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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?"

31 of 467 comments (clear)

  1. CNN tradition of misinformation continues by Anonymous Coward · · Score: 4, Insightful
    Yep, they couldn't let this article go by without this:
    Last week, Secret Service agents in New York arrested three men and seized 35,000 illegally copied music discs, 10,000 movies on DVD and 421 compact disc burners that are used to make the counterfeit products.
    Good to see CNN maintaining it's high standards in reporting.
  2. up next - shrink wrap licenses for CD's... by ruebarb · · Score: 4, Funny

    I can see it now....

    you have bought the new Britney Spears CD...congratulations on your excellent choice and fine musical selection...

    LEGALESE: - This CD may not be resold or reproduced in any matter...opening this CD certifies that you agree to this stipulation.

    ----

    and the legal warning will be on the inside of the CD...bastards..

    on the bright side, that should galvanize mainstream support against them...maybe only a small percentage download mp3's, but I'm willing to be a higher proportion of people use used mom and pop shops....if for no other reason then to acquire out of print material...shut those down and America will maybe open their eyes...

    of course...they do buy Britney Spears...how smart can they be...

    RB

    --

    ----------
    ah honey, we're all resplendent - Bill Mallonee
    1. Re:up next - shrink wrap licenses for CD's... by seaan · · Score: 4, Informative

      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).

  3. Re:FIRST POST! by realmolo · · Score: 5, Insightful

    Well, first the public has to know that there *is* an RIAA.

    The Slashdot crowd may be familiar with them, but I guarantee that 99% of the music-buying public has never even heard of them. And I'm sure the RIAA likes it that way.

  4. Used CD/DVD stores in Chicago by Anonymous Coward · · Score: 5, Informative
    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?

    1. Re:Used CD/DVD stores in Chicago by Anonymous Coward · · Score: 5, Insightful

      More than likely that law is just requiring the CD store to collect information about anyone they purchase CDs *from*, as opposed to collecting information about people they sell CDs *to*. It's been done in Canada (well, at least Ontario) for years.

      The intent is to dissuade CD stores from purchasing 200 CDs from an unknown source who "just happens to decide he doesn't like any of his collection anymore," as well as to stop thieves from getting rid of CDs in this manner.

      Some friends of mine had their house broken into and lost bunches of CDs and stereo equipment. The cops had a list of the stolen CDs which matched up nearly identically with a bunch of newly acquired CDs at a used CD store. The thief was caught because the store kept records of who they purchased CDs from.

      I haven't seen this Chicago law, though, so I could be blowing smoke...

    2. Re:Used CD/DVD stores in Chicago by HeschelsGyrus · · Score: 4, Informative

      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?

    3. Re:Used CD/DVD stores in Chicago by Fastolfe · · Score: 4, Interesting

      This is incorrect.

      In the US, it's illegal for the government to ask you for this information without a law stating they can, and they have to explain to you why they need it and quote the law authorizing it.

      None of this applies to the private world. A company is perfectly within their rights to ask you for your SSN as part of a transaction.

      But you're also perfectly within your rights to refuse. In many cases, it just means escellating to a manager to see why they'd need something like your SSN, and whether they could use something else instead. In other cases, it means walking out and taking your business elsewhere.

      Sometimes they just want a unique ID number and aren't smart enough to come up with something better than your SSN, and the clerks just don't know any better.

  5. hmm by serps · · Score: 4, Insightful

    Call me a cynic, but this is a handy opportunity to:

    • Get hard data about the stock levels of second-hand music stores (always useful)
    • Hassle the above music stores with compliance costs, eating into their bottom lines
    • Push for the removal/licensing/regulation of the secondary market in order to 'reduce piracy'.
    --
    "Einstein argued that [...] God is not capricious or arbitrary. No such faith comforts the software engineer." ~ Brooks
  6. Wait? by littlerubberfeet · · Score: 5, Interesting

    Those mom and pop stores are merely selling plastic and aluminium disks...They are not selling/ the rights to play those disks in a CD player.

    Now, if I remember correctly, 90% of record companies belong to the RIAA. What about the 10%? what gives the RIAA the right to pretend to represent that last 10%?

    --
    Sig (appended to the end of comments you post, 120 chars)
  7. WalMart by Audacious · · Score: 4, Interesting

    I went to WalMart the other day and was told by the manager that it was against the DMCA to allow returns or refunds of computer software and/or CDs.

