 2

    I suppose it might randomly overload your speakers, but if your equipment is decent it'll have some kind of anti-self-destruction limitations built in. The copy protection dreck just gives you lots of bad bits which a computer player will reject and an audio player will error-correct (unless, of course, somebody writes different error-correction software for the computer-based players.)

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  84. Yes and that makes no sense at all... by Robber+Baron · · Score: 2

    ...because I seem to have no trouble burning CD-A tracks onto CD-Rs (not audio!) amd playing them in my CD player.

    --

    You're using her as bait, Master!

  85. $5.2M isn't much money. by billstewart · · Score: 2
    Thanks for finding out how much money they're getting. It's probably a good bit higher in 2001, and will be even higher in 2002, as CDR prices keep dropping, and the principle behind it is really obnoxious, but fundamentally it's not much money. If they stuck to that and didn't try to expand their control of everybody's intellectual property though buying politicians and DMCAs and SSSCAs and other abusive acts, I'd consider it worth 5 cents per US taxpayer to not only have the record companies off my back, but to have a well-defined legal right to make backup copies of music I've bought, MP3 copies to play in portable players, recordings of music from the radio, etc.


    Note: the payments aren't per taxpayer, of course, they're per piece of recording medium, which is much less obnoxious, since it's not taxing people who aren't recording anything. So if it bothers you that the tax covers media that you record non-audio material on, go get yourself a copy of Morpheus and download some Metallica tunes.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  86. A libertarian's response to this mess. by dada21 · · Score: 2

    And that's what it is. A MESS. A mess created by a government illegally getting itself involved where it shouldn't have.

    There should be no regulation by the government in any of this. Copyright constitutionally extends 7+7 years, that's it. All other laws extending it were unconstitutional per the 9th or 10th amendments.

    An artist's ability to protect his artform for up to 14 years is fine. If someone finds a way to break their "protection scheme" they should not be punished -- the free market lets them try again with another scheme to prevent "breaking the code."

    This is all a mess creating strictly by our government's being bribed by big music and film industry to "protect them" so they don't have to spend the R&D to protect themselves.

    It would have been easy, in fact, SIMPLE for the music industry to make their own propriertary listening devices -- give them away even. Then surcharge the music format, an uncopyable format at that. Easy enough. Instead, us taxpayers have to pay for all this government spending and waste trying to protect copyright that was supposed to be protected by the authors.

    If someone copies a CD, they should be held liable, not the manufacturer of the hardware, software, or media used to copy that material. End of story.

    Get government out of copyright management issues -- vote libertarian.

  87. Paying studios doesn't mean selling out to labels by billstewart · · Score: 3, Informative
    Your magic phrase was "needs some form of label support to pay the atrocious bills of a studio that knows what it's doing." If you know what you're doing, you can build a computer-based studio for not too much money, and people who want to build studios to help other people record music can now do it for not too much money. (Here in San Francisco, the floor space for the studio now costs much more than the electronics :-) The expensive part is the "knows what they're doing." That's also getting cheaper, at least for the technical side - some of the other studio services, like providing backup musicians, may cost more.

    What the label is providing is knowledge about how to sell music, and how to make music that sells, which is only partially related to how to make music that sounds good. But what they're really providing in return for your soul, first-born child, and ownership of your music is that they're running the business and hiring you to play music for them, like a bar owner hiring you to play for the evening, unlike the computer venture capitalist deal where the VC lends you money, owns much of the stock, but you run the business as well as making the product. Why can't you just buy studio time yourself? Theoretically you can, and if you can market your music successfully, cool. Studios are a lot less expensive than they used to be, but advertising is more expensive, but delivering product is less expensive. It's getting to be time to kick the chair out from under the traditional industry structure.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  88. Bargains change all the time. by billstewart · · Score: 2
    The economics keeps changing, political clout keeps changing, the price of congresscritters keeps changing, the needs and desires of the public keeps changing. The 1992 law wasn't written in stone or amended into the Constitution - it's just a law, and a newer law can supersede it, change it, discard it, replace it with something better or worse or different, depending on whatever 51% of both houses of Congress can be talked into voting for this week. It's not a Supreme Court decision about Constitutionality that has some sticking power, and even those evolve.

    So when the act came out, did you believe it was the record industry's Final Answer, or did you believe it was the stinkin' camel's nose getting into the tent, or just another milepost along the way?

