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Copyright Infringement In the News
Lots of newsbits about copyright infringement today - let's mash them all together with some egg whites and breadcrumbs and see what we get. marklyon writes "The DOJ announced that they are planning to prosecute filesharers under the The No Electronic Theft ("NET") Act. John Malcolm, a deputy assistant attorney general, made the pronouncement at the Progress and Freedom Foundation's annual technology and politics summit Tuesday. Cnet has extended coverage." Reader M_Talon writes "According to this article on ZDNET the RIAA is using one of the DMCA's more nasty clauses...the right to subpoena an ISP for a suspected pirate's personal information. They want to force Verizon to reveal the customer's information, and Verizon is refusing on the grounds that the pirated material isn't on their servers." Reader MattW writes "Apparently some theaters are consenting to run anti-piracy ads before movies. After all, these are not a bunch of fat cats we're talking about -- piracy now threatens the livelihood of the rank and file workers of Hollywood. After all, the movie studios are having a terrible year,
right?" Finally, the Washington Post (probably one of the last articles we post from their site, as they go registration-required) discovers spoofed files on Gnutella, and public radio is reporting that the RIAA will drop their suit against listen4ever.com, since it's, uh, gone.
Brazil has decided you're cute.
1. Don't distribute works you don't own the copyright for.
2. Don't distribute works whose total value is more than $999.99US
3. Don't distribute works whose total value is more than $999.99 US for more than 180 days.
The government kinda shot itself in the foot with this one. It will be damn hard to prove that you have distribute works for 180 days whose total value is more than $999.99US.
Burn Hollywood Burn
"The DOJ announced that they are planning to prosecute filesharers under the The No Electronic Theft ("NET") Act."
This bill is actually entitled Make'em Stop, Period--No Electronic Theft (MS.NET).
they dont need to keep taking ISP's to court, they just need to get a precedent set that this quote from the article does indeed apply to the situation:
At issue in the RIAA's request is an obscure part of the Digital Millennium Copyright Act (DMCA) that permits a copyright owner to send a subpoena ordering a "service provider" to turn over information about a subscriber
After the precedent is set most ISP's will just hand over the subscriber's name is my guess... of course there's always a chance that the precedent goes the other way, but it looks like a long shot from the wording of that quote.
The majority of Americans want to free music. They want to share.
The majority of Americans do not see digital piracy as theft. The majority of Americans also do not see picking flowers at a public park as theft, or sneaking a grape at the supermarket. The majority of Americans drank alcohol before the legal age. Technically, we should all be in prison, but these minor crimes don't really hurt anybody, and so they are overlooked. Why, then, is the DOJ going after file sharers?
Isn't this a fucking democracy? Why is the majority submitting to laws made by the whims of the same companies that release O-Town records and other toxins into the environment? Why am I the only one sending daily letters to his Senator, that Clinton bitch, begging for support for our digital lifestyle?
I don't want to go to jail for pirating the new Pearl Jam or Queens of the Stone Age albums. I bought them anyway, but since I didn't clean them from my WinMX serving directory, i'm technically abetting piracy. This laxness could get me 5 years in a federal "pump me in the ass" prison, and that is wrong. I don't think I deserve it. I don't think my crime is that bad. I don't think that I'm depriving anyone of actual property or actual money they might have actually made, and I don't think the majority would argue with me.
So why are we letting it happen?
Hey freaks: now you're ju
Don't get me wrong.. I think the movie and record comapnies should all jump off the highest building they own, but stranger things have happened when they start using their money and suing the average defensless Joe.
I figure they could state it in two different manners
1 - If you had the movie stored on your system and also had a p2p program of any type installed - they could say that sales losses where diretly effected by your sharing of the movie.
or
2 - They could state that if you copied the movie (especially if on DVD), and bypassed their.. umm.. 'security' measures, that you most likely shared that process with others. Thereby cutting into their profits.
Either way the movie and recording companies will continue to strong arm the public until the complete foundation falls apart at the seems. And when it does it will creat a mini-anarchy of a turning point in all of this.