    It took a while (and I had to go pretty far up the chain of command) to assure them that Congress never wrote "All businesses have to give refunds/returns except WalMart" in the DMCA.

    Something to be on the look-out for. :-/

    --
    Someone put a black hole in my pocket and now I'm broke. :-)
    1. Re:WalMart by LinuxInDallas · · Score: 4, Informative

      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.

  8. There is no mention of 'used' anywhere by rtstyk · · Score: 5, Insightful

    The article just talks about *counterfeit* copies.

    RTFA first.

    I think it's good they turn to something they can actually enforce. It's much easier to walk into Bob's Illegal CDs and bust the poor Bob than some dynamically assigned IP of a poor script kiddy.

    [sarcastick grin]Go RIAA[/sarcastic grin]

    --
    I hate the fact that you people don't salute me
  9. Please... by aardvarkjoe · · Score: 4, Insightful

    Could the speculation please be saved for the comments page? The blurb for the article is about 1/3 informative, and 2/3 wild speculation about how it's an evil attempt to shut down used music stores (even though the article said nothing about it.)

    --

    How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  10. RIAA! Get the Salvation Pirate Army!!! by teamhasnoi · · Score: 4, Funny
    There has never been a Salvation Army that has *not* had a box of PIRATED cassettes, CDs, software, and videos.

    I say Hillary should go on down to the Salvation Army and get into a fight with a drunk about whether or not he can buy those "New Kids on The Block" and "Menudo" cassettes.

    Maybe they'll take her in the back room and beat her head with a 40 Oz. 'till the white meat shows.

    Sigh...dare to dream...

  11. *sigh* by reaper20 · · Score: 5, Interesting

    Last week, Secret Service agents in New York arrested three men and seized 35,000 illegally copied music discs, 10,000 movies on DVD and 421 compact disc burners that are used to make the counterfeit products.

    I guess the "equivalent of 421 compact disc burners" has now officially become 421 compact disc burners.

    +1 for the RIAA spinmeister team.
    -1 for truth.

  12. Corner sandwich shop ripping off poor music execs by Rob+Cebollero · · Score: 5, Interesting
    What amazes me is just how granular the RIAA shakedown sweep has been.

    Just last week I went down to Geraldi's, my favorite local mom and pop sub shop (seating capacity of about 8, counting the outside table) here in downtown Portand, and noticed a handwritten sign taped to one of the coolers. It reads
    "Greedy music industry says I can't play my own CD's in my own restaurant. The annual fee to play music is $265. Sorry."
    Now, I guess I'm still ambivalent/undecided about the greater argument here, but this particular injunction - visited upon a struggling and honest small business owner - just struck me as being thorough to the point of malice.

    Obviously the owner isn't making any additional sandwich sales from having RIAA-approved background music playing as opposed to the TV news or whatever. Certainly not $265/year's worth.
    --
    Decentralization: the brief interval between the decline of one centralized regime and rise of another.
  13. Declining sales ? by sh0rtie · · Score: 4, Informative


    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 ?

  14. My solution by BoomerSooner · · Score: 5, Funny

    1)Open a CD Shop.
    2)Sell the original with a copy CD with the tracks in mp3/ogg/whatever as a backup/digital medium copy.
    3)Shovel millions to lawyers.
    4)Counter sue for violating fair use.
    5)After losing every court battle give up and bitch about it on slashdot.

  15. Don't forget duplicity! by ebyrob · · Score: 4, Interesting

    Isn't this the same RIAA press release that spawned a recent Reg article?

    1. Re:Don't forget duplicity! by LostCluster · · Score: 5, Informative

      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.

    2. Re:Don't forget duplicity! by Kibo · · Score: 5, Funny

      It's also worth noting that there were only one thousand discs involved, each one had the one decent song off thirty five otherwise crappy albums.

      --
      --Jimmy has fancy plans; and pants to match.
  16. What a world, what a world... by Orne · · Score: 5, Insightful

    They need to blow Electronics Boutique out of the water for trafficking in used DVDs (including music video DVDs)... not to mention played (and presumably copied) games.

    Then they can go after Walmart because they re-release some of their products after editing the content.

    After that, might as well go after Borders & FYE, because of those machines that let you listen to the music before you buy. After all, not buying a CD because it sucks is bad for business.