    It's one of those "eternal vigilance" things. If you care about it, keep watching them, keep lobbying your Congresscritters, support groups like the EFF and ACLU and NRA and keep watching them too.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  89. This is still about control by PotatoHead · · Score: 2

    Very interesting question really. Amazing that someone in office actually got it right. Kudos to him!

    So if I am paying for copies that I might make, that in a sense makes the copies ok so long as they are for personal reasons and I am not directly profiting from them, right? Wrong in their eyes. Being able to create and potentially distribute content without their involvement is the issue.

    If these people were out to actually make some easy money, they would lobby to increase the tax, and they would have also taken the Napster offer. I say they are making enough right now, enough to make these options unattractive given the carrot of pay-per-play.

    They are taking the longer view. If they stick to their guns and actually legislate our machines into content receivers then they stand to make a hell of a lot more. It would not surprise me to see them actually make some consessions on the small tax they are collecting now in order to make bigger legislative gains toward their longer term future.

    It is no secret that they want the entire pipe between their content and our brains. It is this level of control that drives their current actions, not money. It is getting really easy to produce content on par with theirs and they know it. In music this has pretty much happened already. Movies will follow.

    Remember that the movie studios were worried about the VCR because they could not control how many people were watching. My god, a whole room full of people might actually watch that movie!

    They need to own content distribution totally, or they face competition and eventual insignificance from whatever creative disruptive technology and content will come from an open content delivery platform.

    Until now economics of scale and technology made it easy for them because few could afford to really generate compelling content. As this changes, they will react because they must to exist over the longer term.

    This whole battle is not totally over personal copies. It is about the potential for leaks in the channel to be expoited by others in a competitive and potentially disruptive way that changes the game. Since they basically have all current content locked up, the only way they can really lose longer term is to miss out on new content thus diminishing the value of their channel in favor of another.

    So I say they will yield somewhat here on the tax issue in a gamble to capture the larger prize.

    I will be watching this one with interest.

  90. Rick Boucher on Fair Use by thumbtack · · Score: 3, Informative

    Rep. Boucher who was rerferred to by John Perry Barlow as "The only person in Congress who gets it." (at the O'Reilly Conference)has some ideas on Fair Use that are well worth reading. As a VA resident who has met and discussed DMCA and fair use with Congressman Boucher, he needs your support in helping to correct many of the problems with the DMCA as it exists, by letting YOUR Congressperson know that you, as a constituent, want them to support the changes. They need your vote, without being elected, they don't get the lobby dollars that the copyright industry scatters around DC like confetti on New Years Eve. Point out to them they work for you not Disney, not Vivendi, etc., etc, not Hilary Rosen or Jack Valenti. They will get the point.

  91. Re:THE SNEETCHES by Luyseyal · · Score: 2

    Since the poor bastard is dead, I don't care that you're violating the Sneetches copyright. All hail civil disobedience in the name of truth, justice, and the American way. 8)

    -l

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  92. Please remember... by Perianwyr+Stormcrow · · Score: 2

    Symphony orchestras are perhaps the musical entities most deserving of your money.

    Granted, they get massive endowments as it stands, and have always been reliable charities- but in this case, it's the performance that's being paid for.

    So paying for classical music is just as important as the others.

    This having been said, the CDs are indeed often dirt cheap, and good buys by anyone's standard.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  93. Notice he mentions AHRA by harlows_monkeys · · Score: 5, Interesting
    OK, this is interesting. I've been trying to figure out how copy protection could violate the law. Things like "fair use" make it so that certain copying is not a copyright violation, but also don't prevent the copyright holder from taking non-copyright measures to stop that copying. The DMCA makes it pretty clear that the idea of copy protection is perfectly legal.

    However, he mentions the AHRA. The interesting part about the AHRA is that it places a tax on certain blank media, and mandated certain copy protection schemes in digital recording hardware. The record companies get the money from the tax. In exchange for this, consumers got some pretty broad music copying rights.

    I think the theory he is thinking about is that consumers have bought copying rights via that tax, and so that the record companies can't take steps to stop that copying, since they have accepted the money from that tax.

    1. Re:Notice he mentions AHRA by jms · · Score: 4, Insightful

      It would be fraud. You purchase a blank audio CDR. Part of that money is paid to the RIAA as a federally-mandated statutory "royalty." A royalty is what you pay in the exchange for the right to copy music.