Until then, I suggest that we continue to fight and argue and hold on tight for the ride.
Never try to beat a professional at his own game!
This quote from the anti-piracy PSAs in movie theatres article is way to save the children for my taste:
"downloading movies instead of buying a ticket or a video would hurt the industry's behind-the-scenes workers, including makeup artists and custodians"
Now I am not advocating theft of their property - what I am upset about is the rampant attempts by media to skew your opinions on a subject with emotional connections. Iknow I know... its *always* been happening - but these days it is so much worse than it ever was before - as the causes that the media is used to convey information for are more and more plastic and manufactured.
the media is continually trying to sway public opinion through emotional manipulation. Putting you in a position where if you dont agree with the opinion or dont have the emotions they want you to then you're automatically a terrorist - or hate the children etc....
(I know I am not articulating this as well as I would like... but I think that you get the point) I am just so tired of the slant that is put on all the information out there. Is there no place that I can get information - generic and straight forward without the emotinal buzzwords and hyperbole??
"Apparently some theaters are consenting to run anti-piracy ads before movies."
My city's big theater already has a poster on their ticket booths saying 'Pirates Not Allowed...blah blah blah...MPAA' with a picture of a pirate.
Our plan is to go into the theater with a video camera and one of us dressed as a pirate and yell out "Arrr...thats discrimation".
Hehe...just something to do to toy with those coporate bitches.
forget it.
Was anyone else a little miffed at the chart to the right of the Washington Post article which seemed to imply that increasing blank CD sales were the cause of the leveling off of CD sales? Could it *possibly* be that blank CD sales rose so much higher because blank CD's were being sold at commodity prices? Now a good number of those blanks may very well have been for pirating, but I'll bet a good number of them were for software backups, saving personal photos, and other legitimate uses.
Music CD's, OTOH, have remained at the same stinking price (for the most part) for the last 5 years. Want to sell more of something when the demand/market share ISN'T increasing? Do you want to actually slow piracy? Charge a reasonable amount for a product that's in LESS demand! These guys just can't seem to understand that the CD buying market itself is not the same as it was 25 years ago -- thers is just too much supply for the demand.
Hmmm, I hope someone puts it up on KaZaa or else I might never see it....
I know this has been pointed out before, but isn't the whole point that they go after copyright infringers and not the software makers that produce napster and kazaa?
Now, granted, they are doing both. But we can't bitch when the government is going to prosecute the people who are infringing on copyrights. Just because the RIAA is involved, and the term DMCA has been used, does not mean that what is going on is wrong. Say what you will about "but the RIAA is EVIL!", it doesn't make infridging on their copyrights right (as in anywhere close to legal), and they and the justice department has every right to take people who do to court.
Now, you may also have issues about current copyright law. Granted, it isn't very good, but if you want the copyright law changed then bitch about the copyright law to your congressmen or representative. Don't take a stand on this issue, as far as they are concerned everyone who trades music on the net is a criminal, and you can do nothing about that. Convince them that the copyright law is way to long, many of our problems would go away if we could reduce it to something sane like 10-15 years.
And for all of those "we'll make a better system based on trust to trade music files" but don't want to play the political game, you are idiots. Who do you think they are going to prosecute? You and everyone else who uses that system. The only fight we have is in politics, there is no technical solution to this problem. As much as you would like to think you'll win this battle whipping up some code in C, you are going to find there is nothing you can code that will keep the handcuffs off of your hands.
</rant>
" Chernin argued that piracy will not only hurt creators of original content but also consumers if movie studios lose so many ticket sales that they begin cutting expenses. He said online piracy does not seem to have the same stigma as shoplifting.
m l
Chernin also decried efforts to download copies of the latest Star Wars installment. About 10 million people tried to download "Star Wars: Episode II -- Attack of the Clones" and "Spider-Man" in the weekend after its release, and 4 million succeeded, he said. "
It just struck me as odd that the two movies the guy is talking about made just a little bit of money. from http://movies.yahoo.com/boxoffice-alltime/rank.ht
#5 Spider-Man $403,820,726
#13 Star Wars: Episode II - Attack of the Clones $298,843,836
At different points in the United States, the majority also thought that Women shouldn't be able to vote. Not too long later, a majority of the US thought that segregation was legal, and that discrimination was fine. However, the governemnt stepped in and determined that, in these cases (and many, many more) the majority of the US was wrong. We live in a democracy, but we are not ruled by a mob.
