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RIAA, MPAA Instigate U.S. Naval Academy Raid

LaikaVirgin writes "After receiving a letter from 'four entertainment-based lobbying associations', the U.S. Naval Academy has seized nearly 100 midshipmen's computers that allegedly had pirated media. It's good to see that the armed forces know who's really in charge."

51 of 360 comments (clear)

  1. Music? by T-Kir · · Score: 5, Funny

    Maybe they we're bugged 'cos of all the illegal copies of "In The Navy" by YMCA ;)

    --
    Are you local? There's nothing for you here!
    1. Re:Music? by T-Kir · · Score: 3, Informative

      Doh! Think before you post! "In The Navy" by The Village People, not YMCA... must be my day for stoopidity.

      --
      Are you local? There's nothing for you here!
    2. Re:Music? by Jucius+Maximus · · Score: 5, Interesting
      ""`Theft' is a harsh word, but that it is, pure and simple," the letter stated. "... It is no different from walking into the campus bookstore and in a clandestine manner walking out with a textbook without paying for it.""

      Aside from the clear lack of logic in this statement, it is interesting to note that the RIAA has enough sense to not call it 'piracy' when they are talking to the Navy.

      In reality, it's 'infringement of copyright' , not theft or piracy.

    3. Re:Music? by ahfoo · · Score: 3, Insightful

      In reality P2P is neither piracy or theft or copyright infringement.

    4. Re:Music? by Mike+Schiraldi · · Score: 5, Insightful

      It's not piracy because they're not raping and murdering on the high seas.

      It's not theft because there's no missing property.

      It is copyright infringement. But some would argue it falls under fair use.

    5. Re:Music? by Mad+Bad+Rabbit · · Score: 3, Insightful
      It's like going into the campus library whenever you need to read a book, rather than going to the bookstore. Or borrowing the book from your friend.


      No, it's like sneaking into the campus movie theatre or the amusement park without paying. Or jumping the turnstiles on the subway, so you can get a free ride without paying. It's about avoiding paying for something that cost someone else money to provide. How is that not theft of service, again?



      --
      >;k
    6. Re:Music? by Mike+Schiraldi · · Score: 3, Informative

      It's like sneaking into the campus movie theatre

      No, because you're taking up someone else's seat.

      or the amusement park without paying.

      No, because you're making the lines longer.

      Or jumping the turnstiles on the subway

      No, because you're making the subways more crowded and slightly heavier.

    7. Re:Music? by Mike+Schiraldi · · Score: 5, Insightful

      As soon as someone downloads music that they would have otherwise purchased, there is a theft of the money that would have been paid.

      I was going to go see a movie. A friend told me it sucked. I didn't go see it. Was that theft? Meets your definition.

      How about if i was going to buy a book, and a friend stopped me on the way to the bookstore to tell me that they already owned the book and could borrow it from them? Again meets your definition.

    8. Re:Music? by Mike+Schiraldi · · Score: 3, Interesting

      If you believe that borrowing books from the library is okay but listening to music on the Internet is wrong, where do you draw the line?

  2. IN SOVIET RUSSIA by trotski · · Score: 3, Funny

    The Navy would be raiding RIAA computer ;).

    Go ahead, I'll take the karma hit!

    --

    "Entropy is the bad-guy, and he is everywhere"
    1. Re:IN SOVIET RUSSIA by Stephen+VanDahm · · Score: 3

      "IN SOVIET RUSSIA ... The Navy would be raiding RIAA computer ;)."

      I'd pay good money to see that.

      "Knife to Variable: SEAL team 6 is in position...."

    2. Re:IN SOVIET RUSSIA by sam_handelman · · Score: 3, Insightful

      This whole affair just goes to prove one of the great truisms of post-soviet russia:
      "Everything they said about communism was a lie, but everything they said about capitalism is true."

      --
      The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
  3. Re:This is Farging War! by gt25500 · · Score: 3, Informative

    My buddy who just went to college was so psyched and then they locked the whole network down. No p2p or hosting of anysort... He can't even connect to my web server because it runs on port 81.

    so much for looking forward to college. All because of these bastard RIAA heads.

