RIAA Now Targeting Retailers

merodach writes "According to this story on Headlinenews.com the RIAA is now targeting retailers in it's 'war on piracy.' I think everyone will agree this is something that should be done if the retailer is deliberately pirating. The thing I wonder about in hearing this news is how many of the retailers include used copy stores. With the way the RIAA and some artists *cough*Garth Brooks*cough* have labeled these stores as pirates and theives in the past it seems likely they would be the biggest targets. Have any in the /. crowd actually seen one of the letters sent or know how many of the targeted businesses are used stores? Further - how would the RIAA know how much to demand in 'settlement fees' and is it possible these are being used to shut down the mom-and-pop outfits that trade in used CDs?"

Comments

Used CD/DVD stores in Chicago

[Anonymous Coward]

I live in Chicago. Recently they've passed legislation that says anyone who operates a used CD or DVD shop has to take personally-identifiable information from each customer when making a purchase. I've heard that such personally-identifiable information could even go up to SSN or photograph at purchase. I heard this from the owner of a used DVD shop.

Anyone have details about this? I can't find anything on google. Who is the "they?" Is this Illinois law, or Chicago or Cook County? Is this even true that I would have to have my photo and SSN taken when I buy a used DVD? Are the RIAA and MPAA behind this? What the hell is going on?

Re:Used CD/DVD stores in Chicago

[HeschelsGyrus]

I haven't heard of any legislation to that effect, but when I was a clerk at a primarily used CD store a while back (like 8 years ago), we had the policy of taking down personal information of anyone who sold more than $100 worth of CDs to the store. That info was linked to a list of the CDs that were sold, and filed. This was just in case the CDs turned out to be stolen, and the police *frequently* came by to ask us about a batch of stolen CDs. Not surprisingly, people also frequently refused to provide us with that info.

So I'm guessing that the law in Chicago (if there really is such a law) has more to do with burglary than with IP violations. Aren't Pawn shops required to keep similar logs?

Declining sales ?

[sh0rtie]

of course their declining record sales have nothing to do with the public is now fed up of mass marketed pop music where record contracts are won not by original musical talent and song writing , but by nieve and desperate individuals in f***ing competitions while real talent falls into the gutter, leaving a trail of destruction in its path while the instigators get rich.

The only thing killing music is not kids downloading mp3's or pirating dvds at market stalls ,but by the industry itself, kids are simply getting ripped off by these marketing/record companies and have just started to realise globally they are being taken for idiots

why is it that so many companies have so much contempt for their customers and choose to be greedy instead of actually concentrating on superior products ?

Re:WalMart

[LinuxInDallas]

Sorry, but I just don't buy it. If you buy a product and are not happy with it then stores should allow you to return it for a refund. It's that way with any other item, it should also be that way with software and music.

There is a lot of hype that gets thrown our way to purchase particular music and software titles. The marketing drones try everything to convince us that something is great and that we must buy it. I say then that they should stand behind their product and offer a refund if it truly doesn't live up to your expectation. Would this get abused by some? Sure. Do I care? Not really. If they want my money then they can earn it.

Re:Don't forget duplicity!

[LostCluster]

Nope, it's what the press release was designed to do.

CNN reported that there were 421 burners involved. CNN was wrong. There were 156.

The RIAA's press release used "new accounting math" to turn the 156 actual units into the equal of 421 units of "normal speed" drives, whatever speed the RIAA felt like was normal. CNN took the funny number and reported it with standard units, therefore making the public thinking the operation was close to triple the size it really was.

Re:Corner sandwich shop ripping off poor music exe

[FredGray]

Tell the people who run Geraldi's - as well as the owners of other local stores - to get into the local music scene in your city, and to buy the CDs of unsigned local musicians. Tell them to talk with the musicians and get their approval and blessing to play their music in those local stores and restaurants.

To add to this advice: remember that the ASCAP and BMI licenses are in principle for the songwriters, not the performers. You'll have to be very careful not to play anything that's even remotely close to a cover of a copyrighted song.

Re:up next - shrink wrap licenses for CD's...

[seaan]

Actually, if it was done in the way you described, this would fail. A book publisher tried doing this about 100 years ago, and the case established the doctrine of "first sale". The publisher tried to control resale of the book (using something very much like a shrinkwrap license).

The courts ruled, to simplify, that the normal terms of copyright were more powerful than the attempted contract. The purchase of a book (or in your example, a CD) is a copyright transactions, and is subject to the rules of copyright.

So does this mean we have nothing to fear? No, here is what they can do instead. They create a CD with some type of limit against reproduction and/or resale (I don't quite know how they would do the last, perhaps burn a computer system ID onto the disc). The protection does not have to be foolproof, just good enough to meet the legal definition of "effective".

Once they have done that, it would be illegal (thanks to the DMCA) for you to circumvent the protection. That is precisely why the companies want to push "copy protected" CDs, because it allows them to use the full force of the DMCA to limit your actions and presumably make them more money (by giving them more power).