In other words, we listen to the majority but protect the individual from that same majority. We have copyright laws for a good reason, and they should be protected.
Moderation: Put your hand inside the puppet head!
In related news the RIAA has begun a lawsuit against anyone with the sensory organs known as 'ears' and the throat muscles and tissue responsible for sound creation (refered to herein in as the 'voice box').
This combination allows millions to 'listen' to any music and then replay it back by 'singing' the song. This will allow thousands to hear songs without purchasing them. The ramifications on the CD industry by these criminals is completely real, and must be stopped, according to the RIAA.
The lawsuit is believed to exclude deaf-mutes, though they are being examined for the ability to feel vibrations and possible replay them by tapping the rythm out on any surface available.
Yeah, but the Crossroads with Ralph Macchio (Karate Kid) is pretty cool. It's definitely worth more than the Crossroads with Britney.
...
... GRrrrrrrr!" Valenti's ivory golf clubs and matching bath towels.
...)
BTW, this is off-topic, but
Today is a sad day. My Oscar Goldman action figure with the exploding briefcase finally tumbled from my computer. Oscar hit his head. The head cracked.
The briefcase still explodes, though.
Steve Austin, who for 26 years always rode shotgun with Oscar Goldman, has now moved two inches to the right on my "bionic" shelf in order to fill the space that Oscar left. I've still got the Jamie Sommers action figure, the Bionic Transport and Repair Station, and the Maskatron figure. (Although Maskatron has lost his mask.)
Anyway, if you don't know Oscar Goldamn and his exploding briefcase, you're too young.
Now, for something on-topic:
The obvious question -- if this NET act is the law that puts 14 and 15 year olds in the super-high security, DEFCON 1 lockups in Colorado and Illinois for swapping N'Sync and Britney -- is how, exactly, is the $1000 figure calculated?
I'm sure a case could made that each song on each CD -- on the millions of CDs -- are actually worth in excess of one thousand dollars -- each! -- due to distribution costs, royalty payments, hotel bills for executives, Hilary Rosen's swank house in the Hamptons (the price for which has surely been amortized over the millions of Britney CDs littering the land), and MPAA Jack "Maddog
(And no, I have no idea if Hillary has a house in the Hamptons or Maddog Jack has ivory golf clubs
No Electronic Theft Act. Ok.
Here's the definition of theft:
\Theft\, n. [OE. thefte, AS. [thorn]i['e]f[eth]e, [thorn][=y]f[eth]e, [thorn]e['o]f[eth]e. See Thief.] 1. (Law) The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny.
Note: To constitute theft there must be a taking without the owner's consent, and it must be unlawful or felonious; every part of the property stolen must be removed, however slightly, from its former position ; and it must be, at least momentarily, in the complete possession of the thief. See Larceny, and the Note under Robbery.
Emphasis mine. That should be easy; no file sharing programs remove files from RIAA hard drives. Problem solved!
For those that just want to avoid the p2p networks, and instead serve their collection to themselves and to their friends, I humbly offer my software Andromeda, which can be used to stream MP3's and other files. It runs on a web server with PHP or ASP, and works on Windows, Linux, and Mac OS X. If you want to control your own media archive, it might do the trick.
Here's what I do: Bitty Browser & Andromeda
After all, these are not a bunch of fat cats we're talking about -- piracy now threatens the livelihood of the rank and file workers of Hollywood. After all, the movie studios are having a terrible year, right?
Yeah! After all, we ALL know that it's OK to steal from people if they have more money than you. The bastards!
If you're going to make a point about whether something is right or wrong, it doesn't help your case to bring out irrelevent facts about how rich someone is. Right is right, and wrong is wrong.