    --
    _________ Help me get a PSP!
  4. How? by marshac · · Score: 5, Interesting

    I really wonder how the academy was able to simple seize the computers. It said that the midshipmen were "given" a computer when the entered the academy, but paid back the value over time..... this would indicate that these computers were the property of the midshipmen. So unless they had a search warrant, how were they able to seize and search the computers?

    1. Re:How? by clark625 · · Score: 3, Insightful

      It might surprise you, but folks who have entered the armed services don't have rights. Seriously. I'm sure you've heard that so-and-so signed his life away to the Army? Well, what actually happened was that upon entering the service, the individual gave away his/her own rights to protect the rights of others.


      Sure, some people don't like this fact. But it's important that our military have clear understandings that they are not out on a joy-ride and they can't leave whenever they like. They are the property of the govenment and officers do have the authority to use deadly force on a soldier who won't obey orders (at least in time of war). If you're ever drafted, or you sign up for the service, you don't have the right anymore to complain about first ammendment violations and the like (except in protecting others' rights) because frankly, the Bill of Rights doesn't apply to you.

      --
      Long, cute, or funny Sigs are just another form of over compensation, used by geeks, nerdz, etc.
    2. Re:How? by TechDock · · Score: 3, Informative

      Actually, military folks do have rights, just not the same ones as civilians. The military population is subject to the Uniform Code of Military Justice (UCMJ).

      Given that, I suspect that the argument could be made that the computers don't actually belong to the midshipmen until after they graduate and the systems are fully paid off, and is government property until then. Any veterans out there that could offer more insight?

      --
      Dreamers, shapers, singers, makers... Elric, the Techno-Mage
    3. Re:How? by srmalloy · · Score: 3, Insightful
      Naval academy (and the armed forces in general) do not have the same constutional rights while on gov't property / in their facilities as other citizens. They cannot make disparaging remarks about politicians, and other such things we take for granted.

      Small point: Military personnel may not make disparaging remarks about politicians, the government, or superior officers in any situation where those remarks may become public knowledge. Bitching about the crap that's been dumped on you, the idiot ninety-day wonder in command of your unit (who couldn't pour piss out of his boot if the instructions were written on the heel), the circus at Fort Fumble (aka the Pentagon), and the rest of Dreamland-on-the-Potomac is a long-standing tradition in the military. But that's all private, inside the family, and stays outside the performance of your duty; they'll come down on you for letting it out in public, and God help you if you actually address your remarks to a member of the media...
  5. Arrr! by duckpoopy · · Score: 5, Funny

    I always knew the Navy was full of pirates.

    --
    word.
  6. Having gone to a military academy... by aluminumcube · · Score: 4, Interesting
    I can't imagine being dumb enough to use a school issued computer, on a school run network to do anything even remotly wrong. That would be in defiance of the #1 rule any military academy cadet should know, the very rule to end all rules: Don't Get Caught.

    Think about it; military schools are places where they punish you harshly for dumb shit, like not having the back of your belt buckle shined or having your underwear folded 4" across instead of 6". It doesn't take a rocket scientist to figure out that breaking a real law in such an environment is going to be met with harsh consequences... no matter how dumb that law is.

  7. The Future of Warfare by Nastard · · Score: 5, Funny

    How long before we start to see corporate sponsership of our armed forces? Ideas like "Apple Navy", "AOL/Time-Warner Air Force" and "Dell Army" are becoming less outlandish.

    On the plus side, the marketing would be interesting.

    "...and the F-16 was all like beepbeepbeep..."

    1. Re:The Future of Warfare by fungus · · Score: 5, Funny

      Halliburton Air Farce? "This news report on Iraq is brought to you by... Shell! Shell, for a clean and affordable energy source."

  8. The RIAA and MPAA by I_redwolf · · Score: 5, Insightful

    Just put an end to their whole propoganda "we are going to get everyone and prosecute to the fullest extent of the law" shit. If there is one thing on earth you don't fuck with its people with the power to make it very difficult for you to operate. The US Naval Academy (as well as other military institutions) has stronger ties to business, schools and government than the RIAA/MPAA/etc/etc could ever dream of. These are the people that have strong influential power when it comes to basically anything regarding basically anything. Not only that but these institutions harbor great ill-will to anyone threatening the "future of our country" over something they'll see as extremely "trivial".