  17. Convenience stores & Gas Stations by Pinball+Wizard · · Score: 4, Insightful
    The article specifically mentions these. I've seen these first hand - they're usually poorly produced 'Greatest Hits' collections from defunct artists with typically shoddy artwork.

    I thought they were something specifically produced for this market, but after reading the article I think the RIAA has the right to go after these guys. Its one thing to make copies for personal use, but entirely another to mass produce and sell them in a convenience store chain.

    --

    No, Thursday's out. How about never - is never good for you?

  18. more FUD by fermion · · Score: 5, Insightful
    Of course this is more FUD. One wonders why, if the outlets were actually selling counterfeit CDs, they would just not send the authorities to arrest the suspects.

    Rather they seem to be using this as an opportunity to intimidate alternative outlets and spread their unique interpretation fo the truth. I always find it amusing that they continue to blame various forms of piracy for the decline of sales, even in light of continuing revelations to the contrary. Of course, the sad thing is that the report just regurgitate the alleged facts.

    The RIAA is probably most concerned about lack of control. They went through a lot of trouble insuring that they had control over the record stores. They have lost some of that control though discounters, but managed to minimize the loss through marketing deals. This is just another symptom of their compulsive control behavior. It is impossible to control all these little outlets, and therefor their price fixing policies will not be as effective.

    Clearly, the media is not going to fix this. The congress is not going to fix this. I encourage everyone to go out into their communities and find independent music. Buy tickets to local concerts at local venues. Buy the CDs. Do not copy the music. We will only create a new market if we are willing to support the new market.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  19. Re:Corner sandwich shop ripping off poor music exe by Dachannien · · Score: 5, Insightful

    I think your local mom and pop have an excellent opportunity to provide entertainment to their customers, while at the same time supporting musicians who are not under the thumb of an RIAA member's oppressive contract scheme.

    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.

    It's free publicity for the musicians, especially if the merchants put up a sign indicating what CDs they are playing that day (and how to get your own/where to go to listen to a live show), and the merchants provide an interesting feature to attract more customers.

    Then, when Hilary Rosen shows up at Geraldi's and says, I thought I told you to stop playing music here or pay our licensing fees, he can tell her to go fsck herself. ;)

  20. Now the RIAA will have to sue the libraries. by Hidyman · · Score: 4, Funny

    If you can simply go to the local library and borrow a cd what is to stop you from ripping it. And since all customers are pirates, the only logical conclusion is to sue those libraries.
    Oh, wait, we had better call the MPAA because I just found out you can get the books that some movies are based on, then you can take them home and type them into Word and print them out. Maybe they should sue MS for creating a software program that can be used to copy copyrighted material.
    I'm glad we have some responsibe organizations looking out for our interests.

    --
    You can't take the sky from me ...
  21. An article soon to come... by sven_kirk · · Score: 4, Funny

    Car makes to sue all used car dealerships.

    And, I just can't wait until the day I have to pay royalties for a cd that I have already purchased.

  22. Good catch by MacAndrew · · Score: 5, Insightful

    Good thing parroting disinformation never happens here.

    Don't get me wrong, I can't stand lazy journalists. Some simply copy press releases into their stories. It is galling when you catch them at it. As soon as you have some expertise in an area, or even read enough, news that previously looked credible falls apart.

    That's a reason to be very distrustful of reporting on legal proceedings. It is so easy to blow the details, especially if you're being lobbied by one side or the other and not trying to hard in the first place. Making deadline becomes everything.

    There are some great reporters, learn their names, follow them if they change employment. Linda Greenhouse at the Times is a superb legal reporter, and a very good writer for everyone. Here is her 12/11/02 report on a free speech and cross burning case (this has more in common with the DMCA than you might think!).

  23. Mix tapes by RalphSlate · · Score: 4, Interesting

    A lot of music stores near me, in predominantly Black neighborhoods, advertise that they sell "mix tapes". When I've been in NYC, I've seen mix tapes to be basically illegally recorded "greatest hits" from various artists, usually the popular songs of the day. These have always seemed fairly illegal to me.

    I wonder if the RIAA is going to go after these people, and if this is going to raise an uproar in the Black community; these tapes seem to be part of the culture.

  24. Re:Corner sandwich shop ripping off poor music exe by FredGray · · Score: 4, Informative
    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.