Sometimes it's best to just let stupid people be stupid.
I guess going after the WorldCom and Enron executives who
....
perpetrated massive fraud and theft on their shareholders,
employees, and customers is just too hard for the DOJ. It's
much easier to surf the internet for tunes, subpoena an ISP for
personal records (thereby avoiding doing any work), and bust a
14 year-old kid who can't afford a new CD since his Dad was
was swindled out of his job and pension by the economic
damage resulting from widespread, unprosecuted corporate fraud.
A troll?
Moderation in everything, including moderation.
I know everyone's got a point of view on this matter, ranging from "all information should be free at birth" to "all information should be controlled and tolled".
My view is best expressed by first clearing up the confusion about nomenclature.
"Copyright"
I think Fair Use includes the ability to make copies, so I don't buy Jack Valenti's argument that making a copy of a DVD is, or should be, illegal.
Also, there are too many cases where the free flow of information can be unduly inhibited by onerous technical burdens just to protect the current business models of RIAA and MPAA members.
I think they should rename the concept "CopyCharge".
Owners of the current copyrights should have the exclusive right to distribute for charge.
Of course that includes money. But also, in all fairness, I think it should include Napster-like barter exchanges where "if I give you access to X copyrighted material then you give me access to Y copyrighted material".
I think everyone should respect copyright ownership in that way.
Thus, I don't have any problems with them prosecuting people who actually distribute copies of material for compensation when they don't own the "copycharge" right.
I do have a problem with heavy handed tactics where the flow of all digital information is restricted just because of some lawbreakers. It's just like crowbars. Yes, they can be used as burglary tools, but they're also quite useful in many other circumstances.
Yes, please, by all means prosecute actual burglars. No, under no circumstances, should you outlaw tools. That's why I view NET as great, but other laws such as DMCA and CB.... as abominations.
"Provided by the management for your protection."
The Ten Commandments of the RIAA:
1. Thou shalt have no entertainment before me.
2. Thou shalt not make unto thee any device by which thou mighst render my copyright protection ineffective.
3. Thou shalt not take the name of Britney Spears in vain, for I will not hold him guiltless who disrespects her.
4. Honor Hilary Rosen and Jack Valenti, that thy days of entertaining thyself might be long and pleasurable.
5. Thou shalt not download MP3s.
6. Thou shalt pay inflated prices for thine CDs.
7. Thou shalt pay unto me a tax for the blank media which thou acquirest, compensating me for heathen pirates.
8. Thou shalst allow me to search thine computer at my fancy, to ensure that you are virgin from illicitude.
9. Thou shalt not covet thy neighbor's MP3 collection, lest ye be tempted to download MP3s from him.
10. Thou shalt not seek out alternatives to me, for I am the one true RIAA.
I pledge allegiance to the flag...
of the Corporate States of America...
They can not prove, unless they have hard evidence that you have been sharing those files with others, therefor you are only liable for, what YOU have on your computer(s). Although with evidance, you could very well be liable for up to: 5 years. Doh.
What does this teach us, Load a small, simple OS; Load VMware. Load a second OS of choice in VMware. copy all p0rn, warez, divx, mp3's, etc to VMware, shutdown VMware - Encrypt. Boot VMware to RAM drive. Decript and play- when the door bell rings. kill the power. They see nothing but.... a large amount of encrypted data. They can't even see what the OS is.
www.oobersworld.com - For those that ride.
I honestly have to wonder whether the music industry paid to put propaganda on the front page of The Washington Post, because David Segal has been around long enough to know better than to write a piece like "A New Tactic in the Download War" (8/21/02).
Segal repeatedly points to falling sales of CDs and implies that piracy is the cause:
"The record labels have been spurred to action by figures they find terrifying: The number of 'units shipped' -- CDs sent to record stores or directly to consumers -- fell by more than 6 percent last year, and it's widely expected to fall 6 to 10 percent more by the end of 2002. Those drops are already hitting the industry hard. Labels are laying off employees, ditching artists, slashing budgets for tours and videos, and combing their back catalogues for reissues that cost almost nothing to release."