    Also, once you piss one military institution off unless it's a battle between divisions (army vs navy etc) then none of them like you. I can already see alot of top brass talking about these Lobbying institutions especially since Thanksgiving is coming up. The word will spread and friends of friends, families who have made service life a career will hear about this. It will spread to public servants etc and this one action seriously just damaged any pull the RIAA/MPAA/NMPA and the Songwriters Guild had with government. Especially considering the state of affairs on the table now. Not only that but the owners of the equipment that was seized will truly remember this especially if they get article 15's as well as not knowing if you're fucking with the next (insert influential power here) or if one of those young men/women has a father/mother/aunt/uncle who happens to be a congressman or senator or what have you.

    1. Re:The RIAA and MPAA by I_redwolf · · Score: 3, Interesting

      Doesn't matter, midshipmen aren't midshipmen forever. Also these midshipmen are at risk of being booted out of even having a Naval career. Do you honestly think that top brass will allow that? Where do the majority of these midshipmen go after the USNA? Do you think a commander likes having to raid his own students? If they have to boot 100 students in one fell swoop what do you think the outcry would be? What do you think retention would say? Sure these organizations might have enough power to do something like that to you as a citizen. That's not so with the gov't and even though they'll follow the law; the law will be changed or forged primarily in their own interest.

      Answer those questions and then you'll see how bad of a position those organizations just put themselves in. Especially considering these midshipmen might get the boot; World War Vets will probably jump outta their fucking graves.

    2. Re:The RIAA and MPAA by elmegil · · Score: 3, Interesting

      Yes, I honestly think the brass will let these midshipmen get kicked out, because they were violating the law. Doesn't mean I agree with the law, but I am under no illusions that the brass will want to protect people who have made them look bad.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  9. Industry finally sees the light... by djmurdoch · · Score: 4, Funny

    Some of the recording industry's biggest stars, such as Madonna, Mick Jagger and Eminem, have joined coalitions to combat the wholesale theft of music. The industry claims this threatens the livelihood of everyone from artists, songwriters and manufacturers to sound engineers and record-store owners and clerks.

    Finally the industry realizes that these thuggish tactics are going to hurt their sales :-).

    1. Re:Industry finally sees the light... by sql*kitten · · Score: 3, Interesting

      Some of the recording industry's biggest stars, such as Madonna, Mick Jagger and Eminem, have joined coalitions to combat the wholesale theft of music.

      Eminem who says download the audio on MP3 you mean?

  10. Code of Honor by the+eric+conspiracy · · Score: 5, Insightful

    The military academies have a very strict code of honor. For a midshipman to be caught with something like pirated music would probably result in summary dismissal from the academy.

    Evidence presented by the RIAA that midshipmen were engaging in illegal activites like this would really cause the administration of Annapolis to investigate quite carefully, and be VERY upset if this sort of thing was going on.

    I feel sorry for these people - if they are caught with pirated music, their careers at the Naval academy are done.

    1. Re:Code of Honor by Dolly_Llama · · Score: 5, Interesting
      It's nice to think that the mystique of the service academies still lives.

      In my plebe year at USNA 98-99, Napster was HUGE. Not only that, but exchange through the magic of the 'Network Neighborhood' made the accumulation of huge mp3 libraries trivial. Two problems: 1) Plebes arent allowed to listen to music, so we had to do it on the DL. 2) Our computers came with a 6GB HD and on the $50/month I was making, no upgrades. Since CDR was rarer back then, there were guys actually making money by burning CDs for $5 with either CD tracks or chock full of mp3.

      Moral of the story: Don't think that the administration is only now learning of p2p and its questionable legality. It's been at USNA as it as been at every other college campus.