      Now you have the right to copy music from anyone who collected those royalties. Those royalties are collected by, among others, all of the major record labels.

      Then they turn around and make it impossible for you to exercise the right that you have paid for.

      Imagine that you purchased a new car, then went out to the parking lot to drive your new car away, but found that the auto dealer had placed a Club on the steering wheel. Wouldn't you be screaming bloody murder?

      The recording industry's right to attempt to prevent copying ended when they accepted statutory royalty payments on blank digital audio media.

  94. Re:I save money by Graymalkin · · Score: 2

    Uh..my point was Sony still gets the guy's money no matter what he is doing. Not that you use Sony's technology to break stuff they ultimately own the rights to. In fact using a Sony Memory Stick to listen to MP3s made from Sony Music produced CDs would be pretty stupid if you're aiming to fuck over Sony. Not only is Sony making a buck off the media itself (the memory stick) they're making a buck off the reader/writer as well as at some point the CD some guy ripped to MP3. The guy just gave Sony a bunch of money for listening to MP3s on a memory stick based MP3 player. Congrats!

    --
    I'm a loner Dottie, a Rebel.
  95. Re:Worst year in a decade for album sales by budgenator · · Score: 2

    Napster was providing the function that radio used to
    CKLW was am AM, clear freq (800 KHz, and the first AM Stereo) top 40 station that would play some demo stuff from local and some non-local bands, people like Bob Seger, Ted Nugent, I even heard the Cars a few times.

    On a good night I've heard that station in north Alabama, and I've know people who told me that they picked it up in Alaska as well.
    With a little home-brewed equipment it could be heard world-wide, the station was in Windsor Ontario, Canada.

    In the Army, people would look at me strange when they were asking about an artists break-out recording, and I you tell them about good their previous works were.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  96. Statistical analysis by KjetilK · · Score: 2
    Yeah, I've been thinking about doing a simple analysis of variance on this. I did look at some RIAA data that showed the annual CD sales the last ten years, and those data showed clearly that the last ups and downs are no more than natural variations.

    However, if somebody is able to dig up solid figures for sales, metrics for the purchasing ability of consumers, number of downloads done, and possibly other relevant metrics, preferably with a time resolution of a month, it should be a very easy analysis to do. But right now I haven't got the time to dig up the data.

    Rather than analysis of variance, somebody should do real time series analysis on it, but that's not a field I've been studying, but perhaps there are some real statisticians here.

    --
    Employee of Inrupt, Project Release Manager and Community Manager for Solid
  97. Shame u cant get KISS TV by reality-bytes · · Score: 2

    I know exactly what you mean there, I just wont blind-buy records and I'll be blowed if I'm gonna stand at the listening post in a record shop all day long.

    Being a DJ at the weekends, I tend to get any tune I may be interested in on MP3 (from some somewhere like here) and then go out and buy it on 12" vinyl (try copyprotecting one of these!).

    There are other good places to find out about good new tunes but you have to fight your way past all the kiddie-pop/rock/whinging/defeatist/suicidalist rubbish. KISS TV in the UK is excellent cos the guys that call in and select the tunes mostly live around London and already know there stuff & there is Radio KISS which transmits on 100Mhz in the London /SE area and can also be listened to over the web. Internationally there is a German TV channel on several sats covering wider europe called VIVA. - I first saw the video for Prodigy's "Smack my Bitch up" here.

    As for the states - I dont know but there are ways and means :).

    Oh, one other thing; most of the pre-release and early copies of tunes on MP3 come from 12" vinyl promos - which dont even provide revenue for the RIAA! And if anyone think that vinyl is dying: its sales are up by 21% in the last year in the UK :)

    Long live 12" - The British - a nation of dance DJs

    --
    Ripping an new rectum in the fabric of spacetime.
  98. they still happen by hawk · · Score: 2
    well, at least little ones :) Every five or ten years or so, a senatator takes a swing at another. The ages involved tend to make it easy to separate, them . . .


    hawk

  99. I'm wrong again by f00zbll · · Score: 2
    Here I was thinking politicians are a bunch of greedy idiots, except for a few, but reading that article proves there are still good people in politics. The argument the record companies can't have both royalties and copy protection seems like the best weapon yet against RIAA.