Yet he neglects to mention that every industry has been hit hard and is laying off people -- even the news media. If CD sales fell 6 percent last year, I'd say the music industry is doing extremely well, because the Dow Jones Industrial Average fell about 9 percent in that same period (including the post-9-11 recovery).
Segal goes on to say sales are "widely expected to fall 6 to 10 percent more by the end of 2002." Guess what? The Dow has fallen over 10 percent since the beginning of the year, on top of last year's 9 percent loss, and the economy is widely expected to get worse. Could it be that people are spending less money on trivial things like CDs because they have less money in their pockets? Or because their retirement savings have been wiped out? We would all like to be patriotic and buy an album a day, but one must have priorities. At least until CDs become edible and wholesome.
"There's evidence, though, that Americans are spending more time than ever listening to CDs," Segal continues.
What is Segal's evidence?
"Market surveys suggest that more blank CDs (CD-Rs) than recorded CDs are now sold in the United States."
Perhaps Segal could explain how an increase in CD-R sales constitutes evidence "that Americans are spending more time than ever listening to CDs."
CD-Rs are also facilitate fair-use activities. The 40-something who has just discovered CD-Rs decides to put his deteriorating record collection on CDs so he can listen to them for years to come. The 20-something creates a custom mix of his favorite songs from several CDs so he doesn't have to take his eyes off the road to change discs on his way to work.
CD-Rs are also used to archive data. We live in an age where the data repositories we depend on, from the computers in our homes to the physical documents in the World Trade Center, are no longer safe. They can disappear in an instant when anything from a software glitch to a terrorist attack occurs. It stands to reason that people look to the CD format to archive their tax documents, emails, family photos, scans of their kids' artwork and anything else that's important to them.
What mother couldn't turn up enough content to fill a spindle-full of CD-Rs a month? And as she realizes the potential for storing memories and documents, she begins to collect even more. She takes more digital photos and more video of her family. She starts scanning in old family photos and scanning the catalogues for a moderately-priced DVD-R burner because she needs more space.
CD-Rs are also quickly replacing the floppy disk. Floppy disks wear out, they are susceptible to magnetic fields, they don't mail very well, they're slow, and they only hold 1.4 megabytes of data. A DSL user can download 1.4 megabytes of data from the Internet faster than he can read 1.4 megabytes of data from his own floppy drive. CD-Rs will not wear out in your lifetime (unless you microwave them), they are impervious to magnetic fields, AOL has proven that you can transport them in many creative, inexpensive ways, they offer fast data transfer rates and they hold at least 650 megabytes of data. There is also evidence of a growing market for CD-Rs to be used as frisbees, travel mirrors, cetrifuge shrapnel and kid-safe Chinese throwing stars.
However, Segal's "evidence" proves nothing about American listening trends.
Segal also mentions the music industry's support of a bill that would make it legal to "impair the operation of peer-to-peer" networks and follows it up with a quote from RIAA chairwoman Hilary Rosen in which she announces that the industry has a "history" of being "generous with consumers," and that it is simply looking to enforce its existing rights.
Segal tries to present the appearance of a balanaced story by noting that the bill's "strategy has generated plenty of skepticism." This is true. However, the only skepticism he cites is the industry concern that "foolproof locks... don't exist in the digital realm."
He neglects to mention the larger concern: that the wording of the supported bill would make it legal for the music industry to attack any network it "suspects" may contain pirated files. It allows big business to engage in unrestrained vigilante justice on the digital frontier with the kind of attacks that have brought down major Internet services like Yahoo and ETrade in the past. These attacks are currently federal crimes, for good reason. The bill would give the music industry the legal authority to shut down any service on the Internet indefinitely, without a court order or subsequent review. The Washington Post may want to bear this in mind the next time it publishes an unfavorable review of a music album.
This shoddy journalism smacks of the kind of factually incorrect propaganda corporations distribute in their press releases.