      --

      Somewhere, something incredible is waiting to be known. -- Carl Sagan

  11. Well La Dee Da by blandthrax · · Score: 3, Insightful

    Some of the recording industry's biggest stars, such as Madonna, Mick Jagger and Eminem, have joined coalitions to combat the wholesale theft of music. The industry claims this threatens the livelihood of everyone from artists, songwriters and manufacturers to sound engineers and record-store owners and clerks.

    I feel for these people, I really do. I say we set up a Paypal account to help keep Mick, Madonna and Marshall (emineminem?) fed and clothed. Oh sure, take me to task on this but honestly, shouldn't the RIAA present better examples than pampared, multimillionaire recording artists to make their case. I mean c'mon, Mick Jagger could never sell another record in his life and still live like a king, same with Madonna. This RIAA FUD is preposterous. These people can afford to buy their records, I can't and neither can a lot of people I know, that's just the sad reality of things right now. So I'm a thief, well I guess that's just a matter of perspective isn't it?

  12. The DoD recent;y barred Powerpoint by gelfling · · Score: 4, Funny

    In the Pentagon, it became so common for the chart jockies to put together such enormous PPTs that brought down the internal networks at the Pentagon just shipping the PPTs around to the audience that the Brass had to ban/restrict its use. It was common for even the most ordinary presentation to contain movies, sounds sub programs, shooting stars.... Presentations typically ran to the multi-hundred megabytes.

    I guess what I'm getting at is the DoD has a culture of extreme presentation and content bloat for no good reason. Seems to me that the upper management tacitly approves of massive media collection and sharing.

  13. This is more serious than you think... by DavidBrown · · Score: 5, Informative

    Forget all of the debate here on /. about whether or not copying copyrighted material is theft. For these 100 midshipmen, the real question is whether or not the Naval Academy will consider their acts as "theft" and charge them with violating the Honor Concept.

    Naval Academy Midshipmen serve under an Honor Concept, which states:

    "A midshipman does not lie, cheat, or steal."

    Penalties for violating the Honor Concept include: reprimand, being sent to the fleet for a year (and maybe being allowed to come back), and getting thrown out of the Naval Academy.

    Hopefully, the Honor Board won't get involved and these midshipmen will be subjected to only administrative discipline (loss of weekend liberty for a period of time, etc.).

    You can count on one thing though - Everyone at the Naval Academy will get lectured on how they can't illegally duplicate copywritten material, and the next midshipmen who get caught won't get off so easily.

    IAAUSNAG - I am a United States Naval Academy Graduate

    --
    144l. ph34r my 133t l3g4l 5k1lz!
  14. RIAA: Big brother of the Artist by Gyorg_Lavode · · Score: 5, Funny

    Remember, only the RIAA is allowed to steal from needy artists. May God help anyone else who tries.

    --
    I do security
  15. What were they THINKING! by Chanc_Gorkon · · Score: 3, Interesting

    I mean honestly, they were using what is essentially a government network even if it was their own machine. The midshipmen were stupid. I am surprised that their superiors did not catch it before the RIAA did.

    --

    Gorkman

  16. My **AA fights... by rosewood · · Score: 5, Interesting

    Sigh, let me take a page from my journal from this week. The **AA's influence on Universities is fucking sick. Pardon the language, I was absolutely angered.

    God fucking damn it. So I was given a fairly simple assignment in my 160G Music Appriciation class. I have to listen to Verdi's Rigoletto and write some shit about it. Well, I fucking love Rigoletto but the only copy I have is at my mom's house on an LP.

    So, I figure the internet will help me. So, I fireup ol kazaa lite. I do a search for Rigoletto and find exactly what I want. So, I start to download. I am getting literally HUNDREDS of BYTES per second. Mother FUCKER. So, I let kazaa do its magic and its downloading from 4 people and all at ass speeds. I message one of the people I am downloading from and he says he is on a company T1 line and has great speeds. So, I am being raped by my university.