    I'm not looking to rip off the record labels. Just to have things priced fairly and balanced. They need to make money, but they also need to respect the consumers rights. If the record company decides they want to use copy protection, then they shouldn't get to collect royalties. Once that happens, they'll realize how big of an impact fair use plays in increasing sales of music. Then again they probably already know that fact, but don't care.

  100. Re:On a similar note... VHS copy protection by AntiNorm · · Score: 2

    It's probably Macrovision protected. Macrovision screws with the sync signals in the analog video stream. TVs generally ignore this, but VCRs don't, and attempting to record a Macrovision-protected signal on a VCR will result in garbled video (I don't think it does anything to the audio).

    --

    I pledge allegiance to the flag...
    of the Corporate States of America...
  101. Re:copying music appears legal by jms · · Score: 2

    In order to understand this clause you have to understand the situation in 1992. DAT recorders had been put on the market in Japan, but the RIAA had issued a standing threat to sue anyone who tried to sell a DAT recorder in the U.S. As a result, DAT was being frozen out of the U.S. market.

    The AHRA was the result of a congressional attempt to get DAT recorders into the U.S. market. This clause was never intended to protect consumers from the recording industry. It was intended to protect hardware manufacturers from copyright holders. That explains the odd phrasing "based on the noncommercial use by a consumer ..." The RIAA was threatening to sue based on exactly those grounds, and this clause eliminated that possibility, and opened the door to DAT recorder imports.

    I think that the AHRA certainly does, or at least should protect individuals against the RIAA, but the AHRA was originally drafted to resolve a fight between the RIAA and the DAT manufacturers.

    I think that Napster made a key mistake by relying on this clause. The reason that users have the right to download music isn't because the law forbids lawsuits. It's because users commonly make mix CDRs from their downloaded music, and those same Napster users are paying statutory royalties on the blank CDRs, and have the right to fill those CDRs by any means, including digital downloads.

  102. Philips say copyprotected CDs are not real CDs by Snaller · · Score: 2, Interesting

    Somewhat related, is the fact that a spokesperson for Philips, interviewed in a german trade publication says that copy protected CD's are not according to the specs laid down by Philips, and as such are not real CD's, they will be less functional and have a shorter lifespan. And Philips expect all future CD's to be specifically labled to this effect ("This disk is not a real CD, will not play in most equipment and will have a much shorter lifespand" *snicker*)

    German Yahoo has the story:

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  103. Reply to sig by HiThere · · Score: 2

    PL/1 wasn't that bad. In many ways it was better than C (if you had the RAM to handle it ... the z80 version was a real looser!). It's unfair to compare it to Ada, as that was years later. JOSS? I admit I've never known anyone who ever used it, and I've never had access to it. But this doesn't automatically make it a better language. But it was designed as a successor to Fortran and Cobol, and as that it was a success. (Possibly F90 is better, but Fortran IV wasn't. I ended up trying to use Dystal to manage lists of strings is how bad that was.)

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  104. High FInance by Royster · · Score: 2

    2000 $5,285,246.32

    Wow. 5 million dollars. Ain't that a drop in the bucket. What's that? Half a million CDs at $10 per? (Guessing at the wholesale cost the record stores pay.) And how many CDs were sold last year?

    I'm no fan of the RIAA, but these amounts are truely piddly.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  105. Re:Proprietary music in the wedding program by klund · · Score: 2

    You don't. I assume you used at least one piece of proprietary music in the wedding program. I feel justified in making this assumption because most weddings I've attended have used at least one piece of proprietary music.

    Bzzt. Wrong. My wedding program didn't include any music composed after Bach's death (1750). Despite the long arm reach of the Sonny Bono Copyright Extention Act, I'm pretty sure I'm in the clear here.

    You must go to a lot of cheesy weddings.

    --
    My word processor was written by Stanford Professor Donald Knuth. Who wrote yours?
  106. Re:Tell your representatives to repeal the Bono Ac by Luyseyal · · Score: 2

    Wow, I'm impressed that the subtlety of what I said managed to slip right past you! Especially since it wasn't so subtle!

    I'm well aware that copyrights last longer than life. I know Mrs. Seuss is making a pretty penny off her husband's works. Frankly, I don't think anyone should be able to collect copyright tithes from someone else's works.

    This is why I said what I said.

    Cheers,
    -l

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