Segal's article fits well with the music industry's propaganda campaign. At a time when the bill is being considered in Congress, a front-page story in the only Washington paper that ends up in every Congressman and Senator's office highlighting the alleged need for legislation to save the industry and combat lawlessness is worth its weight in gold.
I find it exceptionally difficult to believe that the music industry could "buy" this story. I also find it hard to believe that a seasoned reporter like Segal could be lazy enough to write this article and that a front-page story would not undergo the scrutiny necessary to uncover its deep holes and steep slant. The most plausible explanation I can find is that The Post is so genuinely concerned about the implications of the bill it wants to secure its place on the industry's alleged "generous" side.
Then I wanted to move some DVDs into a form I could actually watch on a plane (pda), cause my laptop screen is too big for cattle class and I find that even owning such a tool would make me a felon...
And now I reflect on how the DoJ wants to make these bold statements, but when it comes to protecting me from
1) having my software cracked and put up on a foreign site (along with a lot of other victims)
2) having my 401K raped (actually I don't invest in tech, but I still got nailed due to overall market misery)
they could care less about me or any other average citizen other than when some entrenched interest thinks we need to have something else taken away from us.
I come to the sad conclusion that the government that governs me does not in any way shape or form represent me or my interests. It's getting worse every day, and the common consensus at this time from the system to the average slashdot reader is that we're criminals, and anything done to us is perfectly fine, but anything we do is inherently bad.
Methinks the time for massive digital civil disobediance is upon us. Since we're all already guilty before the fact, since it's perfectly OK to assume we're bad and act accordingly with zero proof, who the hell wants to be hung for a sheep. Time to be a wolf, I say.
Yeah, I was one of the "thieves" that downloaded Attack of the Clones the day after its release, denying the movie industry of its precious profits.
Oops! I forgot to mention that I waited in line 3 hours to see it on opening midnight, and that I saw it 3 more times, including once on a digital screen. That's $40 for tickets (NYC prices). Yeah, MPAA, that download was one hell of a "lost sale."
Let's get drunk and delete production data!
copyright laws don't fall into the category of laws you are describing (laws which were created to protect individuals from the majority mob).
Copyright laws were put in place purely and simply for the good of the public.
Lord Macaulay, in his famous 1841 speech before the house of commons, succinctly summarized the reasoning behind copyright laws in the English speaking world:
The advantages arising from a system of copyright are obvious. It is desirable that we should have a supply of good books; we cannot have such a supply unless men of letters are liberally remunerated; and the least objectionable way of remunerating them is by means of copyright.
The preamble of Article 1, Section 8 of the US constitution also states the purpose of the copyright and patent powers (if not their scope):
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;
Copyright does not protect authors, it creates a bargain between the public and authors whereby the public refrains for a period from unlicensed copying his works in return for his producing those works. The idea of natural rights to intellectual property have been around for some time, but they are not the basis of copyright, nor have they ever carried much weight until now.
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
What happens when someone finally builds a machine that allows you to duplicate simple objects?
We will we not allow a device this fantastic to exist?
That would suck.
MjM
I never mod down...
XKCD:Xeric Knowledge Comically Dispen
I wish there was some kind of P2P network to only offer legal content, so that I'd be able to stay away from the crud promoted by the RIAA and its partners. Imagine being able to download gigabytes of completely legal music, which is already available out there but not so easy to find - or tell apart from the mainstream music. If you have a thousand hours of music, are you still really compelled to buy Britney's latest?
I'm suprised they didn't link to this article:
http://news.com.com/2100-1023-954651.html
"The vast potential of broadband has so far benefited nobody as clearly as it's benefited downloaders of pornography and pirates of digital content"
Chernin, the president of the owner of the Fox corporation, decries the Net's lack of morals. Isn't that delicious?
"The truth is that anyone unwilling to condemn outright theft by digital means is either amoral or wholly self-serving."
Irony meter going off the scale!
Make no mistake about it, this is a culture war with trillions of dollars at stake. It is becoming more and more clear that Hollywood isn't just being greedy, they actively hate and fear the Internet. They would destroy everything we have built rather than adapt to reality.