    Well, I call up the communications people. I tell them whats up and they say its illegal for me to download music from kazaa and that if I don't stop they will take away my connection. I told him the hell it is, Verdi's Rigoletto has been in the public domain for hundred + years and that is bullshit. He hung up on me after I said bullshit. I called back and got the same guy. I asked for his supervisor and the supervisor told me using kazaa was against campus policy. I asked him to point it out to me and he told me that I can not download copyrighted materials. I said fine, this is not a copyrighted material, so give me my bandwidth. He told me I was just SOL. They kept asking for my room # but I refused. The last thing I need is them trying to cut my fucking connection off.

    God damn bastards.

    1. Re:My **AA fights... by jdkincad · · Score: 3, Insightful

      You're mistaken, the piece is copyrighted. The score itself isn't, but the recording of whatever ensemble was playing it is copyrighted.

      --
      The great advantage of having a reputation for being stupid: People are less suspicious of you.
  17. Damned if you do by overshoot · · Score: 5, Insightful
    This was so amazingly un-smart for everyone involved that I'm utterly stunned.
    • As others have noted, the middies had to have been smoking something to put anything on P2P from the Academy.
    • The Academy just qualified for the Pearl Harbor Memorial Security Award by actually having an wide-open network.
    • The Content Cartel just caused an entire year's worth of middies to get flushed down the tubes. People Who Count won't forget what this particular witch-hunt cost.
    In the long run, this cost the Cartel so much good-will that it will take freaking million$ in bribes^Wcampaign contributions to repair the damage.
    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  18. Burdon of proof? by 3-State+Bit · · Score: 5, Interesting

    I have legally bought every one of the full-length CD's, ripped at 196 kbps, sitting on my hard-drive. I'm at college and did not bring with me the physical compact disks on which I originally bought the content.

    Am I a pirate? Is it up to me to prove that I'm not? ("Show me the original CDs" -- maybe when you replace scratched ones at production-cost...until then, why should I hang on to broken stuff?)

    I dunno', maybe this digital-rights-management stuff isn't so bad -- it lets me prove that what's mine is mine.

    Also, with DRM I can by doctrine of first-sale (which says that you can't impose limitations on what I do with a CD once I've bought it, including restrictions on who I resell the whole package to) says that I can buy someone's scratched CD "virtually" at half.com, and then, owning that CD, I have fair-use rights to the content on it.

    Conversely, I can virtually sell the CD when I'm done listening to it. The Internet allows for instant transfer of virtual-property, so really there only need to be as many licenses floating around as concurrent listeners. It's like a superfast transfer of the physical compact disk -- if we had teleportation, and CD's that didn't scratch, we could have a communal pile of CD's, which you'd tele-take whenever you want to listen to them and tele-return whenever you're done. Only with "digital" rights and "virtual" property we do have teleportation of property. Interesting, interesting.

    Therefore, in conclusion, DRM advocates -- BRING IT ON!!!

    The sooner we have ubiquitous digital rights management, the sooner my audio software can play anything that exists in the world, by buying it at $4.04 when I begin to listen to it and selling it at $4.04 +/- 0.04 when I'm done.

    I'm sure it would only take a few pennies per hour of listening to finance the logistics of such an operation.

    So any reasons why this couldn't work?

  19. Why is Bush wasting all that money? by NewtonsLaw · · Score: 5, Funny

    Why is President Bush wasting all that money trying to track down and eliminate Bin Laden when he could simply report him to the RIAA for breaching their copyright.

    Clearly the RIAA has far more power at its disposal than the US military and although Bin Laden has managed to evade the united power of the armed services, he wouldn't stand a chance against the recording industry.

    Better still -- tell Hillary that Saddam has a huge collection of MP3s and boy-band CDs copied onto CDR. No need for a UN mandate, she'd be in and clean him out in no time!

    But what I *really* want to see is the RIAA conduct a raid on the IRS computers to look for copyright breaches.

    Now that would be great -- a real clash of the titans eh?

    The sad thing is that it's the every-day Joe who's paying for all these power-plays -- either through our CD purchases or our taxes.

    Couldn't they find something better to do with all this money?

  20. No Veterans in the /. community? by Old.UNIX.Nut · · Score: 5, Informative
    For those of you who have NEVER served in the Military I will clue you in.

    1) Soldiers fall under the UCMJ not the Constitution when it comes to legal rights.

    2) These Naval Academy students face being bounced out of there for violating the "code of conduct".

    3) Ragging on /. will NOT change the fact that the RIAA has the "current" law on their side.

    If you don't like the law, then become politically active and lobby for change instead of wining that you think it is wrong.

    "All battles are fought by scared men who'd rather be somewhere else." John Wayne

    1. Re:No Veterans in the /. community? by Froomkin · · Score: 3, Informative
      sayth the poster:
      Soldiers fall under the UCMJ not the Constitution when it comes to legal rights.

      Not so. The UCMJ is subject to the Constituition, including the bill of rights. Rostker v. Goldberg, 453 U.S. 57 (1981); Middendorf v. Henry, 425 U.S. 25 (1976). "[M]en and women in the Armed Forces do not leave constitutional safeguards and judicial protection behind when they enter military service." Weiss v. U.S. 510 U.S. 163, 194 (1994) (Justice Ginsburg, concurring). Indeed, many appeals from military courts on constitutional questions have been heard by the Supreme Court.

      Rather, the UCMJ arises from the Constitution giving Congress the power to define a military code of justice, U.S. Const. Art. I 8, cl. 14, which it has done. Congress chose to exempt the military from civilian rules of procedure and evidence but NOT basic Constitutional requirements of due process, right against forced self-incrimination etc. Indeed, as those rights are based in the Constitution, Congress lacks the power to write a UCMJ violating those rights.

      --

      I have a blog.

    2. Re:No Veterans in the /. community? by joshki · · Score: 5, Informative
      nope. sorry.
      cite all the cases you want, it doesn't change the fact that the UCMJ is not really subject to the constitution. Certain articles of the bill of rights are in the UCMJ, such as the right against self-incrimination at a court-martial.
      The problem is that you fail to understand the distinction between a court-martial and an article 15 hearing, which is what these young dumb-asses are going face. Article 15 hearings are not federal court cases, and as such are not subject to the constitution. The only thing that is limited is the punishment that can be handed down -- i.e. your CO can't sentence you to keel-hauling or flogging with a cat-o-nine-tails anymore. He can, however, summarily dismiss you from the military -- which is just as bad as far as these people are concerned. There are no rules -- if you try to request legal representation you will be pushed to rescind that request, as it will only make your punishment worse.

      I know -- I've been to an article 15 hearing (coloquially known as Captain's Mast in the Navy). You are guilty from the moment charges are filed -- nothing you say or do will change the outcome. Everything from that point on is based on trying to minimize the punishment you get for whatever you were accused of, guilty or not.

      --
      I do not read or respond to AC's. If you want a discussion, log in. Otherwise, don't waste your time.
    3. Re:No Veterans in the /. community? by Froomkin · · Score: 4, Informative
      I'm afraid that you are wrong as a matter of law: If you are denied due process rights at an Army art. 15 hearing -- e.g. ordered to incriminate yourself -- you have a federal case, and you'll win. What you don't understand is that the "process that is due" is much reduced in the military; which is probably as it should be. Nevertheless, it remains that case that the constitution applies at all times; it just happens that in the circumstances you mention the Constitution doesn't do much for you in a routine case; indeed you may not even have a right to go to court at all to correct routine error. In part this is because the courts have held that art. 15 punishements are "administrative" and not "criminal" in nature. Middendorf v. Henry, 425 U.S. at 31; Dumas v. U. S. 620 F.2d 247 (Ct.Cl. 1980).

      What the Constitution does is protect you against non-routine mistreatment: For example, suppose your CO orders you to convert to {fill in religion}, or penalizes you extra for a failure to pray. That's a First Amendment violation, and would be illegal even if military regulations permitted it (I'm sure they don't). Have a look at Weiss v. U.S.. The theory (right or wrong) is that if you wanted the additional constituitional protections that attach even to criminal prosecutions in military trials, you should have exercised your right to reject the art. 15 and demand a full court martial [a right that AFAIK exists for all military personnel except those serving on board ships at sea]. Yes, I understand that in practice the punishments get worse if you are seen to be wasting more people's time.

      As for the defendant's perception that all he has left to bargain for is the level of punishment, this isn't actually so different from the civilian system: prosecutors have so many more things they might do than they have time for, they tend to charge the ones they think are most guilty or serious. Unless you have something exculpatory the police missed, you're reduced to plea bargaining: which is just another form of "trying to minimize the punishment you get for whatever you were accused of, guilty or not."

      Note, however, that if you are caught red-handed it's ok to punish you more for failing to confess. That's done in the civilian courts (both by higher charges, since you didn't plea bargain, and by higher sentencing for 'failure to take responsibility'). I don't necessarily agree with that, but that's the law, and I can't see why it couldn't be done in the military.

      Now you are going to tell me that any idiot who thinks he can win such a federal case and have a military career afterwards has no sense. That's probably true, but that goes to the tendency of all organizations to retaliate against whistle-blowers, not what the rules say.

      Here's a (farily) simple rule: The US Constitution applies to everything the US government does, not just court cases. It applies to all three branches of government including the executive (which includes the military). But "due process" is not a one size fits all standard. Rather, it's the start of an inquiry, 'What process is due under these circumstances?'

      PS. I'm not a veteran. I'm a law professor.

      --

      I have a blog.

  21. Not that it's any surprise... by wandernotlost · · Score: 3, Insightful
    "`Theft' is a harsh word, but that it is, pure and simple," the letter stated. "... It is no different from walking into the campus bookstore and in a clandestine manner walking out with a textbook without paying for it."

    Not that it's any surprise around here, but this statement is a flat out lie. It would be one thing if the recording industry was engaging in a constructive debate somewhere, or at least sticking to facts, but instead they've chosen to deceive and lie to protect their way of doing business. Why can't our government recognize this and stop catering to this corruption? (I have a few ideas, but that's another story.)

    This is very different from "walking into the campus bookstore and in a clandestine manner walking out with a textbook without paying for it." For one thing, it's not very clandestine - or at least there's no specific effort to make it such. Secondly there is no tangible good being "walked out" with. A closer analogy would be walking into a campus bookstore (better yet, a friend's house), and reading a textbook without paying for it. But, of course, that wouldn't serve their interests. Obviously this isn't a clear-cut issue, but lying to the public to get their way is just disgusting, and displays a remarkable lack of integrity, IMO.

  22. riaa spying on the navy ? by jacquesm · · Score: 3, Insightful

    So, I think we can now safely conclude that the RIAA has an operation mounted inside the NAVY, how else do they know which computers to point out (I assume the NAVY has a little firewall, or are academy systems directly connected ?)

  23. You will not OWN it. by Kjella · · Score: 4, Insightful

    I'm almost about to consider it a troll, but I'd rather believe you've listened to a little bit too much newspeak.

    DRM may prove who owns what, but it will not matter. You will no longer "buy" or own any CD or DVD you have, despite owning the media it's on. It will simply be licenced, under the licence "negotiated" between the CD/DVD and your trusted computer. Most likely you'll get a EULA-clickthrough the first time you put it in your computer, if at all. It's not like you accept or decline the region restrictions on your DVDs either.

    And you can no longer ignore it, legal or illegal EULA, as your DRM hardware will enforce it on you with no way of circumventing it without committing a federal crime under the DMCA.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  24. In the Navy.....what else is there to do? by Anonymous Coward · · Score: 3, Interesting

    Geez....when I was in the Army (saw Bosnia, Kosovo, Kuwait, Egypt, etc) when I got to Kosovo in 2000 I found one of the computers in my area had over 10 gigs of MP3s on it!
    I defy ANYONE to go to ANY military base and NOT find at least 10 or machines with tons of MP3s on them.
    Oh, yeah, and when they do, I want them to PROVE that they were "illegally downloaded".
    You see, Uncle Sam is blocking p2p software AT THE BLOODY ROUTERS! YOU CAN'T USE FILE SHARING PROGRAMS AT ALL ON THE MILNET ANYMORE! And MP3s are put on the websense "kill list" so you can't even download them from the web either! They even blocked a anti-terrorism brief from us because the company that made it put it in MP3 format which we couldn't get through websense. Had to go through an unauthorized PROXY server to get it.
    Go figure. After the Kosovo 2000 debacle with the MP3s, Uncle Sam is starting to block that crap. At least at the Army level. Air Force and Navy are a whole different kettle of fish.
    I even RUN some of the networks the Army in Germany uses, and I can't get past it. The contractors that put the blocks in were pretty damn good at what they do.

  25. Dosn't everyone's computer have pirated content? by autopr0n · · Score: 3, Interesting

    I mean, the vast majority of people, anyway. I doubt I could find one person's computer on a collage campus that didn't have pirated content.

    The trick would be finding people who are distributing huge amounts of the stuff. In fact, I'm not even sure it's technically illegal to have pirated content.

    --
    autopr0n is like, down and stuff.
  26. Really? That's what it's like? by Anonymous Coward · · Score: 3, Funny

    "`Theft' is a harsh word, but that it is, pure and simple," the letter stated. "... It is no different from walking into the campus bookstore and in a clandestine manner walking out with a textbook without paying for it."

    Because I was thinking it was more like walking into the campus bookstore, reading a book, and leaving, maybe ocassionally coming back to re-read parts of it. I didn't realize that everytime I listen to a song on the Internet, that song disappears from existence.. no wonder music today sucks so bad.. I've been removing all the good stuff... damnit, how could I have been so stupid!

  27. Re:Music?-Accountability? by Anonymous Coward · · Score: 3, Informative

    You know what they say about people who represents themselves in a court of law? Glad I'm not you guys.

    Legal definition of property

    Copyright myths dispelled

    The actual law

    Fair use & copyright resourse at stanford

    More resourses pro & con

    Intellectual property

    I know people don't want to read and understand the above, but they certainly want to voice their opinion of the way it should be when the law comes after them. A little late IMHO.

  28. Re:Brace Up! by Bluesman · · Score: 3, Interesting

    This does the heart good to read all this stuff again. Hello to you fellow grads!

    When I was a midshipman, I ran an online web site that wasn't particularly favorable to USNA. It took the Commandant a year to figure out it was me, but when he did, I was threatened with a Court Martial if I didn't hand the site over to him so that it could become a legimate "Log" again.

    The reason it was against the rules for me to create such a site was that I was using the USNA network inappropriately. This of course, is a very broad rule and open to interpretation by the Commandant, and he interpreted in a way not favorable to my cause.

    Also having been one of the two midshipmen responsible for the computer systems and their various uses, did not help my argument.

    In any event, part of my job was to monitor the networks for mp3's and such, and we had to "crack down" a few times. It was always a slap on the wrist, especially when it was a group of midshipmen.

    If I had to guess, the Academy leadership wants to stop this activity once and for all, and this is a good way to make the mids scared of being kicked out.

    I was scared enough to give them back The Log, two days before graduation, when they gave me the choice.

    -Salty Sam '01

    IIRC the below site should still have the rules for the USNA network.

    MISLO Web Site

    --
    If moderation could change anything, it would be illegal.
  29. Re:Music?-Accountability? by shepd · · Score: 4, Interesting

    >Legal definition of property [lectlaw.com]

    Again, the non-physical definition refers to the actual right to call the item yours. ie: The right to put your name on a project. It is theft if I download an MP3 by the Beatles and rename it to say "By: shepd". However, I didn't see anything in there that says it's theft if I'm simply in posession of the unmodified MP3.

    >Copyright myths dispelled [templetons.com]

    Contains no references to "theft".

    >The actual law [cornell.edu]

    For the US. Outside, this is much more likely to be it. The original Berne convention mentions no references to theft. I don't know about this revision.

    Anyways, the last few aren't exactly legal help sites, so I'll say this:

    I think it still stands that downloading music from KaZaa is infact copyright violation, and not theft. But IANAL, so YMMV.

    >You know what they say about people who represents themselves in a court of law?

    An intelligent person? Too bad that technically most all courts in the US are now military courts (look for the gold-fringed flags), and in a military court you really do need help.

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC